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I N S I D EI N S I D E VOL. LXI SUMMER 2015 NO. 4 Roy and Nancy Campbell I Appellate Practice Section I Convention Highlights I Appellate Practice Section I Convention Highlights 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. 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 Summer 2015 5 VOL. LXI SUMMER 2015 NO. 4 PRESIDENT Roy D. Campbell III Jackson PRESIDENT-ELECT W. Briggs Hopson III Vicksburg SECOND VICE-PRESIDENT Jennie A. Eichelberger Jackson IMMEDIATE PAST PRESIDENT Eugene M. Harlow Gene Laurel BOARD OF COMMISSIONERS Jennifer T Baker Gulfport L W Broadhead Mendenhall Roy D Campbell III Jackson Melissa Carleton Union Diala H Chaney Oxford Bryant W Clark Lexington Howard Q Davis Jr Indianola Robert M Dreyfus Jr Meridian Jessica M Dupont Pascagoula Michelle D Easterling West Point John M Edwards Jr Pontotoc Jennie A Eichelberger Jackson Shannon S Elliott Brandon Laura M Glaze Flowood Eugene M Harlow Laurel Mark R Holmes McComb W Briggs Hopson III Vicksburg Penny B Lawson Vicksburg William Liston III Jackson Lawrence L Little Oxford Cynthia I Mitchell Clarksdale O S Montagnet III Ridgeland David L Morrow Jr Brandon Joseph D Neyman Jr Hernando John A Piazza Laurel R P Randall Jr Ridgeland Karen K Sawyer Gulfport James D Shannon Hazlehurst Matthew D Shoemaker Hattiesburg Chadwick L Shook Hattiesburg Scott F Slover Natchez Kent E Smith Holly Springs Susan R Tsimortos Jackson Ashley N Wicks Ridgeland Rebecca L Wiggs Jackson Ronald S Wright Ackerman YOUNG LAWYERS DIVISION President Diala H. Chaney Oxford President-Elect Jenny Tyler Baker Gulfport ABA DELEGATES Joy Lambert Phillips Gulfport W.C. Cham Trotter III Belzoni 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. Features Welcoming the 110th President of The Mississippi Bar 6-8 Interview with Chief Justice William L. Waller Jr. By Vicki Lowery 10-15 Interview with Chief Judge L. Joseph Lee By Meta S. Copeland 17-19 Ten Commandments of Appellate Brief Writing By Judge Kenny Griffis 20-22 The Balboa Method Preparation for Oral Argument By David N. McCarty 24-27 HED Continued Development of Rule for Pro Bono Appellate Counsel Highlights Appellate Practice Sections Third Year By Will Bardwell 28-30 Annual Meeting Highlights 35-47 Departments Final Disciplinary Actions 31 2015-2016 Section Orientation Session 32-33 Young Lawyers Division News 34 Committee Meeting Day 48-49 Lawyers Helping Lawyers 50 In Memoriam 51-53 CLE Calendar of Events 54 Professional Announcements 55-57 Classified Advertising 58 Special thanks to the Appellate Practice Section for providing the feature articles for this issue of the magazine. The Mississippi Lawyer Summer 2015 7 T he phone call to the fifty-three year old lawyer came directly from the Honorable Claude Clayton the sole judge for the United States District Court in the Northern District of Mississippi back in 1966. I know you dont handle criminal cases and I know your plate is full from the recent death of your senior partner and your duties as president of the school board but I need to appoint you to defend an elderly postmistress indicted for embezzlement. Known for his brilliance feared for his temperament and respected for his fairness Judge Clayton was not one to disappoint. Without hesitation the already over-burdened lawyer said that of course he would accept the appoint- ment. The initial jailhouse interview left the lawyer disconsolate. Never before in any legal trouble the sweet elderly postal employee promptly admitted stealing money to support her grandchildren recently removed from the custody of their neer do well parents. She had no defense. The lawyer explained that her only hope was to confess plead guilty and ask for mercy from Judge Clayton. At the sentencing hearing Judge Clayton was uncharacteristically sympa- thetic. He explained that ordinarily he would order probation noting that the defendants prior record was spotless that she was remorseful and that he was satisfied that she would never again break the law. However she had no job no family support and no place to live. Therefore he solemnly announced he had no choice but to remand her to the custody of the U. S. Marshal to serve a five- year prison sentence. As the marshal took her by the arm the defendant began sobbing quietly. The lawyer asked Judge Clayton for permission to address the court before the defen- dant was taken away but first requested a five-minute recess which Judge Clayton granted. Court reconvened in five minutes. The lawyer stood and told the court that he had conferred with his wife and if His Honor would allow it the defendant Roy D. Campbell III President of The Mississippi Bar 2015-2016 Continued on next page Welcoming the 110th President of The Mississippi Bar Roy D. Campbell III Jackson Mississippi 8 Summer 2015 The Mississippi Lawyer could come live with his family in their home for at least the next year and that he personally would find the defendant suitable employment. After recovering his composure Judge Clayton withdrew his order placed the defendant on probation and she left the courtroom with her court-appointed counsel. The defendant found employment and went on to lead an exemplary life later becoming the legal guardian of her grandchildren. Much is wrong with our profession. Fees are too high for most middle and low-income Americans. Lawyers do not enjoy the respect that we had from the public fifty years ago and that loss of stature may be the reason law school applications have decreased. But there is and I believe always will be an aspect of our profession that will remain the same. It is an ideal that is reflected in that true story of that indigent defendant and her court-appointed counsel. That ideal is powered by our belief that doing good is better than doing well. That ideal is based on an understanding that whether we are earning more than or less than we were 5 years ago each of us is blessed with a life of relative luxury with opportunities unknown to many. That with those opportunities come responsibilities to make our local communities our state our country indeed our world a better place. Some call what I am talking about the transformative power of the law. I call it the transformative power of the profession. It is reflected in our ability as lawyers to alter the course of not just an individual but of entire communities by providing a voice for the voiceless. It is an ideal found in lawyers in every part of Mississippi and in every practice area. Some may be focused on civil rights. Others may be working on eco- nomic development or fighting crime. Some of you defend the rights of children. Others defend the rights of the homeless. You work in and with legal aid organizations and nonprofits or are just as likely to work as public servants solo or small firm practitioners or as corporate lawyers. Some of you will spend your entire careers in the courtroom while others will never set foot in one. However we all share a common commit- ment to our self-imposed professional obligation to give something back to our communities contributing our time to those without means and without the breaks that have fallen our way. It is all of those things that allow us to call what we do a profession and not a business. The ideals of our profession will transcend changes in the day-to-day practice of the law. Just as the precepts of the Magna Carta have survived the past 800 years long after LegalZoom Rocket Lawyer and even Google have ceased to exist lawyers in Mississippi and elsewhere will still be providing voices for the voiceless. Few of us will ever ask our families to give up a bedroom or add a chair at our dinner tables for a pen- niless client but each of us will seize other opportunities to prove our worth as professionials. It may be giv- ing up two hours a month to the Mississippi Volunteer Lawyers Project. It may be volunteering an afternoon for Wills for Heroes or A Lawyer for Every Classroom. Or maybe it is simply putting 20 in a Salvation Army kettle with no expectation of taking a deduction. Call it pro bono publico paying it forward or doing unto others . . . . Whatever label one chooses you all do it one way or another. Laws will change the practice of law will change but our professions selfless commitment to those in need will remain constant. That is the message that I hope we can continue to communicate to the newest members of our profession and to the public. Larry Houchins Melanie Henry and the Bars superb staff remain hard at work at the Bar Center ensur- ing that your new officers do nothing to disrupt their well-oiled machine. Watch the weekly Bar Briefs for dates and places of upcoming events and seize opportunities to volunteer your experience and your expert- ise. A small investment will make a huge difference in the life of someone less fortunate. I Welcoming the 110th President 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. 10 Summer 2015 The Mississippi Lawyer VLL What is your approach to judg- ing and how does it differ from other judges you have worked with WLW Lets keep in mind that at the appellate level you are dealing with a multi-judge court. I like to think about it in terms of what we all know as the golden rule do unto others as you would do unto yourself. As to the litigants we judges should give our full attention to what they have written we should read the record and in our opinions we shouldnt say anything that would be con- sidered critical or derogatory of the attor- neys or the clients. Then the time aspect is important. We should give immediate attention to the case. We should follow ustice William L. Bill Waller serves as Chief Justice of the Mississippi Supreme Court. Chief Justice Waller has been a member of the States highest court since 1996. He was re- elected in November 2004 and in November 2012. He served as a Presiding Justice from January 2004 until December 2008. He became Chief Justice in January 2009. J An Interview with Chief Justice William L. Waller Jr. Mississippi Supreme Court The Mississippi Lawyer Summer 2015 11 the internal deadlines of the Court so that the litigants do not have to wait any longer than necessary and we should be mindful that in todays world especially time is money. Then applying those same principles to fellow judges on the Court you want to be deferential to your colleagues. If the case is assigned to me I want to make sure that I meet deadlines so that my colleagues have the same amount of time that I had to review the case to deliberate and to write. If I am writing a dissent the way I would want to be treated is that I would like one of my colleagues to come talk with me first about the points of con- tention and give me an opportunity to respond. And in the opinion whether I am writ- ing a dissent or a majority opinion I am respectful of my colleagues. I do not say things that are caustic or derogatory. I do not try to bring in things that are not in the record. I do not try to be cute. I do not try to slip in unnecessary phrases. What I like to see when I am reading an opinion is something that is as concise as possible has the facts stated correctly and has the best law. That is the way I would want to be treated that is the way my colleagues want to be treated. In my opinion you can encapsulate appellate judging or really all judging as fair effi- cient and independent. If a judge follows those principles the opinions will be accurate and on time and they will be free from outside influence. That is my judi- cial philosophy. I am not going to say it is different from anyone else. But if judges abuse anything it is time. Litigants have deadlines they have to meet. By contrast some judges feel like the whole world needs to wait until they are ready to do something. That is just not an appropriate view. It is something that I too have to fight against. VLL What do you enjoy most about being a judge WLW I like all of it. As Chief Justice I like the administrative responsibilities working with the Legislature and working on rules changes so we can have the best law. I like reading cases trying to deci- pher the facts and figuring out what the best solution is. VLL What is the hardest part of being a judge WLW The death-penalty cases are just horrendous. When we get a motion from the Attorney General to set an execution it is literally a twenty-four-hour-a-day oper- ation to determine whether the execution will happen. The Attorney General as the prosecutor moves to set the execution and then the Office of Post Conviction Counsel will file a successive petition for post-conviction relief. The petition may literally be a foot thick. You have to get responses and a lot of them are nuanced with expert opinions. And there is high tension. Some say capital punishment is the perfect punishment because it is over it is complete. But on the other hand it is very delicate and sensitive because it is the end and there is no rehearing once that process is over. VLL What are the common mistakes that lawyers make in handling an appeal WLW I would start with the trial. I think that in almost every case you have a situa- tion where an error was not preserved where there was a conference of critical importance that was not transcribed where there was something that was not Continued on next page Interview conducted by Professor Vicki Lowery Mississippi College School of Law 12 Summer 2015 The Mississippi Lawyer An Interview with Chief Justice William L. Waller Jr. designated as a part of the record that should have been. If a different attorney handles the appeal you cannot control what happened at the trial level. And I am human like everybody else. I have made the wrong objection. I understand how mistakes happen. But I think for a good appeal you have to have a good trial. But here is what you can control. We see with more frequency than we should that lawyers fail to check the record. And it is very frustrating when attorneys seek leave to supplement the record with something they should have seen to start with. Sometimes they do not figure it out until they are way into briefing so they may not get to supplement the record. If you are going to file an appeal you have got to check the record when you designate it. The time to fix an omission in the record is really in the trial court. You may have to ask the court reporter to transcribe a motion hearing or suppression hearing or whatever. At the start make sure you have gotten everything that you need in your record. We have more problems with that than I would like. Then when writing the brief an attor- ney needs to put his or her best foot for- ward. Whatever the litigants position is it needs to be clearly articulated. Appellate judges have a lot to read. If you know what your message is that is what you need to lead with. It needs to be strong and it needs to be out front. Now what you think is the most important issue may not be what the appellate judges think is the most impor- tant issue so to some extent you have to include additional issues that you think the appellate judges may think is impor- tant. If you preserved the error and there is some law on it I would err on the side of including issues that you think may matter because if you do not the appellate courts cannot take them up. We see what the best law is. I think that practitioners should not be caught with us finding a code section or case that they have not found. Todays practitioners are busy with phone calls emails clients trials motions and running offices. It takes a different hat to prepare and file an appeal and it does not necessarily fit into that kind of schedule. I recommend to any practitioner that does not have time to handle an appeal consider associating someone who does appellate work on a daily basis. If it is question of research a practitioner may want to consider hiring a law student to help. In the briefs it is just so important to be concise not unnecessarily verbose. You want to have as little in there as you need to accomplish whatever points you want to make and explain the best law. You can miss a case and no one is going to jump up and down. But if you get a fact wrong that kind of mistake affects the readers perception of the whole case so it is really important to make sure that the facts are absolutely supported by the record. VLL When a case is before the Mississippi Supreme Court how important is a lawyers credibility WLW Well I do not think it is necessar- ily important unless you are really dealing with someone who has been sanctioned or something like that. I would say that if the facts are there and the law is there that is all you can do. We may have a more crit- ical eye if we find that the facts have been misstated or if we think liberty has been taken in expounding on a case that may not say what the lawyer claims it says. Once that line is crossed there would certainly be some skepticism on our part or the standard of review may be a little higher. VLL What is the most serious chal- lenge to our justice system today WLW Time is very important. Ensuring a fair independent and efficient judiciary is important. I will give you some exam- ples. If the public does not believe that justice can be obtained in the court system then they are going to do something else. For example if people were satisfied with the court system we would not have mediation and arbitration. I am not sure that we have really moved away from typewriters and carbon paper. I am not sure that we have figured out a way to take advantage of the tech- nology that we have today. You can merge two Fortune 500 companies quicker than we can get an opinion out sometimes. I am frustrated about that. And I am sensi- tive to the costs. It is so expensive for an appeal. We have to constantly be think- ing about what we can do to make the sys- tem more responsive to the public that needs it. Otherwise the courts will become criminal courts because those litigants cannot go anywhere else. Take the flip side of that our country was founded on the rule of law and not the rule of man. By that I mean you have to have constan- cy in the law predictability in the law. Otherwise commerce cannot flourish and people do not have any assurances about their property rights. We have to be very careful about med- dling with the law. Once lawyers cannot predict what the law is then the public cannot be sure about what the law is so it can really lead to a fundamental break- down. We need to be very careful about changes in the common law and the way we interpret things. Law has to be rele- vant but you also have to keep in mind that it has to be fair efficient and inde- pendent. LACOSTELACOSTE ARCHITECTARCHITECT JAY LACOSTE CONSTRUCTION PREMISES LIABILITY 2349 TWIN LAKES CIRCLE 601 981-2853 JACKSON MS 39211 VIVIZODAOL.COM The Mississippi Lawyer Summer 2015 13 An Interview with Chief Justice William L. Waller Jr. VLL What are the particular attrib- utes of an effective brief WLW Let me preface my answer with some comments about an initial appeal. In the system that we have with a deflec- tion court the Court of Appeals is designed to be an error-correction court. The Supreme Court is designed to decide cases in certain categories like death penalty annexations utility rates attorney discipline and judicial discipline. But once you get past categories our job is interpretation. One of the things that a practitioner needs to recognize on the front is what kind of case he or she has. If it is one that involves interpretation a first impression case or a case where the attorney believes we have divergent lines of authorities that seem to say two differ- ent things the attorney needs to be very up front about that. If the attorney wants oral argument then he or she should explain why. For example this case includes an issue of first impression with respect to whatever it is. That will help them get into the right Court. In our screening process we try to make sure that interpretation cases are kept here. We sometimes miss them. Attorneys sometimes fail to tell us up front what kind of case it is. We do not have time to read every line in the brief during the screening process. We have to scan the facts look to see what the issues are and make a determination. It would help the system if attorneys made sure we know what kind of case it is. Even if it is an error-correction case we can retain those cases too if the lawyer says that this case is a matter of great pub- lic importance like the cases involving gubernatorial pardons or the Katrina cases. In summary here is what we need the right facts the best law said as con- cisely as possible and some statement telling us what kind of case it is. VLL Is there a part of a brief that you consider most important WLW Personally I like summary of the argument. I think if you can encapsulate all of that information into the summary of the argument. If you do you will get my attention and I will look at the whole brief. If you do not get my attention there I am not going to say that I will not look at the whole brief but it may take me awhile to get to the real issue or to find something that you think is important. Summary of the argument basically directs me to what is important in the case. VLL What common mistakes do you see in brief-writing Continued on next page 14 Summer 2015 The Mississippi Lawyer An Interview with Chief Justice William L. Waller Jr. WLW Well that would be the inverse of what I was just saying. We have a lot of problems with failure to designate the record critical parts of the record not being transcribed exhibits not being pres- ent. There are times when we can have the record supplemented but I think the gen- eral philosophy is that it is the appellants case or the appellees case. If they have not put whatever is so important into the record then we should not go back and get it. Also I see with increasing frequency that attorneys are citing things on the internet. That is okay for some second- ary sources. But if you are citing some internet source for a proposition of fact and your internet source is dated at some point after the trial then I am not looking at it because it was not before the trial court. I think younger attorneys have a tendency to grab something off the inter- net and stick it in the brief as an authori- ty when in fact it may not be an author- ity about anything. We also see attorneys wanting us to take judicial notice of things. Well I guess we can and we sometimes do. But that really should have been done at the trial court because that is where your fact-finder was that is where objections were supposed to be made. Not stating issues correctly not iden- tifying what is so important about the case and not explaining those points well in the summary of the argument those are some of the more common mistakes I see attorneys make. If it does not look like the attorney has taken time to pro- duce a good product then we may not take the time to read it. VLL Can bad writing lose a case and can good writing help win a close case WLW I dont know that writing style makes any difference to me. If it is not written very well but the points are being made and the law is cited then that is fine with me. I am not looking for something that is going to be published as a law review article. I am trying to look at content. VLL How important is oral argument to the judicial decision-making process WLW We have a lot of oral argument and it is not unusual for us to go two hours in it. I think it does assist in decid- ing cases and we do change our minds sometimes. I think it helps flesh out ideas particularly in the interpretation cases when we hear an oralist who responds to questions and we can test their position on a case or a statute. Also they can explain why we should follow a particular interpretation or why we should adopt what another state has done or not done. I think a well-articulated oral argument is very helpful. What is not helpful is what I call a jury-type of argument where you make allusions to this being the most unfair thing that has ever happened or some argument that the taxpayers do not deserve this. Those arguments may work with juries though I am not sure they even work with juries but they sure do not work with the justices. We are not interested in hearing that. When an attorney goes to argument he or she real- ly needs to be prepared needs to be familiar with the relevant cases and authorities and needs to be ready to dis- cuss them. Do not spring cases on us that we have not read. VLL Would you share some recom- mendations for presenting a good oral argument And common mistakes to avoid WLW I think that one thing to avoid is going into the facts. We have already read your facts. We are familiar with the case. What is really paramount is to decide what you think are your three best points. Start with your best point because our Court is a hot bench. You may get a sen- tence or two out and that may be all that you have. Once you have finished answering questions and even though you have not even started on your prepared remarks you may be asked to sit down because your time is up. Now on the other hand if you think X is your most important argument and sev- eral judges are raising concerns about Y then you need to address Y not X. If it seems that only one justice is interested in Y that gets more difficult. You may have to diplomatically get to your best point because you are trying to get five votes not one vote. In my experience there is usually more than one issue and there is usually more than one justice asking questions about a point that may not have been your top point so then you need to pay atten- tion what the judges are asking and try to answer the questions posed to you. Try not to look offended because they are get- ting you off-script. If an attorney has a question from a justice he or she needs to respond to that justice. If I ask a question I like the attorney to look at me when he answers the question. It is not a big deal. No one is going to lose a case over this. But I think it is a matter of deference and respect. We are all human. If the person argu- ing says Justice Waller Im glad you asked that question. Well everybody likes to hear their names and what works even better than that is if you can cite his or her cases. Justice Waller in Smith v. Jones you said this. That is pretty 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 Summer 2015 15 An Interview with Chief Justice William L. Waller Jr. good. There would not be many of my cases that attorneys want to cite to but I think being able to recall the justices names and being able to recall their opin- ions has persuasive effect. If an attorney is relying on a Justice Randolph opinion and a Justice Dickinson opinion the attorney needs to read those decisions very carefully. Those justices are likely going to be asking questions about those opinions. By referring to the justice who authored the opinion you show that you know the decisions you know who wrote them you know what the precedent is you know what the facts are and you know how to distinguish those cases. That would give somebody a little edge if they could figure out how to do that. I just thought of something else that is a big mistake that attorneys make during oral argument. This is really troublesome to me. When they get to oral argument they start citing cases that are not in their briefs. It seems like it happens more in criminal cases than civil cases though that is not to say it does not happen in civil cases. Here we read the briefs and we read the cases. Going back to my golden rule it is not good when attorneys are citing cases that we have not seen. I realize that when someone writes a brief it is not unusual that it is six months later when they are preparing for oral argu- ment. They may be looking at it the day before. If there is a new case we want to see it. All you have to do is supplement even if it is the day before argument or the morning before argument. But often it is not a new case. It is a case that they should have had to start with. That really goes to credibility more than anything. This attorney really has not done his or her due diligence and looked at the facts of this case and the law. VLL What is the best use of rebuttal time in oral argument WLW We probably have better rebuttal than we have direct. But I think that when an attorney comes up for rebuttal what is really effective is to say Your Honor my counsel opposite covered three points. Im going to cover the third point first and work backwards. The interesting thing about that is more than likely if counsel opposite did list his or her points one two and three then num- ber one was his most important point. If you start distinguishing point number three you can do that better than you can distinguish point number one. It is a good way to tear down the other attor- neys argument. And the judges have just thought about point number three. Instead of Your Honor I want you to lis- ten to my point you should actually use rebuttal to respond to counsel opposites points three two and then one. VLL Thank you Chief Justice Waller. That concludes our interview. I 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 16 Summer 2015 The Mississippi Lawyer ......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. The Mississippi Lawyer Summer 2015 17 MC Judge Lee what is your approach to judging and how does it differ from other judges you have worked with JL I am not sure that my approach dif- fers at all from other judges. I would probably put it twofold I would say col- laboration and listening. When I talk about listening and collaboration that means I not only confer with my fellow judges that I not only listen to the lawyers whether it be in oral argument or in written briefs but I also listen to my law clerks. They are very competent and udge L. Joseph Joe Lee serves as the Chief Judge of the Mississippi Court of Appeals. Chief Judge Lee has been a member of the Court of Appeals since 1999. He was re-elect- ed without opposition in 2002 and 2010. He was appointed as Presiding Judge of the Court of Appeals in 2004 and became Chief Judge in March of 2011. J Continued on next page An Interview with Chief Judge L. Joseph Lee Mississippi Court of Appeals Interview conducted by Professor Meta S. Copeland Mississippi College School of Law 18 Summer 2015 The Mississippi Lawyer Interview with Chief Judge L. Joseph Lee certainly capable. So I can just say to sum it up collaboration and listening. MC What is your role as Chief Judge of the Mississippi Court of Appeals JL My role as Chief Judge is in essence being the leader as we call it among equals. And that is to say I am the spokesperson. I am responsible for administrative affairs and I preside over all en bancs. I have the responsibility for ensuring the Court conducts its business in a timely uniform and professional manner. These administrative responsibilities are in addition to being an active voting mem- ber of the Court with the same workload as our other nine judges. MC What are common mistakes that lawyers make in handling appeals JL One of the most common is failure to proofread briefs for accuracy and grammatical errors. Let me just say this if a lawyer presents a brief that is shab- bily written that indicates to me that this lawyer is not attentive to detail and cor- rectness. It is really fatal for a lawyer to misstate the facts of the case by taking something out of context and using an excerpt to try and mislead the Court additionally having an erroneous cite. And so what I would say is research your issues stand behind them if they are good and valid. If not do not try to mislead the Court because we are going to double check your briefs and arguments. MC When a case is before the Court of Appeals how important is a lawyers credibility JL A lawyers credibility is paramount in any court whether it is the Court of Appeals or whether it is a justice court county court any trial court or whether it is in the day-to-day office practice of dealing with other lawyers. Credibility is of utmost importance. I cannot say enough about it. I have very little patience with a lawyer who deviates from reputable practice and chooses to engage in conduct that is unbecoming of a lawyer. MC Judge Lee in your opinion what are the particular attributes of an effective brief JL First of all we do not grade them by the pound or the pages. If it requires a number of pages to state your position so be it. Please do not be unnecessarily repetitive saying the same thing four or five times we get it. If a brief is mean- ingless if the issues presented really are not valuable and we have to read that you can imagine that is not going to go very far with us. We get a lot of pro se briefs from prisoners. If they have a valid issue we are going to review it notwith- standing that the brief may not be as elo- quent as one prepared by an attorney. Also some briefs are overly flowery and voluminous but really say nothing. They are not very impressive. In essence to have an effective brief say what you mean and mean what you say in clear concise language. MC Is there a part of a brief that you consider most important Why JL I think all aspects of a brief are important. On the Court of Appeals our responsibility is to take the facts of the case and apply the law as enunciated by the Supreme Court. In a perfect world we already have the law to follow all we have to do is make sure we have got the facts correct. However it does not always work that way. Although reserved for the Supreme Court we do on rare occasion get cases of first impression. We really have to do some digging on these cases. In summation it is important that briefs have clear concise recitation of facts together with accurate citations of the law. MC What common mistakes do you see in brief writing JL Well there are several. First is the failure to proofread for grammar and erroneous citations. Second when the parties ask for oral argument the Rules specifically state that they should give a brief statement as to why oral argument would be beneficial to the Court. More often than not the attorneys merely put a statement on the brief saying oral argu- ment requested or oral argument not requested. Some judges will not grant oral argument if the parties fail to follow the rule. I look at the briefs and if I deem oral argument would be beneficial then I usually grant. Go back over your brief several times. We do. In fact when I am reading briefs I will sometimes mark through them or put typos or correct them out of frus- tration. And of course misrepresentation that is an absolute fatal error. No mat- ter how painful it may be always be hon- est in your brief. MC Can bad writing lose a case and can good writing help win a close case JL Well you would like to think not. You would like to think that with good or bad writing the facts of the case and the legal issues are paramount and that somehow we are going to weed through everything and come up with a just and correct decision. And that basically is the case. Now lets talk about a close deci- sion where good writing might prevail. Lets talk in terms of a chancery matter where the chancellor has been given the task of making a decision in equity. It is not a clear-cut legal issue they have to make a decision one way or the other based on the facts. In chancery practice for instance there are lots of cases that establish guidelines that a chancellor is to follow. As an example if it is a custody matter we have what we call the Albright factors. If it is a division of property we have the Ferguson factors and so forth. If you are presented with a brief that is very good and very convincingly shows that the chancellor missed it in following the factors then yes. In that instance a good brief can prevail. That is an exam- On the Court of Appeals our responsibility is to take the facts of the case and apply the law as enunciated by the Supreme Court. The Mississippi Lawyer Summer 2015 19 Interview with Chief Judge L. Joseph Lee ple of a close question. If it is a clear-cut matter of law if it is a time bar if it is something that notwithstanding good or bad writing is clearly a matter of law then we are going to follow the law. But in these other instances where there can be a misrepresentation of factual issues good brief writing can carry the day. MC How important is oral argu- ment JL Some would say not at all. I have heard some judges say they do not care for oral argument. However I think in certain instances it can be very benefi- cial. Let me tell you how. First of all these cases are real and they affect peo- ples lives. And they want their side of the story to be heard all the way through. Second of all lawyers have a tendency to cram lots of things in a brief whether they are meaningful or not. When those lawyers who have as we say shot- gunned the issues are put to the task of defending these issues in oral argument they soon realize the fallacy of their argu- ment. And their clients who have every- thing at stake in this have an opportunity because of the dialogue between the lawyers and the judges to have a better understanding as to why their case was ruled on the way it was. MC Would you share some recom- mendations for presenting a good oral argument JL You have heard of Ps and Qs well lets just call this remember the Ps. First of all I would say be prompt. We have had occasions where oral argument was delayed because the lawyers were not present either being tied up in traffic or some other reason. Now it does not hap- pen often. But I would first of all say be prompt in not only submitting your briefs but in attendance to Court do not be late and cause the system and all else to be unduly delayed. Be prepared. It is disheartening to hear a lawyer stand up in oral argument and say Well your Honors I am here today but did not have anything to do with this case at the trial stage I am just here on the appellate level so I do not know about this or that. It is absolutely disheartening to hear the lawyers say they do not know about the law regarding their case rest assured you are going to be asked. You are going to be asked about the facts as well. So as any good scout will tell you always be prepared. Now what is another P I can use I would say be persuasive. I find some lawyers are more persuasive in their argument because they truly believe in the case. It is readily apparent to members of the Court when lawyers strongly believe that they are right in their positions and vigor- ously defend those positions. What else could I say that is a P Well I would like to say be polite. I do not know how many people have ever bothered to look up the definition of politeness but I can assure you that if you are polite you are going to encompass the entire spec- trum of being a good person. Politeness means showing good manners showing respect for other people simple courte- sies and deference to the Court. So lets recap. Lets take four Ps be prompt be prepared be persuasive and be polite. MC What is the most common mis- take you see in oral argument JL That is easy. The common mistake is being unprepared because we judges are going to be prepared. We have read the briefs and the record and more often than not we are more familiar with it than sometimes the lawyers are. Also know the law. Because we are going to research it and when we come to oral argument we are going to know what the law is. How do you expect to convince us if you do not know the law So I would say be prepared to defend your position by fully knowing the facts of your case and the applicable law. MC What is the best use of rebuttal time in oral argument JL Exactly what it says rebut the appellees argument and keep it confined to that. Do not go back repeating what you have already said ten times over. Once the appellant presents their case and the appellee gets up and presents their case then rebuttal should be confined to any statements or anything that was said during the appellees argument. MC What is the most serious chal- lenge to our justice system today JL Succumbing to political influence. It is sometimes difficult to follow the law and to maintain the separateness of the judiciary when you are confronted with overwhelming political pressure to the contrary. But it must be done. It must be done to preserve the integrity of the sys- tem of the law and the preservation of a fair just and democratic society. MC Judge Lee thank you very much for your time.This concludes our interview. I 20 Summer 2015 The Mississippi Lawyer Commandments of Appellate Brief Writing The Mississippi Lawyer Summer 2015 21 A lawyer is a professional writer. As such every lawyer should constantly try to improve his or her writing skills. Here are my ten commandments of appellate brief writing. 1. Only appeal the case that merits appeal. Not every case merits an appeal. The decision to appeal a case should be based on a review of the case as it was tried updated research on the possible issues and then a careful analysis of whether you may be successful on appeal. Ask these questions What do you expect to happen Why all this effort Why should you win 2. Put yourself in the position of the appellate judges. Think of the Golden Rule Do unto others as you would have them do unto you. What would you do if you were the appellate judge Write the brief as if you were the judge who decides the case. 3. Every part of a brief is important and deserves careful attention. Mississippi Rule of Appellate Procedure 28 is very specific about how to format an appellate brief. Carefully read this rule and do your best to comply. Do not forget the Table of Contents. As a reader I am thrilled to see a Table of Contents that includes the descriptive headings used in the brief to tell the story and outline the case. Also a detailed table of contents is an excellent reference guide to write an opinion. 4. Give the Court the history and nature of the case without confus- ing a Statement of the Case with a Statement of Facts or Argument. Too often a briefwriter simply com- bines the statement of the case with the statement of facts or the argument. Rule 28a4 requires that the statement of the case shall first indicate briefly the nature of the case the course of the proceedings and its disposition in the court below. There shall follow the statement of facts relevant to the issues presented for review with appropriate references to the record. It is helpful to the reader to understand what the case is about how it got to the court and how the trial court resolved the matter before you move to the facts. 5. Select a limited number of issues for appeal and state them in terms of the concrete facts of your case so as to suggest the results desired. riefs are written for one audience and one audience only judges and their law clerks. They have the most limited readership of any professional writing. Judge Ruggero J. AldisertB By Presiding Judge Kenny Griffis Mississippi Court of AppealsContinued on next page Ten Commandments of Appellate Brief Writing 22 Summer 2015 The Mississippi Lawyer There are very few appeals that merit 15 to 30 issues. Most appeals with 3 to 5 issues are very effective. If you have 13 issues by all means include them in your brief but please prioritize the issues. No points are awarded to the party who cites the most cases. Also please do not use large caps or single-spaced for- mat for your statement of the issues. 6. State the facts persuasively from your point of view but with com- plete fidelity to the record. I expect each brief to advocate the partys position. It is awkward when the opposing party points out how you departed from the record in your persua- sive writing. Please do not turn the state- ment of facts into fiction. If the appellant accurately states the facts the appellee is not required to restate the facts with a slightly different twist. It is very effective for the appellee to zero in on the inaccuracy of the appel- lants statement. 7. Argue your points in order of strength and argue vigorously again with complete fidelity to the record. The strongest issue should be first unless there is some reason not to put it first. 8. Reveal and cope with adverse authority as required by the Rules of Professional Conduct and com- mon sense. Most issues are resolved by reference to two or three cases. Cite those cases early and argue the cases thoroughly. Try to use the main cases as much as possible. For example cite a meaningful case for the standard of review. 9. Try to write in an interesting way that is clear and understandable. Every brief tells a story. Try to tell the story so that the reader will find it inter- esting and compelling. 10. Sum up your arguments and tell the court the precise relief sought. Too often the appellant will end the brief asking that the Court reverse the case. If the reader agrees please do not leave the reader to ask Reverse and do what It happens a lot. The more the words the less the meaning and how does that profit any- one Ecclesiastes 611 NIV I Ten Commandments of Appellate Brief Writing The following attorneys are recognized for Excellence in the field of Alternative Dispute Resolution The following attorneys are recognized for Excellence in the field of Alternative Dispute Resolution 24 Summer 2015 The Mississippi Lawyer The Balbo Prepara Oral Ar By David N. McCarty The Balbo Prepara Oral Ar The Mississippi Lawyer Summer 2015 25 a Method tion for gument Continued on next page a Method tion for gument 26 Summer 2015 The Mississippi Lawyer The Balboa Method Preparation for Oral Argument The capstone of any lawyers career is presenting an argument before our appel- late courts. A good argument can put one last jolt into a position before the Court rules. A bad argument can doom it. A galaxy of books articles CLEs and moti- vational speakers can tell you how to best present oral argument. All of it is utterly worthless if you are not prepared when you step to the podium. Oral argument does not start with knowing how to smoothly transition between questions and responses or con- tinuing to hammer on your theme or respectfully and completely answering the questions from your Benchall essential when you are at the podium. As Mickey would tell Rocky you can know all day long how to throw a punch but if you are too tired or too weak it does not matter. Only through building muscles through preparation can you successfully present argument for a client. Over the years I have developed the following methods to prepare for argu- ment. 1. Mickeys Rule plan to spend one hour of preparation per minute you will spend at the podium. Boxers might need to train 1000 min- utes per minute in the ring but lawyers cannot spend ten hours a day on the same case for ten weeks. Yet we must still heav- ily prioritize oral argument. An attainable goal is spending one hours preparation per minute that you expect to spend at the podium. My personal schedule begins two weeks before oral argument. If I am at the Mississippi Supreme Court or Court of Appeals there will normally be 30 min- utes allowed for argumentalthough at times the Court allows that time to extend much longer. This means that it will take me at least 30 hours to get ready. Budget two to three hours per day over the two- week period to prepare. Put it on your schedule and respect it. 2. Chasing chickens know exactly what you are doing when you are pre- paring and balance time accordingly. Rocky did not understand why Mickey had him chasing chickens in an alley. It was meant his trainer said to get his speed up to accelerate his reaction time. As a lawyer there are a few points that will be assumed two weeks out from argu- ment. First you will be ice-cold on the case. Briefing will have concluded at least 100 days before the argument if you are in state court. Spend the first eight or so hours re-reading the briefs reviewing and absorbing the case law. This work is most- ly solitary and should be reflective. There is no such thing as wasteful repetition studying the case law will never make you weaker. Failing to do this necessary strength building will only lead you to feeling like a Kentucky fried idiot at the podium as Mickey would have said it. Secondly after this core-building your focus needs to shift to a moot court. Work with a team of three people in reviewing flaws honing strengths and toughening yourself against probable questions. This work must be done in a team environment or you will not learn as much. Only a real team of coaches will push you to perform better for your client. Once you get a team set three to four practices with them of about an hour each. This provides enough time to go through at least one mock argument and to debrief. or a 45 minute fight you gotta train hard for 45000 min- utes45000 Thats ten weeks thats ten hours a day ya lis- tenin And you aint even trained one Mickey Goldmill to Rocky Balboa in Rocky 2F By David N. McCarty Past Chair of the Mississippi Bar Appellate Law Section The Mississippi Lawyer Summer 2015 27 The Balboa Method Preparation for Oral Argument 3. Pick who is in your corner. Rocky had Mickey a curmudgeon who hollered at him cussed him threw things at himand wanted him to suc- ceed. There was nobody better at that than Mick. You will need three of him. In my experience other lawyers add little value to your training even if you share the client. They rarely are on fire for the law. Law students are hungry. They care about case law they care about details they want you to succeed. You must have an impartial intelligent and critical moot court team and carefully-chosen law stu- dents can fit that role very well. There is an important caveat. You have to burn your ego. There is no room for it when there is a 3L young enough to be your child role-playing a justice yelling at you for not knowing the facts of your main precedent. Humble yourself and go with it. Rocky eventually had more money fame and looks than old Mick. Yet he acknowledged the unique position he was in by having a trainer. There are things you are going to know that your students do not. Keep it to yourself. Duck your head and do the reps. In the past year I have presented argu- ment multiple times at the Mississippi Supreme Court and Court of Appeals and have also argued at the Fifth and Eighth Circuits. My core team during this time has been three students from Mississippi College School of LawCandace Bowen Kasey Mitchell and Adam Porter. After dozens of hours together I know that this brilliant trio has my best interests at heart. I also know that they will be merciless in pushing me to get better. It took effort to get to that pointboth for them to have the comfort to yell at me and for me to push down my pride to listen. 4. Know your flaws. Mickey taped Rockys dominant hand down so he could strengthen his weaker punches. The trainer knew the boxer had a weak left-handed jab and needed to shore it up. Rocky hated the exercise and did not see the pointbecause he did not recognize he had a weakness in the first place. For this reason my first practice is not a live exercise at a podium. It is a table read where I meet for the first time with my team. We sit down and rough out where we are strong and where we are not. My first question is always the same wheres my weakness They always see one that I either do not know I have or that I have refused to acknowledge. Ignore a diagnosis of weakness at your peril. In training for one argument my team kept insisting that we had a problem with damages. I refused to listenin fact at one point I even told them to quit ask- ing questions about it and do what I told them to do. I let my ego get in the way. I did not see damages as a vulnerability. They did. A few days later I walked to the podi- um on High Street and got battered on damages. I had enough training to respond to the questions but was shocked that it was a key focus of the entire argu- ment. I was surprised. My moot court team was not. I quit fighting with them after that. 5. Make this argument your title shot. In the past before I went to the podi- um I internalized that immediately after- wards I could be smacked by a car while crossing Canal Street for lunch at the Bon- Ton. The last impression I left on this earth would be a digital file of what I said after walking down the Great Hall at the John Minor Wisdom Courthouse in New Orleans. With our States appellate courts that memory would be heightened by recent advancements in their recording techniques a high-definition video on YouTube livestreamed and then preserved for colleagues clients family and Facebook friends to see. My personal goal used to be just that I would actually present argument at the Mississippi Supreme Court. I felt like that would mean I was a real lawyer. After the first time I wanted to go againbut do better. After the second time at the Court of Appeals I wanted another shot to get quicker on responses. After a long 20 minutes one morning in New Orleans I wanted to go back to name all the cases I knew but could not manage to get out. Then I got a schedule and a moot court team. After that my focus changed. It was no longer that this could be my last argu- ment but that it might be the best chance for my client to prevail. It was not a tomb- stone but a title shot. The focus was no longer about me as an individual but about how I could best train to honor my time in the well of the Court. When I walk away from the podium now it is often with blood down the front of my shirt. Before that actually caused me griefthat I had taken a punch or missed an opportunity to respond. I only focused on the failures. Now my concen- tration is on preparing and honoring my clients case and the Courts time to the best of my ability. There are many times I do not prevail. There are better lawyers than I am there are weaknesses I might not perceive there are details from cases that I will forget. That does not change that through my preparation I can strive for the best possible result. Some might protest that clients will not pay for this type of preparation. Indeed some clients will not. If they do not eat the time cut the bill. This is about becoming the best advocate you can be. Let that be the goal regardless of whether every minute is compensated. Make your next argument and every one a title shot. I 28 Summer 2015 The Mississippi Lawyer The Mississippi Lawyer Summer 2015 29 The section is currently fine-tuning a proposed Mississippi Rule of Appellate Procedure that if adopted by the Supreme Court will provide a mecha- nism for the Court to appoint pro bono counsel in the states two appellate courts. The rules do not currently pro- vide for the appointment of pro bono counsel in appeals. Many people have worked very hard on this rule and we think it could really help further the Bars mission of provid- ing greater access to our judicial system for people in our state says David McCarty the Appellate Practice Sections current Chair and owner of a solo practice in downtown Jackson that focuses mostly on appeals. Once the section finalizes its propos- al the draft will be submitted to the Mississippi Supreme Court which is charged with adopting all changes to the Rules of Appellate Procedure. A system of pro bono appellate coun- sel was one of the early goals for McCarty and Michael Bentley two Jackson lawyers whose appellate work figures heavily into their practices. McCarty is a former law clerk to the Hon. James E. Graves Jr. then of the Mississippi Supreme Court and Bentley clerked for Judge Leslie Southwick on the Fifth Circuit Court of Appeals. In one of our earliest conversations Michael brought up the fact that many times people are unrepresented by coun- sel during an appeal McCarty said. We talk a lot about how appeals especially need careful attention by experienced lawyers and the idea of folks having no lawyer at all has really bothered me. Bentley and McCarty were part of a group that petitioned the Mississippi Bar Association in 2011 to create the Appellate Practice Section which offi- cially opened for membership in 2012. It is the Mississippi Bar Associations 16th practice section. Appellate litigation has become a distinct practice area which requires developing skills that are different from those that are required of a general or trial court litigator said Bentley a part- ner at Bradley Arant Boult Cummings LLP. Bentley served as Chair of the Appellate Practice Section in 2013-2014. We also spoke with justices and judges on our state appellate courts all of whom encouraged the idea which they saw as a hree years after its formation theAppellate Practice Section is on the road to completing a landmark achievement the establishment of a system of pro bono counsel at the Missis- sippi Supreme Court and Court of Appeals.T By Will Bardwell The Mississippi Bar Appellate Law Section Board MemberContinued on next page HED Continued development of rule for pro bono appellate counsel highlights Appellate Practice Sections third year 30 Summer 2015 The Mississippi Lawyer HED Continued development of rule for pro bono appellate counsel highlights Appellate Practice Sections third year way of raising the level of appellate prac- tice in their courts. Toward that end the section has sponsored several appeals-focused CLEs which have included workshops on writing oral advocacy and guidance from members of Mississippis two appellate courts. Valuable though those seminars have been for seasoned appellate practition- ers they also have been designed to introduce lawyers seldom dabbling in appellate work to the ways that appeals differ greatly from trial-level litigation. Sometimes really good trial lawyers or subject-area lawyers assume that they should handle the appeal because they are really good at what they do Bentley said. But appeals are dif- ferent and their skills that win trial and arbitrations or position their clients for good settlements do not always translate to a skillfully-presented appeal. In addition to McCarty and Bentley the Appellate Practice Sections seven- member Executive Committee is made up of Vice Chair Margaret Cupples of Bradley Arant Boult Cummings LLP Secretary Todd Butler of Phelps Dunbar LLP and members-at-large Amy Champagne of Baker Donelson Bearman Caldwell Berkowitz PC Will Bardwell of McCraney Montagnet Quin Noble PLLC and Meta Copeland of the Mississippi College School of Law. The committees diversity under- scores what McCarty describes as a broad slice of the Bar that supported the sections creation. He recalls Early on there was great support from experi- enced practitioners like John Henegan who became our first chairperson Luther Munford David Voisin Margaret Cupples Oliver Diaz and Wayne Drinkwater. A lot of lawyers who had an identifiable appellate practice saw that there was a need to form the Appellate Practice Section. McCarty and the other members of the Executive Committee encourage those who already practice in this area or who are interest- ed in learning more about it to join the Section and participate in its upcoming continuing education offerings. I The Mississippi Lawyer Summer 2015 31 Disbarments Suspensions and Irrevocable Resignations Joe Dale Walker of Monticello Mississippi The Supreme Court of Mississippi accepted Mr. Walkers Irrevocable Resignation in Cause No. 2015-BD-139 and imposed Disbarment based upon his guilty plea for one count of Obstruction of Justice in violation of Title 18 U.S.C. 1512c2. Mr. Walker is ineligible to seek reinstatement to the practice of law. Robert D. Harrison of Ridgeland Mississippi A Complaint Tribunal appointed by the Supreme Court of Mississippi issued a 180 day Suspension based upon Mr. Harrisons guilty plea to a misdemeanor crime in violation of 26 U.S.C. 7203 for his willful failure to pay federal income taxes in 2008. Ermea J. Russell of Jackson Mississippi A Complaint Tribunal appointed by the Supreme Court of Mississippi issued a ten 10 month Suspension in a multi-count complaint where Ms. Russell was found to have com- mitted seven 7 violations each of Rules 1.16d 1.2 1.3 1.4 and 8.1b of the Mississippi Rules of Professional Conduct MRPC. Ms. Russell must apply for rein- statement under Rule 12 of the Rules of Discipline for The Mississippi State Bar MRD should she wish to seek a return to the practice of law. Ms. Russell was the subject of seven 7 informal Bar Complaints referred by the Committee on Professional Responsibility for the filing of a Formal Complaint. Each Bar complaint originated while Ms. Russell was in private practice prior to her service on the Mississippi Court of Appeals. Pursuant to 9-1-25 Miss. Code Annot. 1972 as amended the Statute Ms. Russell had six 6 months following the effective date of her appoint- ment to the Court of Appeals to conclude or transfer existing client matters. Accordingly Ms. Russell had until November 20 2011 to wind down her practice. Ms. Russell failed to conclude or properly transfer the seven matters prior to joining the bench. Ms. Russell either failed or refused to adequately advise her clients that she had been appointed to the Court of Appeals and that she would be unable to handle her clients cases pur- suant to the Statute. In addition Ms. Russell failed to file a response to seven Bar complaints. Rule 1.16d MRPC requires a lawyer to take steps to protect a clients interest upon termination of the representation such as giving the client reasonable notice return- ing papers and property and refunding any advance payment not earned. In almost each instance Ms. Russell failed to give her clients notice of her appointment to the Court of Appeals and her eventual inability to represent each client. Rule 1.2 MRPC requires an attorney 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 a lawyer to keep a client reason- ably informed about the status of a matter and promptly comply with reasonable requests for information. In addition 1.4 MRPC also requires a lawyer to explain a matter to the extent necessary to permit the client to make informed decisions regarding the representation. In the under- lying matters Ms. Russell did not ade- quately consult with her clients about her status as well as the status of their under- lying cases did not proceed diligently on the cases during the time in which she was able to practice law and failed to respond to reasonable requests for information or explain the current status of each pending case. Rule 8.1b MRPC requires an attorney in connection with a disciplinary matter to respond for a lawful demand for informa- tion. In this instance Ms. Russell failed to respond to seven 7 separate Bar Complaints despite being properly noticed of each complaint being granted numer- ous extensions of time and receiving numerous demand letters. Public Reprimands Samuel Jones of Memphis Tennessee The Supreme Court of Mississippi issued a Public Reprimand in Cause No. 2014- BD-1385 in a reciprocal discipline case based upon discipline imposed by the Tennessee Board of Professional Responsibility for Mr. Jones failure to provide diligent representation failure to communicate with his client and failure to expedite litigation which resulted in his clients divorce case being dismissed. Private Reprimands An attorney received a Private Reprimand in docket number 12-586-2 for violations of Rules 1.16 a and d MRPC. A client filed an informal Bar complaint against the attorney alleging that the attor- ney failed to attend a hearing in an estate matter. After the client was removed as executrix for failing to post a bond she terminated the attorneys services in November of 2011. The attorney failed to file a motion to withdraw until February of 2012. In March of 2012 the attorney suffered a stroke and did not return to work until the fall of 2012. The client was not notified of the attorneys incapacity. Other clients and courts were notified by the attorneys paralegal of the attorneys incapacity. The hearing the attorney missed occurred during the time of his incapacity. Rule 1.16a requires a lawyer to withdraw from representation when his physical or mental condition impairs his ability to rep- resent his client or when the lawyers serv- ices are terminated by the client. The attorney waited 5 months after he was ter- minated by his client before taking any action to withdraw as counsel of record with the court. Additionally no subse- quent action was taken on his behalf dur- ing the time of the attorneys incapacity to withdraw from the representation. Rule 1.16d requires a lawyer to take steps to protect a clients interest upon ter- mination of the representation such as giv- ing the client reasonable notice returning papers and property and refunding any advance payment not earned. The attor- ney failed to appear at a hearing or take any steps to protect his clients interest after his termination and during the time of his incapacity in this matter failed to notify the client of his inability to proceed despite having notified other clients and courts of his incapacity. I Final Disciplinary Actions 2015-2016 Appellate Practice Section Officers are Margaret O. Cupples Chair G. Todd Butler Vice Chair and Amy L. Champagne Secretary. ADR Section Officers for 2015-2016 include William P. Myers Secretary and Bobby M. Harges Vice Chair. 2015-2016 Family Section Officers are W. Matthew Thompson Secretary and Jak M. Smith Chair. Business Law Section Officers for 2015- 2016 include Jason Bailey Chair and Tammra O. Cascio Vice-Chair. Gaming Law Section Officers are James K. McDaniel Jr. Vice Chair and Scott B. Hollis Chair. 2015-2016 Estates Trusts Section Officers include William O. Brown Jr. Vice-Chair and Gray Edmondson Chair. Bar Hosts the 2015 Section Orientation Session New Section Officers attended the FY 2015-2016 Orientation Session in August 2015. The half-day program is designed to familiarize new Section leaders with their duties and brief them on resources available to them through the Bar. Health Law Section Officers include Jenny Tyler Baker Vice Chair Jeffrey S. Moore Chair and Jonell Beeler Secretary. 32 Summer 2015 The Mississippi Lawyer Intellectual Property Entertainment Sports Law Section Officers for 2015-2016 include Chip Bolton Secretary Ryanne D. Saucier Chair and William T. Wilkins Vice Chair. Representing the 2015-2016 Labor Employment Law Section is Nick Norris Chair. 2015-2016 Litigation Section Officers are Meade W. Mitchell Chair and Matthew D. Miller Secretary. 2015-2016 SONREEL Section Officers are Keith W. Turner Chair and Susan F. King Vice Chair. 2015-2016 Taxation Section Officers include Amanda Glover Evans Chair and Joshua A. Mars Vice Chair. Workers Compensation Section Officers include Roxanne P. Case Chair and Apryl L. Ready Vice Chair. Prosecutors Section Officers include James S. Hale Jr. Vice Chair Ryan M. Berry Chair and Lauren B. Harless Secretary. Representing the 2015-2016 Real Property Section is Thomas T. Ross Jr. Chair and repre- senting the Government Law Section is Christian B. Waddell Chair. The Mississippi Lawyer Summer 2015 33 The Young Lawyers Divisions Board of Directors meets at the Annual Meeting. Pictured front row Jessica Dupont Ann Marie Pate Jennie Eichelberger Jeremy England Brannon Kahlstorf Mike Carr middle row Torri Martin Jenny Tyler Baker Diala Chaney Julie Gresham Kathlyn Van Buskirk Jaklyn Wrigley Margaret Smith Keishunna Randall back row Alex Martin Matthew Shoemaker Mimi Arthur Clarence Webster Hank Spragins and Matt Eichelberger. 34 Summer 2015 The Mississippi Lawyer Young Lawyers Division News Justice Ann Lamar addressed the YLD Board Meeting on Thursday during the Annual Meeting YLD President Jennie Eichelberger with guest speaker Edward Hayes. Diala Chaney pictured left received the Young Lawyers Division Presidents Gavel from outgoing Young Lawyers Division President Jennie Eichelberger. The Mississippi Lawyer Summer 2015 35 110th Annual Meeting Highlights of the 2015 Bar Convention Senator Sean Tindell of Gulfport addressed the Annual Business Session Chief Justice William Waller addressing the Annual Business Session The General Assembly was presented by the Federal Judiciary Annual Business Session U.S. District Court Clerks David Crews and Arthur Johnston The Federal Judiciary presented the Thursday General Assembly Judge Sharion Aycock of Aberdeen guest speak- er Apollo 13 astronaut Fred Haise and Judge Louis Guirola of Gulfport Judge Michael Mills Hall Bailey Bill May and George Fair Jim Johnstone of Pontotoc and Judge John Kelly Luther of Ripley Bar officers Briggs Hopson Roy Campbell and Gene Harlow Bar President Gene Harlow pictured left presented the gavel to incoming President Roy Campbell of Jackson. 36 Summer 2015 The Mississippi Lawyer Price Prather Luncheon - Jennifer Hall Price Prather Luncheon Subcommittee Chair Speaker Dean Wendy Scott Speaker Dean Debbie Bell and Tiffany Graves Women in the Profession Committee Chair Price Prather Luncheon - Judge Virginia Carlton and Meta Copeland Price Prather Luncheon - Claire Hornsby Charliene Roemer and David Sawyer Breakfast with the Federal Judges Bob Anderson of Madison and Judge Glen Davidson of Tupelo Over 100 people attended the Breakfast with the Federal Judges Many people attended the Section receptions Section Reception Nebra Porter of Aberdeen Ray ONeal of Fulton and John Weddle of Saltillo Section Reception Chris Daniel of Pass Christian and Matthew Burrell of Gulfport Breakfast with the Federal Judges Adam Gates of Madison and Judge Sul Ozerden of Biloxi Officers and newly induct- ed Fellows of the Young Lawyers Julie J. Gresham New Inductee Jason W. Bailey New Inductee Judge Gene Fair Fellows President Samuel C. Kelly Fellows SecretaryTreasurer Richard C. Roberts III New Inductee and Robert R. Bailess New Inductee Breakfasts Luncheons and Receptions The Mississippi Lawyer Summer 2015 37 Crab chase contest winners Hoola Hoop contest winner Limbo Contest winner Family Beach Bash 38 Summer 2015 The Mississippi Lawyer Welcome Reception Billy Wendy Myers of Hernando and Gene and Jan Harlow of Laurel Stan and Angie Smith of Madison Lee Gore Jon Mark Weathers and Maura McLaughlin all of Hattiesburg Ryan Berry and family from Kosciusko Laura and Bill Spencer with Guy Mitchell all from Tupelo Judge Al Johnson and Deborah Johnson of Natchez Nebra Bill Porter of AberdeenThe theme for the Welcome Reception was Peter Pans Neverland Kassie Coleman of Meridian Jay Mercer Everett Sanders of Natchez and Anthony Simon of Jackson The Mississippi Lawyer Summer 2015 39 Welcome Reception Pepper Crutcher Madison Tony Farese Ashland and Jim Greenlee Oxford Neverland theme was a big hit Joey and Deneshia Mayes of Morton Tiffany and James Graves of Jackson Robbie and Emily Hayes of Southaven Jeff and Kristen Rimes of Ridgeland Everyone enjoyed the Welcome Reception Breanna and Tim Sensing of Jackson Jason Bush of Jackson and Will Wilkins of Oxford Judge Kenny Griffis of Jackson and Rusty Brown of Oxford 40 Summer 2015 The Mississippi Lawyer Section Meetings Prosecutors Section Prosecutors Section Prosecutors Section Family Law Section Family Law Section ADR Section Real Property Section Real Property Section ADR Section The Mississippi Lawyer Summer 2015 41 Section Meetings Litigation and Appellate Practice Sections Litigation and Appellate Practice Sections Gaming Law Section Government Law Section Business Law Health Law Sections Estates Trusts and Taxa- tion Sections SONREEL Section SONREEL Section Litigation and Appellate Practice Sections Workers Compensation Sec- tion Workers Compensation Section 42 Summer 2015 The Mississippi Lawyer Presidents Reception President Gene Harlow of Laurel with family Matthew and Karen Thompson of Madison with children Greg Renee and Holly Miles of Ridgeland Shellee Gowan and Judge Bill Gowan of Jackson Stewart and Heather Lee of Madison Hugh Keating of Gulfport with family Pepper and Angela Cossar of Madison Briggs and Ali Hopson of Vicksburg Susan and Guy Mitchell of Tupelo The Mississippi Lawyer Summer 2015 43 Judge Kent McDaniel and wife JoAnn McDaniel of Brandon Joy and Raymond Hunter of Gulfport Jessica Dupont of Pascagoula and Wayne Lennep Elizabeth and Mark Franklin of Ridgeland Jim and Lauren Rosenblatt of Jackson Judge Jim Kitchens of Caledonia and family Karen and Sam Begley of Jackson and Judge Kent Haney of Clarksdale Cheryn Netz of Jackson and Joy Lambert Phillips of Gulfport John and Graceann Herzog of Scott Presidents Reception 44 Summer 2015 The Mississippi Lawyer Childrens Build-a-Bear Party 1st Place Sandcastle Contest Bingo Winners 1st Place Sandsculpture contest Legal Run-Around Sandcastle Contest Bingo Legal Run-Around The Mississippi Lawyer Summer 2015 45 2014-2015 Distinguished Service Award 2014-2015 Lifetime Achievement Award The Late Thomas H. Freeland IV The MS Bar President Gene Harlow of Laurel presented the 2015 Distinguished Service Award to the Late Thomas H. Freeland IVs family Sarah Freeland Simonson and Joyce Freeland both of Oxford Jerome C. Hafter Jackson 2014-2015 Judicial Excellence Award Judge S. Allan Alexander Oxford The Mississippi Bars Judicial Excellence Award was given to Judge Allan Alexander Jerry Hafter pictured right accepts The Mississippi Bars 2015 Lifetime Achievement Award from MS Bar President Gene Harlow during the Awards Program at The Mississippi Bars 2015 Annual Meeting 50 Year Anniversary members attending convention were Walter Brown Jr. of Natchez Aleita Fitch of Holly Springs Dean Belk of Indianola Jimmy Robertson of Jackson Landy Teller of Vicksburg and Dick Bennett of Jackson 2014-2015 50 Year Anniversary Members 46 Summer 2015 The Mississippi Lawyer 2014-2015 Susie Blue Buchanan Award presented by the Women in the Profession Committee 2014-2015 Outstanding Young Lawyer Award presented by the Young Lawyers Division Karen K. Sawyer Gulfport Jeremy T. England Ocean Springs The Mississippi Bar Young Lawyers Division Past President Julie Gresham of Pascagoula presents Jeremy England of Ocean Springs with the 2015 Outstanding Young Lawyer Award at the recent Mississippi Bars Annual Meeting Karen Sawyer of Gulfport pictured center accepts the Susie Blue Buchanan Award from Women in the Profession Subcommittee Chair Kristi Brown ad Committee Chair Tiffany Graves during The Mississippi Bars Annual Meeting The Mississippi Lawyer Summer 2015 47 2016 Calendarpublished by The Mississippi Bar Young Lawyers Division CONTENTS INCLUDE Cost 12.00 each plus 3.00 shipping and handling. Special rates for quantity buying. Limited supply Profits from the sale of the calendar will fund the public service projects of the Yound Lawyers Division. County Circuit Chancery Court of Appeals and Supreme Court Judges U.S. Bankruptcy Court U.S. District Court Personnel U.C.C. Filing Fees 2016 Calendar MS Legal Organization Listings Federal MS Real Estate Taxes MS State Government MS Bar Staff Roster And more... Go online order yours today httptinyurl.comYLDCalendar case sensitive 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 1-4 books 12book 3 sh 5-9 books 11book 6 sh 10 or more books 10book 9 sh Bar Volunteers Meeti Bench Bar Committee Bench Bar Committee Bench Bar Committee Ethics Committee Ethics Committee LJAP Committee LJAP Committee Military Committee 48 Summer 2015 The Mississippi Lawyer ng on Committee Day Military Committee Military Committee Professionalism Committee Professionalism Committee Technology Committee Technology Committee Women in the Profession Committee Women in the Profession Committee The Mississippi Lawyer Summer 2015 49 50 Summer 2015 The Mississippi Lawyer When the New England Patriots and Seattle Seahawks played on Oct 14 2012 there was a fair amount of trash talking between Patriots Quarterback Tom Brady and Seahawks Corner Richard Sherman. Allegedly Brady told Sherman and a teammate to come see him after the Patriots won the game. Well the Patriots didnt win. Sherman approached Brady after the Seahawk victory and famously asked You mad Bro Since that time the question has become a staple in the lexicon of trash-talking. Richard asked Tom so Im asking you You mad bro and if you are mad right now or generally is that a good thing Unfortunately trash-talking and anger arent just limited to sports and can at times be seen in the practice of law. As attorneys we operate in a largely adversar- ial system. While not inherently unhealthy such a system is not for every- one. There are those for whom regular immersion in controversy is unhealthy. An attorney may not know this about him or herself before entering the program and may be left to either adapt possible risking their health or withdraw from the system. Then what For many others in practice we gener- ally work with people in the midst of con- troversy and sometimes they are very angry. For any number of reasons the client believes that litigation is moving too slowly or expenses and fees are too high or unwanted results never mind the fact they were warned. The clients anger may then be directed toward their own attorney. Then there are some clients who expect their attorneys to take on their level of anger and if he or she doesnt theyre not doing their job. There are also attorneys who seem to always be angry fighting over every minor or sometimes even irrelevant point. While zealous advocacy is certainly the expectation and an ethical requirement it appears that some in our profession con- fuse this principle with constant battling. Whether or not we are aware these scenar- ios are slowly but surely killing us. But enough about our work-lives what about life outside the office These days You mad ________ also seems to be a reasonable question for the average person on the street on any given day. Our socie- ty seems almost fueled by anger at this point so much so that the norm has become political rallies Facebook rants and twitter wars based on nothing more than vitriol toward someone some idea or some group. How did we get here Are we as a society really that angry If we are angry why More importantly how does this all this anger affect us Short answer negatively. What then are we to do First and foremost each of us must recognize the anger in our own lives the anger we express the anger we suppress and the anger directed toward us by others. Having recognized these we need to clean up our side of the street. With regard to our own anger we need assess its frequen- cy intensity and our methods of expres- sion. Some may need to identify and uti- lize better communication regarding our feelings. We need to set boundaries and expectations regarding the ways we are willing to accept feedback from others. The foregoing examination may be best handled with the assistance of a trusted family member friend or in some cases an objective professional. The steps above are also applicable in professional settings but more may be required if we are to decrease the negative effects of anger in our lives. To the extent we can we need to stay away from cases which may be toxic for us. Once engaged in the representation if we are ambushed by our clients counsels opposite or the facts and circumstances of the matter we need to be open to the possibility that we need to withdraw. Whether or not that spe- cific representation continues the consid- eration should inform our subsequent deci- sions regarding which cases we handle. If you have concerns related to your own anger or your reaction to the anger of others please talk to someone. Do not suf- fer alone. Your LJAP is here to assist if needed. All communication with LJAP is confidential and our services are volun- tary and free. I For Confidential Help Call The Lawyers and Judges Assistance Program. 1.800.593.9777 LAWYERS HELPING LAWYERS You Mad 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 Summer 2015 51 J. Murray Akers J. Murray Akers 76 of Greenville died May 17 2015. A gradu- ate of the University of MS School of Law he was admitted to practice in 1967. He was a long-time member of the American Association for Justice a Fellow with the Mississippi Bar Foundation and a past President for both the Washington County Bar and the Mississippi Association for Justice. Akers has served as the Special Assistant Attorney General Law Clerk for the Mississippi Supreme Court Assistant United States Attorney for the MS Northern District Assistant District Attorney for the 4th Circuit Court District and has had his private practice in Greenville since 1970. He was a pilot in the Army National Guard and retired from service as a Captain. He was a long-time member and a past President of both the Greenville Park Commission and the Greenville Kiwanis Club. He also served as a past Commodore for the Greenville Yacht Club and was cur- rently Chairman of the Crime Stoppers of Washington County Inc. Akers was a Deacon of First Baptist of Greenville where he served on the Finance Committee. Thomas F. Badon Thomas F. Badon 92 of Liberty died May 21 2015. A graduate of the University of MS School of Law he was admitted to prac- tice in 1947. He served as the prosecuting attorney of Amite County and served in the House of Representatives for 4 years 1952 to 1956. He served on the Liberty Town Board for 36 years and was the attorney for the Amite School Board for 16 years. He received a special appointment from Gov. William Winter as Chancery Judge for Judge Jones. He was a Family Master Judge for 20 Years. Badon was a member of Liberty Baptist Church where he taught Mens Sunday school for 35 years. He also was a Mason in the Liberty Lodge no. 37 for 50 years. Sidney A. Barnett Sidney A. Barnett 75 of Tupelo died April 29 2015. A graduate of Mississippi College School of Law he was admitted to prac- tice in 1970. He joined the MS Army National Guard. He prac- ticed general law for thirty-six years in Lucedale. He served as the Board of Supervisors Attorney from 1976 to 1983 and was the George County Prosecutor from 1978-1986. He served as the City Judge for Lucedale from 1986 until 1991. Barnett was the George County Court appointed attorney from 1996-1997. He served as George County Solid Waste Judge from 1997-2006 and also as the Youth Court Guardian Ad Litem for George County from 1996 until 2006. He moved to Tupelo in 2006 where he con- tinued his law practice until last year. He was a Mason and a Shriner. Barnett was a member First United Methodist Church. C. Everette Boutwell C. Everette Boutwell 81 of Laurel died June 18 2015. A grad- uate of Mississippi College School of Law he was admitted to practice in 1974. Boutwell was a CPA for 60 years and an attor- ney for over four decades. He served as past president of the Jones County Bar Association and the Laurel Exchange Club. He was a member of numerous CPA and legal associations. He was an active member of First United Methodist Church where he served on the Administrative Board and taught Sunday school. Ottis B. Crocker Jr. Ottis B. Crocker Jr. 79 of Bruce died June 29 2015. A gradu- ate of the University of MS School of Law he was admitted to practice in 1962. After graduating from law school he practiced law for over 50 years. He also served in the U.S. Air Force. He was a member of Bruce First Baptist Church Bruce Rotary Club and Bruce Chamber of Commerce. He served on the Board of Directors for the Farmers and Merchant Bank and also Renasant Bank. He served as a judge for the City of Bruce and attorney for Calhoun Health Services Hospital and nursing home. He also served as attorney for the Calhoun County Hospital. James B. Bobby Everett James B. Bobby Everett 86 of Decatur died May 13 2015. A graduate of the University of MS School of Law he was admit- ted to practice in 1956. Everett was a lifelong resident of Newton County. He enlisted in the United States Air Force during the Korean War. He was stationed in Pittsburgh CA. He practiced law in Decatur for over 50 years. Everett was a member of Clarke Venable Baptist Church where he taught Sunday school for over 50 years. In 2014 he received The Lifetime Achievement Award from East Central Community College. In addition he was instrumental in starting The Mid-Mississippi Development District in the early 1960s. David G. Galyon David G. Galyon 56 of Jackson died August 25 2015. A grad- uate of Mississippi College School of Law he was admitted to practice in 1991. He was a managing partner of Schwartz and Associates. John D. Gautier John D. Gautier Sr. 85 of Pascagoula died June 29 2015. A graduate of the University of MS School of Law he was admit- ted to practice in 1953. He was a lifelong resident of both Pascagoula and Gautier. He practiced law for most of his career in the Pascagoula area. Stephen Gerard Kelty Stephen Gerard Kelty 53 of Terry died July 16 2015. A gradu- ate of Mississippi College School of Law he was admitted to practice in 1997. IN MEMORIAM Continued on next page 52 Summer 2015 The Mississippi Lawyer Kendrick Raytron Kennedy Kendrick Raytron Kennedy 43 of Biloxi died June 18 2015. A graduate of the University of MS School of Law he was admit- ted to practice in 2011. Kennedy worked with Conway Associates of Gulfport. He served as President of the Gulf Coast Chapter and board member for The National Federation of the Blind of MS. Lawrence M. Magdovitz Sr. Lawrence M. Magdovitz Sr. 77 of Clarksdale died May 24 2015. A graduate of Vanderbilt Law School he was admitted to practice in 1961. He opened up the Law Offices of Lawrence Magdovitz in 1962 at the Stephens Building. His law practice spanned 52 years. He was also a residential contractor and real estate broker. In 1980 he bought a small commercial building leased to the United States Postal Service in Dundee. After this first purchase he acquired more post offices and even started building several in rural Mississippi including Ashland and Lake Cormorant. By 2002 he had amassed a portfolio of several hun- dred post offices. He then managed to become the largest single owner of post offices buildings in the United States second only to the United States Postal Service itself. In 1980 Magdovitz moved his family to Germantown TN while still working in Clarksdale. He gave to various charities including the Boy Scouts and the Institute for Southern Jewish Life. James Frank McKenzie James Frank McKenzie 84 of Hattiesburg died July 17 2015. A graduate of the University of MS School of Law he was admit- ted to practice in 1958. He served in the United States Navy from 1951-52. Upon graduation he joined a law firm in Hattiesburg where he engaged in the active practice of law until his retirement on Dec. 31 2000. McKenzie served as president of the South Central Bar Association a commissioner of the Mississippi Board of Bar Commissioners president of the Hattiesburg Kiwanis Club director of the Hattiesburg Arts Council board member of the HattiesburgForrest County Public Library and the Court of Honor for the Emmett Lee Irwin Province Kappa Alpha Order. He was also a member of the Kappa Alpha Fraternity the Hattiesburg Civic Association and served as King Zeus LXI for the Mystic Krewe of Zeus in 1981. McKenzie remained active in the U.S. Naval Reserve until his retirement on July 1 1970 at which time he had attained the rank of Lieutenant Commander. He currently served as an Advisory Board Member for BancorpSouth a member of the Board of Directors of Forrest General Healthcare Foundation commissioner of Forrest County Industrial Park Commission and member of the USM Foundation Honor Club. Jimmy was member of the Advisory Board for the Southern Mississippi Partners for the Arts and served as chair for the organization in 2003-04. Philip Mansour Philip Mansour 95 of Greenville died June 23 2015. A gradu- ate of Tulane University Law School he was admitted to practice in 1948. Mansour entered the US Army and served overseas in Italy during WWII earning the Purple Heart. He was honorably discharged in 1944. He opened his practice in Greenville in 1950. He was inducted into the American College of Trial Lawyers in 1986. He served as President of the Washington County Bar Association. He served on a number of Federal Judiciary Committees and Panels. James T. Metz James T. Metz 66 of Ridgeland died April 3 2015. A graduate of Mississippi College School of Law he was admitted to prac- tice in 1978. Metz worked in the petroleum industry for a num- ber of years for Shell Oil Company. He later served as an Assistant Attorney General in charge of the Mississippi Transportation Legal Division under Mike Moore and later as a Special Assistant Attorney General in the Litigation Section for a total of seven years. After leaving the Attorney Generals office Metz was in private practice as a partner in Purdie Metz PLLC in Ridgeland. Metz served in the Special Forces in Vietnam with a United States Marine Corp Force Recon team earning a Bronze Star for valor and three Purple Hearts. Cecil M. Mitchell Cecil M. Mitchell 89 of Madison died July 14 2015. A gradu- ate of Mississippi College School of Law he was admitted to practice in 1952. He served for a brief time in the Army. An active member of Alta Woods Baptist church he served as deacon on various committees and taught mens Sunday school classes. Oliver Marvin Oates Jr. Oliver Marvin Oates Jr. 86 of Bay Springs died August 17 2015. A graduate of the University of MS School of Law he was admitted to practice in 1956. He was commissioned as a Second Lieutenant in the US Air Force in 1952. Oatess legal career included serving as Jasper County Prosecuting Attorney before returning to private practice. He was the attorney for the Jasper County Board of Supervisors during which time both Bay Springs and Heidelberg Industrial Parks were established. In the late 1970s Oates helped establish the Mississippi Trial Lawyers Association he was elected president in 1978. He was both Member and President of the local Rotary Club and the Bay Springs Chamber of Commerce President of the Southeast Industrial Council and Member and President of Bienville Recreational District. Oates served as President of the Bay Springs Cemetery Association for many years. He was a member of Bay Springs Baptist Church since 1942. Oates served as a Sunday School Teacher and Superintendent Member and President of the Board of Deacons and Member of the Lay Renewal Team. He was also a choir member. He joined The IN MEMORIAM The Mississippi Lawyer Summer 2015 53 Gideons International in 1979. During his years of service Oates traveled as an International Representative to 42 countries and more than 200 major cities. He also served as President of the state organization. Will Ellis Pittman Will Ellis Pittman 52 of Clarksdale died June 26 2015. A grad- uate of the University of MS School of Law he was admitted to practice in 1995. He is the owner and managing member of Pittman Associates PLLC law firm in Clarksdale where he also served as the first African-American County Prosecutor for Coahoma County. Pittman also served as the board attorney for the Tunica County Board of Supervisors and was the first African-American to represent the Tunica County Board of Supervisors. He attended and served on the finance committee of the Galena Missionary Baptist Church in Tutwiler. He enlisted in the United States Marine Corps. Pittman opened Pittman Law Office in Clarksdale in 1996 where he continued to practice until his death. Edward C. Prisock Edward C. Prisock 74 of Louisville died July 30 2015. A grad- uate of the University of MS School of Law he was admitted to practice in 1965. He was a veteran. He practiced law in Louisville several years before he was elected Chancery Judge for the 6th District serving for 30 years. He was an elder at Grace Presbyterian Church in Starkville. Louie F. Ruffin Louie F. Ruffin 81 of Richton died June 2 2015. A graduate of the University of MS School of Law he was admitted to practice in 1961. He served as County Attorney for Perry County and as Municipal Judge and Prosecutor for the Town of Richton. In 1967 he was appointed an Administrative Judge for the Mississippi Workers Compensation Commission and served in said capacity until 1982. In 1982 he joined the law firm of Altman Tyner Ruffin and continued to practice with the firm until his retirement. He practiced law for over 50 years. He served in the United States Army and was a lifelong member of Richton United Methodist Church. William Richard Sevier William Richard Sevier 50 of Jackson died June 2 2015. A graduate of Mississippi College School of Law he was admitted to practice in 2003. He was associated with the Eaves Law Firm of Jackson. Mark B. Strickland Mark B. Strickland 56 of Gulfport died July 31 2015. A grad- uate of the University of MS School of Law he was admitted to practice in 1989. IN MEMORIAM 54 Summer 2015 The Mississippi Lawyer 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. OCTOBER 1 MS Bar YLD Litigation 101 Series Case Investigation Evaluation. 2.0 credits. Jackson MS MS Bar Center. Contact 601-355-9226 Rene Garner. 2 MS Bar CLE on the Road in Meridian. 6.0 credits includes ethics. Meridian MS Holiday Inn. Contact 601-353-1703. 3 North MS Rural Legal Services How to Handle a Tax Controversy The Basics. Oxford MS. Contact 1-800- 559-5074 Alexis Farmer. 9 MC School of Law Workers Compensation CLE. 6.0 credits includes ethics. Jackson MS MC School of Law. Contact 601-925-7107 Tammy Upton. 9 MS State University CLE for MSU Alumni Attorneys. 6.0 credits includes ethics. Starkville MS MS State University. Contact 662-325- 7860 Whit Waide. 16 MC School of Law Youth Court Parental Representation. 6.0 credits includes ethics. Jackson MS MC School of Law. Contact 601-925-7107 Tammy Upton. 30 UM CLE DUI Defenders CLE Seminar. 6.0 credits includes ethics. Gulfport MS Courtyard by Marriott. Contact 662-915-1354 Cindy Heuser. 30 US District CourtNorthern District of Mississippi 8th Annual Bench Bar Seminar. 4.0 credits includes ethics. Oxford MS The Inn at Ole Miss. Contact 662-281-3029 Gina Kilgore. NOVEMBER 5 MS Bar YLD Litigation 101 Series Depositions Discovery. 2.0 credits. Jackson MS MS Bar Center. Contact 601-355-9226 Rene Garner. 5 NBI Advanced Eminent Domain Valuation. 6.0 credits includes ethics. Jackson MS. Contact 715-835-8525. 6 MS Bar CLE on the Road in Natchez. 6.0 credits includes ethics. Natchez MS The Natchez Grand. Contact 601- 353-1703 Kellie Freeman. 6 MC School of Law 17th Annual Guardian Ad Litem Training. 6.0 cred- its includes ethics. Jackson MS MC School of Law. Contact 601-925-7107 Tammy Upton. 12 Sterling Education Services Inc. Landlord-Tenant Law Leases Evictions Litigation. 6.7 credits includes ethics. Jackson MS. Contact 715-855-0495. 13 UM CLE Current Issues in Estate Planning. 6.0 credits includes ethics. Memphis TN Doubletree Hotel on Sanderlin. Contact 662-915-1354 Cindy Heuser. 20 MS Bar YLDs New Lawyer Program. 3.0 credits includes ethics. Oxford MS. Contact 601- 355-9226 Rene Garner. DECEMBER 4 MS Bar YLD Litigation 101 Series Mediation Negotiation. 2.0 cred- its. Jackson MS MS Bar Center. Contact 601-355-9226 Rene Garner. 4 NBI Special Education Laws Made Simple. 6.0 credits. Gulfport MS. Contact 715-835-8525. 7-8 Tax Insight LLC Annual Income Tax Course. 13.0 credits includes ethics. Hattiesburg MS. Contact 608-831-1040 Diane Wisniewski. 8-9 Tax Insight LLC Annual Income Tax Course. 13.0 credits includes ethics. Ridgeland MS. Contact 608- 831-1040 Diane Wisniewski. 10-11 Tax Insight LLC Annual Income Tax Course. 13.0 credits includes ethics. Tunica MS. Contact 608-831- 1040 Diane Wisniewski. 14-15 UM CLE CLE by the Hour. 12.0 credits includes 2.0 hours of ethics. Memphis TN Hilton. Contact 662- 915-1354 Cindy Heuser. FEBRUARY 19 E. Farish Percy 33rd Edition of the Summary of Recent MS Law. 6.0 credits includes ethics. Oxford MS Inn at Ole Miss. Contact 662-832- 8605 E. Farish Percy. MARCH 3 MS Bar YLD Litigation 101 Series Trial. 2.0 credits. Jackson MS MS Bar Center. Contact 601-355-9226. 4 E. Farish Percy 33rd Edition of the Summary of Recent MS Law. 6.0 credits includes ethics. Biloxi MS IP Casino. Contact 662-832-8605 E. Farish Percy. 11 E. Farish Percy 33rd Edition of the Summary of Recent MS Law. 6.0 credits includes ethics. Jackson MS Jackson Convention Center. Contact 662-832-8605 E. Farish Percy. The Mississippi Lawyer Summer 2015 55 The Law Firm of BARRY PALMER THAGGARD MAY AND BAILEY LLP is pleased to announce JAMES C. CORY GRIFFIN has joined the firm as an Associate effective July 1 2015 J. Richard Barry William T. May 505 Constitution Avenue Lee Thaggard Post Office Box 2009 Kacey G. Bailey Meridian Mississippi 39302-2009 Robert T. Bailey Telephone 601-693-2393 K. Dustin Markham Facsimile 601-482-7855 James C. Cory Griffin JASON B. PURVIS formerly of Deutsch Kerrigan Stiles LLP is pleased to announce the opening of his law firm PURVIS CO. PLLC located at 14110 Airport Road Suite A Gulfport Mississippi 39503 Mailing Address Telephones Post Office Box 2307 USCanada 228-206-7174 Gulfport Mississippi 39505 LondonUK 44-20-3769-1057 KATRINA S. BROWN LILLI EVANS BASS and LATOYA T. JETER are pleased to announce the formation of BROWN BASS JETER PLLC effective August 1 2015 Post Office Box 22969 1991 Lakeland Drive Suite L Jackson Mississippi 39225 Jackson Mississippi 39216 Telephone 601-487-8448 Facsimile 601-510-9934 THE BAILEY LAW FIRM is pleased to announce that OLEN M. MAC BAILEY JR. was awarded the Master of Laws LL.M. in Elder Law with honors on May 16 2015 from Stetson University College of Law. The two-year LL.M. curriculum included instruction in the following courses Aging and the Law Retirement Planning Ethics in the Practice of Elder Law Long Term Care Planning Special Needs Trusts Estate Gift Tax Planning Guardianships Alternatives Representing Elderly Clients Government Private Health Benefits Veterans Benefits 5100 Poplar Avenue Suite 215 Memphis Tennessee 38117 Telephone 901-843-2760 56 Summer 2015 The Mississippi Lawyer HALFORD LAW FIRM is pleased to announce that MORGAN G. HALFORD has joined the firm as an Associate 85 Main Street West Post Office Box 650 Meadville Mississippi 39653 Telephone 601-384-2100 Facsimile 601-384-2121 E-mail DANIEL COKER HORTON BELL P.A. is pleased to announce its newest associates KYE C. HANDY Jackson Office KATIE R. VAN CAMP Gulfport Office GULFPORT JACKSON 1712 15th Street Suite 400 4400 Old Canton Road Suite 400 Post Office Box 416 Post Office Box 1084 Gulfport Mississippi 39502-0416 Jackson Mississippi 39215-1084 Telephone 228-864-8117 Telephone 601-969-7607 OXFORD 265 North Lamar Boulevard Suite R Post Office Box 1396 Oxford Mississippi 38655-1396 Telephone 662-232-8979 ARMSTRONG THOMAS BERRY LAMPTON MCCARDLE PLLC Established 1932 246 W. Gallatin Street Post Office Box 190 Hazlehurst Mississippi 39083 Telephone 601-894-4061 Facsimile 601-894-4792 John T. Armstrong Jr. was licensed in July 1965 and has continuously practiced law at this firm since then. His father John T. Armstrong Sr. was the founding member of the firm. Prior members of firm now deceased John T. Armstrong Sr. 1910-1998 Harry O. Hoffman Jr. 1921-1981 J. Cliff Thomas Jr. 1931-2004 Current partners John T. Armstrong Jr. Renee Harrison Berry Dudley F. Lampton Milton C. Butch McCardle DUMMER LOWERY SAVARESE PLLC Attorneys at Law are pleased to announce that SCOTT J. HILLERY has joined the firm as an Associate Dummer Lowery Savarese PLLC is a full-service litigation firm focusing on commercial litigation construction law labor law commercial and residential real estate maritime industrial development governmental and regulatory law banking gaming municipal law international law family law and estate planning. Stephen W. Dummer C. Elise Hickman Lowery Jason R. Savarese Warren H. Dedeaux Scott J. Hillery Mailing Address Email 322 Courthouse Road Email Gulfport Mississippi 39507 Email Telephone 228-284-1818 Email Facsimile 228-284-1855 Email The Mississippi Lawyer Summer 2015 57 BENNETT LOTTERHOS SULSER WILSON P.A. proudly announces that ANDREW R. WILSON has become a Shareholder in the firm Charles F. F. Barbour Andrew R. Wilson Richard T. Bennett Marcus M. Wilson Joseph E. Lotterhos Floyd M. Sulser Jr. Of Counsel The Pinnacle at Jackson Place Telephone 601-944-0466 190 E. Capitol Street Suite 650 Facsimile 601-944-0467 Jackson Mississippi 39201 BARNES LAW FIRM P.A. is pleased to announce the association of KRISTA S. ANDY J.D. LL.M and BRANDON C. DIXON J.D. LL.M with the firm in our Jackson and Southaven Offices Jackson Office 5 River Bend Place Suite A Flowood Mississippi 39232 Gulfport Office Hancock Building BAnk 2510 14th Street Suite 830 Gulfport Mississippi 39502 Oxford Office 405 S. 11th Street Suite 104 Oxford Mississippi 38633 Southaven Office 5740 Getwell Road Building 9 Suite C Southaven Mississippi 38672 DEUTSCH KERRIGAN STILES Congratulates R. DOUGLAS VAUGHN Insurance Law on his recent inclusion in the 22nd Edition of The Best Lawyers in America 2510 14th Street Suite 1001 Gulfport Mississippi 39501 Telephone 228-265-6994 Civil Litigation Commercial Litigation Commercial Transactions Construction Labor Employment Marine Energy Professional Liability Toxic Tort Environmental New Orleans Louisiana Gulfport Mississippi 800-467-5141 MUSGROVESMITH LAW is pleased to celebrate its one-year anniversary with an Open House to be held at its office on October 13 2015 from 500-700 p.m. Please RSVP to Gov. Ronnie Musgrove 1635 Lelia Drive Suite 104 Michael S. Smith II Post Office Box 4670 39296 Jeffrey M. Graves Jackson Mississippi 39216 Telephone 601-852-1696 Small Law. Big Results. The Law Firm of McLEOD ASSOCIATES P.A. is pleased to announce that WILL RUSSELL LL.M. TAX J.D. Master of Laws in Taxation - University of Florida has become associated with the firm William E. McLeod LL.M. Tax J.D. CPA Gordon Broom J.D. Of Counsel Jane C. Harkins LL.M. Estate Planning J.D. 10 Professional Parkway Telephone 601-545-8200 Hattiesburg Mississippi 39402 Facsimile 601-545-8298 Also Licensed in Alabama To place a Professional Announcement please contact Krissa Easley at The Mississippi Bar at 58 Summer 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. Foley Forensic Document Examiner 1109 North 4th Street Monroe LA 71201 318-322-0661 Scientific Examination of Handwriting Typewriting Ink and Paper Analysis Dating Copies and other Related Document Problems. Diplomate American Board of Forensic Document Examiners Inc. Member American Society of Questioned Document Examiners American Academy of Forensic Sciences Education BS MS MA J.D. Qualified and Experienced Expert Witness in Federal State Municipal and Military Courts. Certified Pesonal Property Appraisers Certified Bonded Insured and Photo Documented Appraisals for Legal require- ments. Divorce acquisisions insurance bank- ruptcy IRS courts. Household goods furni- ture works of art vehicles trucks vans boats guns antiques jewelry airplanes atvs paint- ings rugs furs farm equipment electronics appliances restaurants tractor trailers business inventories construction medical. Nick Clark CAGA 601-317-2536 Statewide Service - Court Approved ESTATE ATTORNEYS R.E. Auctions Business Liquidations Estate Sales Certified Appraiser Mississippi Louisiana Licensed Bonded Insured Court Approved Clark Auctions Nick Clark RE Broker 601-317-2536 COLD CASE INVESTIGATIONS 601-372-0648 No Case Too Long Forgotten No Case Too Complex Homicide Missing Persons Unsolved Mysteries Adoptions Grand Larceny. Profiling. Over 30 years of experience. Private country retreat just outside Water Valley approximately 20 minutes from Oxford. Beautiful 30 acre farm with two fishing ponds one large one small both with bream and bass. Land has mixed pine hardwood and pastures. Recently renovated 5 BR 3 bath house with barn and outbuildings and a large party pavilion with 20 picnic tables and full commercial kitchen. On-line photos at httpwww.landandfarm. compropertyCountry_Retreat-1784886. Call 662-801-6246 Board Certified Forensic Document Examiner Full Service Forensic Document and Hand- writing Laboratory 25 yrs Crime Laboratory Experience Qualified as an Expert in Federal State and Municipal Courts Excellent turn around time Certified American Board of Forensic Document Examiners Member American Society of Forensic Document Examiners American Academy of Forensic Sciences Steven G. Drexler Drexler Document Laboratory LLC Pelham Alabama 205-685-9985 EXPERT WITNESS Premise Liability Security Negligence Police Practices Policies Former police chief with more than thirty-five years of experience in law enforcement correc- tions and security available for consultation on premise liability security procedures training and police practices. Federal and state court qualified. Robert L. Johnson MPA RL Johnson Associates LLC P.O. Box 23122 Jackson MS 39225 601-982-1177 REAL ESTATE LAW EXPERT WITNESS LITIGATION SUPPORT Qualified in Federal State Courts Martindale-Hubbell - AV Published Author Adjunct Prof. at MC LAW K. F. BOACKLE Attorney At Law 36 years 700 Avignon Dr. Suite C Ridgeland MS 39157 601-957-1557 EMPLOYMENT OPPORTUNITY Insurance Defense Litigation Attorney Duplass Zwain Bourgeois Pfister Weinstock APLC is seeking an attorney with 1-3 years of experience insurance defense and litigation experience required. Candidates must have relevant work experi- ence as an attorney as well as excellent aca- demic credentials top 20 of class rank is required. Dual licenses in Mississippi and Louisiana required. The position offers com- petitive salary and benefits. Interested candi- dates should e-mail rsum with cover letter transcript writing sample and references to CONSTRUCTION EXPERT Over 40 years experience. Completed 100s of projects. Hands on in every aspect of construc- tion. Currently have residential and commercial construction companies licensed and operating in Mississippi. Will save you time and money by helping develop your case Consulting Testimony Estimating Cost analysis Inspections Investigations. I have a mechani- cal engineering background. Experienced with Accidents Deaths Slip Fall Defects Disputes Various kinds Cost overruns Over drawn jobs Foundations Expansive soils Movements Drainage Foundation effect Contract Disputes Water intrusion mold rot Have worked cases involving Apartment complexes Casinos Convenience stores Churches Hospitals Hotels Restaurants Residences Contact Jodie Morgan J Morgan Consulting LLC PO Box 1303 Madison MS 39130 601 856-2089 REFERENCES AVAILABLE CONSTRUCTION ENGINEERING EXPERTS Forensic engineering and investigative inspec- tion work for Commercial buildings Residential Industrial facilities. Construction delay damages Construction defects Structural issues Foundations settlement Stucco EIFS For Industrial Facilities Commercial Buildings Residental Electrical issues Plumbing Piping Problems Air Conditioning Systems Fire Explosion Assessments Roofing problems Flooding Retention Ponds Engineering Standard of Care issues Radio Television Towers Contact Hal K. Cain Principal Engineer Cain and Associates Engineers Constructors Inc. 251.473.7781 251.689.8975 Office space available immediately in Ridgeland near Northpark Mall. Shared down- stairs lobby upstairs suite of 3 offices confer- ence room reception area and bathroom. 1200mo plus utilities. 601-978-1700. P.O. Box 2168 Jackson MS 39225-2168