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State Underwriting Counsel Agency Services Manager Expert underwriters to help you navigate complicated transactions mississippi college school of law 151 e. griffith street jackson ms 39201 601.925.7100 FACTS AND FIGURES OF SUCCESS GRADUATION MAY 2014 177 JD degrees 4 LLM degrees Mexico Philippines Afghanistan China JULY MISSISSIPPI BAR EXAM 2012 72 of 83 or 86.7 of MC Law grads passed overall 81.3 2013 76 of 89 or 85.4 of MC Law grads passed overall 86.2 ENTERING CLASS AUGUST 2013 159 JD candidates 64 Mississippi 36 out of state 56 undergrad schools 164 high LSAT 149 median LSAT 4.21 high GPA 3.30 median GPA 57 male 43 female 25 minority 2017000 awarded in merit scholarships to entering students 4 LLM candidates Mexico Philippines Afghanistan China CLASS OF 2013 EMPLOYMENT 9 MONTHS AFTER GRADUATION 79 42 private law rms 25 13 government 24 13 seeking employment 20 11 business 14 9 judicial clerks 10 5 graduate degree 6 3 public interest 1 1 not seeking employment LAW CENTERS Bioethics and Health Law Litigation and Dispute Resolution Business and Tax Law Family and Children Public Interest Law International and Comparative Law LAW PROGRAMS Juris Doctorate degree J.D. Executive J.D. program part time Academic Success program summer start Fast Start Program summer start Civil Law Program Louisiana Master of Laws LLM in American Legal Studies for International Lawyers Foreign Study Program Merida Mexico ChinaSeoul Korea Berlin Germany Havanna Cuba Lille France Two-Year JD Program Adoption Project Mission First Legal Aid Clinic Continuing Legal Education Mississippi Law Institute Press PUBLIC INFORMATION PROGRAMS Judicial Data Project Mississippi Legislative History Project Mississippi Legal Resources FACULTY 26 full time faculty 13 hold Ph.D. or Masters degrees in addition to JD degrees 86 adjunct faculty MEMBERSHIP Accredited by the American Bar Association Member Association of American Law Schools Charter Member International Association of Law Schools Member American Society of Comparative Law Consumer information for MC Law at Admissions or 601.925.7152 As of May 12 2014 The Mississippi Lawyer Spring 2015 5 VOL. LXI SPRING 2015 NO. 3 Features Legalized Gaming in Mississippi A Young Industry with an Eventful History By Jay McDaniel 10-15 Illegal Gaming A Mississippi Tradition By Louis Frascogna 16-18 Tips for Effective Mediation- Making an Offer They Cant Refuse By Donald C. Dornan Jr. 20-26 Talking to the Jury Opening Statements and Closing Arguments By Rocky Wilkins 28-33 Convention Registration 39-45 Departments Presidents Message 7 Final Disciplinary Actions 35-38 Leadership Forum 46-49 Young Lawyers Division News 50 Spring 2015 New Admittees 52 New Lawyers in the Family 53 Law Day Art Contest Winners 54-57 Lawyers Helping Lawyers 58 In Memoriam 59-61 Professional Announcements 63-64 Classified Advertising 65 Special thanks to the Mississippi Bars Gaming Law Section and theYoung Lawyers Divisions Mid-Year Conference for providing the feature articles of this issue. PRESIDENT Eugene M. Harlow Gene Laurel PRESIDENT-ELECT Roy D. Campbell III Jackson SECOND VICE-PRESIDENT Julie J. Gresham Biloxi IMMEDIATE PAST PRESIDENT Guy W. Mitchell III Tupelo BOARD OF COMMISSIONERS Jason D. Herring Tupelo Peter C. Abide Biloxi Jennifer Tyler Baker Gulfport Kent E. Smith Holly Springs Lawrence L. Little Oxford Howard Q. Davis Jr. Indianola Ronald S. Wright Ackerman Scott F. Slover Natchez Laura M. Glaze Jackson William Liston III Jackson Rebecca Lee Wiggs Jackson LaVerne Edney Jackson Willie T. Abston Flowood Melissa Carleton Choctaw Brannan P. Southerland Vicksburg E. Nick Kramer III Quitman Cynthia I. Mitchell Clarksdale Chadwick L. Shook Hattiesburg John R. Tullos Raleigh Mark R. Holmes McComb John A. Howell Picayune Michelle D. Easterling West Point Joseph D. Neyman Jr. Hernando Richard O. Burson Laurel Jessica M. Dupont Pascagoula Shannon S. Elliot Brandon Whitney Adams Pearl David L. Morrow Jr. Brandon Bryant W. Clark Lexington Timothy L. Rutland Hazlehurst Ashley N. Wicks Ridgeland YOUNG LAWYERS DIVISION President Jennie A. Eichelberger Jackson President-Elect Diala H. Chaney Oxford ABA DELEGATES W.C. Cham Trotter III Belzoni Charles J. Swayze Jr. Greenwood EXECUTIVE DIRECTOR Larry Houchins Jackson EDITOR Sam Kelly Jackson MANAGING EDITOR Melanie Henry Jackson ADVERTISING MANAGER Krissa Dobbins Easley Jackson The Mississippi Lawyer is published quarterly by The Mississippi Bar 643 North State Street P.O. Box 2168 Jackson Mississippi 39225. Telephone 601 948-4471. Publication of advertising does not imply endorsement of products services or statements made concerning them. All advertising copy is subject to approval. The Editor reserves the right to reject advertising. Manuscripts are welcome and preparation instructions may be obtained on request. The right is reserved to select mate- rials to be published. Material accepted for publication becomes property of The Mississippi Bar. Statement of opinions appearing herein are those of the authors and are not necessarily that of the Editor Officers or Board of Commissioners of The Mississippi Bar. experience clarity A National CPA Advisory Firm Peder Johnson Managing Partner 601.948.6700 Need a deeper understanding Our forensic examiners fraud investigators expert witnesses and valuation professionals can show you whats going on beneath the surface. For decades BKD Forensics Valuation Services has assisted organizations and attorneys with fraud investigations litigation support and damage calculations. Experience how we can help you proceed with a clearer view of your goals. The Mississippi Lawyer Spring 2015 7 Adios and Hasta la Vista A u revoir Arrivederce Adios Auf Wiedersehen Tot ziens Farvel and Hasta la Vista my friends That is goodbye in many different speaks and see you later It has been a great year and absolutely flown by. My term will come to an end at the Farewell Luncheon at our Annual Bar Convention on July 11th. New blood is waiting in the wings. Our Bar will never miss a beat. What an incredible staff you have at the MS Bar. Our Executive Director Larry Houchins along with his very capable staff do a beau- tiful job keeping us all on the right track year after year. Melanie Henry Associate Executive Director is the perfect complement to Larry and as talented as anyone I know in developing meaningful programs. If you have the opportunity to go to the Annual Convention this year you will see another example of what Melanie can do and does year after year. We welcome our State and Federal judiciary which will both have a very strong presence at the Convention. For those with young children or grandchildren the Convention really caters to their needs and fun. Lifetime memories are made every year for these youngsters. I sincerely hope you can join us. I want to thank every member of our Bar for allowing me the opportunity to represent our organization this past year. The work of our some 18 various standing and ad hoc com- mittees has gone forward with many examples of fruitful results. I will not bore you with the many examples of committee work but to every member of these various committees thank you Likewise to our entire Board of Bar Commissioners thank you for your service We have seen great leadership and management come out of our General Counsels office. I can definitely say that we police our own with a fair and balanced hand. Thank you Adam Missy Jim Glen and staff for the service you provide to our members every day When one of our own stumbles in the form of mental illness or addiction our Lawyers and Judges Assistance Program is available to lend a helping hand. They are one of the few that can literally save a life if only given the opportunity. When Chip Glaze our LJAP Director is not dealing with an emergency need he is constantly seeking opportunities to increase awareness among our members. Thank you Chip and Carolyn for reaching out to those that need a helping hand I will have to say we have had a lot of fun and learned a lot with our CLE on the Road. We first went to Cleveland second to my home town of Laurel where we visited area bars in Waynesboro Quitman and Bay Springs and finally to Tupelo and to more area bars in Pontotoc New Albany and Booneville. We had the opportunity on all of these occasions to hear from the real bar people just like you and me. We talked to lawyers and judges and heard about local programs and activities. This may have been one of the more enjoy- able opportunities all year. However I will have to say that I really enjoyed speaking to 1Ls at Ole Miss and at MC Law schools during the James O. Dukes Professionalism pro- grams at the beginning of the school year. I was much honored to be asked to speak at the Eugene M. Harlow President of The Mississippi Bar 2014-2015 Continued on next page 8 Spring 2015 The Mississippi Lawyer Ole Miss Law graduation just recently. Likewise I had the opportunity to talk to our newest lawyers at both the Spring and Fall Bar Admission Ceremonies and this too was a joy. Melanie Henry organized a terrific five month bar leadership program for young lawyers chosen from around our state. With one exception moi the speakers were dynamic to say the least. Perhaps just a ham but I really enjoyed speaking to these younger lawyers too. Finally we held our annual Memorial Service at the Supreme Court building and this was a moving opportunity for me being allowed to give the Eulogy to family and friends that attended. As you can see these opportunities have truly been an honor for me. Through the year we have met bar leaders and their spouses from around the country. My wife Jan and I have created relationships that will last well beyond the bar year. I can honestly say that I have grown more in this short period of time than I thought possible. There were countless opportunities to experience learn- ing by the examples of these great leaders. While most of our opportunities to share knowledge came from bar leaders in our southern states we had the opportunity to experience the same from bar leaders from all around the country. Right here at home I have come to realize what a great legal community we have in MS. MS leadership within our Bar is impressive to say the least. We all know that our country suffers from access to justice issues on many different fronts. It is one thing to recognize the problem and another to really do something about it The MS Bar cannot cure the problem. It requires you and me to get involved because we care. The MS legal community is so much broader in its reach out to this issue than I ever realized. Besides the MS Bar you have the Young Lawyers Division contributing in a most meaningful way. They are in fact a most effective public service arm of the MS Bar. Then you have the work of the Magnolia Bar that branches out in many different directions with meaningful programs. There are our local bar associations across the State like the Capital Area Bar Association CABA dealing with these issues in their own locale. But this is just the tip of the iceberg Unfortunately we are a state rich in poverty a poster child for the critical need for access to our justice system by many underserved segments of Mississippis population. The MS Access to Justice Commission seeks to represent the many MS organizations that work to provide access to our judiciary in a meaningful way. There are organizations across our State that break down the needs in many different ways. I want each of us to know that the following organizations made up of people just like you and me ARE doing something about it The MS Volunteer Lawyers Project is an organization we all recognize as filling a critical need by pro- viding an option for legal services to the poor of our state. The bulk of pro bono services provided to the poor of our state comes from the hard work of North MS Rural Legal Services and Mississippi Center for Legal Services. Our two law schools are doing their part to provide legal services while at the same time giving students experience and opportunity to work with these underserved clients. The University Of Mississippi School Of Law has roughly ten practice areas within their Clinical Programs and also operates the Pro Bono Initiative as well as a clinical externship program. Mississippi College School of Law Clinical Programs operate the Mission First Legal Aid Office and the Family and Childrens Law Center which includes an Adoption Legal Clinic and their Public Service Law Center which coordinates an MC Law externship pro- gram. The Southern Poverty Law Center Mississippi Immigrant Rights Alliance Mississippi Workers Center for Human Rights Mississippi Center For Justice ACLU of MS Choctaw Legal Defense and the Catholic Charities Legal Assistant Clinic are significantly serving the needs of our poor and help in the ongoing struggle to provide access to justice to every Mississippian. Unlike my opening paragraph expressing goodbye in many different languages I hope that those of us who practice law in MS will speak a common language and find a common purpose to serve the public all of our public through the many avenues to provide access to justice in MS. Again many thanks for allowing me the opportunity to serve you this past year. It has truly been my pleasure I Adios and Hasta la Vista The power of many the convenience of one. Put our experience in professional liability insurance to work for you. Largest agency in Mississippi Insuring Mississippi attorneys since 1973 Multiple markets all rated A Excellent or higher by A.M. Best Offering professional liability commercial personal insurance employee benet services retirement plan consulting and administration services Trained specialists including Certied Insurance Counselors Certied Risk Managers CPAs other industry professionals HUB International Sandi East CIC CISR CPSR 601-607-5400 ......LL.M. ALABAMA The University of Alabama School of Law An online LL.M. concentration in Taxation or Business Transactions from The University of Alabama School of Law allows you to earn an advanced degree while working full-time. Enrolling in this program demonstrates that you understand the value of live classes made available in a collaborative online environment and accessible from anywhere in the world. Earning this degree proves that you received skills-based training from respected professors and practitioners to learn more. Online LL.M. degree programs Tax and Business Law Concentrations The best thing for your resume since spellcheck. 10 Spring 2015 The Mississippi Lawyer Legalized Gaming in Mississippi A Young Industry with an Eventful History The Mississippi Lawyer Spring 2015 11 Legalized Gaming in Mississippi A Young Industry with an Eventful History However it is an industry that has changed dramatically and endured much during its tenure here and it continues to change and adapt today. The role that lawmakers attorneys regulators and the operators themselves have played in developing a successful gaming industry cannot be overstated. A quick look at the history of gaming in our state is fascinating and highlights many legal and operational challenges that had to be overcome to get the industry where it is today. Starting from Scratch Three simple elements are required to engage in gambling Consideration chance and reward. Miss. Gaming Commn v. Henson 800 So. 2d 110 113 Miss. 2001. There are some exceptions for things like charitable games and raf- fles but generally engaging in the three elements can trigger a gambling charge. This is certainly true when an electronic machine or table game is involved. Illegal gaming has long had some presence in this state. In fact wagering on games of chance has existed in Mississippi in one form or another for centuries dating back to games conducted by Native Americans. However regulated wagering first made its appearance statewide in the form of a lottery approved by the Mississippi Legislature in 1867. In 1867 the state was trying to find ways to recover financially after the Civil War. The legislature created the Missis- sippi Agricultural and Manufacturing Aid Society and granted that entity the right to conduct lotteries in Mississippi. However when a new state constitution was adopted two years later it specifically prohibited the legislature from approving a lottery. This of course led to legal challenges as to whether the lottery that was created prior to the 1869 constitution could continue. The United States Supreme Court decided the issue and held that a lottery contract that resulted in the legislature giving up the right to regulate or prohibit a lottery was invalid. See Stone v. Mississippi 101 U.S. 814 1879. After this brief attempt state-regulated gaming was nonexistent in Mississippi for the next one hundred years although local unregulated gaming was quite an industry on the gulf coast for many years before Hurricane Camille. The explosion of gaming in Nevada in the 1960s and the successful introduction of gaming in Atlantic City New Jersey in the 1970s gave states a reason to consider gaming as a regulated activity again. Many states viewed gaming as not only a tax revenue generator but also an enter- tainment outlet that could enhance tourism and help showcase other attractions in the state. The first instance of legal casino gaming appeared in Mississippi in 1987 but not by legislative enactment. The Europa Star cruise ship created a gaming business by making excursions from Biloxi to waters where Mississippi arguably had no jurisdiction. Legal battles ensued over whether the excursions were permissible with the Attorney Generals office arguing that the 90 minute trip off shore did not take the cruise ship out of Mississippis waters. It was eventually determined that Mississippi did have juris- diction over these waters but the issue was quickly becoming moot thanks to the state legislature. In 1989 lawmakers decided to allow gambling aboard cruise ships as long as those ships were passing to or from inter- he regulated casino industry was born in Mississippi when gaming was legalized just twenty-five years ago. When compared with other large regulated industries in the state banking insurance healthcare to name a few the gaming industry is still rather young. T By Jay McDaniel Continued on next page 12 Spring 2015 The Mississippi Lawyer Legalized Gaming in Mississippi A Young Industry with an Eventful History national waters. One year later in 1990 the state enacted much broader legislation known as the Gaming Control Act. The Gaming Control Act created the frame- work to establish the Mississippi Gaming Commission and legalizing dockside gam- ing along the Mississippi River and coastal counties. See Miss. Code Ann. 75-76-1 et seq. Prior to the passage of the Act many found it inconceivable that such legislation could get passed in the Bible Belt and found it even more implausible that such an industry could thrive. The doubters were wrong. The Mississippi Miracle When gaming was first legalized in this state many believed that the casinos that would follow would resemble the old riverboats that once patrolled the Mississippi River and its waterways. After all the legislation to pass dockside gam- bling used words like cruise vessel and navigable waters. Few expected the large resorts and entertainment options that are here today. While the early oper- ators did use large barges that were quick- ly moved and moored into gaming sites it quickly became apparent that gaming was going to be hugely popular in the area and plans were made by developers to do any- thing they could to make their operations more permanent. Fortunately for the oper- ators the Gaming Control Act was not so restrictive that these large-scale develop- ments could not be achieved. Other than the qualifications about locations and structures the rest of the Mississippi Gaming Control Act was modeled after Nevadas gaming statutes and regulations. Nevada has always been regarded as the domestic expert on the subject and it was a good idea to emulate its regulations which had cleaned up the industry in the state. However Mississippi did not have near the number of gaming experts and was ill-prepared for what would follow shortly. In 1992 four legal casinos appeared in Mississippi within a span of three months. The first dockside casino appeared in the state on August 1 1992 when the Isle of Capri Biloxi opened. Two other casinos the President Casino in Biloxi and the Biloxi Belle opened that same August. In October 1992 the Splash Casino became the first casino in Tunica County. Upon opening the casino charged an entry fee just to get into the casino and there were still lines to get inside. The Splash Casino had so many visitors that it had to be temporarily closed at one point just so all of the money in the count room could be counted and moved to the bank to make room for more. This was an early sign that Tunica had serious potential. In October 1993 the Mississippi Gaming Commission was formed and took over the primary role of regulating the casino industry prior oversight was by the tax commission. By early 1994 19 casinos had opened in Mississippi. By the end of that year over 30 had been opened. Also in 1994 the Silver Star casino opened in Neshoba County thanks to a compact entered into by the State and the Mississippi Band of Choctaw Indians. Many coined the statewide gaming expan- sion as the Mississippi Miracle. Expectations were tempered early but by 1994 a state budget surplus was recog- nized and some credit for the surplus was given to the introduction of gaming into the State. Regulators and state officials MEDLEY BROWN LLC F I N A N C I A L A D V I S O R S Medley Brown POINTS OF DISTINCTION Focused A singular long-term value-driven investment philosophy Rational Thoughtful investment selection Responsive Exceptional client service Committed Our money invested alongside yours Proven History of investment performance Call us at 601-982-4123 The Mississippi Lawyer Spring 2015 13 Legalized Gaming in Mississippi A Young Industry with an Eventful History were not the only ones trying to control what they had on their hands. Likewise gaming attorneys that were new to the concept of regulated gaming were having to guide their clients through the rigorous process of applying for gaming licenses getting gaming equipment approved and licensing individuals that were associated with these gaming companies. Many of the members of the gaming section of the Mississippi Bar were guiding the mergers acquisitions and reorganizations as casi- nos entered the marketplace and changed hands. This was also a time that saw some legal maneuvering to clarify just where the casinos could be located. The relevant statutes and regulations mandated that gambling was only legal on a vessel or cruise vessel as defined in Mississippi Code Ann. 27-109-1. For the river coun- ties the vessel had to be on the Mississippi River or its navigable waters within any county bordering on the Mississippi River. Thus the question for many applicants became where can I put my vessel and still be on the Mississippi River The river of course rises and falls and what appears to be the shoreline one week may no longer be the shoreline the next week. It was eventually determined that a vessel could be placed anywhere within the bank-full stage of the river where there was a suitable navigable waterway. The bank-full stage is an estab- lished stage at a given location along a river that represents the maximum safe water level that will not overflow the river banks. Thus in Tunica especially opera- tors were able to use waterways that extended off of the main river channel but that were still within the bank-full stage of the river itself. This was an important step for the industry because it allowed larger vessels to be moored in these waterways without the worry of the constant rising and falling of the main river channel itself. Such a determination is what allowed the larger resorts to be built in Tunica with hotels and other amenities next to the ves- sels themselves. Also in the mid-1990s a legal issue was boiling in Warren County over whether another navigable waterway was an appropriate site for a casino. Developers wanted to build a large casino in eastern Warren County along the Big Black River not far from Interstate 20 and in much closer proximity to Jackson than the Vicksburg casinos were. The develop- ers argued that the Big Black was a navi- gable waterway of the Mississippi River. Because it was still in Warren County it was in a location where gaming was legal even though it was not immediately adja- cent to the Mississippi River. As you can imagine opposition arose over the legality of the location much of it from casinos that were already operating in Vicksburg. Ultimately the Mississippi Gaming Commission decided that while the site technically fit the definition of a legal site it was not a suitable site for gaming citing several concerns over what a major devel- opment could do to that portion of the river environmentally and otherwise. While appeals followed the Mississippi Supreme Court upheld the commissions decision. See generally Mississippi Gaming Commn v. Pennebaker 824 So.2d 552 Miss. 2002 finding that the Mississippi Gaming Commissions deter- mination that the planned casino site was not suitable for gaming was supported by substantial evidence. Enhancing the Product and Beating the Odds By the late 1990s the market began to stabilize and the casinos matured into more than just a short-term idea. Larger structures were built and amenities added. Numerous individuals worked to make sure the developing product could flourish and grow. During this time Captain Robert C. Engram Commissioner helped developed a regulation requiring operators to bring more than floating vessels to their gaming sites. Having the foresight to rec- ognize that any number of factors could suddenly make an operator up and move their operation Commissioner Engram and his fellow commissioners instituted infrastructure regulations in 1999 that required any new casino development to spend an equal amount of money on addi- tional infrastructure as they did on the gaming areas themselves. This regulation helped give rise to more hotel rooms golf courses marinas and other amenities that many of the properties have today. Larger amenity driven properties were built like the Beau Rivage that opened in 1999 and the Hard Rock in Biloxi that was finished in 2005. More work was done during the 2005 legislative session when lawmakers addressed concerns that gaming vessels might need extra protection from hurri- canes on the gulf coast or floods on the river. The legislature passed a law that allowed casinos to elevate their barges on pilings or take other engineering measures to protect against storm surges or floods. These protective measures were imple- mented so that the barges could withstand weather events but the law did not allow the casinos to be moved to new locations. Continued on next page More work was done during the 2005 legislative session when lawmakers addressed concerns that gaming vessels might need extra protection from hurricanes on the gulf coast or floods on the river. 14 Spring 2015 The Mississippi Lawyer This measure was a big step to show the industry that Mississippi was not ignorant to their concerns and that our state want- ed to see the industry thrive and remain competitive. Unfortunately before any casino could take advantage of the new measure August 2005 brought a storm event that no casino on the gulf coast was prepared for and that required even more action by lawmakers. After Hurricane Katrina not one casi- no was left operational on the gulf coast. Like most everything within view of the coastal beaches the casinos were destroyed. Not only were they destroyed but as the barges were lifted off of their moorings and floated inland they destroyed much of what was left in their path. For the casinos to come back with an improved product it would take more than just rebuilding. Measures had to be taken to help ensure such a catastrophe didnt happen again. Not only were some of the largest employers on the gulf coast out of operation but the state was losing valuable tax revenue every day. Within weeks Governor Haley Barbour called a special session to address hurri- cane recovery with one of the major issues being how to assist the casino industry in recovery. After much debate lawmakers determined that an adjustment of a few hundred feet would allow the properties to rebuild in a more permanent manner and still be consistent with the original concept of dockside gaming. The phrase shore-based gaming was promot- ed by the operators to point out that this was not a move to expand gaming all over the state but merely to allow permanent structures within sight of the water to avoid another devastating event. Lawmakers approved the measure to bring casinos onshore 800 feet from the mean high water line of state waters and Governor Barbour signed the bill into law on October 17 2005. The new law was carried out swiftly and with much thought and allowed the coastal casinos to return in better form and without great expansion of gaming across the state that many feared at the time. In addition to Hurricane Katrina the last decade saw many events that altered the state of gaming in this jurisdiction. Just as Mississippi saw its highest gaming revenues hit almost 2.9 billion in 2007 the recession hit and numbers started to decline. Additionally gaming was grow- ing in nearby states and in the Midwest resulting in more competition. In 2011 the Mississippi River flooded and closed all but 2 of the 19 river casinos temporari- ly. As a result revenues have been in a slow decline over the last 8 years but the industry is still considered strong and weathered the recession quite well. The most significant impact has been seen in Tunica which is still a resilient gaming market but not nearly the one that was once ranked as one of the highest revenue markets in the United States. Maintaining the Product and the Publics Confidence As our gaming industry continues to grow one of the most important aspects to maintain is public confidence in that industry. Mississippi has done well to see that the industry is properly regulated and held to the standards that lawmakers put in place. The Mississippi Gaming Commis- sion investigates all gaming operators and the principals of the companies that own and are affiliated with them. These inves- Legalized Gaming in Mississippi A Young Industry with an Eventful History The Mississippi Lawyer Spring 2015 15 tigations review the background and char- acter of gaming employees the sources of financing for acquisitions and develop- ment of casinos and the overall business capability of the operator. The Commis- sion has the authority to limit condition suspend or revoke any gaming license. See Miss. Code Ann. 75-76-103. In some circumstances an individuals gaming license may be revoked automatically such as the conviction of a felony. The Commission also has the discretion to fine a licensee for any violation of the Gaming Control Act or the Mississippi Gaming Commission Regulations. In 2014 the commission developed new infrastructure requirements for casi- nos with the goal of increasing amenities beyond just the gaming product. For a casino development to receive approval it must have at a minimum a 300-room or larger hotel with at least a three-dia- mond rating a restaurant capable of seat- ing at least 200 people a fine dining facil- ity capable of seating 75 people a 40000 square foot or larger casino floor and the project must have or support an amenity that is unique to the market and shown to encourage economic development and tourism. Currently a new casino is being developed that falls under these new stan- dards that will be DIbervilles first casi- no. Additionally the state has 28 state- regulated casinos 9 in Harrison County 2 in Hancock County 2 in Adams County 4 in Warren County 2 in Washington County 1 in Coahoma County and 8 in Tunica County. While it is not state regu- lated the original Silver Star casino is now part of the larger Pearl River Resort which also features the Golden Moon casino the Dancing Rabbit Golf Club the Geyser Falls water park and other non-gaming amenities. Hancock County was the first county to approve dockside gambling in December 1990. When gaming was approved by local vote in Harrison County and Biloxi it took a second vote and only passed by a narrow majority. Today Hancock and Harrison Counties host some of the best locations for tourism in our state and it can be argued that much of that is owed to gaming. Tunica County had the unfortunate designation as the poorest county in the nation prior to the introduction of gaming to the area. Now the tax revenue from gaming has lifted that label and provided much needed employment and infrastructure to the area. While not everyone will agree that gaming is a good thing for the state the fact remains that it is here as an established industry and therefore must be scrutinized and regulated strictly but fairly. Mississippi has done an excellent job of developing the gaming product here all while keeping the industry virtually scan- dal free. The lawmakers that helped pass the initial legislation and adapted to changes the existence of a good regulato- ry framework and the attorneys that prac- tice in the gaming area can be thanked for that. I Jay McDaniel is the Deputy Director of the Mississippi Gaming Commission and Treasurer of the Gaming Section of the Mississippi Bar. Prior to joining the gam- ing commission Jay practiced in the litiga- tion department at Butler Snow LLP. Jay is a graduate of Mississippi College School of Law and earned his B.S. in Accounting from Mississippi State University. Legalized Gaming in Mississippi A Young Industry with an Eventful History 16 Spring 2015 The Mississippi Lawyer The Mississippi Lawyer Spring 2015 17 Despite the office bracket betting pool seeming like a national pastime and a presidential tradition it is still illegal in this state to bet on the outcome of a sport- ing event. However in Mississippi sports betting is only a part of the states illegal gaming. Pursuant to Mississippi Code Annotated 97-33-1 Mississippi law allows for the construction of licensed casinos within 800 feet of the Gulf of Mexico and on the Mississippi River but gaming is strictly forbidden outside those gaming floors. What constitutes gaming is generally defined in the Mississippi Gaming Control Act Miss. Code Ann. 75-76-1 et. seq. but also specifically list- ed are 21 other games like poker black- jack craps etc. The mere playing of these games with or without wagers outside of a licensed casino is considered illegal. Some states such as Florida do allow for penny games wherein a friendly private poker game could be conducted with nominal wagers and winnings. However in Mississippi casino games are illegal with friends as a fund raiser or for chari- ty and despite a million proposals to circumvent the law i.e. no wagers no winnings etc. there is simply no way to get around the fact that the game itself is illegal. It would sell the industrious criminals of Mississippi short to think of the states illegal gaming as limited to office pools and friendly poker games. Large sports book operations exist as do high stakes poker games. Additionally throughout Mississippi slot machines continue to pop-up in service stations restaurants and sometimes even dedicated retail spaces. Unlike our gaming brethren in Louisiana these machines are illegal. A trip to any of Mississippis licensed casi- nos would reveal a wide range of slot style games but ultimately a slot machine is any machine or device which accepts a wager directly or indirectly in exchange for the chance of winning a prize. Even the innocuous looking quarter-pusher device a machine that literally accepts quarters until the pusher pushes the pile of quarters off for the user to collect falls into this category. Mississippi Gaming Comn v. Henson 800 So.2d 110 Miss. 2001. About the only slot machine that wont see you charged with a crime is the vintage kind and even those machines need to be inoperable and over 25 years old. There are some games of chance that legally exist outside of the licensed casi- nos. Bingo licenses are issued by the Gaming Commission but are restricted to registered charities. Some non-profit organizations may hold a raffle without having to get any approval from the state if the raffle is conducted by and solely for the benefit of that organization. The annu- al Dream Home raffle falls into this cate- ach year many in the state join the nation in com- pleting their March Madness brackets. Even the President of the United States participates.E By Louis Frascogna Continued on next page Illegal Gaming A Mississippi Tradition 18 Spring 2015 The Mississippi Lawyer Illegal Gaming A Mississippi Tradition gory. A sweepstakes is legal if the chance of winning is free or if it is associated with another product so long as the prod- uct sold isnt more expensive because of the associated sweepstakes entry. Also scratch-and-win cards often sold at con- venience stores are legal in Mississippi because they actually offer long distance phone time and are therefore considered sweepstakes. It is legal for Mississippians to purchase and play out-of-state lotteries but reselling those tickets in the state would be illegal. Finally the newest horizon in illegal gaming operations in the state attempts to operate somewhere between illegal slot machines and legal sweepstakes. The so- called internet sweepstakes games run off of standard desktop computers in alleged internet cafes. These machines allow patrons to buy internet time and receive sweepstakes points that may be used for play in a simulated slot machine game. The argument that the machines actually used a finite number of entries akin to a sweepstakes was invalidated in Moore v. Mississippi Gaming Comn 64 So.3d 537 Miss. Ct. App. 2011 and an update to the criminal statutes in 2013 sought to clarify the illegality of these machines. Miss. Code Ann. 97-33-8. Despite efforts across the country to reel in these operations the American Gaming Association estimates that they continue to operate in at least 12 states with annu- al revenue of almost 10 Billion.1 Legalized gaming began as a way to effectively regulate and cut down on the corruption associated with illegal gam- ing. In the future many of the forms of illegal gaming might again find their way to legal casino floors as the state and the Industry continue to monitor develop- ments in online gaming and New Jerseys attempts to challenge federal law with respect to sports betting. Mississippi law does not authorize gaming but has creat- ed exceptions to the general prohibition to allow for it. Should New Jersey be successful in its legal arguments Mississippi may only need to amend its criminal statute and create an additional exception for sports betting. This distinc- tion may prove important as discussed in the Third Circuits opinion in Natl Collegiate Athletic Assn v. Governor of New Jersey 730 F.3d 208 3d Cir. 2013. Until then it might be best if you hold off on collecting your winnings from any illegal gaming activities. I Louis Frascogna is a Special Assistant Attorney General and is Senior Counsel to the Mississippi Gaming Commission. Louis is a graduate of The John Marshall Law School in Chicago Illinois and earned his B.B.S. in International Busi- ness and his B.A. in Foreign Languages from Mississippi State University. ______ 1 David O. Stewart. Internet Sweepstakes Cafes Unregulated Storefront Gambling in the Neighbor- hood. American Gaming Association. 2012. LITIGATION MMEDIATION SSUPPORT ON RREAL EESTATE IISSUES Real Estate Appraisers Mediation Consultants 100 Years Combined Experience Joe W. Parker MAI CRE Curtis A. Gentry IV MAI Edward W. Dinan MAI CRE Elizabeth S. West MAI CRE J. Neil Parker Services Litigation Support Expert Witness Legal Strategy Mediation and Mediation Support Appraisals Acquisition Disposition Arbitration Alternative Dispute Resolution Asset Management Strategic Positioning Corporate Real Estate Eminent Domain Environmental Government State Municipal Federal Investment Strategy Investment Management Market Studies Site Location Conservation Easements Feasibility Analysis 641 Lakeland East Drive Jackson MS 39232 601-664-2422 1-800-759-1849 Fax 601-664-1605 660 Katherine Drive Jackson MS 39232 601-664-2422 1-800-759-1849 Fax 601-66401605 The Mississippi Lawyer Spring 2015 19 MISSISSIPPI CENTER FOR LEGAL SERVICES CORPORATION Extends a heartfelt to our Sponsors for supporting the 40th Year Legacy of Legal Services Program on August 14 2014 Friends 500 - 999 Alexander Martin Esq. Owens Moss PLLC Barry H. Powell Esq. Promo Direct Kenya Rachal Esq. 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Joy Lambert Phillips Esq. Alison Steiner Esq. Heather Wagner Esq. John L. Walker Jr. Esq. Watkins Eager PLLC Representative Percy W. Watson Jimmy B. Wilkins Esq. Friends 500 - 999 Michael Anthony Bancorp South Banks Finley White Company CPA Jacqueline Beasley Ph.D. Martha Bergmark Esq. Barbara J. Brown Sam Tab Buchanan Jr. Lewis Burke Esq. Julia P. Crockett The Honorable Melba Dixon The Employers Services Group LLC Mr. Mrs. Greg Howard Joseph Hudson Esq. 20 Spring 2015 The Mississippi Lawyer MakingAnOf Tips For Ef The Mississippi Lawyer Spring 2015 21 By Donald C. Dornan Jr. ferTheyCantRefuse fective Mediation 22 Spring 2015 The Mississippi Lawyer More and more lawyers have gained sig- nificant experience in mediation. Insurers and corporate entities have likewise come to realize that mediation can be a less time consuming and relatively risk free way to achieve closure. This paper will address practical aspects of the mediation process and suggestions for ways to best represent clients in mediation. A. The Need for Mediation There are overcrowded dockets in many of Mississippis Circuit and Chancery Court Districts. In the more pop- ulous counties the time interval from fil- ing to trial date can often be many months. The uncertainties of full dockets motions too long under advisement and trial reset- tings frustrate litigants. These factors oper- ate on both plaintiffs and defendants. Mediation offers parties an immediate forum and a process that focuses on the strengths and weaknesses of the case and provides an opportunity to avoid the trans- actional costs of litigation and the uncer- tainties of trial. Attorneys and judges have come to realize that approximately 90 of civil cases are settled at some point in the liti- gation process. They have learned that the mediation process creates a focus by the parties not previously achieved through routine discovery. This direct focus on strengths and weaknesses promotes reso- lution. Even when a mediation is unsuc- cessful valuable information about the opposing partys evidence legal argu- ments and strategy is often gleaned. B. Become Proficient Representing Clients in Mediation If mediation has become a recognized and entrenched process for resolving liti- gated disputes lawyers representing plain- tiffs and defendants are well advised to expand their knowledge and understand- ing of the mediation process. In mediation lawyers are tasked with the role and responsibility of obtaining the best result for their clients. However in mediation the lawyers role is unique in that he acts as an advocate and a negotiator. Recognizing these dual roles and developing a lawyers skills in each area are keys to successfully representing clients in mediation. Lawyers who are successful in mak- ing an offer they cant refuse have learned to embrace the mediation process. They know to develop a clear strategy and objectives with the client and how to uti- lize negotiation techniques intrinsic to the process. DOS AND DONTS OF A SUCCESS- FUL MEDIATION A. Avoid Mediation When Your Client is not Seriously Interested in Resolution If the facts of the case are such that you are certain to prevail there is probably no reason to mediate absent court order. Likewise mediation will not likely suc- ceed unless both parties are committed to the process. If your client is not committed to resolution it will be difficult to achieve a successful settlement. When this occurs the lawyer should not encourage mediation nor allow the opposing party to gain mis- placed optimism that a mediated settle- ment is likely. Often lawyers and their clients agree to mediation knowing that there is little chance of success. When this occurs lawyer and client both run the risk of damaged credibility with the opposing lawyer and the mediator when the media- tion proves fruitless. B. Dont be Afraid of Your Own Client Before the mediation all aspects of the mediation process should be explained to the client. The lawyers evaluation of the claims and defenses should be laid out for the client in a reality-based fashion. The client should be encouraged to listen ediation is no longer an unfamiliar process for lawyers in Mississippi. The implementation of the Court-Annexed Mediation Rules in 1998 and the volume of litigation in Mississippi courts has made mediation a favored approach to resolution. By Donald C. Dornan Jr. M Tips For Effective Mediation - Making An Offer They Cant Refuse INTRODUCTION The Mississippi Lawyer Spring 2015 23 Tips For Effective Mediation - Making An Offer They Cant Refuse closely to the lawyers assessment and to acknowledge the strengths and weakness- es of his case. At the same time the pre- mediation meeting will afford the client an opportunity to express his feelings and ventilate if necessary. The adroit lawyer will provide an empathetic ear and rein- force his confidence in the client while also administering a dose of reality about the case. The client can be the best piece of evi- dence in the attorneys arsenal even though the mediation is informal and non-bind- ing. A credible and impressive client at mediation is just that a credible and impressive client. However the opposite is also true. While it may not be tactful to broach this directly with the client a poor- ly performing client is a factor which should be taken into account in the evalu- ation of the case. It is the responsibility of the lawyer to explain the mediation process to the client. The goal here is to enhance the clients ability to understand what is happening as the mediation unfolds. The client should be prepared to answer questions from the mediator clearly concisely and without hesitation. The client should also be pre- pared to deal with an effective opposing attorney who addresses his opening remarks to the client rather than to the mediator. Here the clients body language and appearance are more important than any words that may be spoken. Dont be afraid to advise the client of the other partys position and the fact that the client may feel threatened criticized or intimidated during the joint session. Explain to the client that the opposing party will not agree with his position on disputed issues and that the client may be angered at the opposing lawyers position statements. Such statements should not be internalized nor allowed to create emo- tional barriers to compromise. Clients are better served when they are prepared in advance for negative information. Prior to the mediation explore with your client the process of negotiation. The idea that settlement requires negotiation and negotiation requires compromise should be explained and encouraged. C. Develop a Strategy Attorneys who have consistently achieved good results in mediation have followed at least two rules. First they have made a realistic evaluation of the potential settlement and verdict ranges of their case along with the risks of proceeding to trial and will have discussed them fully with their client. Additionally successful attor- neys devise a negotiation strategy similar to a game plan which will help them reach their objective. A cogent discussion of the risks and ramifications of trial and other potential weaknesses will be critical to establishment of a realistic mutual goal. If the clients confidence in his lawyer is adversely impacted when he learns for the first time during mediation of some risk such as summary judgment or puni- tive damages which was not explained earlier the lawyer has failed. An experi- enced mediator is likely to ask about these issues. Therefore the lawyer is well advised to have the client prepared for and ready to discuss all potential pitfalls. The mediation game plan should be made in advance yet be flexible enough to account for the opponents actions. Preparing the client and obtaining suffi- cient settlement authority are important aspects of the overall strategy. Access to the client and lines of communication to other persons with authority should be established in advance. D. Working With the Insurance Adjus- ter or Company Representative Be sure that your client andor person who will make settlement decisions is present at the mediation. Many times insurance claim representatives and com- pany representatives are unwilling or not permitted to travel to the site of a media- tion. The defense lawyer should always encourage personal participation and attendance. Although the mediation can proceed with the company representative participating by telephone most mediators believe that personal participation increas- es the likelihood of resolution. Advantages include the ability to make a personal assessment of the opposing party and the demonstrative commitment to settlement inferred by the willingness to travel to the location of the mediation. A disadvantage of remote participation is that it is often too easy for a representative to shut down the negotiations if they are not required to face the mediator or opposing party. E. Be Punctual Courteous and Atten- tive The mediation date is an important event in the life of any lawsuit. It should be treated with the same level of importance as a court hearing. Lawyers and their clients should be on time for the media- tion. Tardiness and last minute scheduling conflicts are poor excuses and do not enhance the credibility of the lawyer or the case. Nothing gets a mediation off to a poorer start than for the lawyer to be late while his client sits patiently awaiting his arrival. In addition to being unprofession- al tardiness rarely promotes resolution. F. The Joint Session A typical mediation begins with a joint meeting of all participants presided over by the mediator. The mediator usually delivers a brief preamble and overview of the mediation process and secures a com- mitment to proceed from the parties. The mediator will customarily invite each party to make an opening statement or position statement. This is the time when counsel are allowed to set forth a summa- Continued on next page LACOSTELACOSTE ARCHITECTARCHITECT JAY LACOSTE CONSTRUCTION PREMISES LIABILITY 2349 TWIN LAKES CIRCLE 601 981-2853 JACKSON MS 39211 VIVIZODAOL.COM 24 Spring 2015 The Mississippi Lawyer ry of the case and their position on the dis- puted issues. Because all participants are present the position statements are deliv- ered to a captive audience which is obli- gated to listen quietly to the other sides arguments. Some lawyers are reluctant to submit their clients to a joint session for fear that the opponents opening statement will inflame the client and make compromise more difficult. This viewpoint is usually inaccurate. The joint session and opening statements are almost always useful or at least not counterproductive. In addition to disclosing each sides position the joint session has the follow- ing advantages It identifies the issues that are in dis- pute and those that are undisputed. It allows clients to hear the other sides position for themselves. While they will not likely agree with what they hear the opponents posi- tion will be confirmed in the mind of the client. This helps underscore the uncertainty of litigation which must be acknowledged in order for the client to make meaningful compro- mises. It can encourage parties to ventilate and begin the process of emotional runoff which will hopefully translate into a willingness to compromise. Listening to the opponents position statement introduces the client to the reality of a contested adversarial pro- ceeding and provides a preview of the trial. G. The Opening Statement Commu- nicate with the Opposing Party Even experienced attorneys frequently overlook the fact that the most important audience in mediation is the opposing party or decision maker not the mediator or opposing attorney. In the joint session skilled counsel know to address their opening remarks to the opposing party or its representative. This aspect of mediation is one of the few occasions in which an attorney may ethically speak directly to the opposing attorneys client. If the lawyer can connect with the person who will be making settlement decisions on behalf of the opposing party a significant psycho- logical breakthrough can be achieved. The opening presentation directed to the opposing party should include eye contact. It is best presented in a conversa- tional tone without demonstrable hostility or threatening body language. An acknowledgment that the lawyer and his client understand and respect the oppo- nents position and an expressed desire to settle can go a long way toward breaking the ice. In addition to speaking directly to the opposing party the opening position state- ment may also include the use of exhibits videos or charts. Power point presentations can be effective adjuncts to the opening statement. In mediation there are no rules of evidence so the lawyer is not con- strained by procedural rules only the lim- its of his own creativity and the attention span of the audience. Rather than using adversarial phrases such as We will prove and The jury will find in our favor consider moderating the Tips For Effective Mediation - Making An Offer They Cant Refuse The Mississippi Lawyer Spring 2015 25 tone with phrases such as We believe the jury is likely to conclude . . . If it is nec- essary to make stronger statements explain your reluctance to use harsh lan- guage before asserting your claim. Consider telling the other side that you do not wish to be inflammatory but the medi- ator has requested candor in your opening statement. Then downplay the argument by tactfully reminding the other side of your position but stating that you will save it for trial Were not here to talk about Mr. Smiths past history because we dont think it will be helpful in resolving the case. However if we try the case it is something that the jury will have to hear about. H. Its a Matter of Principle Often parties make remarks such as Im not here to gouge the other side. Or This is not about the money its a matter of principle. Although statements of this nature may sound sincere they are not always helpful. H.L. Mencken once remarked When you hear someone say its not about the money its about the money The same principle applies in mediation. I. Dont Ignore Past Negotiations If settlement negotiations have previ- ously taken place it is difficult to credibly increase the Plaintiffs demand reduce the Defendants offer or attempt to return to an earlier position. Informal discussions between counsel in which evaluation fig- ures are casually mentioned can often erroneously influence a partys view of the other sides position. Even if new informa- tion has come to light which might justify a change in your position such a strategy often inflames the opposing party and rarely aids the mediator. If it becomes apparent that your pre-mediation negotiat- ing position must be changed it is wise to notify the opposing party in advance of the mediation in order to avoid surprise or overreaction. J. Acknowledge the Weaknesses in Your Case Mediation is a process which requires a candid self-examination of the clients case. Mediators will frequently demand that counsel admit those weaknesses in the presence of the client. Credibility may be lost if weaknesses are not acknowledged at least in the private sessions with the mediator. When the client hears the attor- ney acknowledge a weakness it often vic- ariously allows the client to acknowledge it as well. Often attorneys are reluctant to admit weaknesses while the client is pres- ent. Instead they may stretch for arguments to support less tenable positions or attempt to avoid the issue entirely. Experienced mediators however will be able to smoke out such bluffing and evasive answers. K. Substantiate Your Position to the Opposing Party Often lawyers assume prior to media- tion that the facts of the case are clear or that the evidence is undisputed. This is a mistake that can be avoided. In advance of the mediation be sure you have all of the evidence necessary to establish your claims or defenses. Evaluate the strength of the evidence on each element for credi- bility reliability and accuracy. Then be sure the opposing party is provided with documentation supporting your position. It is fundamental to any negotiation that the opposing party must have all the informa- tion necessary to understand and evaluate your position. Too often attorneys wait until the mediation is imminent to provide supporting materials to the opposing party. In personal injury cases medical expens- es hospital records economic reports and life care plans are of no value if they have not been provided to the other party suffi- ciently in advance for review by those who will make the ultimate decision on settle- ment. Anticipate challenges to the accuracy of your evidence by the opposing party and bolster your case if necessary in advance of mediation. This will help pre- vent the other side from arguing that facts which are actually established or irrefutable are in dispute a common medi- ation technique. GETTING PARTIES TO SAY YES Because the mediator is neutral and has no interest in the ultimate outcome of the case he lacks the authority to force one party or the other to settle the case if it is not believed to be in that partys best inter- ests. Likewise arm twisting threats and intimidation by the mediator ring hollow because the mediator is without any adju- dicatory authority over the case. He cannot admit or exclude evidence compel discov- ery or grant summary judgment. Thus it is the mediators effective use of the media- tion process which most often brings the parties to agreement on terms which are mutually acceptable. Some of the methods and techniques which have proven successful in changing attitudes and reassessing expectations Reversal of Roles Sometimes the mediator will ask the lawyers to exchange roles in the case and make the other lawyers best argument. Follow up questions such as If you were representing the other side how Tips For Effective Mediation - Making An Offer They Cant Refuse Continued on next page James D. Harper J.D. M.A. Conflict Resolution and Reconciliation Mediator and Conflict Resolution Consultant Mediating all types of disputes or cases including personal injury commercial healthcare malpractice family and divorce corporate organizational administrative and employment. 662-234-0320 It is fundamental to any negotiation that the opposing party must have all the information necessary to understand and evaluate your position. 26 Spring 2015 The Mississippi Lawyer would your evaluation change and If you were representing the other side how would you evaluate your witnesses can bring about a relax- ation of the partys viewpoint. Correct Misunderstood Facts and Law If a partys evaluation of the case is clearly based on a misappre- hension of a material fact or the applicable law the mediator can often break a logjam by diplomatical- ly clearing up the misperception in a balanced and inoffensive manner. Best Case ScenarioWorse Case Scenario Asking each side to articulate their best scenario and their worse case scenario often permits the litigants to see more clearly the wide range of potential outcomes by illus- trating the best and worst that may happen if the mediation falls through. This approach can also add perspec- tive to the other partys last offer. Take aTime Out Sometimes hav- ing the parties take a break from mediation in the same room can break the tension that often builds up in negotiations. The mediator may encourage conversation on some topic other than the case. After a day of mediation talking about sports or grandchildren can relax the partici- pants and sooth emotions. Confidential Disclosure of Bottom Line If both parties will agree this procedure can at least inform the mediator as to whether a gap between the respective negotiating positions can be closed. This approach normal- ly should only be employed later in the negotiation process. With the agreement of both parties each side confidentially discloses their bottom line settlement figure to the mediator. If the figures coincide there is a set- tlement. If they overlap the parties agree in advance that the case will be settled at the mid-point between the overlapping figures. If the figures do not coincide or overlap they remain confidential and the parties remain at their prior negotiating positions. The obvious drawbacks to this approach are that it depends on the willingness of the parties to divulge their true bottom line figures to the mediator and on the integrity of the mediator in maintaining the confidentiality of this information. Bracketing Impasse can some- times be broken through the tech- nique of bracketing. In this approach a party may send a message to the other side through the mediator such as We will move to X if you will move to Y. There are risks in employing this technique. For exam- ple if the opponents response is sim- ply to decline the invitation without more the offering party has revealed a willingness to move to X and gained neither a counteroffer nor any meaningful information about the opponents next move. Parties are often reluctant to agree to the condi- tions of a bracketed offer. Usually the best that can be hoped for is a response such as We wont move to X but if you will move to A we will come to B. Attrition The mediation process can continue for long hours and sometimes this promotes resolution. The parties can be vulnerable to men- tal and emotional fatigue. Occasionally a partys strategy may simply be to wear down the other sides resolve. Although the fatigue factor can sometimes result in agree- ment the mediator must be careful to insure that any final agreement is entered into with the full knowledge and understanding of the parties. CONCLUSION When an agreement is reached through mediation the parties feel a sense of relief on one hand and a degree of satisfaction on the other. This is because they have active- ly participated in crafting the solution to their dispute. Even if a party has some mis- givings this feeling usually evaporates over time resulting in overall satisfaction with the process. Because there are no los- ers in mediation no stigma is created because the parties crafted their own agreement with the assistance of the medi- ator. I Tips For Effective Mediation - Making An Offer They Cant Refuse The Mississippi Lawyer Spring 2015 27 2015 Membership Directories of The Mississippi Bar have been mailed to all ac ve members of The Mississippi Bar Addi onal copies are available for 20 each plus shipping and handling. Order yours online today at httptinyurl.com2015MBMD Or go to website and click on For Members Publica ons Membership Directory Order Form Senate Recognizes Senator Briggs Hopson as New Mississippi Bar Incoming President-ElectSen. Briggs Hopson thanks his Senate colleagues for the Resolution recognizing his election as President-Elect of The Mississippi Bar. Pictured L to R Senators Derrick Simmons Sally Doty Sean Tindell Lt. Governor Tate Reeves Hopson Dr. Briggs Hopson and Brice Wiggins. Pictured L to R Senators Joey Fillingane Michael Watson Angela Turner MS Bar Executive Director Larry Houchins Briggs Hopson MS Bar President Elect Roy Campbell III Brice Wiggins Sally Doty Derrick Simmons Gray Tollison and Will Longwitz. President-Elect Designee Briggs Hopson III with his family. Pictured L to R sister Kathy Ricks daughter Jane Hopson wife Ali Hopson Hopson sister Karen Hall and parents Pat and Dr. Briggs Hopson 28 Spring 2015 The Mississippi Lawyer The Mississippi Lawyer Spring 2015 29 Talking to The Jury Opening Statements and Closing Arguments If you bore the jury in your Opening Statement you may lose them for the rest of the trial. Lawyers young and old seem to make the same mistakes most of which are preventable. This article will outline some tips and techniques to help you and your client win the case with your Opening Statement. Most trial lawyers agree that opening statements often make the difference in the outcome of a case. Studies have shown that jury verdicts are in the substantial majority of cases consistent with the ini- tial impressions made by the jury during the opening statements. As in life general- ly the psychological phenomenon of pri- macy applies and the initial impressions become lasting impressions. Accordingly make sure your case gets off on the right footing. This can be achieved only when you forcefully deliver a logical opening statement that clearly establishes your themes and demonstrates the facts.1 1. Themes and the First Minute The beginning of your opening is a chance to set the stage for what is to come at trial. To do this your case should have a theme. Your theme can be as simple as profits over people in a product liability case or the good the bad and the ugly in a car wreck where your client may be par- tially at fault. A strong theme will be bol- stered by witness testimony and will be repeated in closing. The first minute or two of your opening statement should communicate your theme. Themes are the psychological anchors that jurors instinctively create to distill and summarize what the case is all about. Thats because information during a trial becomes complicated and overwhelming and themes become the essential tool jurors use to reduce a large amount of information and summarize their attitudes about that information in easily remem- bered words or phrases.2 Themes help jurors summarize information and can be adopted by favorable jurors during delib- erations. Since lawyers are not allowed to sit with jurors during deliberations what is more powerful than having jurors arguing your case for you To do this favorable jurors need a theme that ties your case together. ou never get a second chance to make a first impression. This was the well known slogan for Head and Shoulders Shampoo.The same can be said for Opening Statement. You only have a short amount of time in front of the jury to outline your case. Y By Rocky Wilkins I. How To Win With Your Opening Statement Continued on next page 30 Spring 2015 The Mississippi Lawyer Talking to The Jury Opening Statements and Closing Arguments Good themes are based on universal truths about people and events we learn during our lives. In a car wreck case these universal truths are known as the Rules of the Road. The Rules of the Road con- tain the law applicable to motorists on public roads such as speed limits reckless driving etc. They can be used as the basis for your opening and to prove liability. Other good sources for themes are the great works of literature religious classics such as the Bible and popular sayings that are part of our everyday speech.3 2. Storytelling Effective opening statements are usu- ally based on good storytelling. After all a trial is essentially a contest to see which sides version of a disputed event or events the jury will ultimately accept as true.4 It is tempting for young lawyers to try and show the jury why your facts are superior and the only facts they should believe. Remember like most people jurors do not respond to being bombarded with hun- dreds of pages of documents. Rather it is important to distill your case down to its key points and weave those facts into a compelling story. 3. Efficiency Humans have limited attention spans. They also have limited capacities to retain information. A recent study shows that in the last 10 years attention spans have dropped from 12 minutes to 5 minutes because of Social Media.5 Think about that for a second. You only have 5 minutes before the jury starts tuning you out. Hence your opening statement must be efficient. A good way to work on efficien- cy is to practice your opening with a 3-5 minute time limit. You will be amazed at how much irrelevant information you can get rid of by stripping your opening. Of course you will want to add more detail when you give your opening in court but if you can give an effective opening in 5 minutes you can do it in 20. 4. Do Not Overstate the Evidence It is important that you do not over- state your case. It is far more effective to under promise and over deliver the proof than vice versa. A wise lawyer once said the jury will never forgive a lawyer for lying. Hence nothing is more damaging than to overstate facts in your opening statement. The jury will remember it resent your misrepresentation and no longer trust you. In most trials there is some point of evidence that calls for the jurors to evaluate your credibility. If you have previously misled them you will not get the benefit of the doubt and your client will suffer. 5. Choose Your Labels Labels are simply the trial vocabulary you select to refer to the parties events and other important things during the trial. Labels are important because they convey attitudes and messages. There is a differ- ence between calling your party the plaintiff or my client and Mr. Smith or Bobby between calling a vehicle a car and a big black Jaguar sports car and between calling a car crash an acci- dent and a collision.6 The book Words That Work Its Not WhatYou Say Its What People Hear by Dr. Frank Luntz is a great book about language. The author has worked with many politicians and Fortune 500 companies to develop tactical use of words and phrases. In fact Dr. Luntz cre- ated the moniker death tax. Many times lawyers forget that they have the ability to control the narrative in a case. This should be done thoughtfully and match up with your theme and anticipated evidence. II. Delivering A Powerful Closing Argument John Grishams first novel A Time To Kill offered a brutal portrayal of Southern justice in a small Mississippi town. A local white defense attorney Jake Brigance defended Carl Lee Hailey an African- American who was accused of murder for avenging the rape of his nine year old daughter. In the movie version of Grishams book Matthew McConaughey played the part of Jake Brigance. McConaughey delivered a powerful clos- ing argument on behalf of the accused. Now I had a great summation all worked out... ...full of some sharp lawyering... ...but Im not doing it. Im here to apologize. I am young and I am inexperienced. But you cannot... ...hold Carl Lee Hailey responsible... ...for my shortcom- ings. In all this legal maneuvering... ...something got lost. That some- thing is the truth. It is incumbent upon us lawyers... ...not to just talk about the truth... ...but to actually seek it... find it to live it. . What in us seeks truth Our minds... ...or is it our hearts I tried to prove blacks could get a fair trial in the South... ...that we are all equal in the eyes of the law. Thats not the truth. The eyes of the law are human eyes... ...yours and mine and until we can see each other as equals... ...justice is never going to be even- handed. It will only be a reflection of our own prejudices. So until that day... ...we have a duty under God to seek the truth... ...not with our minds... ...where fear and hate turn commonality into prejudice... ...but with our hearts.... I want to tell you a story. Please close your eyes... ...while I tell it. I want you to listen to me. I want you to listen to your- selves. Go ahead. Close your eyes please. This is a story about a little girl... ...walking home from the gro- cery store one sunny afternoon. I want you to picture this girl. Suddenly a truck races up. Two men The Mississippi Lawyer Spring 2015 31 Talking to The Jury Opening Statements and Closing Arguments grab her. They drag her into a near- by field... ...and they tie her up... ...then rip off her clothes.They climb on. First one then the other... ...rap- ing her... ...shattering everything innocent and pure... ...with a vicious thrust... a fog of drunken breath and sweat. And when theyre done... they use her for target practice. So they start throwing full beer cans at her. They throw them so hard... ...that it tears the flesh all the way to her bones. Then they urinate on her. Now comes the hanging. They have a rope. They tie a noose. Imagine the noose coiling tight around her neck... ...and a sudden blinding jerk. Shes pulled into the air and her feet go kicking.... They dont find the ground... The hanging branch... ...isnt strong enough. It snaps and she falls... ...back to earth. So they pick her up... ...throw her in the back... to Foggy Creek Bridge... ...pitch her over. And she drops...down to the creek bottom. Can you see her Her raped... ...beaten... ...broken body... left to die. Can you see her I want you to picture... ...that little girl.... Now imagine shes white. The defense rests.7 Mythical attorney Jake Brigance knew several of the keys for an effective closing argument. For attorneys in the real world the following is a brief outline to help your next closing argument be a success. 1. When To Start Preparing Closing Argument Closing arguments are the final phase of a trial. So many people wait until the end of the trial to start planning what they are going to say to drive home the points of their case. This is a mistake. An effec- tive closing argument should actually begin during discovery and pre-trial preparation. For example in an automobile acci- dent case you will probably inspect the scene and the vehicles. Also although you may not yet know the theory of liability you will probably take numerous photo- graphs of each vehicle. Later on in dis- covery depositions the defense attorney can set up closing by thoroughly examin- ing the plaintiff about the severity of the impact. Q. BY DEFENSE ATTORNEY Could you describe the force of the impact Mr. Smith A. BY PLAINTIFF JOHN SMITH Oh it was so hard my body got thrown all around the car and my dentures flew out of my mouth. Q. Did the impact damage your vehi- cle A. Yes sir the whole back bumper was pushed in. Q. So would you say that your vehi- cle suffered severe damage in the wreck Continued on next page LAWYERS JUDGES ASSISTANCE PROGRAM A S S I S T A N C E I S U P P O R T I C O N F I D E N T I A L I T Y C O N T A C T U S For confidential help call the Lawyers and Judges Assistance Program at 1.800.593.9777 You can also visit our website Lawyers Assistance Program link on The Mississippi Bar website 32 Spring 2015 The Mississippi Lawyer A. Yes sir. Q. And you are sure that the impact was hard and that your vehicle was severely damaged A. Yes I am positive about that. Now the plaintiff is locked down about the force of the impact and the damage to his vehicle. During pre-trial preparation the defense attorney can decide which photo- graphs of the vehicle to use to show the jury that the impact was not as severe as the plaintiff now claims. At trial the defense attorney can walk the plaintiff through the above testimony making sure to stress that the impact was very hard and verify that that is why the plaintiff is hurt. The defense attorney should also admit into evidence the original color photo- graphs of the severely damaged vehicle. When the time comes for closing argu- ment defense counsel should use enlarged color blow ups of the photographs to show the minimal damage. This will effectively convey the message that the plaintiff is exaggerating his injuries. 2. Jury Instructions Jury instructions can be intimidating at first both to the attorneys and to the jurors. Attorneys should not be intimidat- ed because there are numerous books with pattern jury instructions to use as a model for almost any type of case.8 However it is important to make sure that the jury instructions in your model book are cor- rect because practitioners have found that they are sometimes wrong Also a great deal of research has been conducted regarding the psychology of jurors regarding jury instructions. The basic findings of the social science behind jury instructions have concluded the fol- lowing a. Use common words no legalese whenever possible. b. Use simple sentences avoid sub- ordinate clauses. c. Avoid double negatives. d. Avoid abstract instructions tailor instructions to the case. e. Avoid unnecessary instructions9 Using these guidelines will help you draft better jury instructions which in turn will allow you to connect the instructions with your closing argument. 3. The Keys To An Effective Closing Argument Every attorney will develop their own style in trial and in closing argument. However most effective closing argu- ments have several basic characteristics. The beginning of your closing argument should communicate three things your theme why the jury should find in your favor and your enthusiasm about your case. Another often overlooked key to effective closing argument is to resist the temptation of simply summarizing all the evidence. There will always be portions of the trial that you will want to highlight for the jury. However jurors are more likely to find in your favor when they feel like they are not being told the answer or given a slanted version of the testimony. Rather jurors like to believe that they have looked at the evidence and come to the fairest conclusion. 4. Broad Latitude Is Allowed In Closing Argument Attorneys are afforded broad latitude in closing argument. The seminal case in Mississippi on the boundaries of closing argument is Nelms Blum Co. v. Fink 131 So. 817 820-21 Miss. 1930. Counsel necessarily has and must have to serve his function and office a wide field of discretion. He may comment upon any facts intro- duced in evidence. He may draw whatever deductions seem to him proper from these facts so long as he does not use violent and abusive language and even in many cases invectives may be justified and even called for.... Counsel is not required to be logical in argument he is not required to draw sound conclusions or to have a perfect argument meas- ured by logical and rhetorical rules his function is to draw conclusions and inference from evidence on behalf of his client in whatever way he deems proper so long as he does not become abusive and go outside the confines of the record.... Counsel may draw upon literature history science religion and phi- losophy for material for his argu- ment. He may navigate all rivers of modern literature or sail the seas of ancient learning he may explore all the shores of thought and experi- ence.... However the Court in Nelms Blum Co. went on to say that the sky was not the limit during closing argument. He cannot however state facts which are not in evidence and which the court does not judicially know in aid of his evi- dence. Neither can he appeal to the preju- dices of men by injecting prejudices not contained in some source of the evidence. Thus attorneys should feel free to be col- orful and use analogies from areas other than law. But they should tie those refer- ences to the facts of the case at hand. Talking to The Jury Opening Statements and Closing Arguments Peacemaker Mediation Arbitration LLC An attorney for forty years. Former Navy JAG J.D. With Distinction top 10 of class law review published. Ready to fill all your mediation arbitration and hearing officer needs. No charge for travel time. Weekend dates available. See Preston Bo Rideout The Mississippi Lawyer Spring 2015 33 5. The Golden Rule Argument Is Improper It is tempting to ask the jury to put themselves in the shoes of a victim and award the same compensation that they would want if they were the injured plain- tiff. This is called the Golden Rule argu- ment. However it is improper for counsel to argue that the jury should place itself in the position of one of the parties or in a criminal case in the position of the vic- tim.10 The Mississippi Supreme Court artic- ulated the rule in Copiah Dairies Inc. v. Addkison 153 So.2d 689 694 Miss. 1963. Apparently this Court has not passed upon the Golden Rule argument. Attorneys have always been allowed considerable latitude in arguing to the jury so long as the argument does not exceed proper bounds.... It is a fundamental tenet of our system that a man may not judge his won case for experience teaches that men are usually not impartial and fair when self-interest is involved. Therefore it is improper to permit an attorney to tell the jury to put themselves in the shoes of one of the parties or to apply the Golden Rule. Attorneys should not tell the jury in effect that the law authorizes it to depart from neutrality and to make its determina- tion from the point of view of bias or personal interest. We hold it was not error to sustain the objection to the argument. Thus an attorney should not use the do unto others as you would have them do unto you argument during closing. 6. Telling A Story In Closing Argument Great closing arguments often weave the theme of the case into a story. For example an attorney who wanted to stress the fact that his client only gets one day in court and that the jury should award the maximum amount of damages told this story. The Phone Call. Why is your decision so important Why is it so significant I want you to imagine that 15 years from now that I get a phone call from my client. He calls me and says The verdict is not enough. Im having medical problems and theres no money for it. I need some more money. Get that jury back together they didnt consider this and tell them they didnt give me enough. It isnt fair. I want my leg. And Ill have to tell him We cant get them together. Their decision is final. Thats it. Its binding. What you have is what you got. So he hangs up the phone and calls the judge in the case. The judge will have to tell him Im sorry. I told them to be fair and that their verdict is final. That their decision would have to last your whole life. So he calls the defense attorney. And the defense attorney tells him Ill tell you just like I did in court. Its too bad you got hurt but its your fault. Then the defense attorney hangs up on him. Your verdict is final and has to stand the test of time.11 This is a great way to highlight the finali- ty of the jurys decision. Obviously this is a stripped down version you should add your own details to make it more dramatic and fit your style. I ______ 1 Mauet Trial Techniques 4th Ed. p. 43. 2 Mauet Trial Techniques 4th Ed. p. 44. 3 Mauet Trial Techniques 4th Ed. p. 43. 4 Mauet Trial Techniques 4th Ed. p. 45. 5 httpwww.adweek.corrilsocialtimesattention- spans-have-dropped-from-12-minutes-to-5-sec- onds-how-social-media-is-ruining-our-minds- infographic87484redst 6 Mauet Trial Techniques 4th Ed. p. 49. 7 See httpwww.script-o-rama.commovie_scripts ttime-to-kill-script-transcript.html Last checked May 15 2013. 8 See Mississippi Model Jury Instructions. 9 Mauet Trial Techniques 4th Ed. p. 363. 10 10Corlew The Mississippi Jury Law and Practice 187 p. 260. 11 This Closing Argument was presented by attorney Peter Law Esq. at the Southern Trial Lawyers Fall Conference. See httpwww.sctriallaw.comtrial- techniques-great-closing-argument-to-show-that- client-only-gets-one-trial.htmlLast Talking to The Jury Opening Statements and Closing Arguments 34 Spring 2015 The Mississippi Lawyer MCLaw FOURTH ANNUAL MARY LIBBY PAYNE LECTURE ON CHRISTIANITY AND THE LAW Friday September 25 2015 1200 Noon Mississippi College School of Law - Jackson MS Student Center Auditorium Distinguished Lecturer Professor Bill Brewbaker William Alfred Rose Professor of Law University of Alabama School of Law Topic The Christian Judge Sir Matthew Hale and The Fear of the Lord About Professor Brewbaker A former practitioner with the law firm of Bradley Arant Rose White and with Wallace Jordan Ratliff Byers and Brandt Professor Brewbaker did graduate work in health care law at Duke University. He has served as interim dean and regularly teaches in Health Care Law Property and Christian Legal Thought and his current research interests include theological perspectives on law. He is co-editor with Mark Hall of two books in Aspens Health Care Corporate Law series. History of the Mary Libby Payne Endowed Lectureship on Christianity and the Law Mary Libby Payne served not only as the first Dean of Mississippi College School of Law but she was also elected as one of the first members of the Mississippi Court of Appeals and was a long time member of the faculty of the law school. She established the Christian Legal Society chapter at the law school. In late 2011 a hundred or so of Judge Paynes friends colleagues and former students helped to establish the Mary Libby Payne EndowedLectureshiponChristianityandtheLawdedicatedtocelebrating her lifelong commitment to modeling the integration of faith with legal ethics and professionalism. To date over 90000 has been raised toward the 100000 goal to fully endow the Lectureship. The Mississippi Lawyer Spring 2015 35 Disbarments Suspensions and Irrevo- cable Resignations Paul E. Winfield of Vicksburg Missis- sippi The Supreme Court of Mississippi Disbarred Mr. Winfield in Cause No. 2013-BD-02079 based upon his guilty plea to the felony of Bribery Concerning Pro- grams Receiving Federal Funds in viola- tion of 18 U.S.C. Section 666 a1B. Mr. Winfield is ineligible to apply for rein- statement to the practice of law. Harvey Curtis Crowley of Madison Mississippi A Complaint Tribunal Disbarred Mr. Crowley for violations of Rules 1.15 a and b and 8.4 a c and d MRPC in Cause No. 2013-B-1688. Mr. Crowley represented two clients in a personal injury case that was referred to him by another attorney for which he and the referring attorney had agreed to share attorney fees. The case settled with the defendants agreeing to pay the medical liens for both clients prior to issuing a check for the remaining portion of each settlement. In both instances the checks were made out to Mr. Crowley and his client and in each case Mr. Crowley deposited the funds into his Lawyer Trust Account without the clients endorsement. Mr. Crowley issued a check to the refer- ring attorney in one case but not the other. Mr. Crowley also did not distribute the funds due to each client in a timely man- ner holding the funds for an extended period of time and allowing the balance on his Lawyer Trust Account to dip below the amounts he was holding on behalf of his clients. Bank statements from that time period show that Mr. Crowley who had sole authority to withdraw funds from his Lawyer Trust Account made sixty-seven 67 transfers from his Lawyer Trust Account to his firms operating account. In all Mr. Crowley converted 161000 in funds that were intended for the benefit of the two clients and the associating attor- ney. While the funds were eventually paid to the clients the remaining attorneys fees due to the associating attorney remain unpaid. Mr. Crowley also failed to keep trust account records. Rule 1.15a MRPC requires attorneys to safekeep client property from their own and to maintain complete trust account records for a period of seven 7 years. Rule 1.15b MRPC requires attorneys to promptly deliver funds held in his or her Lawyer Trust Account to the client or third party for whom the funds are being held. Rule 8.4 a c and d MRPC states that it is professional misconduct to violate the rules of professional conduct or to engage in conduct that is dishonest or prejudicial to the administration of justice. Tadd Parsons of Wiggins Mississippi A Complaint Tribunal Disbarred Mr. Parsons for violations of Rules 1.2a 1.2d 1.3 1.4 8.1b 8.4a 8.4b 8.4c and 8.4d MRPC in Cause No. 2014-B-1122. The office of General Counsel filed a Bar complaint against Mr. Parsons based on information received from a lawyer who represented two of Mr. Parsons former clients. According to the information Mr. Parsons sued a third party defendant fol- lowing a workers comp case but failed to prosecute the claim after the clients work- ers comp case settled. Any settlement the clients would have received would have first been used to offset the workers comp settlement. Mr. Parsons failed to advise the clients their case had been dismissed for lack of prosecution. Approximately 30 months following the dismissal Mr. Parsons represented to his clients that the defendants had offered to settle the cases for approximately 55000 net to the clients. This representation was a fabrica- tion. When the clients pressed him about the settlements he had one of his agents advise them that there was in fact no set- tlement offer. The agent requested the clients to allow Mr. Parsons to pay them 50000 from Mr. Parsons own funds. The agent further advised the clients not to tell the workers comp carrier about the pro- posed settlement with Mr. Parsons law firm to avoid having the funds offset the workers comp settlement. In essence Mr. Parsons requested his clients to engage in insurance fraud. Mr. Parsons failed to respond to the Bar complaint. Further he failed to answer the Formal Complaint. The Complaint Tribunal entered a Default Judgment against Mr. Parsons and dis- barred him. Mr. Parsons had previously been disbarred by a Complaint Tribunal in July 2014 in an unrelated matter. Robert Bryan Ogletree of Brandon Mississippi The Supreme Court of Mis- sissippi affirmed a Complaint Tribu- nals decision to impose a 6 month sus- pension for violations of Rules 1.15a and Rule 8.4 a and d MRPC in Cause No. 2013-TS-1276. A client hired Mr. Ogletree to represent him in a child support modification. Mr. Ogletree requested a 1000 retainer and received 400 from the client as partial payment. Mr. Ogletree did not deposit these funds into his Lawyer Trust Account but instead into his general operating account. The client subsequently terminat- ed Mr. Ogletrees representation at which time Mr. Ogletree wrote the client a 400 check from one of his trust accounts in an effort to refund the client his money. The check was returned for insufficient funds. Mr. Ogletree then refunded the client 440 in cash. After the filing of a Bar Complaint the Committee on Professional Responsibility directed a Formal Complaint be filed. During discovery it was determined that Mr. Ogletrees trust accounts were over- drawn andor checks were returned for insufficient funds on fourteen 14 occa- sions and that Mr. Ogletree had paid busi- ness or personal expenses out of his trust account on five 5 occasions. At trial the Complaint Tribunal imposed a six month suspension which was subsequently up- held by the Supreme Court. Rule 1.15a MRPC requires attorneys to safekeep client property from their own and to maintain complete trust account records for a period of seven 7 years. Rule 8.4 a and d MRPC states that it is professional misconduct to violate the rules of professional conduct or to engage in conduct that is prejudicial to the admin- istration of justice. Eugene T. Holmes of Cumming Geor- gia The Supreme Court of Mississippi accepted Mr. Holmes Irrevocable Resig- nation based upon his voluntary surrender of his license before the Supreme Court of Georgia in Cause No. 2014-BD-1221. Jason T. Zebert of Pearl Mississippi A Complaint Tribunal accepted Mr. Zeberts Irrevocable Resignation in Cause No. 2013-B-102. Final Disciplinary Actions Continued on next page 36 Spring 2015 The Mississippi Lawyer Thomas E. Robertson of CotullaTexas A Complaint Tribunal accepted Mr. Robertsons Irrevocable Resignation in Cause No. 2014-B-1360. Public Reprimands Ivon Johnson of Jackson Mississippi A Complaint Tribunal imposed a Public Reprimand on Ivon Johnson for viola- tions of Rules 1.2 1.3 1.4 1.16 8.1b and 8.4a and d MRPC in Cause No. 2014-B-1384. A client filed a Bar Complaint against Mr. Johnson alleging that she had given Mr. Johnson all of the information she had regarding two possible law suits with the understanding that he would return the original documents to her two weeks later. Mr. Johnson failed to return the docu- ments. The client also alleged Mr. Johnson failed to reasonably communicate the sta- tus of her case and advised her that he had filed a complaint with the courts on her behalf when he had not actually done so. The Bar sent Mr. Johnson a copy of the Bar complaint and a letter requesting he file a response to the allegations contained in in the Bar Complaint. Mr. Johnson failed to file a timely response. The Bar then sent Mr. Johnson a demand letter dated June 4 2013. When Mr. Johnson failed or refused to accede to this demand the Bar sent a third demand for a response dated July 18 2013. When the Bar failed to receive Mr. Johnsons response follow- ing the third demand letter the Bar con- tacted Mr. Johnson by telephone. Follow- ing the telephone conversation the Bar sent Mr. Johnson a fourth demand letter confirming that Mr. Johnson understood a response was due. Notwithstanding Mr. Johnson failed to respond to the Bar com- plaint. Accordingly Mr. Johnson know- ingly failed or refused to respond to a law- ful demand for information from a disci- plinary authority. Pursuant to Rule 3b the Bar is a designated disciplinary agent of the Supreme Court of Mississippi. The Committee on Professional Responsibility then directed the Office of General Coun- sel to conduct an investigation of the mat- ter. A notice of the investigatory hearing was sent to Mr. Johnson but he failed or refused to appear. The Bar filed a Formal Complaint against Mr. Johnson on September 29 2014. Mr. Johnson was personally served with the Formal Complaint and a Summons on October 7 2014. Mr. Johnson failed to file an answer motion or other pleading in response to the Formal Complaint. The Clerk of the Supreme Court of Missis- sippi entered default against Mr. Johnson pursuant to Rule 55a of the Missis- sippi Rules of Civil Procedure on Novem- ber 25 2014. The Bar filed its Motion for Default Judgment on the same day. Mr. Johnson did not respond to the Motion for Default Judgment. The Complaint Tribu- nal deemed the allegations of the Formal Complaint admitted by virtue of Mr. Johnsons failure to answer or otherwise defend. Rule 1.2 MRPC requires attorneys to abide by a clients decisions concerning the objectives of the representation. Rule 1.3 MRPC requires an attorney to act with reasonable diligence and promptness in representing a client. Rule 1.4 MRPC requires an attorney to keep a client rea- sonably informed about the status of the matter to promptly comply with reason- able requests for information and to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the objec- tives of the representation. Rule 1.16 MRPC requires an attorney when with- drawing from a case to return papers and property to which the client is entitled. Rule 8.4 a and d MRPC states that it is professional misconduct to violate the rules of professional conduct or to engage in conduct that is prejudicial to the admin- istration of justice. Rule 8.1b MRPC states that a lawyer in connection with a disciplinary matter shall not fail to respond to a lawful demand for information from a disciplinary authority. In this case Mr. Johnson failed to respond to the Bar Complaint despite proper notice and four 4 demand letters. Likewise Mr. Johnson failed to appear at a properly noticed Investigatory Hearing directed to take place by the Committee on Profes- sional Responsibility. Matthew D. Ross of Jackson Missis- sippi The Committee on Professional Responsibility issued a Public Repri- mand for violations of Rules 1.4 8.1b and 8.4a and d MRPC in Docket No. 13-367-2. A client hired Mr. Ross to handle a domes- tic relations matter on her behalf. The client alleged she had been unable to con- tact Mr. Ross for the four month period preceding the filing of the Bar complaint. She further alleged that Mr. Ross had cer- tain documents that he should have returned. Mr. Ross responded to the Bar complaint generally denying the commu- nications issues raised by the client and stating that he had hand delivered docu- ments to the client. The Bar requested Mr. Ross to supplement his answer to specify what documents he had delivered. Mr. Ross either failed or refused to sup- plement his response. The Committee on Professional Responsibility directed the Bar to conduct an investigatory hearing. Mr. Ross either failed or refused to appear at the duly noticed investigatory hearing. John H. Anderson of Hattiesburg Mis- sissippi The Committee on Professional Responsibility imposed a Public Repri- mand in Docket No. 13-377-2 for a viola- tion of Rule 1.8a MRPC. During Mr. Andersons representation of a client in a wrongful death claim Mr. Anderson solicited a 64118.50 personal loan from the client. Mr. Anderson expressed that he needed the funds imme- diately and the client lent Mr. Anderson the money as requested. Mr. Anderson did execute a promissory note however Mr. Anderson failed to give the client a rea- sonable opportunity to seek the advice of independent counsel and failed to have client consent to the terms and conditions on the loan in writing. Mr. Anderson failed to repay the loan according to the term in the promissory note but did eventually repay the loan. Rule 1.8a MRPC provides that a lawyer shall not enter into a business transaction with a client or knowingly acquire an own- ership possessory security or pecuniary interest adverse to a client unless 1 the transaction and terms on which the lawyer acquires the interests are fair and reason- able to the client and are fully disclosed and transmitted in writing to the client in a manner which can be reasonably under- stood by the client 2 the client is given a reasonable opportunity to seek the advice of independent counsel in the transaction and 3 the client consents in writing. Mr. Anderson failed to make it clear to the Final Disciplinary Actions The Mississippi Lawyer Spring 2015 37 client that she should seek independent legal advice about the transaction and failed to obtain the clients consent in writ- ing to the terms and conditions of the loan. Mr. Anderson then failed to repay the loan according to the term of the promissory note. The loan was of such a type that the parties interests immediately became adverse to one another. Essentially the attorney-client relationship became a debtor-creditor relationship. Mr. Ander- sons actions violate Rule 1.8a MRPC. L. Abraham Rowe of Jackson Missis- sippi The Committee on Professional Responsibility imposed a Public Repri- mand in Docket No. 13-203-1 for viola- tions of Rules 1.2a 1.3 1.4a and 1.16a2 MRPC. A client filed a Bar Complaint against Mr. Rowe alleging a lack of communication and that his landlordtenant case had been dismissed for want of prosecution. While the client often received a response from Mr. Rowe to his emails and text messages the responses did not indicate the true sta- tus of the case. At one point Mr. Rowe incorrectly informed the client of a trial date that had not actually been set. Mr. Rowe admitted that he had neglected the clients case and that he had not been truthful when informing the client of a trial date that he knew did not exist. Mr. Rowe asserted that a family matter had impacted his ability to pursue the case as a defense. After the dismissal for want of prosecution Mr. Rowe sought permission from the client to pursue reinstatement of his landlordtenant action. The client unequivocally stated that he did not want Mr. Rowe working on his case any further and directed Mr. Rowe to not pursue the case. Despite a clear directive from his client to take no further action Mr. Rowe subsequently filed a motion to reinstate the civil case. Rule 1.2a MRPC states that a lawyer shall abide by a clients decisions concern- ing the objectives of the representation and shall consult with the client as to the means by which they will be pursued. Rule 1.3 MRPC requires a lawyer to act with reasonable diligence and promptness in representing a client. Rule 1.4a MPRC requires a lawyer to keep a client reasonably informed about the status of a matter and to promptly comply with requests for information. Rule 1.16a2 MRPC states that a lawyer shall withdraw from representing a client if the lawyers physical or mental condition materially impairs the lawyers ability to represent the client. Gerald D. Garner of Raleigh Missis- sippi The Committee on Professional Responsibility imposed a Public Repri- mand against Mr. Garner in Docket No. 13-291-2 for violations of Rules 1.9 and 8.4a MRPC. A former client filed a Bar complaint against Mr. Garner alleging Mr. Garner had a conflict of interest because Mr. Garner had previously represented him in a divorce from his now former spouse. The divorce case also included custody issues involving the former clients son from that marriage. Prior to the divorce the former clients parents became legal guardians for the former clients child. Mr. Garner drafted the guardianship docu- ments and represented the former client in the divorce. Later the former client met with Mr. Garner in August 2013 and ten- dered a 300.00 check for a retainer to represent him in filing a petition to termi- nate the former clients former spouses parental rights. During the meeting the former client alleges that he gave Mr. Garner confidential information about the case. Mr. Garner drafted a joint petition signed by the former client and his parents to terminate the parental rights of the for- mer clients former spouse but declined to file it after it was determined that the for- mer spouse opposed it. As a result the former client hired anoth- er attorney to file an action designed to terminate the rights of the childs mother. The petition filed by the former clients new attorney included the former clients parents as respondents. The petition did not request any relief against the former clients parents. Mr. Garner represented the former clients parents in that case over the objections of the former client who alleged a conflict of interest. The former clients parents through Mr. Garner opposed the petition and also filed a coun- terclaim for child support and visitation against the former client their son. Mr. Garner eventually withdrew from the case. Prior to the withdrawal the former clients new lawyer advised Mr. Garner that he had a conflict and asked him to voluntarily withdraw. The former client refused Mr. Garners request to waive the alleged conflict even though Mr. Garner did not believe such a conflict existed. When Mr. Garner either failed or refused to withdraw the former client filed a motion to disqualify. Prior to the hearing on the motion to disqualify Mr. Garner as counsel for the former clients parents withdrew from the case citing reasons other than a conflict of interest for doing so. Rule 1.9a MRPC provides that a lawyer who has formerly represented a client in a matter shall not thereafter represent anoth- er in the same or a substantially related matter in which that persons interests are materially adverse to the interests of the former client unless the former client con- sents after consultation. In this case Mr. Garner had previously represented the former client in his divorce and had represented the former client and his parents to establish the guardianship whereby the former clients parents became guardians of the former clients minor child. In order to determine whether Mr. Garner violated Rule 1.9a MRPC one must first determine if the petition to terminate the parental rights of of the former clients former spouse is the same or substantially related to either the divorce case or the establishment of the guardianship for the minor child. Second- ly if the matter is the same or substantial- ly related one must determine whether the interests of the former clients parents in the petition to terminate parental rights are materially adverse to the former clients interests. If the matter is the same or sub- stantially similar and the interests of the former clients parents and the former client are materially adverse the only way Mr. Garner could have represented the for- mer clients parents would have been to obtain the former clients consent to do so. The petition to terminate the parental rights of the childs mother is substantially related to both the divorce and the estab- lishment of the guardianship. The petition to terminate parental rights alleges that the mother has had no visitation or communi- Final Disciplinary Actions Continued on next page 38 Spring 2015 The Mississippi Lawyer cation with the child for a period of years and had effectively abandoned the child. The petition also referenced that the for- mer clients parents had been appointed legal guardians of the child. The divorce decree provided for visitation by the moth- er. The matters are therefore substantially related. The analysis of whether this is a violation of Rule 1.9a does not end there. In order for a violation of Rule 1.9a to occur the interests of the parties must be materially adverse. Here the interests of the parties became materially adverse when the for- mer clients parents filed their counter- claim against the former client for child support and that the former client be allowed visitation but only under the for- mer clients parents supervision. The fil- ing of the counterclaim put the former client and the former clients parents in a materially adverse position. Mr. Garners response to the Bar complaint acknowl- edges the fact that they are at odds with each other. Having found that the matter is substan- tially related and that the interests of the parties are materially adverse the only method by which Mr. Garner could have proceeded with the representation of the former clients parents to obtain his former clients consent. When the former client refused to consent Mr. Garner had a duty to immediately withdraw from the repre- sentation. Mr. Garner failed or refused to withdraw after the former clients lawyer requested him to do so informally and failed to withdraw for more than two months following the former clients motion to disqualify him as counsel for the former clients parents. Mr. Garners mo- tion to withdraw failed to acknowledge the conflict of interest under Rule 1.9a but did cite that he might have been a materi- al witness in the case. Rule 8.4a MRPC states it is profession- al misconduct to violate or attempt to vio- late the Rules of Professional Conduct. Having violated Rule 1.9a Mr. Garner likewise violated Rule 8.4a MRPC. Private Reprimands An attorney received a Private Repri- mand for a violation of Rule 8.1b MRPC in Cause No. 2013-B-1686. The attorney was the subject of a Bar Complaint alleging inter alia a lack of communication and neglect and was direc- ted to file a response. The attorney failed to do so despite three demand letters. As a result the Committee on Professional Responsibility directed that a Formal Complaint be filed for possible violations of the Mississippi Rules of Professional Conduct. Through discovery it was deter- mined that there was no merit to the Bar Complaint. The attorney admitted violat- ing Rule 8.1b MPRC. Rule 8.1b MRPC states that a lawyer in connection with a disciplinary matter shall not fail to respond to a lawful demand for informa- tion from a disciplinary authority. An attorney received a Private Repri- mand for two violations of Rule 8.1b MRPC in Cause No. 2013-B-1791. The attorney was the subject of two Bar Complaints. The first Bar Complaint alleged a lack of communication and neg- lect. The Bar conducted an investigatory hearing that Mr. Perkins failed to attend. The second Bar complaint alleged a lack of communication and neglect as well as theft of client funds. The attorney failed to respond to the second Bar complaint even after requesting additional time to res- pond. As a result the Committee on Professional Responsibility directed that a Formal Complaint be filed for possible violations of the Mississippi Rules of Professional Conduct. Through discovery it was determined that there was less than clear and convincing evidence of substan- tive rule violations except for Rule 8.1b MPRC. Rule 8.1b MRPC states that a lawyer in connection with a disciplinary matter shall not fail to respond to a lawful demand for information from a discipli- nary authority. An attorney received a Private Repri- mand for a violation of Rule 1.8e MRPC in Docket No. 13-344-2. One of the attorneys clients alleged the attorney had stolen funds from a settlement and that the attorney had advanced funds to her for medical expenses associated with the treatment for the injury giving rise to the litigation. The attorney responded to the Bar complaint and demonstrated the client had received all of settlement funds due. The attorney also admitted that he had improperly advanced funds to the client by failing to report advances to the Standing Committee on Ethics for amounts that total 1500.00 in the aggre- gate and by failing to get approval for advances in excess of 1500.00 in the aggregate. Rule 1.8e provides in part that a lawyer may advance reasonable and necessary medical expenses to a client associated with treatment for the injury giving rise to the litigation or administrative proceeding for which the client seeks legal representa- tion. Such advances may be advanced for dire and necessitous circumstances and may be advanced after 60 or more days from the date the client signs a contract of representation. For payments that are less than 1500.00 in the aggregate the lawyer must advise the Standing Com- mittee on Ethics of the advance. For pay- ments that aggregate more than 1500.00 in total the lawyer must have such pay- ments approved by the Standing Commit- tee on Ethics. The Committee on Professional Responsi- bility imposed a Private Reprimand in Docket No. 13-316-2 for a violation of Rule 8.4c MRPC. The Bar received information from a District Attorney that an assistant district attorney in the office had used office let- terhead to correspond with a personal creditor. The contents of the letter misrep- resented the nature of the debt. The attor- ney claimed in the letter to be waiting on approval from the state for payment of the debt and that the delay in payment was due to bureaucratic red tape. The attorney knew this statement was false the debt was personal and delinquency was due to the attorneys personal financial situation. Rule 8.4c MRPC provides it is profes- sional misconduct for a lawyer to engage in conduct involving dishonesty fraud deceit or misrepresentation. The attorneys misrepresentation as to the nature of the debt and the reasons for its delinquency is a violation of Rule 8.4c MRPC. I Final Disciplinary Actions 39 M O N D AY J U LY 6 800 900 AM The Vanishing Art Of The Jury Trial John Corlew JACKSON Robert Johnson NATCHEZ Justice Jim Kitchens CRYSTAL SPRINGS 905 1005 AM Practice Pitfalls Legal Malpractice How Not To Ride The EO Railroad Matt Tyrone JACKSON Mike Ulmer JACKSON 1010 1110 AM Lawyer Civility In Depositions Other Trial Practice Roy Campbell JACKSON Judge David Strong MCCOMB Judge Jane Virden GREENVILLE 1115 AM 1215 PM QPRSave A Life Suicide Prevention Training For The Average Joe ETHICS HOUR Chip Glaze JACKSON T U E S D AY J U LY 7 C H O O S E YO U R S E S S I O N S 800 900 AM 1st Session of Concurrent Workshops W O R K S H O P 1 A I-9 N-400 BINGO Immigration How It May Affect Your Practice John Foxworth GULFPORT Simpson Goodman AUGUSTA GA Jeff Varas HAZLEHURST W O R K S H O P 1 B Take This Job Litigate It. Recent Developments In Employment Law Will Manuel JACKSON LaToya Merritt JACKSON Nick Norris JACKSON W O R K S H O P 1 C A Judge A DA A Defense Lawyer Walk Into A Courtroom A Criminal Law Update From Three Vantage Points Judge Lisa Dodson GULFPORT Michael Guest BRANDON Faye Peterson JACKSON W O R K S H O P 1 D Courtroom ITTrial Technology Oh Now I Understand Litigation Insight T U E S D AY J U LY 7 C O N T I N U E D 905 1005 AM 2nd Session of Concurrent Workshops Repeat of 1st Session Workshops 1010 1110 AM 3rd Session of Concurrent Workshops W O R K S H O P 3 A Family Law Recent Case Law Legislative Update Dianne Ellis MODERATOR Judge Cynthia Brewer CANTON Judge Catherine Farris-Carter SHAW Judge Neil Harris PASCAGOULA W O R K S H O P 3 B Mediations Settlement Conferences Strategy Tactics Doug Minor JACKSON W O R K S H O P 3 C Everybody Hurts Workplace Injuries Amanda Hill JACKSON Virginia LoCoco DIBERVILLE Andy Sweat JACKSON W O R K S H O P 4 C Practice Overview Mortgage Foreclosure Debt Collection Litigation Sheryl Bey JACKSON Robert Williamson BRANDON 1115 1215 PM 4th Session of Concurrent Workshops Repeat of 3rd Sessions Workshops W E D N E S D AY J U LY 8 800 900 AM Ethical Duties To Safeguard Client Information Glenda Snodgrass MOBILE AL 905 1005 AM Developments In Mississippi Law Judge Kenny Grifs JACKSON Justice Leslie King GREENVILLE Judge Larry Roberts MERIDIAN 1010 1110 AM Federal Court Motion Trial Practice Judge Sharion Aycock ABERDEEN Judge Dan Jordan JACKSON Judge Carlton Reeves JACKSON 1115 AM 1215 PM Ethics Better Not Call Saul Adam Kilgore JACKSON Missye Martin JACKSON 2015 Summer School for Lawyers Committee David Maron JACKSON CHAIR Rick Barry MERIDIAN Brandi Gatewood OCEAN SPRINGS Dan Kitchens CRYSTAL SPRINGS Will Manuel JACKSON 27TH ANNUAL SUMMER SCHOOL FOR LAWYERS Agenda at a Glance L I N K S I D E C O N F E R E N C E C E N T E R JOINTLY SPONSORED BY THE MISSISSIPPI BAR AND THE MISSISSIPPI ASSOCIATION FOR JUSTICE 40 T H E M I S S I S S I P P I B A R A N N U A L C O N V E N T I O N 2 0 1 5 Annual MeetingAgenda at a Glance W E D N E S D AY J U LY 8 2 0 1 5 1200 700 PM Lawyers Marketplace 1200 800 PM Registration Desk Open 630 800 PM Welcome Reception Visit with friends and enjoy delicious food and an open bar. SPONSORED IN PART BY BANK PLUS PHOTO BOOTH SPONSORED BY BDK LLP T H U R S D AY J U LY 9 2 0 1 5 730 AM 100 PM Registration Desk Open 745 AM Friends of Bill W. Open Meeting 800 AM 1230 PM Lawyers Marketplace 800 900 AM Breakfasts Christian Legal Society Prayer Breakfast Fellows of the Young Lawyers 830 930 AM General Assembly PRESENTED BY THE FEDERAL JUDICIARY 900 1000 AM Appellate Circuit Chancery and County Judges Conferences 930 AM 1200 PM U.S. District Court Judges Meeting 930 1030 AM Sandcastle Sand Sculpture Contest SPONSORED IN PART BY SERVICE PRINTERS 1000 1100 AM CLE Session 1000 AM 1200 PM CLE Sessions Business Law Health Law Government Law Prosecutors Gaming Law Alternative Dispute Resolution 1015 1130 AM MS Conference of Judges 1200 130 PM 17th Annual Price-Prather Luncheon 100 600 PM Golf Tournament PRIZES SPONSORED BY LEXIS-NEXIS REFRESHMENTS SPONSORED BY U.S. LEGAL FORMS 230 430 PM Bingo 430 600 PM Young Lawyers Division Board Meeting F R I D AY J U LY 1 0 2 0 100 5 715 815 AM Legal Runaround 1 Milele Fun Run andndnd 5KK RuRuRunn SPONSORED IN PART BY THE MISSISSIPPI BAR FOUNDATION 730 AM 100 PM Registration Desk Open 745 AM Friends of Bill W. Open Meeting 800 900 AM Young Lawyers Division General Assembly 800 900 AM Breakfasts Breakfast with the Federal Judges MS Chapter American Board of Trial Advocates Meeting 830 930 AM Breakfast Fifty-Year Anniversary LawyersFift Y A i L 800 1100 AM Lawyers Marketplace 830 915 AM Kite Decorating 915 1015 AM Annual Business Session 1015 1115 AM CLE Session 1015 AM 1215 PM CLE Sessions Workers Compensation Labor Employment Law Estates Trusts Taxation Family Law SONREEL Section Litigation Intellectual Property Appellate Practice Real Property 1215 130 PM Law Alumni Luncheons Mississippi College School of Law University of Mississippi Law School 200 500 PM Tennis Tournament 300 500 PM Childrens Build-A-Bear Party 600 730 PM Presidents Reception Enjoy hors doeuvres and an open bar. SPONSORED IN PART BY FOXEVERETT A HUB INTERNATIONAL COMPANY 800 1000 PM Family Beach Bash HOSTED AND SPONSORED IN PART BY THE YOUNG LAWYERS DIVISION OF THE MISSISSIPPI BAR CASH BAR S AT U R D AY J U LY 1 1 2 0 1 5 730 1000 AM Registration Desk Open 745 AM Friends of Bill W. Open Meeting 900 1100 AM Farewell Brunch Annual Award Presentations 1100 AM Check-Out Time COFFEE BARS SPONSORED BY TRUSTMARK. DOOR PRIZES SPONSORED BY REGIONS PRIVATE WEALTH MANAGEMENT. T-SHIRTS SPONSORED BY MVLP. CLARION LEDGER PROVIDED COURTESY OF THE UNIVERSITY OF MISSISSIPPI LAW SCHOOL. TiTimemmesss offof eeveve tntntss prpriinintetedd inin ttttttthhihhhihh ss brocochuhuh rerereeeee aaaaaarerer ttenenenntattat titiitiveeve and may change beforee the Annual MMeeting. M O R E I N F O R M A T I O N A T W W W . M S B A R . O R G 41 TTTTThhhee SSSSaaannnddddeessstttiinnn BBBBeeaaaccchhhh HHHHiillllttoonnn wwwiillll sseeerrvvee aass hhheaddddqquuaaartteerrss prooppertty ffor thhe 20155 AAnnuaall MMeeeetting. TThhee BBaarr has reserved a block of rooms at the hotel. Located directly on the beach inside Sandestin Beach Resort all Hilton rooms are tastefully appointed mini- suites which include wet bars small refrigerators and dining areas. Some suites in our block have separate bunk bed areas for children. The Sandestin Hilton oers your choice of luxurious accommodations on Floridas famed Emerald Coast ... each oering you a spectacular view from a private balcony. DAILY FROM 283.00 Accommodations ALL ACCOMMODATIONS ARE TO BE BOOKED DIRECTLY WITH THE SANDESTIN BEACH HILTON OR THE SANDESTIN BEACH RESORT. To ensure your accommodations at the Sandestin Hilton at the Bars group rate reservations should be made no later than Friday June 12 2015. If reserving a room at the Sandestin Hilton Call the Sandestin Beach Hilton at 1-800-367-1271 Monday Friday 800 AM 700 PM Mississippi Bar Meeting Code Bar 42 T H E M I S S I S S I P P I B A R A N N U A L C O N V E N T I O N 2 0 1 5 HOUSING REQUESTS FOR THE RESORT MUST BE RECEIVED BY FRIDAY JUNE 12 2015. V I L L A G E V I L L A G E DAILY WEEKLY Studio 194 1222 1 bedroom 214 1348 L U A U L U A U DAILY WEEKLY Studio 198 1248 1 bedroom 228 1436 2 bedroom 333 2098 3 bedroom 399 2514 If reserving a room at the Sandestin Golf Beach Resort contact Sandestin Golf Beach Resort Group Code 22Y66L 9300 Emerald Coast Parkway Destin FL 32550 PHONE 800.320.8115 FAX 850.267.8221 OR BOOK ONLINE httpwww.sandestin.com22Y66L.aspx B E A C H F R O N T W E S T W I N D S DAILY WEEKLY 1 bedroom 343 2161 2 bedroom 479 3018 3 bedroom 599 3774 B E A C H S I D E I I I DAILY WEEKLY Studio Suite 287 1809 1 bedroom 329 2073 2 bedroom 459 2892 3 bedroom 579 3648 S O U T H S I D E T I V O L I P I N E R I D G E DAILY WEEKLY 2 bedroom 299 1884 3 bedroom 389 2451 3 bedroom loft 425 2678 B E A C H W A L K B E A C H W A L K DAILY WEEKLY 2 bedroom 285 1796 2 bedroom loft 306 1928 3 bedroom 369 2325 Accommodations AT TH E SAN D ESTI N GO LF B E ACH RESO RT B AY S I D E N O R T H S H O R E DAILY WEEKLY 3 bedroom 309 1947 F A I R W A Y S C O T T A G E S DAILY WEEKLY 2 bedroom 228 1436 B A Y O U M A G N O L I A S A N D P I P E R DAILY WEEKLY 2 bedroom 228 1436 3 bedroom 309 1947 B AY S I D E A T S A N D E S T I N B A Y S I D E A T S A N D E S T I N DAILY WEEKLY Guest Room 159 1002 1 Bedroom Suite 199 1273 T H E G R A N D S A N D E S T I N DAILY WEEKLY Studio 194 1222 1 bedroom 214 1348 2 bedroom 319 2010 3 bedroom 419 2640 M O R E I N F O R M A T I O N A T W W W . M S B A R . O R G 43 Registration 27TH SUMMER SCHOOL FOR WYERS 12 CLE HOURS ETHICS INCLUDED JULY 6 8 2015 LINKSIDE CONFERENCE CENTER The registration fee is 420 for attorneys and 185 for Judges whose registration is received no later than June 12 2015. After June 12 the registration fee is 445 for attorneys and 210 for Judges. The registration fee will cover attendance at all sessions handout materials and coffee breaks. 110TH ANNUAL MEETING JULY 8 11 2015 SANDESTIN HILTON The registration fee is 440 per attorney includes spouseguest and 335 for Judges includes spouseguest whose registration is received no later than June 12 2015. After June 12 the registration fee is 490 for attorneys and 360 for Judges. Cancellations Refunds The Mississippi Bar will accept only written requests for refund of registration fees by either mail or fax to Nikki McIntyre The Mississippi Bar P.O. Box 2168 Jackson MS 39225-2168 Fax 601-355-8635 or by e-mail to The date of cancellation is the date received by the Bar ofce in Jackson. The following refund schedule has been established CANCELLATIONS RECEIVED ON OR BEFORE JUNE 26 Full refund less 50 administrative charge. CANCELLATIONS RECEIVED JUNE 29 JULY 11 50 refund. Due to hotel advance guarantee requirements there will be no refund for optional ticketed events the week of July 6 - 11. CANCELLATIONS RECEIVED AFTER MEETING DATES No refund. Receptions and Family Activities Peter Pans Neverland Welcome Reception WEDNESDAY JULY 8 630 PM 800 PM KIDS PARTY SPONSORED IN PART BY BANK PLUS PHOTO BOOTH SPONSORED BY BDK LLP Presidents 60s Rock Roll Reception FRIDAY JULY 10 630 PM 800 PM SPONSORED IN PART BY FOXEVERETT A HUB INTERNATIONAL COMPANY 14th Annual Sandcastle Sand Sculpture Contest THURSDAY JULY 9 930 AM 1030 AM NO CHARGE SPONSORED IN PART BY SERVICE PRINTERS Bingo THURSDAY JULY 9 230 PM 430 PM NO CHARGE Kite Decorating FRIDAY JULY 10 830 AM 915 AM NO CHARGE Childrens Build-A-Bear Party FRIDAY JULY 10 300 PM 500 PM NO CHARGE Family Beach Bash FRIDAY JULY 10 800 PM 1000 PM CASH BAR HOSTED AND SPONSORED IN PART BY THE YOUNG LAWYERS DIVISION Breakfasts Prayer Breakfast THURSDAY JULY 9 800 AM 900 AM 25TICKET SPONSORED BY THE CHRISTIAN LEGAL SOCIETY Fellows of the Young Lawyers Breakfast Meeting THURSDAY JULY 9 800 AM 900 AM Breakfast with the Federal Judges FRIDAY JULY 10 800 AM 900 AM NO CHARGE Lawyers only. Come and visit with your MS Federal Judges over a compli- mentary breakfast. Come and go. Please make your reservation in advance. SPONSORED BY THE BENCH BAR OF THE NORTHERN AND SOUTHERN DISTRICTS Mississippi Chapter American Board of Trial Advocates Breakfast Meeting FRIDAY JULY 10 800 AM 900 AM 50-Year Anniversary Members Breakfast FRIDAY JULY 10 830 AM 930 AM Luncheons 17th Annual Price-Prather Luncheon THURSDAY JULY 9 1200 NOON 130 PM 40TICKET HOSTED BY THE BARS WOMEN IN THE PROFESSION COMMITTEE Mississippi College Law Alumni Luncheon FRIDAY JULY 10 1215 PM 130 PM 30TICKET University of Mississippi Law Alumni Luncheon FRIDAY JULY 10 1215 PM 130 PM 30TICKET Garden Party Farewell Brunch SATURDAY JULY 11 900 AM 1100 AM 45TICKET Sporting Events Golf Tournament THURSDAY JULY 9 100 PM 600 PM 125REGISTRATION FEE PRIZES PROVIDED BY LEXIS-NEXIS. REFRESHMENTS SPONSORED BY US LEGAL FORMS Legal Run-Around 5K and Fun Run FRIDAY JULY 10 715 AM 815 AM 10PERSON Runners and walkers of all ages are invited to participate. All participants will receive a tank top. SPONSORED IN PART BY THE MISSISSIPPI BAR FOUNDATION TheBob BarnettTennis Tournament FRIDAY JULY 10 200 PM 500 PM 35PERSON Meetings MONDAY WEDNESDAY Summer School Sessions THURSDAY 830 930 AM General Assembly Presented by the Federal Judiciary 900 AM 1200 PM Appellate Circuit Chancery and County Judges Conferences 930 AM 1200 PM U. S. District Court Judges Meetings 1000 1100 AM CLE Session 1000 AM 1200 PM Section CLE Sessions 430 600 PM Young Lawyers Division Board Meeting FRIDAY 800 90 0 AM Young Lawyers Division General Assembly 915 1015 AM Annual Business Session 1015 1115 AM CLE Session 1015 AM 1215 PM Section CLE Sessions MAXIMUM ATTAINABLE CLE CREDITS Monday 4 credit hours Tuesday 4 credit hours Wednesday 4 credit hours Thursday 2 credit hours Friday 2 credit hours Monday Friday 16 credit hours Mark Millet Commemorative Print 25.00EACH Get your very own Commemorative Pelican Print painted by featured Mississippi artist Mark Millet. Decorate in style with your very own 8 x 10 print. Mark Millet has been chronicling vanishing southern scenes for over twenty years. His oil paintings and watercolor paintings are sought after by art collectors worldwide. This angelic sea bird will sure to be a hit so grab yours before theyre all gone Order yours today 44 T H E M I S S I S S I P P I B A R A N N U A L C O N V E N T I O N 2 0 1 5 Step 1 R E G I S T R A N T I N F O R M AT I O N REGISTRANT NAME ______________________________________________________________________ BAR IF KNOWN _______________________________________________________________________ FIRM NAMECOMPANY ___________________________________________________________________ ADDRESS _______________________________________________________________________________ CITY _____________________________________________ STATE ________ ZIP _________________ OFFICE PHONE _____________________________ CELL ______________________________________ E-MAIL _________________________________________________________________________________ THIS IS MY FIRST MB ANNUAL MEETING Step 2 B A D G E I N F O R M AT I O N BADGE NAME _________________________________________________________________________ CITY _________________________________________________ STATE_________________________ Step 3 S P O U S E G U E S T B A D G E I N F O R M AT I O N SPOUSEGUEST NAME ___________________________________________________________________ CITY ______________________________________________________________ STATE _____________ MY SPOUSE IS ALSO AN ATTORNEY CHILDGUEST NAME _____________________________________________________________________ CITY ___________________________________________________ STATE ________ AGE _________ CHILDGUEST NAME _____________________________________________________________________ CITY ___________________________________________________ STATE ________ AGE _________ CHILDGUEST NAME _____________________________________________________________________ CITY ___________________________________________________ STATE ________ AGE _________ CHILDGUEST NAME _____________________________________________________________________ CITY ___________________________________________________ STATE ________ AGE _________ SU B MIT ONLINE MAIL The Mississippi Bar Meeting Registration P.O. Box 2168 Jackson MS 39225-2168 FAX 601-355-8635 E-MAIL T H E M I S S I S S I P P I B A R 2015 Annual Meeting and SUMMER SCHOOL FOR OFFICE USE DATE BATCH Step 4 M E E T I N G R E G I S T R AT I O N 5A SUMMER SCHOOL REGISTRATION JULY 68 BEFORE JUNE 12 ATTORNEYS FEE 420 JUDGES FEE 185 AFTER JUNE 12 ATTORNEYS FEE 445 JUDGES FEE 210 SUMMER SCHOOL REGISTRATION SUBTOTAL 5B ANNUAL MEETING REGISTRATION JULY 811 BEFORE JUNE 12 ATTORNEYS FEE 440 JUDGES FEE 335 AFTER JUNE 12 ATTORNEYS FEE 490 JUDGES FEE 360 ANNUAL MEETING REGISTRATION SUBTOTAL Step 5 O P T I O N A L E V E N T S T I C K E T S check Annual Meeting Registrants Only ___ Commemorative Print ____ 25 EACH ________ ___ Welcome Reception Additional Tickets ____ 40 EACH ________ WEDNESDAY JULY 8 630 - 800 PM Registration fee includes admission for registrant plus one adult guest. Additional tickets for guests over age 18 are 40 each. ___ Prayer Breakfast ____ 25 EACH ________ THURSDAY JULY 9 800 - 900 AM ___ Price-Prather Luncheon ____ 40 EACH ________ THURSDAY JULY 9 12 NOON - 130 PM ___ Golf Tournament ____ 125 EACH ________ THURSDAY JULY 9 100 - 600 PM MY GOLF HANDICAP IS ________________ PREFERRED FOURSOME ______________________________________ ______________________________________ ______________________________________ ______________________________________ ___ Legal Run-Around ____ 10 EACH ________ FRIDAY JULY 10 715 - 815 AM ___ Breakfast with the Federal Judges ____ NO CHARGE ________ FRIDAY JULY 10 800 - 900 AM for lawyers only advance reservation requested ___ MS College Law Alumni Luncheon ____ 30 EACH ________ FRIDAY JULY 10 1215 - 130 PM ___ Univ. of MS Law Alumni Luncheon ____ 30 EACH ________ FRIDAY JULY 10 1215 - 130 PM ___ Tennis Tournament ____ 35 EACH ________ FRIDAY JULY 10 200 - 500 PM ___ Presidents Reception Additional Tickets ____ 40 EACH ________ FRIDAY JULY 10 630 - 800 PM Registration fee includes admission for registrant plus one adult guest. Additional tickets for guests over age 18 are 40 each. ___ Farewell Brunch ____ 45 EACH ________ SATURDAY JULY 11 900 - 1100 AM ANNUAL MEETING OPTIONAL EVENTS SUBTOTAL Step 6 TOTAL DUE ADD 5 6 TOTAL ENCLOSED Step 7 P AY M E N T M E T H O D CHECK PAYABLE TO THE MISSISSIPPI BAR CREDIT CARD VISA MASTERCARD AMEX DISCOVER CARD NUMBER _______________________________________________________________________ EXPIRATION DATE ________________________________ CODE ON BACK ____________________ PRINT CARDHOLDERS NAME ___________________________________________________________ as it appears on card CARDHOLDERS SIGNATURE ____________________________________________________________ M O R E I N F O R M A T I O N A T W W W . M S B A R . O R G 45 The Mississippi Bar 2015 Catherine B. Bell Jackson Kashonda Lekesha Day Jackson R. Lane Dossett Hattiesburg Adam H. Gates Jackson James Trey Gunn III Jackson Lyndsy Landry Irwin Bentonia LaToya T. Jeter Jackson James J. D. Johnson Gulfport Willis Hanks Bill Jolly III Hernando Greta L. Kemp Jackson L. Dawn Mapp Brandon Dustin Markham Meridian Catoria P. Martin Jackson Gregg Mayer Jackson S. Megan McGrew Jackson Tiffany R. Paige Jackson Elizabeth L. Porter Hattiesburg Keishunna L. Randall Ridgeland Sabrina B. Ruffin Ridgeland Jason R. Savarese Gulfport Ashley Nader Stubbs Ridgeland Toni W. Terrett Vicksburg Angela D. Williams Jackson Participants of the Mississippi Bars Leadership Forum 2015 are from left seated Kashonda Lekesha DayAshley Nader Stubbs LaToya T. Jeter Keishunna L. Randall Sabrina B. Ruffin Angela D. Williams Back R. Lane Dossett Tiffany R. Paige S. Megan McGrew James J. D. Johnson Jason R. Savarese Adam H. Gates Gregg Mayer James Trey Gunn III Catherine B. Bell Dustin Markham Lyndsy Landry Irwin Elizabeth L. Porter Greta L. Kemp Catoria P. Martin L. Dawn Mapp and Willis Hanks Bill Jolly III Not pictured Toni W. Terrett Participants 46 Spring 2015 The Mississippi Lawyer Leadership Forum Class The Mississippi Lawyer Spring 2015 47 Continued on next page Past Bar President Cham Trotter spoke on Professionalism and Public Percep- tions Professional Responsibility for MS Lawyers was the topic of Mississippi College School of Law Professor Jeffrey Jackson Martin Willoughby was the moderator for A New Breed of Leader MB Bar President Gene Harlow addressed the participants York Craig Jr. Past Bar President talked about Civility and Values The Professional and Ethical Implications of Impairment was the topic of Chip Glaze Executive Director of the Lawyers and Judges Assistance Program General Counsel of the Bar Adam Kilgore discussed The Lawyers Creed The Mississippi Bar 2015 Justice Randy Pierce addressed the class at the Supreme Court Courthouse Court of Appeals Chief Judge Joe Lee spoke to the class MS Bar Government Affairs Director Jimmie Reynolds addressed the partici- pants at the Capitol Representative Robert Johnson addressed the Leadership Forum Addressing the class was Senator Briggs Hopson 48 Spring 2015 The Mississippi Lawyer Senator Sally Doty Senator Brice Wiggins and Senator Derrick Simmons addressed the Leadership Forum class Everyone enjoyed hearing Senator Sean Tindell Leadership Forum Class The Mississippi Lawyer Spring 2015 49 Mark Chinn spoke on Why Give Back to the Community An update on MS Access to Justice was given by Beau Cole Patti Gandy addressed the class as the Director of the Legal Aid Office of Mission First Governor William Winter spoke to the Leadership Forum Rebecca Wiggs spoke to the participants at the May session MS Bar Executive Director Larry Houchins addressed the participants Jennie Eichelberger spoke on Public Service Programs of the MS Bar and Gayla Carpenter- Sanders spoke on Mississippi Volunteer Lawyers Project Addressing the final session was Belhaven University President Dr. Roger Parrott 50 Spring 2015 The Mississippi Lawyer The Young Lawyers Division has always been focused on public service. Our members serve the public through a variety of projects including Wills for Heroes Lawyers in the Library Homeless Youth Clinics Lawyers in Every Mississippi Classroom Bullyproof and the High School Mock Trial Competition. We are very proud of our commitment to public service and to helping members of our communities and the public. We strive to better our commitment to public serv- ice each and every year. However this year in addition to our commitment to public service I sought to develop more services and programs for our members so that we can serve ourYLD members as well as the public. The planning phase to better the com- mitment to our membership and offer more services to our members began with planning sessions in Pittsburg last May at the ABA YLDs spring conference. It was in Pittsburg that I was able to participate in brainstorming sessions about how to better serve our membership. Out of that conference the idea to have the Litigation 101 CLE Series was born as well as the idea to further develop YLDs mid-year meeting. Our Litigation 101 Series consisted of six 2-hour CLE sessions which took the participants step by step through the liti- gation process with sessions of case inves- tigation and evaluation depositions and discovery mediation and negotiation trial appeals and ethics and civility. The series was a success and we look forward to continuing this CLE series in the future. A special thanks to our speakers - Aafram Sellers Andrew Neely Clarence Webster Graham Carner Charlie Swayze Craig Robertson Corey Hinshaw Matt Eichelberger Michael Bentley David McCarty and Missye Martin. The Second Annual YLD Mid-Year Conference was held in Jackson on March 27 2015 at the King Edward Hotel. The event kicked off with a reception at the King Edward Hotel the evening before the Conference. The conference featured a continuation of skill-based CLEs includ- ing voir dire and jury selection opening statements and closing arguments tips on successfully mediating a case and deposi- tion skills. We were honored to have accomplished practitioners teach the CLEs including Bobby Dallas Donald Dornan Will Manual Rocky Wilkins Rebecca Wiggs Amanda Green Alexander and Cindy Mitchell. Patrick Nelson COO and co-founder of Im ME spoke to the membership about the impor- tance and necessity of public service. The Honorable James E. Graves Jr. delivered the keynote address during the lunch hour. The day concluded with a panel discus- sion about professionalism and ethics from four Past-Presidents of The Mississippi Bar Nina Stubblefield Tollison Joy Phillips Cham Trotter and Rodger Wilder. As special thanks to all of the speakers that contributed to making the event a success. We look forward to continuing to offer more services to our members in the future. On April 30 2015 another successful Bar Admissions ceremony was held and we welcomed 96 new attorneys to our noble profession. Oaths were adminis- tered to the new admittees by Justice James W. Kitchens Judge J. Dewayne Thomas Judge Jane Virden Judge Daniel P. Jordan III and Judge Rhesa H. Barksdale. Dean Richard Gershon recog- nized the new admittees from the University of Mississippi School of Law and Dean Wendy Scott recognized the new admittees from Mississippi College School of Law. I had an opportunity to address the new admittees along with Mimi Arthur Chair of the Bar Admissions Ceremony and Eugene Harlow President of the Mississippi Bar. We are looking forward to finishing our year in Destin at The Mississippi Bars Annual Meeting. During YLDs General Assembly on Friday July 10 the Outstanding Young Lawyer of the Year will be recognized. I am excited to announce that the keynote speaker at the YLD Assembly will be Edward W. Hayes a well-known attorney memoirist and political commentator from New York. Mr. Hayes is well-known for his role as the subject of Tom Wolfes novel Bonfire of theVanities. I hope that you will join us in Destin. As we move forward if you would like to become more involved with YLD please contact Rene Garner at rgarner or me at jennie.eichelberger I Jennie Eichelberger Young Lawyers Division President 2014-2015 Young Lawyers Division News THE MISSISSIPPI BAR Young Lawyers Division General Assembly Friday July 10 800-900 a.m. Sandestin Hilton Sandestin Florida Keynote Speaker Edward W. Hayes The Mississippi Lawyer Spring 2015 51 Spring 2015 Bar Admissions Ceremony Sponsored by the Young Lawyers Division The Spring Bar Admissions Ceremony sponsored by theYoung Lawyers Division was held Thursday April 30 2015 at Supreme Court Courthouse in Jackson. Representing the Young Lawyers Division Bar Admission Ceremony Committee were Brent Cole Alicia Hall Mimi Arthur Chair Adria Hertwig and Elizabeth Crowell. Program participants administering the oath to practice law in Mississippi included front row Judge J. Dewayne Thomas representing Hinds County Chancery Court Justice James W. Kitchens representing the Supreme Court Eugene M. Harlow President of The Mississippi Bar Dean Wendy B. Scott Mississippi College School of Law Judge Jane M. Virden representing the US District Courts for the Northern District of Mississippi Reverend Ricky James St. Lukes United Methodist Church second row Mimi Reeves Arthur Chair YLD Bar Admissions Ceremony Committee Jennie A. Eichelberger President of the Young Lawyers Division of The Mississippi Bar Judge Daniel P. Jordan III representing the US District Courts for the Southern District of Mississippi Judge Rhesa H. Barksdale representing the US Court of Appeals for the Fifth Circuit Dean Richard Gershon University of Mississippi Law School. tel. 601.960.9581 MISSISSIPPI Access to Justice COMMISSION 52 Spring 2015 The Mississippi Lawyer Spring 2015 New Admittees John Oscar Alexander IV Jhasmine Eunique Andrews Patrick Michael Ardis Sarah Foster Barron Richard Kent Bayless Stephanie Jordan Bennett Heidi Elizabeth Billington Semmes Hill Bobo Thomas Richard Boller Daniel Evan Bradshaw Bruce Gregory Patrick Brown Carlton McCoy Brown Tracey Amanda Brown Stephen Finley Butterfield Dustin Carl Carter Laura Summerfield Chism Francois David Choudoir Bryan Arthur Coleman Charles William Daniels Jr. Margaret Nika Davis Rebecca Pruett Denham Stephen McCarty Edwards Jr. Benjamin Henry Farrow Bruce Lee Feldbaum Benjamin Durant Fierman Dewitt Langston Fortenberry III Thomas Joel Fyke Hunter Allen Hawley Charlton Samuel Hedden Luke Matthew Henson Juan Raynard Herold Jefferson Vaughan Hester Carrie Megan Holland Morgan Locke Houston Lauren Ashley Jee Erich Gregg Jerscheid Tressa Valentine Johnson Andreanna Dominique Jones James Henry Jones IV Justin Lee Jones Claire Emelia Kenda Blair Lynn Kennedy Anne Caroline King Katherine Ann Kingren Juanita Passyn Kuhner Ann Terry Landgraf Todd Anthony Latiolais Don Michael Lazarus Scott Forrest Leary Jr. Jonathan Michael Lieb Jay Douglas Liles Emily Kincses Lindsay Thomas Matthew Loper Erik Kyle Martin Haley Suzanne Martin Brooke Lauren McCarthy John Paul McCarty Steven Herbert McCleskey Yawanna Nabors McDonald Charles Mitchell McGuffey Hance Wesley McKenzie III Cambri Alise McNair Amanda Hope Meadows Steven Daniel Medlock Tyler Brandon Melton Summerann Shuler Miller John Steven Hanson Miner Nicholas Francis Morisani Sr. David Frank Myers Timothy Ar-Ting Ngau Ammie Thi Nguyen Tracy Aaron Overstreet Jeff Davis Pace III Morgan Julia Palmer Melinda Janet Parks Matthew Brandon Peters Michael Taylor Ramsey Jerrod Mitchell Rayborn Joel Charles Reynolds Jr. Leanna Reynolds Anna Katherine Robbins Aisha Arlene Sanders Noah Lee Sanford William Tyler Scott Christina Maria Seanor Jeffrey Patrick Setterstrom Caitlyn Terrell Smith Justin Dontrell Smith Joshua Brian Stretch Arnold Edward Taylor Jr. Perry Provosty Tayor Kai-Chung Tsao Jayne Michelle Welch Darryl Anthony Wilson Carl Knoerr Wyatt Jr. Susan Gunning Zachos New Lawyers in the Family Christina M. Seanor left is welcomed by her uncle David M. Allen right admitted 1978 both of Ocean Springs. Don Michael Lazarus left of McComb is congratulated by his uncle L. Jackson Lazarus right admitted 1982 of Natchez. Aisha Sanders center is greeted by her father Everett T. Sanders left admitted 1974 and mother Lillie Blackmon Sanders right admitted 1979 all of Natchez. Witt Fortenberry center is welcomed by his mother Sheila Fortenberry left admitted 1984 and his father Rusty Fortenberry right admitted 1984 all of Mendenhall. Leanna Reynolds left of Charleston is congratulated by her uncle Tommy Reynolds right admitted 1977 of Water Valley. The Mississippi Lawyer Spring 2015 53 54 Spring 2015 The Mississippi Lawyer Law Day was May 1 and this year The Mississippi Bar conducted its annual statewide Law Day Art Contest. Flyers were sent to every public and private school K-12 in Mississippi. The Bar received over 700 entries from 18 different schools in 12 counties. First second and third place were awarded at each school and then the judges chose a first and second place from each grade for statewide winners. There were also Division Winners and an Overall Best in Show for High School and an Overall Best in Show for Elementary. Winning students from each school received certificates and overall winners work was on display at the Mississippi State Capitol Building during Law Week April 27th-May 1st and showcased in this issue of The Mississippi Lawyer magazine. Congratulations to all the students for their great work Kindergarten - First Place Reese Genna Waveland Elementary Kindergarten - Second Place Liam Spratlin Jackson Academy First Grade - Second Place Audra Freeman Waveland Elementary First Grade - First Place Della Florey Desoto Central Primary School Mississippi Students Grades K-12 Celebrated Second Grade - First Place Meredith Mauffray Waveland Elementary The Mississippi Lawyer Spring 2015 55 Law Week 2015 Through an Art Contest Fourth Grade - First Place Desiree Loya North Bay Elementary Third Grade - First Place Lilyan Harris Clinton Christian Academy Third Grade - Second Place Diamond Anthony North Bay Elementary Fourth Grade - Second Place Collins Trolio Oak Hill Academy Second Grade - Second Place Nick Spratlin Jackson Academy Fifth Grade - First Place Overall Division Winner Grades 1st-6th Best in Show Elementary Brinkley Boswell Christ Covenant School Tenth Grade - First Place Devin Fizer Hattiesburg High School Ninth Grade - First Place Overall Division Winner Grades 7th-9th Addie Blurton Madison-Ridgeland Academy Ninth Grade - Second Place Kendric Moffett Hattiesburg High School Seventh Grade - First Place Zandon Wells Eiland Middle School The Theme for Law Day 2015 was Magna Seventh Grade - Second Place Reece Ducrest Madison-Ridgeland Academy 56 Spring 2015 The Mississippi Lawyer Fifth Grade - Second Place Suzie Brown St. Vincent de Paul Catholic School Carta Symbol of Freedom Under Law Eleventh Grade - Second Place Madison Wilson Pearl High School Tenth Grade - Second Place Orchid Berch Pearl High School Eleventh Grade - First Place Cecelia Moseley Lamar MH School Twelfth Grade - Second Place Dylan Joles Lamar MH School Twelfth Grade - First Place Overall Division Winner Grades 10th-12th Best in Show High School Ryan Arias-Perez Oak Grove High School The Mississippi Lawyer Spring 2015 57 58 Spring 2015 The Mississippi Lawyer What a fitting description of the active alcoholicaddict. Those of us familiar with the disease and those who have loved an addict can attest to its accu- racy. Sadly it can also apply to someone suffering with other untreated mentalemotional health issues like depression. Sounds pretty grim huh The good news solutions and assistance are available and success stories in recovery abound. The great news theres more so much more. Over and above the cessation of problematic behavior and the management of behavioral health issues there is definitely an upside. In fact there are many upsides for both the individual and those who surround him or her. The end of calamity is not the end of the story but merely the beginning. Trying to function while trapped with- in the walls of active impairment can feel like trying to move through quicksand. The brain of one currently suffering oper- ates very much like a muscle that is deeply contused. The basic activities of daily living become increasingly difficult to manage to say nothing of clients legal issues. Tasks that would typicallyideally take only minimal thought can seem insurmountable. As ones time in recov- ery builds refreshed and even improved mental clarity is frequently a welcome benefit. The mental energy previously burned trying to just keep going is redi- rected to much greater use. So many who struggle in addiction and other mentalemotional health issues describe the inability to be comfortable in my own skin. By practicing the prin- ciples of recovery we learn to take life on lifes terms and to practice acceptance both within and without. To feels that ones skin fits maybe for the first time is an incredible experience. Are individu- als in recovery always happy Of course not but weve come to know that it is a mistake to expect such. We learn to accept and be content with enough. Having learned to accept life on lifes terms and found some measure of con- tentment the individual in recovery has the chance to redeem their broken rela- tionships. This is certainly not always an option as some relationships are irrepara- bly torn but there is now a chance where there had been none. Hopefully the recovering individual has fresh clarity a willingness to accept responsibility and an awareness of healthy boundaries. When marshalled alongside willingness this can be a recipe for stronger relation- ships than could have been anticipated. Such revival is quite possible and may even be anticipated in personal and pro- fessional relationships so long as the individual attends to hisher program of recovery. This process may take time as trust may have been strained or broken but it can be and often is rebuilt. At LJAP we strive to be there to pro- vide necessary services and support for persons in need. It is such a powerful process and absolutely wonderful when it works. That power and wonder only increase as individuals continue their involvement with the recovering commu- nity and LJAP in particular as the upsides begin to unfold in their lives. If you are concerned that you or some- one you know may be in need of assis- tance please contact LJAP. All commu- nication in confidential and involvement with LJAP is voluntary. You should also call if you or someone you know has addressed issues of addiction or other mentalemotional illness but isnt seeing the upsides. Wed love to help. I For Confidential Help Call The Lawyers and Judges Assistance Program. 1.800.593.9777 LAWYERS HELPING LAWYERS The Upside The alcoholic is like a tornado roaring his way through the lives of others. Hearts are broken. Sweet relationships are dead. Affections have been uprooted. Selfish and inconsiderate habits have kept the home in turmoil. Alcoholics Anonymous the Big Book p.82 LAWYERS JUDGES ASSISTANCE PROGRAM C O N T A C T U S For confidential help call the Lawyers and Judges Assistance Program at 1.800.593.9777 You can also visit our website Lawyers Assistance Program link on The Mississippi Bar website The Mississippi Lawyer Spring 2015 59 Henry J. Cook III Henry J. Cook III 78 of Diamondhead died March 16 2015. A graduate of Mississippi College School of Law he was admitted to practice in 1978. He was a Green Beret who spent more than four decades serving in the military. He served as a Colonel in Vietnam. Cook was part of a special forces until assigned a top secret mission. The colonel and a team of Mobile Guerrilla Forces would parachute into hostile war zones and come face-to- face with the Viet Cong. Wounds he suffered in combat during the Tet Offensive earned Cook two Purple Hearts and earned him multiple Bronze Stars in the Army. Cook helped in the effort to construct the Mississippi Vietnam Memorial in Ocean Springs. Daniel H. Fairly Daniel H. Fairly 58 of Brandon died April 3 2015. A graduate of the University of Mississippi School of Law he was admitted to practice in 1981. He was a judge for the 20th Chancery District of Mississippi. He was elected to the position in 2006 and took office the following January. He was re-elected in 2010 and 2014. Prior to his election in 2006 Fairly served as a munic- ipal judge pro tempore for the city of Flowood. For years he was a partner with Wells Marble and Hurst in Jackson. His last years were spent in Chancery Court of Rankin County. He was a mem- ber of First Presbyterian Church of Jackson and then Lakeside Presbyterian Church in Brandon where he served for many years. Timothy A. Ford Timothy A. Ford 63 of Oxford died February 27 2015. A grad- uate of the University of Mississippi School of Law he was admitted to practice in 1977. He was an Eagle Scout. After grad- uation Ford practiced law with Carnathan and Malski and was Assistant District Attorney until his election to the Mississippi House of Representatives at age 27. In 1986 he was elected Speaker at age 36. While Speaker he chaired the Southern Legislative Conference National Speakers Conference and the State Legislative Leaders Foundation. Ford was the first House Speaker in the nation to receive the William M. Bulger Excellence in State Legislative Leadership Award and was recip- ient of the Supreme Court 2003 Chief Justice Award. On his retirement from the Legislature in 2004 he was the longest then serving Speaker in the United States and the second longest serv- ing Speaker in the history of Mississippi. After his legislative career Ford went back to the practice of law and was a Senior Partner and member of the Executive Committee of Balch and Bingham a 250 member firm with offices in four states and Washington D.C. Thomas H. Freeland IV Thomas H. Freeland IV 59 of Oxford died February 21 2015. A graduate of the University of Mississippi School of Law he was admitted to practice in 1981. Freeland practiced law in Oxford for 33 years first with his father Hal Freeland and in the last 11 years with Hal and his wife Joyce Freeland. He practiced at Freeland Freeland law office off the Square in Oxford. He has been a long-term supporter and member of the Board of the Mississippi Innocence Project. Louis A. Fuselier Louis A. Fuselier 83 of Jackson died May 5 2015. A graduate of Tulane University Law School he was admitted to practice in 1964. He then joined the United States Air Force rose to the rank of Captain and served as pilot in Germany flying missions during the Berlin airlift. In 1963 Fuselier moved to Jackson where he practiced Labor Relations law with the firm of Sullivan Sullivan and Keys. He then established the firm of Fuselier Hector Robinson and Ott. Fuselier was an inaugural fellow of the Labor and Employment College and was also named a members of Whos Who in American Law. After practicing law for more than forty years he retired from the firm of Young Williams Henderson and Fuselier. He served as President of the Downtown Jackson Rotary Club. He was the first Life Time Member and a former President of the Mississippi Wildlife Federation. James L. Garner James L. Garner 80 of Brandon died December 11 2014. A graduate of the University of Mississippi School of Law he was admitted to practice in 1962. He served two years with the United States Air Force. He had a legal profession that lasted 50 years that included private practice and Justice of the Peace. He worked with Mississippi Workers Compensation Commission and as an Administrative Law Judge for the Social Security Admini- stration. Wayne C. Gulledge Wayne C. Gulledge 59 of Flowood died November 3 2014. A graduate of the University of Mississippi School of Law he was admitted to practice in 1980. He was an active supporter of Alcoholics Anonymous at the Jackson Chapter where he served as mentor and counselor. Gulledge also supported MARL Mississippi Animal Rescue League in Jackson. David Charles Henry David Charles Henry 52 of Jackson TN died January 24 2015. A graduate of the University of Mississippi School of Law he was admitted to practice in 1989. William F. Jones William F. Jones 83 of Hattiesburg died November 9 2014. A graduate of the University of Mississippi School of Law he was admitted to practice in 1959. He served four years in the U.S. Air IN MEMORIAM Continued on next page 60 Spring 2015 The Mississippi Lawyer Force. Jones practiced law with the firm Moore and Jones in Hattiesburg specializing in Real Estate Law. In 1998 he retired from law practice. William Wendell Martin William Wendell Martin 58 of Gulfport died February 26 2015. A graduate of the University of Mississippi School of Law he was admitted to practice in 1981. He was of the Church of Christ faith. Martin served as Supervisor of District 4 for over 15 years. He was a member of the Gulfport Branch of NAACP where he served as Former President Magnolia Bar Association and North Gulfport Civic Club. Paul B. Murphy Paul B. Murphy 81 of Belzoni died March 11 2015. A gradu- ate of the University of Mississippi School of Law he was admit- ted to practice in 1960. Murphy served two years in the United States Army at Fort Bliss Texas. He was an active member of St. Thereses Catholic Church. Casey C. Pace Casey C. Pace 68 of Brandon died February 15 2015. A grad- uate of the University of Mississippi School of Law he was admitted to practice in 1972. Pace served as an Assistant Director at the Mississippi Research and Development Center until 1984. He worked as a financial broker before becoming Director of the Mississippi Legislative Reference Bureau at the State Capitol where he served from 1990 until his retirement in 2011. Richard Earl Perkins Richard Earl Perkins 73 of Moss Point died April 26 2015. A graduate of the University of Mississippi School of Law he was admitted to practice in 1966. He served in the United States Army from 1966 to 1968 and received an Honorable Discharge as 1st Lieutenant after serving in Korea and at Fort Benning Georgia. Perkins then opened his law office in Moss Point and practiced for 46 years. During those years he was a sole practitioner 38 years and in partnership as Mills Perkins for 8 years. He served as City Judge for the City of Moss Point from 1969-1976 attor- ney for the Board of Trustees of the Moss Point School District for more than 20 years and attorney for the Mayor and Board of Aldermen of the City of Moss Point for many years. Active in his church and community he was a Deacon and Trustee of First Baptist Church of Moss Point an Advisory Member of the Board of Directors of First Federal Savings and Loan since 1970. Perkins was a member of the Jackson County Bar Association past member of the Board of Trustees of the Homes of Grace and past President and Director of the Pascagoula-Moss Point Chamber of Commerce. Jack E. Pool Jack E. Pool 77 of Dallas TX died March 6 2015. A graduate of the University of Mississippi School of Law he was admitted to practice in 1960. His career as a lawyer spanned nearly 55 years. He began practicing law in Natchez. He managed ADCO drilling company and ran an early computerized data archive for local businesses. Pool retired in 2011 after serving for 11 years as director of the Central Legal staff then more than five years as Supreme Court Administrator and Counsel. He served under six chief justices during his 16 years at the court. This earned him the Chief Justice Award in 2003 and 2005. He was the point person for the court in the construction of the new Carroll Gartin Justice Building which was occupied by the courts in 2008 and com- pleted in 2011. After he retired from the court and moved to Dallas he volunteered in the Court Appointed Special Advocates CASA program of Collin County. He served as guardian ad litem for minors. Jessie D. Puckett Jr. Jessie D. Puckett Jr. 88 of Brandon died September 27 2014. A graduate of the University of Mississippi School of Law he was admitted to practice in 1953. In 1943 he was called to active duty serving in the Navy. After 3 years of active duty Puckett was honorably discharged as a Quartermaster Second Class. Puckett was employed with Humble Oil and Refining Company which later became known as Exxon. He worked for Exxon for 25 years and retired in 1978. After retiring from Exxon he worked for Forest Oil Company and retired from there in 1992. Daniel Elwood Ruhl Daniel Elwood Ruhl 42 of Ridgeland died April 19 2015. A graduate of Mississippi College School of Law he was admitted to practice in 2004. He was commissioned as an officer into the U.S. Navy and served in the Supply Corps during his years in the military. He completed his years in the Navy as an instructor at the Navy Supply Corps School in Athens Georgia. Upon dis- charge from the Navy Ruhl joined AmSouth Banks management program in Birmingham Alabama. In 2004 Ruhl joined the Jackson MS law firm of McGlinchey Stafford where he prac- ticed law for two years in the area of corporate litigation and bankruptcy. In 2006 he moved to the law firm of Copeland Cook Taylor and Bush where he continued to practice corporate litiga- tion and bankruptcy. He coached the Mississippi College Duberstein teams for several years and was inducted into the Order of Barristers for his service. Ruhl was a member of the Charles Clark Inns of Court as well. He worked with Mission First Legal Aid. He was an active member of St. JamesEpiscopal Church where he served as an usher. IN MEMORIAM The Mississippi Lawyer Spring 2015 61 Martin T. Smith Martin T. Smith 80 of Poplarville died February 26 2015. A graduate of the University of Mississippi School of Law he was admitted to practice in 1958. Smith served as the attorney for the PRCC Board of Trustees for approximately 30 years beginning in the mid-1960s. Smith served as the first chairman of the PRCC Development Foundation. He was recognized as Poplarvilles Citizen of the Year and was named PRCC Alumnus of the Year in 1983. He also served in the state Senate for 20 years with the last eight years as Chairman of the Senate Judiciary Committee. He also served as attorney for the City of Poplarville for the past 24 years. In 1958 he opened a general law practice in Poplarville. He represented Pearl River County and surrounding areas in the Mississippi Senate from 1968 to 1988 and served as the first administrative director of the Administrative Office of Courts from 1993 to 1997. He then returned to Poplarville and again served as attorney for the Board of Trustees of Pearl River Community College and then as City Attorney for the City of Poplarville a position he had also previ- ously held both which he held at the time of his death. He was a past recipient of the Bars Distinguished Service Award and of the Mississippi Supreme Court Chief Justices Award. He was also a Fellow of the Mississippi Bar Foundation. He was President of First State Savings Loan Association and served as Chairman of its Pearl River County Division Advisory Board. Smith was a Past President of the North Pearl River Chamber of Commerce. He was the first Chairman of the Poplarville-Pearl River County Airport Board. He was also the first Chairman of the Pearl River Community College Development Foundation. He was a long- time member of the Rotary Club of Poplarville and was an active member and past Chairman of its Administrative Board of the First United Methodist Church of Poplarville. William H. Stubblefield William H. Stubblefield 65 of Oxford died April 27 2015. A graduate of the University of Mississippi School of Law he was admitted to practice in 1979. Stubblefield served in the U.S. Navy from 1971-1975 where he reached the rank of Lieutenant and served two deployments in the Far East including service in Vietnam. In 1979 he joined Holcomb Law Offices in Clarksdale. He moved to Memphis TN and had a long career with Dunavant Enterprises where he started as General Counselor in 1983 and retired as Executive Vice President and Chief Operating Officer in 2010. E. Russell Turner E. Russell Turner 47 of Jackson died April 4 2015. A graduate of the University of Mississippi School of Law he was admitted to practice in 1994. He was a recipient of the E. Kerby Bowling Award in Labor Law. He was associated with Bryan Nelson PLLC in Pascagoula Phelps Dunbar in Jackson and Balch Bingham LLP in Jackson. Turner was Chairman of the Bars Labor Employment Section 2004-2005 Governmental Affairs Director for the Mississippi Society for Human Resource Management 2012-present Chief lobbyist for 1300 members of Mississippi SHRM and Co-Author Enforcement of Arbitration Agreements in Mississippi. He was a presenter at numerous seminars on labor and employment related topics. Edmund J. Walker Edmund J. Walker 72 of DIberville died October 22 2014. A graduate of the University of Mississippi School of Law he was admitted to practice in 1966. John A. Williams John A. Williams 52 of Salt Lake City UT died September 16 2014. A graduate of the University of Mississippi School of Law he was admitted to practice in 1990. He served as a missionary for 2 years in Cali Colombia. Lampton ONeal Williams Lampton ONeal Williams 96 of Poplarville died April 14 2015. A graduate of the University of Mississippi School of Law he was admitted to practice in 1942. He was commissioned a Lieutenant in the United States Naval Reserve and served during World War II. After his military service he began practicing law with his father in Poplarville. Williams served as a Commissioner of the Bar in 1947-1948 and 1975-1976. He was a member of the American Bar Association Pearl River County Bar Association Mississippi Trial Lawyers Association and Mississippi Oil and Gas Lawyers Association. He was named Citizen of the Year for 1967 by the Chamber of Commerce. He was an active member of the Poplarville First United Methodist Church. Williams was also involved in the mission of Brothers Keepers. Michael Paul Younger Michael Paul Younger 61 of Brandon died February 9 2015. A graduate of the University of Mississippi School of Law he was admitted to practice in 1979. He twice served as president of the Bulldog Club and was on the executive board for many years. He practiced law for 36 years. He served as the Brandon Municipal Judge for 31 years. Younger taught Sunday school at the First Methodist Church for 18 years. IN MEMORIAM 62 Spring 2015 The Mississippi Lawyer The Mississippi Lawyer Spring 2015 63 HUBBARD MITCHELL WILLIAMS STRAIN PLLC is pleased to announce that BRADLEY RUSSELL MCDILL has joined the firm as a member Jeffrey P. Hubbard 1062 Highland Colony Parkway Richard D. Mitchell Suite 222 Jeffrey M. Williams Ridgeland Mississippi 39157 Stacey L. Strain Telephone 601 707-3440 Bradley R. McDill Facsimile 601 898-2726 J. RALPH WHITE SHARON L. ANDREWS and STELLA SHACKELFORD are proud to announce the formation of WHITE ANDREWS SHACKELFORD LLC Formerly White Law Firm J. Ralph White 650 Poydras Street Suite 2319 Sharon L. Andrews New Orleans Lousiana 70130 Stella C.C. Shackelford Telephone 504 799-2585 B. Alan Baker 2086 Old Taylor Road Suite 201 William K. Duke Oxford Mississippi 38655 Of Counsel Telephone 662 281-3940 Providing innovative approaches to complex legal challenges Attorneys licensed in LA TX MS AL HOLCOMB DUNBAR Attorneys is pleased to announce that JOSHUA P. MOORE Has joined the firm as a Partner 400 South Lamar Avenue Suite A Post Office Drawer 707 Oxford Mississippi 38655 ROBERT F. STACY JR. offering Civil Mediation and Conflict Resolution Services Offering mediation and conflict resolution services throughout Northern Mississippi utilizing mediation training acquired at Pepperdine University School of Law Straus Institute for Dispute Resolution. With more more than 25 years of experience taking numerous cases to verdict in both state and federal courts Robert is listed as AV Preeminent-rated by Martindale- Hubbell recognized by Best Lawyers in America in two practice areas and has been listed in Mid-South Super Lawyers consistently since 2011. Robert is a member of the Mississippi Bar Association and the Tri-County Bar Association. Telephone 662.236.8735 E-mail Mobile 662.832.1925 265 North Lamar Boulevard Suite R Post Office Box 1396 Oxford Mississippi 38655-1396 64 Spring 2015 The Mississippi Lawyer BENJAMIN E. GRIFFITH PLLC is pleased to announce the opening of his new law firm in Oxford on November 1 2014 GRIFFITH LAW FIRM Post Office Box 228 Telephone 662 238-7727 2086 Old Taylor Road Suite 1023 E-mail Oxford Mississippi 38655 Board Certified in Civil Trial Practice by the National Board of Trial Advocacy since 1994 To place a Professional Announcement please contact Krissa Easley at The Mississippi Bar at MORGAN MORGAN PLLC is pleased to welcome its newest members to the Jackson Mississippi Office CHRISTOPHER W. ESPY as part of the Firms Employee Rights Team EDWARD SANDERS as part of the Firms Personal Injury and Product Liability Team LINDSAY E. VARNADOE as part of the Firms Workers Compensation Team Morgan Morgan PLLC One Jackson Place 188 E. Capitol St. Ste. 777 Jackson MS 39201 Telephone 601-949-3388 Facsimile 601-949-3399 Attorneys Managing Partner Gregory J. Bosseler John Hall Courtney Cockrell Matthew Hetzel Andre Ducote Gerald Kucia Christopher Espy Christopher Neyland Mike Espy Edward Sanders William Wes Fulgham Lindsay Varnadoe Licensed in Florida and the District of Columbia Also Licensed in the District of Columbia The Law Firm of JACKSON ARRINGTON PLLC is pleased to announce that ROBERT W. CLARK J.D. LL.M. Master of Laws in TaxationUniversity of Florida has become associated with the firm Robert T. Jackson Sr. Derek R. Arrington Robert T. Jackson Jr. G. Neil Rogers 309 South 40th Avenue Hattiesburg Mississippi 39402 Mailing Address Post Office Box 15517 Hattiesburg Mississippi 39404-5517 Telephone 601 264-3309 Facsimile 601 264-6044 The Mississippi Lawyer Spring 2015 65 CLE Calendar of Events The following live programs have been approved by the Mississippi Commission on Continuing Legal Education. This list is not all-inclusive. For information regarding other programs including teleconferences and online programs contact Tracy Graves CLE Administrator at 601576-4622 or 1-800-441-8724 or check out our website Mississippi now approves online programs for CLE credit. For a list of approved courses check the Calendar of Events on our website. For information on the approval process for these programs please see Regulations 3.3 and 4.10 posted under the CLE Rules on our website or contact Tracy Graves at the numbers listed above. JUNE 12 UM CLE Federal Practice Procedure. 6.0 credits includes ethics. Ridgeland MS Embassy Suites. Contact 662-915- 7283. 15 NBI Boot Camp Foreclosure Loan Workout Procedures. 6.0 credits includes ethics. Jackson MS. Contact 715-835- 8525. 15 NBI Boot Camp Foreclosure Loan Workout Procedures. 6.0 credits includes ethics. Tupelo MS. Contact 715-835- 8525. 18 Sterling Education Services Inc. Land- lord-Tenant Law. 6.7 hours includes ethics. Biloxi MS. Contact 715-855- 0495. 18-19 MS Disability Megaconference MS Disability Megaconference. 5.0 credits. Jackson MS. Contact 601-968-0600. 19 UM CLE Workers Compensation Prac- tice. 6.0 credits includes ethics. Ridge- land MS Embassy Suites. Contact 662- 915-7283. 19 MC School of Law Arbitration CLE. 6.0 credits includes ethics. Jackson MS MC School of Law. Contact 601-925- 7107 Tammy Upton. 19 NBI Gun Law in MS. 6.0 credits includes ethics. Jackson MS. Contact 715-835-8525. 24 UM CLE Summer MS Municipal Attor- neys Assn CLE. 6.0 credits includes ethics. Biloxi MS Beau Rivage. Contact 662-915-7283. 24 UM CLE Criminal Law Update. 6.0 credits includes ethics. Biloxi MS Beau Rivage. Contact 662-915-7283. 26 MC School of Law Litigating the Com- mercial Trucking Case. 6.0 credits includes ethics. Jackson MS MC School of Law. Contact 601-925-7107 Tammy Upton. 30 CEU Institute Inc. The Competitive Edge Law Practice Risk Management. 2.5 credits includes ethics. Jackson MS. Contact 407-324-0500. JULY 6-8 MS Bar 2015 Summer School for Lawyers. 12.0 credits includes ethics. Sandestin Florida Bayside-Linkside Conference Room. Contact 601-353- 1703 Kellie Freeman. 8 Barristers Educational Services Patent Trademarks Copyrights What General Practitioners Need to Know. 6.0 credits includes ethics. Jackson MS MS. Dept. of Information Technology Services. Contact 800-874-8556. 9 Barristers Educational Services Lawyers at the Movies Learning from the Top 30 Legal Movies TV Shows of All Time. 6.0 credits includes ethics. Gulfport MS Lyman Community Center. Contact 800-874-8556. 10 UM CLE Mid-South Conference on Edu- cation Law. 6.0 credits includes ethics. Oxford MS University of MS. Contact 662-915-7283. 14 Barristers Educational Services Famous Lawyers Famous Clients What We Can Learn From Them. 6.0 credits includes ethics. Cleveland MS Delta State University Alumni Foundation House. Contact 800-874-8556. 14 NBI Workers Comp from A-Z. 12.0 credits includes ethics. Jackson MS. Contact 715-835-8525. 15 Barristers Educational Services Recent Developments in MS Law. 6.0 credits includes ethics. Hattiesburg MS Jackie Dole Sherrill Community Center. Contact 800-874-8556. 16 Barristers Educational Services Recent Developments in MS Law. 6.0 credits includes ethics. Natchez MS Natchez Grand Hotel. Contact 800-874-8556. 17 UM CLE Act of Communication What Can Lawyers Learn From Actors Control in the Courtroom. Ridgeland MS Embassy Suites. Contact 662-915-7283. 17 Barristers Educational Services Basic Wills Trusts Drafting in MS. 6.0 cred- its includes ethics. Jackson MS MS. Dept. of Information Technology Services. Contact 800-874-8556. 17 Family Law CLE 18th Annual Family Law CLE. 6.0 credits includes ethics. Jackson MS MS Sports Hall of Fame. Contact 662-513-0159 Carroll Chiles. 17 Sterling Education Services Inc. Advanced Workers Comp. 6.7 credit includes ethics. Jackson MS. Contact 715-855-0495. 21 Barristers Educational Services Recent Developments in MS Law. 6.0 credits includes ethics. Clarksdale MS St. Georges Episcopal Church. Contact 800- 874-8556. 22 NBI Business Contracts A-Z. 6.0 credits includes ethics. Jackson MS. Contact 715-835-8525. 22 Barristers Educational Services Recent Developments in MS Law. 6.0 credits includes ethics. Oxford MS Oxford Conference Center. Contact 800-874- 8556. 23 MC School of Law Annual CLE Marathon. 6.0 credits includes ethics. Jackson MS MC School of Law. Contact 601-925-7107 Tammy Upton. 23 Barristers Educational Services Recent Developments in MS Law. 6.0 credits includes ethics. Starkville MS Hilton Garden Inn. Contact 800-874-8556. 23 NBI Business Contracts A-Z. 6.0 credits includes ethics. Tupelo MS. Contact 715-835-8525. 23 NBI Divorce Law Common Mistakes in Dividing Assets. 6.0 credits includes ethics. Jackson MS. Contact 715-835- 8525. 24 MC School of Law Annual CLE Marathon. 6.0 credits includes ethics. Jackson MS MC School of Law. Contact 601-925-7107 Tammy Upton. 24 UM CLE Current Issues in Real EstateForeclosure. 6.0 credits include ethics. Ridgeland MS Hyatt Place. Contact 662-915-7283. 24 Family Law CLE 18th Annual Family Law CLE. 6.0 credits includes ethics. Oxford MS Oxford Conference Center. Contact 662-513-0159 Carroll Chiles. 24 Barristers Educational Services Recent Developments in MS Law. 6.0 credits includes ethics. Jackson MS MS Sports Hall of Fame. Contact 800-874-8556. 27 NBI Trusts 101. 6.7 credits includes ethics. Biloxi MS. Contact 715-835- 8525. 27 Barristers Educational Services Top 10 New Trends in Law Practice 2015. 6.0 credits includes ethics. Jackson MS MS Sports Hall of Fame. Contact 800-874- 8556. 28 NBI Trusts 101. 6.7 credits includes ethics. Southaven MS. Contact 715-835- 8525. 66 Spring 2015 The Mississippi Lawyer C L A S S I F I E D A D V E R T I S I N G QUESTIONED DOCUMENT EXAMINER Robert G. 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