April Addendum

Jones Achieves Milestone with ABA Accreditation

Congratulations to Faulkner University's Thomas Goode Jones School of Law on its recent full accreditation. The school announced in December that it was granted full approval by the American Bar Association's (ABA) Council of the Section of Legal Education and Admissions as an accredited institution of legal education.

And now there are three
This designation makes Jones the third accredited law school in Alabama (along with the University of Alabama and Cumberland schools of law) and is a significant milestone. Dean Charles Nelson, law school faculty, instructors and students should be very proud. Full accreditation means Jones graduates are eligible to sit for the bar exam in any state.

Jones School of Law received congratulatory wishes from Governor Bob Riley and Chief Justice Sue Bell Cobb, among others.

"I personally recognize the influence that Jones's alumni, administrative staff and faculty members have had on our legal community, and I am grateful to them for their continued support," Chief Justice Cobb said. "The recognition that this achievement will bring to our state at a national level is certain to reap benefits to our citizens."

Choosing between work and career
According to school history, Montgomery County Circuit Judge Walter B. Jones founded the law school in 1928 at the request of several young men and women who wanted to pursue a legal education but could not afford to give up their employment to attend a traditional law school. It was originally owned and operated by Judge Jones as a proprietary educational institution, and he served as president, dean and faculty member until his death in 1963.

In 1972, the University of Alabama acquired the school of law from Judge Jones's heir and transferred the institution's assets to a non-profit corporation, Jones Law Institute. In 1983, Alabama Christian College (now Faulkner University) purchased the school of law and moved it to the Faulkner campus, where it has steadily grown.

A “Best Value” School
Jones is consistently recognized as an outstanding choice for the pursuit of a law degree. The National Jurist magazine has ranked Jones School of Law as one of its Best Value Law Schools, and The Princeton Review included the school in its Best 172 Law Schools list for 2010. In 2009, Jones boasted an 89.4 percent pass rate for first-time bar-takers, surpassing the overall rate for the state, which was 77.3 percent. The law school also boasts a nationally prominent advocacy program whose teams are winning trial advocacy and moot court competitions across the country.

Heartfelt appreciation
The law school recently welcomed its class of 2012 which is comprised of 150 students from 22 states. Out-of-state students make up half of the entering class.

"This achievement is the result of the hard work of many people who took this as a goal and pursued it," said Dean Nelson. "To all who played such a significant role in our development over the past five years, I extend our heartfelt thanks and our congratulations for a job well done. And, as in all things, to God be the glory."

I add my congratulations, also, on behalf of the Alabama State Bar, on this momentous achievement. We are proud of all who helped to make it possible, and look forward to many years of success and continued achievement from Jones Law School and its graduates. Thank you for your continued dedication to excellence in the practice of law.
–Thomas J. Methvin, president, Alabama State Bar

Charity Golf Tournament Combines Opportunity for Fun with a Way to Help Students
The Student Bar Association at the Thomas Goode Jones School of Law is coordinating its annual charity event, the Don Garner Charity Golf Tournament. The tournament will take place April 12 at the Robert Trent Jones Golf Trail at Capitol Hill in Prattville. Included in the day's activities will be the Longest Drive and Putting competitions, a buffet-style lunch and the main event, a four-person team scramble.

Several levels of sponsorship are available and will support the Student Relief Fund.

For more information, contact Clayton Tartt at (601) 527-4921 or clayton.tartt@faulkner.edu.

Birmingham Employees Donate School Supplies to Women's Shelter Family

The Birmingham office of Adams & Reese LLP recently "adopted" a family from the battered women and children's center, Jessie's Place, and bought and delivered school supplies for the children (a kindergartener and a second-grader) for the upcoming school year.

Adams & Reese employee Amy White led this community project through the firm's HUGS (Hope, Understanding, Giving and Support) employee volunteer program. The Adams & Reese HUGS program is more than 20 years old and, since its inception, the firm has devoted thousands of hours and untold dollars to offer communities "hands-on" activities and assistance to those less fortunate.

A safe place for families
The office adopted the family through the Jimmie Hale Mission—Jessie's Place. Jessie's Place is named after the Jimmie Hale Mission's co-founder, Mrs. Jessie Hale Downs. It is a 24-hour residential program in a safe, supportive, Christian environment that was established as a haven for homeless and hurting women and children seeking shelter while preparing to reach self-sufficiency. The facility houses up to 35 women and children for three to six months.

“Thanks but…”

A loyal Addendum reader and ASB member recently sent us this note of appreciation for some design changes, with a small but worthwhile suggestion attached.

"Thanks for making it (Addendum) easier to read. I think you should make it clearer that you can read the whole issue and it can be opened, not just downloaded (which implies to me having to download the document to my computer, saving it as a document, etc.). I think it would be more accurate and enticing to say, 'A text-only version of the entire issue is available here." We agree.

“Thanks but…” Part 2

Quite a few Alabama Lawyer readers have contacted us regarding getting a copy of ASB member Bob McGregor's book, Whiskey Bent and Hell Bound: No Holiday for Justice. (McGregor was the subject of the March "Executive Director's Report" by Keith Norman.) The book is available at Amazon.com and Barnes and Noble.

Editor's note: Bob McGregor died March 31 from liver cancer.

Cumberland School of Law Honors Three during Reunion Weekend

Samford University's Cumberland School of Law honored three Birmingham attorneys during its National Alumni Association reunion dinner last month.

Honorees were W. Lee Thuston, distinguished alumnus of the year; Marda W. Sydnor, volunteer of the year; and Samuel H. Franklin, 2010 friend of the law school.

Thuston, a 1974 Cumberland graduate, is with Burr Forman LLP and co-chair of the law school's 2009-10 annual fund campaign. The distinguished alumnus honor recognizes a graduate who has excelled in the practice of law, community service and professional leadership.

Sydnor, a 1980 Cumberland graduate, is with Parsons, Lee & Juliano PC and co-chairs the 2009-10 annual fund campaign. A member of the 30-year class reunion committee, she has assisted in multiple facets of the law school program.

Franklin, with Lightfoot, Franklin & White LLC, was cited for his dedicated support of the law school and its future through contributions and participation in events.

The reunion dinner at Renaissance Ross Bridge Resort was part of a series of reunion weekend activities for Cumberland alumni, including a law school advisory board meeting, tours of the law building and law library and class reunions.

Humor Site Honors Judge Buchmeyer

For years, lawyers throughout the country enjoyed the humorous columns of U.S. District Judge Jerry Buchmeyer, which were published in the Texas Bar Journal. Judge Buchmeyer passed away last fall, and in his memory, a group of Texas lawyers has launched www.overheardincourt.com/. They invite lawyers to submit their funny courtroom stories and are offering cash prizes for those selected.

Lawyers Hall of Fame Inductees Include a Governor, a Mayor, a Legislator, a Philanthropist, and a Trial Lawyer, Oh My!

Two prominent Mobile attorneys, one of whom was the first African-American to be elected to the state legislature, a former governor who helped found Spring Hill College and one of the earliest lawyers known to represent injured persons will be inducted into the Alabama Lawyers Hall of Fame.

A special ceremony will be held at the Alabama Supreme Court May 7 at 11:30 a.m. when the state bar will unveil the plaques to be placed in the Hall of Fame, located on the lower level of the Heflin-Torbert Judicial Building.

Spotlighting significant contributions of lawyers
Samuel A. Rumore, Jr., who chairs the bar's Hall of Fame selection committee, explained, "The Hall of Fame was established seven years ago to spotlight significant contributions lawyers have made to the state throughout its history. These individuals have demonstrated a lifetime of achievement that exemplifies the bar's motto, 'Lawyers Render Service'."

The 2009 honorees are:

James G. Birney (1792–1857)
Member of the first Alabama legislature, progressive on racial and Indian matters, helped revise territorial laws and organize Alabama's judiciary, early promoter of primary and secondary education, early mayor of Huntsville

Clement C. Clay (1789–1866)
Chaired the drafting committee for the 1819 Constitution; circuit judge (1819), Alabama Supreme Court Justice (1820-1823), legislator and speaker of the house (1828-1829), member of U. S. Congress (1829-1835), elected eighth governor of Alabama (1835-1837), appointed to U. S. Senate (1837-1841), a founder of Spring Hill College, and preparer of Clay's Digest of State Laws

Michael A. Figures (1947–1996)
Accomplished lawyer, community leader, first African-American elected to the legislature from Mobile County (1986-1996), served as president pro tem of the Alabama senate (1996), making him the highest ranking African-American in history of Alabama at the time

Francis Hutcheson Hare Sr. (1904–1983)
Among the earliest lawyers in U. S. to solely represent injured individuals, highly regarded as an innovative trial tactician, respected leader and founder of the Alabama Trial Lawyers Association and president of the Alabama State Bar (1949-1950)

Samuel W. Pipes, III (1916–1982)
Noted and respected lawyer, president of the Alabama State Bar (1968-1969), president of the Mobile Bar Association (1959), played a vital role in raising funds to build the first state bar building and new University of Alabama law building, service award at the University of Alabama named in his honor and given annually for outstanding service by an alumnus

Honorees in select company
Rumore noted that honorees must be Alabama lawyers who have made extraordinary contributions through the law at the state, national or international level.

Nominees must meet the award criteria which includes having a breadth of achievement in their lifetime, demonstrating a profound respect for professional ethics, being recognized as a leader in their community, and leading, inspiring or mentoring others in the pursuit of justice. Only lawyers who have been deceased for a minimum of two years are considered.

This year's group of inductees will join such notable legal figures as Judge Frank M. Johnson, U.S. Supreme Court Justice Hugo Black, Alabama Supreme Court Chief Justice and U.S. Sen. Howell Heflin, and attorneys Arthur Davis Shores and Vernon C. Crawford, among others.

State Bar Publishes From Power To Service: The Story of Lawyers in Alabama

Book recounts political and social influence of lawyers from the state
A new book, From Power To Service: The Story of Lawyers in Alabama, tracing the history of the legal profession in the Yellowhammer state, has been published by the Alabama State Bar. The $40 commemorative book, written by ASB member Pat Boyd Rumore, chronicles the story of lawyers in the state's developing history.

The book opens in Mississippi Territory days with the appointment by President Thomas Jefferson of the first territorial judge in St. Stephens, the earliest settlement in what would become Alabama, and continues to present-day Alabama, where the profession has grown to more than 16,000 members.

Responding to changing times
"For more than 200 years, the Alabama State Bar and its predecessors have shaped the development of the law, responded to the demands of a changing society and kept the public informed of its rights and responsibilities," said ASB President Tom Methvin.

Rumore, a Birmingham attorney and legal historian, recounts the rich history of the legal profession in the 336-page book. She includes the individual stories of politicians and statesmen, jurists, writers, humorists, educators, war heroes, and civil rights advocates who were Alabama lawyers.

Lawyers played key role in shaping state politics
From Power To Service highlights federal jurists who helped end the segregated "southern way of life" by their decisions in cases brought by Alabama's great civil rights and civil liberties lawyers. The book also depicts the courage of women lawyers who opened the way for the expanded presence of women in the profession and deals with Alabama political history, which has been dominated by lawyers.

Holding political office was a natural outgrowth of a lawyer's place in the local community and the state. Also, the book traces the movement toward expansion and diversification of membership and improved professional standards of education, practical training and ethics, which are regulated by the Alabama State Bar as an arm of government to protect both the public and the profession.

Trust, integrity, service
The state bar is dedicated to improving the administration of justice and increasing the public understanding of and respect for the law. The values that guide the state bar are trust, integrity and service. The ASB has long served a dual role as an advocate for the profession and for the public. During the last few decades, with the growing complexity of society and our legal system, the ASB's public role has gained both emphasis and breadth.

State bar policies have been influential
Methvin said, "Since its creation as a unified bar association, the ASB has initiated programs addressing a wide range of public concerns: from merit selection of judges to securing adequate funding for representing the poor and indigent; from ensuring that non-lawyers sit on disciplinary panels to encouraging the use of mediation as an alternative method of dispute resolution. State bar positions play an influential role in determining public and social policy in state and national forums."

Proceeds from the sale of the book will go to the Alabama Law Foundation and the Bench and Bar Historical Society.

The Lawyer’s Guide to Finding Success in Any Job Market
By Richard L. Hermann
Kaplan Publishing
ISBN 978-1-60714-521-9
Reviewed by Laura A. Calloway

I receive lots of new books that publishers hope I'll review. And I dutifully try to slog through them all because, every once in a great while, the payoff is that I find a real jewel, which I can pass along.

My most recent such happy discovery is The Lawyer's Guide to Finding Success in Any Job Market by Richard L. Hermann. According to the information about the author, he received his JD from Cornell Law School and is a Concord Law School professor specializing in legal career management. He's also the founder and president of Federal Reports, Inc, a provider of legal career information in the U. S., and the co-founder of AttorneyJobs.com. He's taken his background in lawyer career development and turned it into one of the single most useful books I've ever seen for lawyers who are worried about losing their jobs, lawyers who have already lost their jobs and lawyers who would like to move from a less-than-thrilling practice area into something more fruitful.

11th-hour job preservation strategies
The book, which is an extremely quick read, is organized into three parts that help you quickly find the information you need for your particular situation.
Part I, "Eleventh-Hour Job Preservation Strategies," walks you through some very practical suggestions for determining whether your job is really in danger and, if it is, finding creative ways to continue doing the same work through an alternative work arrangement with your current employer or transferring your skills to another practice area or outside provider of similar services.

Legal careers that thrive in any economy
Part II is the meat of the book, and covers "Legal Careers that Thrive in Any Economy. Its initial chapter, "The Dynamic Dozen: Twelve Mainstream Opportunities," outlines 12 areas of the law that are healthy, and will remain so for some time to come. In the author's view, they are more heavily affected by "non-economic factors such as demographics, political and policy considerations, and commodity scarcity and corresponding pricing, than economic factors."

These areas include health law, energy law, food and drug law, government contract and procurement law, and land use and eminent domain, for example. But Hermann doesn't just suggest potential practice areas. He goes on to break down each area, using the health care area as an example, by describing what that area encompasses in terms of activities, in both law firm practice and health care provider practice. He also outlines government-related jobs at both the state and federal levels, as well as private employers. There is also information on law-related health care careers.

A cornucopia of useful information
For each practice area that he covers, Hermann provides information on compensation, who does it, future prospects, how to break in, and resources for more information. This section of the book is an absolute cornucopia of information for anyone who is thinking about seeking out greener pastures for his or her practice.

The second chapter in Part II covers four countercyclical opportunities that the author feels the recession has presented to lawyers, and the third chapter outlines hot practice areas during a recession. As with the preceding chapters, there is a huge amount of useful information, organized in a fashion that makes it easy to find, understand and use.

Job-hunting tactics
Part III is "Job-Hunting Tactics for Tough Times." In its three short chapters, Hermann covers how to move forward when you face the loss of a job to create a strong resume that matches your skills to the job you're seeking and then make sure that your resume stands out and you ace the interview.

If you are facing potential layoff or the axe has already fallen, or if you just want to move your existing practice forward by seeking new clients who need and can pay for your services, you can't afford to let this book go by without a look.

©2010 Laura A. Calloway and Alabama State Bar

Baldwin County Honors One of Their Own, Judge Harry Toulmin

Llewellyn "Lew" M. Toulmin is proud that his ancestor, Judge Harry Toulmin, is now memorialized with a stone marker and bronze plaque at the Baldwin County Courthouse during a recent ceremony.

But it is words on paper written by his great-great-great-great-grandfather that reveal how the jurist was able to influence early U.S. history from the rugged wilderness of southwest Alabama, Lew Toulmin said.

Toulmin prevented war with Spain
"I esteem it to be the duty of a public officer not only to discharge the immediate duties of his station, but to be ready at all times, and at all times anxious, to devote his time and talents to his country's good," reads the letter he recently discovered dated November 1804—the year Toulmin was appointed by President Thomas Jefferson as judge for a territory that included what is now Baldwin County.
"That encapsulates his approach to public service," said Lew Toulmin, who lives several months of the year in Fairhope. "He was multi-talented and took on so many difficult tasks. He prevented war with Spain and helped bring civilization and peace to this area."

Judge Toulmin (1766-1823) worked to stop several groups who were intent on seizing West Florida from Spanish control. If the Spanish land grab had been successful, it likely would have drawn the young United States of America into another war, said Fairhope attorney and local historian David Bagwell.
"Everyone was afraid we were going to have a war with Spain and the only guy who kept that from happening was Harry Toulmin," Bagwell explained.

Denied a federal judgeship
His interference with the so-called West Florida Revolution of 1810 resulted in his being very unpopular with residents of his territory and likely prevented him from receiving a federal judgeship for Alabama when it achieved statehood in 1819, Bagwell added.

"He was a big believer in people complying with the law, even though it cost him greatly," Bagwell said. "He did his duty anyway."

The $3,000 marker, paid for by county commissioners' contingency funds, lists Toulmin's accomplishments—Unitarian minister, president of Transylvania University in Kentucky, author of a collection of Alabama laws and Baldwin's sole delegate to the state Constitutional Convention.

Historical connection to Aaron Burr
And, most significantly, it notes that he was the judge who issued the arrest warrant for Aaron Burr. Had the former vice president succeeded in his reported plan to carve out a settlement in Louisiana, it also could have led to war, according to historians.

Burr was taken into custody February 20, 1807 in what is now Washington County, and then transferred by boat to Boatyard Lake in present-day Baldwin County.
Burr—most well known as the man who fatally shot former Treasury Secretary Alexander Hamilton in a New Jersey duel—was taken to Richmond, Virginia where he was acquitted on charges of treason.

Other descendants of Judge Toulmin attended the ceremony, including Gaynor Turner of Fairhope and Stephen Moore of Montrose.

"To have him still be remembered is a tribute to his gifts to the state of Alabama," Moore said.

Court Notices

Mobile County Probate Court New Address, Phone Numbers
The Mobile County Probate Court is in the process of relocating operations to the newly constructed Mobile County Courthouse Annex, adjacent to Mobile Government Plaza. New telephone numbers and court information for the court's staff were effective March 29.

Amendment of rules 28(d)(8), 32(a) and 52, Alabama Rules of Appellate Procedure, and Adoption of Rule 56, Alabama Rules of Appellate Procedure
The Alabama Supreme Court has amended rules 28(d)(8), 32(a) and 52, Alabama Rules of Appellate Procedure, and adopted Rule 56, Alabama Rules of Appellate Procedure. The amendment and adoption of these rules are effective June 1, 2010. The order amending rules 28(d)(8), 32(a) and 52 and adopting Rule 56 appears in an advance sheet of Southern Reporter dated on or about March 18, 2010. The newly adopted Rule 56 is entitled "Redaction of Personal Data Identifiers in Documents Filed with the Appellate Courts" and provides that the person or entity filing an electronic or paper document with the appellate courts redact from the document certain personal identifiers listed in the rule. It also provides that if the document contains information that cannot be adequately redacted the front cover of the document should so indicate. The amendment to Rule 52 provides that in cases where there is a need for anonymity the cover of the document being filed must so indicate. The amendments to rules 28(d) and 32(a) provide the means by which to indicate to the appellate court that the document contains such information. The text of these rules can be found at http://judicial.alabama.gov/rules/rules.cfm.
--Bilee Cauley, reporter of decisions, Alabama Appellate courts

Reappointment of Incumbent Magistrate Judge
The current term of office of United States Magistrate Judge Bert W. Milling, Jr. is due to expire November 20, 2010. The United States District Court for the Southern District of Alabama is required by law to establish a panel of citizens to consider the reappointment of the Magistrate Judge to a new eight-year term."

The duties of the position are demanding and wide-ranging and include the following: (1) Conduct of most preliminary proceedings in criminal cases; (2) Trial and disposition of misdemeanor cases; (3) Conduct of various pretrial matters in civil cases and evidentiary proceedings on delegation from the judges of the District Court; (4) Trial and disposition of civil cases upon consent of the litigants; and (5) Jury selection in most civil and criminal cases.

Comments from members of the bar and the public are invited as to whether the incumbent Magistrate Judge should be recommended by the panel for reappointment by the Court and should be marked "Confidential" and directed to:

Charles R. Diard, Jr., Clerk, U.S. District Court
RE: Magistrate Judge Reappointment
113 St. Joseph Street
Mobile, AL 36602
Comments must be received by close of business April 30, 2010.

Amendments to the Rules of the U.S. Court of Appeals for the Eleventh Circuit
Pursuant to 28 U.S.C. § 2071(b), notice and opportunity for comment is given of proposed amendments to the Rules of the U.S. Court of Appeals for the Eleventh Circuit. A copy of the proposed amendments may be obtained on and after April 1, 2010. Comments may be submitted to Office of the Clerk, U.S. Court of Appeals for the Eleventh Circuit, 56 Forsyth St., N.W., Atlanta 30303 by April 30, 2010.

Forget Orange and Blue or Crimson and White—Go Green!

Birmingham Civil Division Going Paperless with Changes in Filing Procedures
While we do not know the ultimate outcome of the fiscal woes of the State of Alabama this year, we have learned from history that our courts will not be adequately funded. Adequate court funding may occur when we get a new Alabama Constitution, merit selection of judges and fair tax reform or hell freezes over. In the meantime, we must deal with the reality of court funding.

Court funding cutbacks are critical
We remain ever hopeful, but if the legislative and executive branches fail us, we may be addressing further cut-backs in court personnel later this year. With over 97 percent of the court's budget being for personnel costs, when we lose funding, we lose employees. The number of employees in the clerk's offices is currently about one-half of what the studies show is needed to efficiently run those offices. In Birmingham, our clerk's office has never completely recovered from the financial crisis of 2004, when many employees were laid off. Since then, the clerk's office has been dealing with its normal caseload of paper filings, while making the conversion to electronic filing. In effect, they have been keeping two separate filing systems and that has exacerbated the personnel shortage.

E-filing results in cost savings
In 2005, we began electronic filing in the Alabama court system. While there has been some expected resistance to change, in most circuits the conversion to electronic filing has gone smoothly. The benefits of electronic filing and electronic access to case information have resulted in significant cost savings. Some of the clerical work has been shifted from the clerk to the judges and when the conversion to all electronic filing is completed, we expect that the clerk will be able to function with fewer employees.

Birmingham's successful conversion to e-filing
In Birmingham, we officially began e-filing motions and orders in 2006 and we started e-filing complaints in January 2007. The lawyers have eagerly adopted the program, primarily through registration for AlaFile and subscriptions to AlaCourt. Within a few months, the Birmingham division took the lead in the number of electronic filings in the state. Our district courts have entered far more electronic orders than any other Alabama courts. In 2009, we had more e-filed complaints than paper complaints in the circuit court. We can say that the conversion to e-filing in the civil division has been successful. Those who have tried it have been pleasantly surprised at how simple it is to use.

By court order, no more paper files
With the improvements in the system through e-filing, coupled with the need to make the courts operate more efficiently with less funding and fewer personnel, we are ready to go "paperless." (This is in quotation marks because many of us will continue to print documents since we are accustomed to reading from a printed page rather than from a screen.)

Effective May 3, 2010, the Circuit Clerk, Civil Division of the District Court and Civil Division of the Circuit Court in Birmingham, will no longer create paper files for newly-filed cases. The Case Action Summary, the pleadings, motions and orders will be available through AlaFile and AlaCourt. Additionally, paper copies of requested documents or files will be available in the clerk's office upon payment of the appropriate fee. Lawyers will be able to file cases, request leave to conduct discovery, submit motions and obtain consent and default judgments without leaving their own offices. It will avoid those last-minute runs to the courthouse to meet filing deadlines.

A polite request: register with AlaFile
There is another related issue. Most orders entered by the courts are now served on lawyers by e-mail when the order is e-filed by the court. However, when a lawyer or a self-represented party has not registered for AlaFile, the judge's office must mail a paper copy of the order. The cost to the courts for this mailing is tremendous in paper, copying, envelopes, postage, and clerical time. Therefore, we are strongly encouraging all lawyers who practice in Birmingham to register with AlaFile for the receipt of notices and orders.

There are no fees or ongoing charges for the registration and use of AlaFile for receipt of notices and orders. All that is needed is a working e-mail address. The registered attorney will receive court orders and notices immediately upon the entry of the order by the judge. If the lawyer does not "do" e-mail, it is suggested that a member of his/her staff can register.

AlaFile is fast, economical and (mostly) free
By registering for AlaFile, service copies will be transmitted electronically allowing for faster and more economical service. Additionally, registration will allow for electronic filing of documents via AlaFile. Electronic filing is free unless a filing fee is required by statute. In that case, the filing fee must be paid via a credit card through the application at the time of filing. For additional fees, lawyers may take advantage of Alacourt which provides online access in many cases to images of case filings and case information.

You owe it to yourself and your clients
The registration is simple. Go to https://alafile.alacourt.gov and then choose "Register" in the upper right corner. Complete the registration form online and submit. If you need help registering, call the IT Support Help Desk at the Administrative Office of Courts, (866) 954-9411, option 1 and then option 4. If there are lawyers who do not have access to a computer (or electricity), the court may exempt him/her from registration.

We appreciate the cooperation of both the bench and bar of Birmingham in the on-going effort to improve our legal system. By working together, we will maintain the efficiency of our Birmingham courts, even in the face of increasing budget cuts. We welcome your ideas.
–Presiding Judge J. Scott Vowell, Tenth Judicial Circuit of Alabama

ASB PHV Application Process Is Now Paperless (and Painless!)
The Pro Hac Vice (PHV) filing process has gone from paper to online. Instead of sending a check and hard copy of the Verified Application for Admission to Practice Pro Hac Vice to the Alabama State Bar, an out-of-state attorney can now request that their local counsel file their PHV Application through AlaFile, including electronic payment of the $300 application fee.

Once local counsel has filed this motion, it will go electronically to the PHV Clerk's office at the Alabama State Bar for review.

•If all of the information on the application is correct, the motion will be docketed and sent electronically to the Judge assigned to the case for ruling.

•If the information in the application is incorrect or incomplete, a Deficiency Notice will be emailed to the filer (local counsel). A corrected application may be resubmitted by local counsel via AlaFile.

The PHV Clerk will then review the corrected application and, once accepted, the motion will be docketed and sent electronically to the Judge assigned to the case for ruling.

Please refer to the "Step-by-Step Process," in order to file the PHV application in the correct location in the Alafile system. (It should no longer be filed under 'Motions Not Requiring Fee).

Take the Pledge of Professionalism

In 2001, then state bar President Sam Rumore of Birmingham introduced the Alabama State Bar Pledge of Professionalism. The pledge was the work of Pat Graves of Huntsville, and adapted from the Birmingham Pledge authored by Birmingham lawyer Jim Rotch. During his term as president, Mark White asked all board members to take the pledge and to urge their colleagues to do likewise by subscribing to its principles and, more importantly, by living it.

White said, "I believe professionalism has become a shorthand way of communicating the values of competence, civility, character and commitment to the public good. These are the qualities that all lawyers aspire to maintain. The Oath of Admission, Lawyers' Creed, Rules of Professional Conduct and the Pledge of Professionalism are the cornerstones of what it means to be a member of the Alabama State Bar."

If you haven't already done so, it's convenient and easy to add your name to the Pledge of Professionalism Honor Roll. Here's how:

If you've already created a User ID and Password:
1. Go to www.alabar.org and find "Take the Pledge of Professionalism and View the Honor Roll."

2. If you haven't taken the pledge, please read it and then choose "Take the Pledge."

3. You'll then see your name in the honor roll.

4. If you've already taken the pledge, you'll see a message thanking you for taking it (your name was automatically listed in the honor roll).

If you haven't created a User ID and Password:

1. Go to www.alabar.org/service/Pledge.cfm.

2. At the top of the page find "Click here to use the log-in procedure." Follow all of the prompts.

3. You'll be taken to the Member Control Panel; choose "Pledge of Professionalism."

4. Please read the pledge and then choose "Take the Pledge."

5. You'll see your name in the Honor Roll.

Please join your fellow members of the Alabama State Bar by adding your name to the Pledge of Professionalism Honor Roll.

	A Bi-Monthly Online Publication of the Alabama State Bar
April February December Archives
Jones Achieves Milestone with ABA Accreditation Congratulations to Faulkner University's Thomas Goode Jones School of Law on its recent full accreditation. The school announced in December that it was granted full approval by the American Bar Association's (ABA) Council of the Section of Legal Education and Admissions as an accredited institution of legal education. *And now there are three* This designation makes Jones the third accredited law school in Alabama (along with the University of Alabama and Cumberland schools of law) and is a significant milestone. Dean Charles Nelson, law school faculty, instructors and students should be very proud. Full accreditation means Jones graduates are eligible to sit for the bar exam in any state. Jones School of Law received congratulatory wishes from Governor Bob Riley and Chief Justice Sue Bell Cobb, among others. "I personally recognize the influence that Jones's alumni, administrative staff and faculty members have had on our legal community, and I am grateful to them for their continued support," Chief Justice Cobb said. "The recognition that this achievement will bring to our state at a national level is certain to reap benefits to our citizens." *Choosing between work and career* According to school history, Montgomery County Circuit Judge Walter B. Jones founded the law school in 1928 at the request of several young men and women who wanted to pursue a legal education but could not afford to give up their employment to attend a traditional law school. It was originally owned and operated by Judge Jones as a proprietary educational institution, and he served as president, dean and faculty member until his death in 1963. In 1972, the University of Alabama acquired the school of law from Judge Jones's heir and transferred the institution's assets to a non-profit corporation, Jones Law Institute. In 1983, Alabama Christian College (now Faulkner University) purchased the school of law and moved it to the Faulkner campus, where it has steadily grown. *A “Best Value” School* Jones is consistently recognized as an outstanding choice for the pursuit of a law degree. The National Jurist magazine has ranked Jones School of Law as one of its Best Value Law Schools, and The Princeton Review included the school in its Best 172 Law Schools list for 2010. In 2009, Jones boasted an 89.4 percent pass rate for first-time bar-takers, surpassing the overall rate for the state, which was 77.3 percent. The law school also boasts a nationally prominent advocacy program whose teams are winning trial advocacy and moot court competitions across the country. *Heartfelt appreciation* The law school recently welcomed its class of 2012 which is comprised of 150 students from 22 states. Out-of-state students make up half of the entering class. "This achievement is the result of the hard work of many people who took this as a goal and pursued it," said Dean Nelson. "To all who played such a significant role in our development over the past five years, I extend our heartfelt thanks and our congratulations for a job well done. And, as in all things, to God be the glory." I add my congratulations, also, on behalf of the Alabama State Bar, on this momentous achievement. We are proud of all who helped to make it possible, and look forward to many years of success and continued achievement from Jones Law School and its graduates. Thank you for your continued dedication to excellence in the practice of law. –Thomas J. Methvin, president, Alabama State Bar Charity Golf Tournament Combines Opportunity for Fun with a Way to Help Students The Student Bar Association at the Thomas Goode Jones School of Law is coordinating its annual charity event, the Don Garner Charity Golf Tournament. The tournament will take place April 12 at the Robert Trent Jones Golf Trail at Capitol Hill in Prattville. Included in the day's activities will be the Longest Drive and Putting competitions, a buffet-style lunch and the main event, a four-person team scramble. Several levels of sponsorship are available and will support the Student Relief Fund. For more information, contact Clayton Tartt at (601) 527-4921 or clayton.tartt@faulkner.edu. Birmingham Employees Donate School Supplies to Women's Shelter Family The Birmingham office of Adams & Reese LLP recently "adopted" a family from the battered women and children's center, Jessie's Place, and bought and delivered school supplies for the children (a kindergartener and a second-grader) for the upcoming school year. Adams & Reese employee Amy White led this community project through the firm's HUGS (Hope, Understanding, Giving and Support) employee volunteer program. The Adams & Reese HUGS program is more than 20 years old and, since its inception, the firm has devoted thousands of hours and untold dollars to offer communities "hands-on" activities and assistance to those less fortunate. *A safe place for families* The office adopted the family through the Jimmie Hale Mission—Jessie's Place. Jessie's Place is named after the Jimmie Hale Mission's co-founder, Mrs. Jessie Hale Downs. It is a 24-hour residential program in a safe, supportive, Christian environment that was established as a haven for homeless and hurting women and children seeking shelter while preparing to reach self-sufficiency. The facility houses up to 35 women and children for three to six months. “Thanks but…” A loyal Addendum reader and ASB member recently sent us this note of appreciation for some design changes, with a small but worthwhile suggestion attached. "Thanks for making it (Addendum) easier to read. I think you should make it clearer that you can read the whole issue and it can be opened, not just downloaded (which implies to me having to download the document to my computer, saving it as a document, etc.). I think it would be more accurate and enticing to say, 'A text-only version of the entire issue is available here." We agree. “Thanks but…” Part 2 Quite a few Alabama Lawyer readers have contacted us regarding getting a copy of ASB member Bob McGregor's book, Whiskey Bent and Hell Bound: No Holiday for Justice. (McGregor was the subject of the March "Executive Director's Report" by Keith Norman.) The book is available at Amazon.com and Barnes and Noble. Editor's note: Bob McGregor died March 31 from liver cancer. Cumberland School of Law Honors Three during Reunion Weekend Samford University's Cumberland School of Law honored three Birmingham attorneys during its National Alumni Association reunion dinner last month. Honorees were W. Lee Thuston, distinguished alumnus of the year; Marda W. Sydnor, volunteer of the year; and Samuel H. Franklin, 2010 friend of the law school. Thuston, a 1974 Cumberland graduate, is with Burr Forman LLP and co-chair of the law school's 2009-10 annual fund campaign. The distinguished alumnus honor recognizes a graduate who has excelled in the practice of law, community service and professional leadership. Sydnor, a 1980 Cumberland graduate, is with Parsons, Lee & Juliano PC and co-chairs the 2009-10 annual fund campaign. A member of the 30-year class reunion committee, she has assisted in multiple facets of the law school program. Franklin, with Lightfoot, Franklin & White LLC, was cited for his dedicated support of the law school and its future through contributions and participation in events. The reunion dinner at Renaissance Ross Bridge Resort was part of a series of reunion weekend activities for Cumberland alumni, including a law school advisory board meeting, tours of the law building and law library and class reunions. Humor Site Honors Judge Buchmeyer For years, lawyers throughout the country enjoyed the humorous columns of U.S. District Judge Jerry Buchmeyer, which were published in the Texas Bar Journal. Judge Buchmeyer passed away last fall, and in his memory, a group of Texas lawyers has launched www.overheardincourt.com/. They invite lawyers to submit their funny courtroom stories and are offering cash prizes for those selected. Lawyers Hall of Fame Inductees Include a Governor, a Mayor, a Legislator, a Philanthropist, and a Trial Lawyer, Oh My! Two prominent Mobile attorneys, one of whom was the first African-American to be elected to the state legislature, a former governor who helped found Spring Hill College and one of the earliest lawyers known to represent injured persons will be inducted into the Alabama Lawyers Hall of Fame. A special ceremony will be held at the Alabama Supreme Court May 7 at 11:30 a.m. when the state bar will unveil the plaques to be placed in the Hall of Fame, located on the lower level of the Heflin-Torbert Judicial Building. *Spotlighting significant contributions of lawyers* Samuel A. Rumore, Jr., who chairs the bar's Hall of Fame selection committee, explained, "The Hall of Fame was established seven years ago to spotlight significant contributions lawyers have made to the state throughout its history. These individuals have demonstrated a lifetime of achievement that exemplifies the bar's motto, 'Lawyers Render Service'." The 2009 honorees are: James G. Birney (1792–1857) Member of the first Alabama legislature, progressive on racial and Indian matters, helped revise territorial laws and organize Alabama's judiciary, early promoter of primary and secondary education, early mayor of Huntsville Clement C. Clay (1789–1866) Chaired the drafting committee for the 1819 Constitution; circuit judge (1819), Alabama Supreme Court Justice (1820-1823), legislator and speaker of the house (1828-1829), member of U. S. Congress (1829-1835), elected eighth governor of Alabama (1835-1837), appointed to U. S. Senate (1837-1841), a founder of Spring Hill College, and preparer of Clay's Digest of State Laws Michael A. Figures (1947–1996) Accomplished lawyer, community leader, first African-American elected to the legislature from Mobile County (1986-1996), served as president pro tem of the Alabama senate (1996), making him the highest ranking African-American in history of Alabama at the time Francis Hutcheson Hare Sr. (1904–1983) Among the earliest lawyers in U. S. to solely represent injured individuals, highly regarded as an innovative trial tactician, respected leader and founder of the Alabama Trial Lawyers Association and president of the Alabama State Bar (1949-1950) Samuel W. Pipes, III (1916–1982) Noted and respected lawyer, president of the Alabama State Bar (1968-1969), president of the Mobile Bar Association (1959), played a vital role in raising funds to build the first state bar building and new University of Alabama law building, service award at the University of Alabama named in his honor and given annually for outstanding service by an alumnus *Honorees in select company* Rumore noted that honorees must be Alabama lawyers who have made extraordinary contributions through the law at the state, national or international level. Nominees must meet the award criteria which includes having a breadth of achievement in their lifetime, demonstrating a profound respect for professional ethics, being recognized as a leader in their community, and leading, inspiring or mentoring others in the pursuit of justice. Only lawyers who have been deceased for a minimum of two years are considered. This year's group of inductees will join such notable legal figures as Judge Frank M. Johnson, U.S. Supreme Court Justice Hugo Black, Alabama Supreme Court Chief Justice and U.S. Sen. Howell Heflin, and attorneys Arthur Davis Shores and Vernon C. Crawford, among others. State Bar Publishes From Power To Service: The Story of Lawyers in Alabama *Book recounts political and social influence of lawyers from the state* A new book, From Power To Service: The Story of Lawyers in Alabama, tracing the history of the legal profession in the Yellowhammer state, has been published by the Alabama State Bar. The $40 commemorative book, written by ASB member Pat Boyd Rumore, chronicles the story of lawyers in the state's developing history. The book opens in Mississippi Territory days with the appointment by President Thomas Jefferson of the first territorial judge in St. Stephens, the earliest settlement in what would become Alabama, and continues to present-day Alabama, where the profession has grown to more than 16,000 members. *Responding to changing times* "For more than 200 years, the Alabama State Bar and its predecessors have shaped the development of the law, responded to the demands of a changing society and kept the public informed of its rights and responsibilities," said ASB President Tom Methvin. Rumore, a Birmingham attorney and legal historian, recounts the rich history of the legal profession in the 336-page book. She includes the individual stories of politicians and statesmen, jurists, writers, humorists, educators, war heroes, and civil rights advocates who were Alabama lawyers. *Lawyers played key role in shaping state politics* From Power To Service highlights federal jurists who helped end the segregated "southern way of life" by their decisions in cases brought by Alabama's great civil rights and civil liberties lawyers. The book also depicts the courage of women lawyers who opened the way for the expanded presence of women in the profession and deals with Alabama political history, which has been dominated by lawyers. Holding political office was a natural outgrowth of a lawyer's place in the local community and the state. Also, the book traces the movement toward expansion and diversification of membership and improved professional standards of education, practical training and ethics, which are regulated by the Alabama State Bar as an arm of government to protect both the public and the profession. *Trust, integrity, service* The state bar is dedicated to improving the administration of justice and increasing the public understanding of and respect for the law. The values that guide the state bar are trust, integrity and service. The ASB has long served a dual role as an advocate for the profession and for the public. During the last few decades, with the growing complexity of society and our legal system, the ASB's public role has gained both emphasis and breadth. *State bar policies have been influential* Methvin said, "Since its creation as a unified bar association, the ASB has initiated programs addressing a wide range of public concerns: from merit selection of judges to securing adequate funding for representing the poor and indigent; from ensuring that non-lawyers sit on disciplinary panels to encouraging the use of mediation as an alternative method of dispute resolution. State bar positions play an influential role in determining public and social policy in state and national forums." Proceeds from the sale of the book will go to the Alabama Law Foundation and the Bench and Bar Historical Society. *The Lawyer’s Guide to Finding Success in Any Job Market* By Richard L. Hermann Kaplan Publishing ISBN 978-1-60714-521-9 *Reviewed by Laura A. Calloway* I receive lots of new books that publishers hope I'll review. And I dutifully try to slog through them all because, every once in a great while, the payoff is that I find a real jewel, which I can pass along. My most recent such happy discovery is The Lawyer's Guide to Finding Success in Any Job Market by Richard L. Hermann. According to the information about the author, he received his JD from Cornell Law School and is a Concord Law School professor specializing in legal career management. He's also the founder and president of Federal Reports, Inc, a provider of legal career information in the U. S., and the co-founder of AttorneyJobs.com. He's taken his background in lawyer career development and turned it into one of the single most useful books I've ever seen for lawyers who are worried about losing their jobs, lawyers who have already lost their jobs and lawyers who would like to move from a less-than-thrilling practice area into something more fruitful. *11th-hour job preservation strategies* The book, which is an extremely quick read, is organized into three parts that help you quickly find the information you need for your particular situation. Part I, "Eleventh-Hour Job Preservation Strategies," walks you through some very practical suggestions for determining whether your job is really in danger and, if it is, finding creative ways to continue doing the same work through an alternative work arrangement with your current employer or transferring your skills to another practice area or outside provider of similar services. *Legal careers that thrive in any economy* Part II is the meat of the book, and covers "Legal Careers that Thrive in Any Economy. Its initial chapter, "The Dynamic Dozen: Twelve Mainstream Opportunities," outlines 12 areas of the law that are healthy, and will remain so for some time to come. In the author's view, they are more heavily affected by "non-economic factors such as demographics, political and policy considerations, and commodity scarcity and corresponding pricing, than economic factors." These areas include health law, energy law, food and drug law, government contract and procurement law, and land use and eminent domain, for example. But Hermann doesn't just suggest potential practice areas. He goes on to break down each area, using the health care area as an example, by describing what that area encompasses in terms of activities, in both law firm practice and health care provider practice. He also outlines government-related jobs at both the state and federal levels, as well as private employers. There is also information on law-related health care careers. *A cornucopia of useful information* For each practice area that he covers, Hermann provides information on compensation, who does it, future prospects, how to break in, and resources for more information. This section of the book is an absolute cornucopia of information for anyone who is thinking about seeking out greener pastures for his or her practice. The second chapter in Part II covers four countercyclical opportunities that the author feels the recession has presented to lawyers, and the third chapter outlines hot practice areas during a recession. As with the preceding chapters, there is a huge amount of useful information, organized in a fashion that makes it easy to find, understand and use. *Job-hunting tactics* Part III is "Job-Hunting Tactics for Tough Times." In its three short chapters, Hermann covers how to move forward when you face the loss of a job to create a strong resume that matches your skills to the job you're seeking and then make sure that your resume stands out and you ace the interview. If you are facing potential layoff or the axe has already fallen, or if you just want to move your existing practice forward by seeking new clients who need and can pay for your services, you can't afford to let this book go by without a look. ©2010 Laura A. Calloway and Alabama State Bar Baldwin County Honors One of Their Own, Judge Harry Toulmin Llewellyn "Lew" M. Toulmin is proud that his ancestor, Judge Harry Toulmin, is now memorialized with a stone marker and bronze plaque at the Baldwin County Courthouse during a recent ceremony. But it is words on paper written by his great-great-great-great-grandfather that reveal how the jurist was able to influence early U.S. history from the rugged wilderness of southwest Alabama, Lew Toulmin said. *Toulmin prevented war with Spain* "I esteem it to be the duty of a public officer not only to discharge the immediate duties of his station, but to be ready at all times, and at all times anxious, to devote his time and talents to his country's good," reads the letter he recently discovered dated November 1804—the year Toulmin was appointed by President Thomas Jefferson as judge for a territory that included what is now Baldwin County. "That encapsulates his approach to public service," said Lew Toulmin, who lives several months of the year in Fairhope. "He was multi-talented and took on so many difficult tasks. He prevented war with Spain and helped bring civilization and peace to this area." Judge Toulmin (1766-1823) worked to stop several groups who were intent on seizing West Florida from Spanish control. If the Spanish land grab had been successful, it likely would have drawn the young United States of America into another war, said Fairhope attorney and local historian David Bagwell. "Everyone was afraid we were going to have a war with Spain and the only guy who kept that from happening was Harry Toulmin," Bagwell explained. *Denied a federal judgeship* His interference with the so-called West Florida Revolution of 1810 resulted in his being very unpopular with residents of his territory and likely prevented him from receiving a federal judgeship for Alabama when it achieved statehood in 1819, Bagwell added. "He was a big believer in people complying with the law, even though it cost him greatly," Bagwell said. "He did his duty anyway." The $3,000 marker, paid for by county commissioners' contingency funds, lists Toulmin's accomplishments—Unitarian minister, president of Transylvania University in Kentucky, author of a collection of Alabama laws and Baldwin's sole delegate to the state Constitutional Convention. *Historical connection to Aaron Burr* And, most significantly, it notes that he was the judge who issued the arrest warrant for Aaron Burr. Had the former vice president succeeded in his reported plan to carve out a settlement in Louisiana, it also could have led to war, according to historians. Burr was taken into custody February 20, 1807 in what is now Washington County, and then transferred by boat to Boatyard Lake in present-day Baldwin County. Burr—most well known as the man who fatally shot former Treasury Secretary Alexander Hamilton in a New Jersey duel—was taken to Richmond, Virginia where he was acquitted on charges of treason. Other descendants of Judge Toulmin attended the ceremony, including Gaynor Turner of Fairhope and Stephen Moore of Montrose. "To have him still be remembered is a tribute to his gifts to the state of Alabama," Moore said. Court Notices *Mobile County Probate Court New Address, Phone Numbers* The Mobile County Probate Court is in the process of relocating operations to the newly constructed Mobile County Courthouse Annex, adjacent to Mobile Government Plaza. New telephone numbers and court information for the court's staff were effective March 29. Amendment of rules 28(d)(8), 32(a) and 52, Alabama Rules of Appellate Procedure, and Adoption of Rule 56, Alabama Rules of Appellate Procedure The Alabama Supreme Court has amended rules 28(d)(8), 32(a) and 52, Alabama Rules of Appellate Procedure, and adopted Rule 56, Alabama Rules of Appellate Procedure. The amendment and adoption of these rules are effective June 1, 2010. The order amending rules 28(d)(8), 32(a) and 52 and adopting Rule 56 appears in an advance sheet of Southern Reporter dated on or about March 18, 2010. The newly adopted Rule 56 is entitled "Redaction of Personal Data Identifiers in Documents Filed with the Appellate Courts" and provides that the person or entity filing an electronic or paper document with the appellate courts redact from the document certain personal identifiers listed in the rule. It also provides that if the document contains information that cannot be adequately redacted the front cover of the document should so indicate. The amendment to Rule 52 provides that in cases where there is a need for anonymity the cover of the document being filed must so indicate. The amendments to rules 28(d) and 32(a) provide the means by which to indicate to the appellate court that the document contains such information. The text of these rules can be found at http://judicial.alabama.gov/rules/rules.cfm. --Bilee Cauley, reporter of decisions, Alabama Appellate courts *Reappointment of Incumbent Magistrate Judge* The current term of office of United States Magistrate Judge Bert W. Milling, Jr. is due to expire November 20, 2010. The United States District Court for the Southern District of Alabama is required by law to establish a panel of citizens to consider the reappointment of the Magistrate Judge to a new eight-year term." The duties of the position are demanding and wide-ranging and include the following: (1) Conduct of most preliminary proceedings in criminal cases; (2) Trial and disposition of misdemeanor cases; (3) Conduct of various pretrial matters in civil cases and evidentiary proceedings on delegation from the judges of the District Court; (4) Trial and disposition of civil cases upon consent of the litigants; and (5) Jury selection in most civil and criminal cases. Comments from members of the bar and the public are invited as to whether the incumbent Magistrate Judge should be recommended by the panel for reappointment by the Court and should be marked "Confidential" and directed to: Charles R. Diard, Jr., Clerk, U.S. District Court RE: Magistrate Judge Reappointment 113 St. Joseph Street Mobile, AL 36602 Comments must be received by close of business April 30, 2010. *Amendments to the Rules of the U.S. Court of Appeals for the Eleventh Circuit* Pursuant to 28 U.S.C. § 2071(b), notice and opportunity for comment is given of proposed amendments to the Rules of the U.S. Court of Appeals for the Eleventh Circuit. A copy of the proposed amendments may be obtained on and after April 1, 2010. Comments may be submitted to Office of the Clerk, U.S. Court of Appeals for the Eleventh Circuit, 56 Forsyth St., N.W., Atlanta 30303 by April 30, 2010. Forget Orange and Blue or Crimson and White—Go Green! *Birmingham Civil Division Going Paperless with Changes in Filing Procedures* While we do not know the ultimate outcome of the fiscal woes of the State of Alabama this year, we have learned from history that our courts will not be adequately funded. Adequate court funding may occur when we get a new Alabama Constitution, merit selection of judges and fair tax reform or hell freezes over. In the meantime, we must deal with the reality of court funding. *Court funding cutbacks are critical* We remain ever hopeful, but if the legislative and executive branches fail us, we may be addressing further cut-backs in court personnel later this year. With over 97 percent of the court's budget being for personnel costs, when we lose funding, we lose employees. The number of employees in the clerk's offices is currently about one-half of what the studies show is needed to efficiently run those offices. In Birmingham, our clerk's office has never completely recovered from the financial crisis of 2004, when many employees were laid off. Since then, the clerk's office has been dealing with its normal caseload of paper filings, while making the conversion to electronic filing. In effect, they have been keeping two separate filing systems and that has exacerbated the personnel shortage. *E-filing results in cost savings* In 2005, we began electronic filing in the Alabama court system. While there has been some expected resistance to change, in most circuits the conversion to electronic filing has gone smoothly. The benefits of electronic filing and electronic access to case information have resulted in significant cost savings. Some of the clerical work has been shifted from the clerk to the judges and when the conversion to all electronic filing is completed, we expect that the clerk will be able to function with fewer employees. *Birmingham's successful conversion to e-filing* In Birmingham, we officially began e-filing motions and orders in 2006 and we started e-filing complaints in January 2007. The lawyers have eagerly adopted the program, primarily through registration for AlaFile and subscriptions to AlaCourt. Within a few months, the Birmingham division took the lead in the number of electronic filings in the state. Our district courts have entered far more electronic orders than any other Alabama courts. In 2009, we had more e-filed complaints than paper complaints in the circuit court. We can say that the conversion to e-filing in the civil division has been successful. Those who have tried it have been pleasantly surprised at how simple it is to use. *By court order, no more paper files* With the improvements in the system through e-filing, coupled with the need to make the courts operate more efficiently with less funding and fewer personnel, we are ready to go "paperless." (This is in quotation marks because many of us will continue to print documents since we are accustomed to reading from a printed page rather than from a screen.) Effective May 3, 2010, the Circuit Clerk, Civil Division of the District Court and Civil Division of the Circuit Court in Birmingham, will no longer create paper files for newly-filed cases. The Case Action Summary, the pleadings, motions and orders will be available through AlaFile and AlaCourt. Additionally, paper copies of requested documents or files will be available in the clerk's office upon payment of the appropriate fee. Lawyers will be able to file cases, request leave to conduct discovery, submit motions and obtain consent and default judgments without leaving their own offices. It will avoid those last-minute runs to the courthouse to meet filing deadlines. *A polite request: register with AlaFile* There is another related issue. Most orders entered by the courts are now served on lawyers by e-mail when the order is e-filed by the court. However, when a lawyer or a self-represented party has not registered for AlaFile, the judge's office must mail a paper copy of the order. The cost to the courts for this mailing is tremendous in paper, copying, envelopes, postage, and clerical time. Therefore, we are strongly encouraging all lawyers who practice in Birmingham to register with AlaFile for the receipt of notices and orders. There are no fees or ongoing charges for the registration and use of AlaFile for receipt of notices and orders. All that is needed is a working e-mail address. The registered attorney will receive court orders and notices immediately upon the entry of the order by the judge. If the lawyer does not "do" e-mail, it is suggested that a member of his/her staff can register. *AlaFile is fast, economical and (mostly) free* By registering for AlaFile, service copies will be transmitted electronically allowing for faster and more economical service. Additionally, registration will allow for electronic filing of documents via AlaFile. Electronic filing is free unless a filing fee is required by statute. In that case, the filing fee must be paid via a credit card through the application at the time of filing. For additional fees, lawyers may take advantage of Alacourt which provides online access in many cases to images of case filings and case information. You owe it to yourself and your clients The registration is simple. Go to https://alafile.alacourt.gov and then choose "Register" in the upper right corner. Complete the registration form online and submit. If you need help registering, call the IT Support Help Desk at the Administrative Office of Courts, (866) 954-9411, option 1 and then option 4. If there are lawyers who do not have access to a computer (or electricity), the court may exempt him/her from registration. We appreciate the cooperation of both the bench and bar of Birmingham in the on-going effort to improve our legal system. By working together, we will maintain the efficiency of our Birmingham courts, even in the face of increasing budget cuts. We welcome your ideas. *–Presiding Judge J. Scott Vowell, Tenth Judicial Circuit of Alabama* *ASB PHV Application Process Is Now Paperless (and Painless!)* The Pro Hac Vice (PHV) filing process has gone from paper to online. Instead of sending a check and hard copy of the Verified Application for Admission to Practice Pro Hac Vice to the Alabama State Bar, an out-of-state attorney can now request that their local counsel file their PHV Application through AlaFile, including electronic payment of the $300 application fee. Once local counsel has filed this motion, it will go electronically to the PHV Clerk's office at the Alabama State Bar for review. •If all of the information on the application is correct, the motion will be docketed and sent electronically to the Judge assigned to the case for ruling. •If the information in the application is incorrect or incomplete, a Deficiency Notice will be emailed to the filer (local counsel). A corrected application may be resubmitted by local counsel via AlaFile. The PHV Clerk will then review the corrected application and, once accepted, the motion will be docketed and sent electronically to the Judge assigned to the case for ruling. Please refer to the "Step-by-Step Process," in order to file the PHV application in the correct location in the Alafile system. (It should no longer be filed under 'Motions Not Requiring Fee). Take the Pledge of Professionalism In 2001, then state bar President Sam Rumore of Birmingham introduced the Alabama State Bar Pledge of Professionalism. The pledge was the work of Pat Graves of Huntsville, and adapted from the Birmingham Pledge authored by Birmingham lawyer Jim Rotch. During his term as president, Mark White asked all board members to take the pledge and to urge their colleagues to do likewise by subscribing to its principles and, more importantly, by living it. White said, "I believe professionalism has become a shorthand way of communicating the values of competence, civility, character and commitment to the public good. These are the qualities that all lawyers aspire to maintain. The Oath of Admission, Lawyers' Creed, Rules of Professional Conduct and the Pledge of Professionalism are the cornerstones of what it means to be a member of the Alabama State Bar." If you haven't already done so, it's convenient and easy to add your name to the Pledge of Professionalism Honor Roll. Here's how: If you've already created a User ID and Password: 1. Go to www.alabar.org and find "Take the Pledge of Professionalism and View the Honor Roll." 2. If you haven't taken the pledge, please read it and then choose "Take the Pledge." 3. You'll then see your name in the honor roll. 4. If you've already taken the pledge, you'll see a message thanking you for taking it (your name was automatically listed in the honor roll). If you haven't created a User ID and Password: 1. Go to www.alabar.org/service/Pledge.cfm. 2. At the top of the page find "Click here to use the log-in procedure." Follow all of the prompts. 3. You'll be taken to the Member Control Panel; choose "Pledge of Professionalism." 4. Please read the pledge and then choose "Take the Pledge." 5. You'll see your name in the Honor Roll. Please join your fellow members of the Alabama State Bar by adding your name to the Pledge of Professionalism Honor Roll.
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