Legislative Issues on Tap for Fall BOG Meeting

A variety of legislative issues are on the agenda for the Fall 2012 meeting of the State Bar of Georgia's Board of Governors to be held at the Jekyll Island Club on Saturday October 27, 2012. You can see the agenda and a lot of the supporting information on line at the following web address: http://www.gabar.org/committeesprogramssections/boardofgovernors/upload/Fall2012_boardbook.pdf. Among the issues to be considered are: 1. A request for $2.5 million to be appropriated by the state to provide services for victims of domestic violence. 2. A proposal to modify the uniform statutory rule against perpetuities to change the vesting period from 90 years to 360 years. This would make Georgia consistent with surrounding states. 3. An update to the Uniform Commercial Code Article 9. 4. A proposal to prohibit transfer fee covenants. 5. A request for $800,000 in funding for the Georgia Appellate Resource Center, which provides post-conviction legal services in death penalty cases. This is the same amount currently budgeted for Fiscal Year 2012. If you need more information on any of these items, you can find it at the link to the on-line agenda. Also at that link is a report on the State Bar's legislative activities for the 2012 session of the Georgia General Assembly. In addition, there is a history of the State Bar's involvement with "tort reform" legislation since 1972. Another item of interest involves Villaneuva et al. v. First American Title Insurance Co., Supreme Court Case No. S12G0484, in which certiorari was granted to determine whether the Court of Appeals erred in finding that legal malpractice claims can be assignable. Included in the "Informational Reports" section of the BOG agenda is what appears to be a proposed amicus curiae brief on behalf of the State Bar of Georgia. (I say proposed because as of October 24, 2012, the Supreme Court Docket does not reflect the filing of any amicus briefs.) Again, you can find this proposed brief at the website link to the agenda. The brief argues that the Court of Appeals erred in holding that legal malpractice claims are assignable. Katie Wood, Post 1, Stone Mountain Circuit

Proximate Cause Charge

Since I mentioned in my previous post that I was going to the meeting of a committee considering a proposal to change the pattern jury charge on proximate cause, I figured I should file a quick update because I know that there may be as many as one person wondering how that turned out. Here's the proposed charge, drafted by a subcommittee, that was approved by the Bench and Bar Committee: "In order for the Plaintiff to recover, you must find that the Defendant's act [or failure to act] was the proximate cause of the Plaintiff's injuries. "Proximate cause" is a legal term. When a person's act [or failure to act] naturally and probably brings about the harm, it is the "proximate cause" of those injuries. "The "proximate cause" of an injury must be more than a remote or trivial factor. However, it does not have to be the only cause of the Plaintiff's injuries. Liability may be imposed when the Defendant's conduct played a part in bringing about the injury, even if some other forces for which the Defendant was not responsible contributed to the harm in some way." The committee also proposed replacing the term "proximate cause" with the term "legal cause" because "proximate" is not a word that most jurors know. The committee's recommendations will be sent to the Council of Superior Court Judges, which has a committee that updates the pattern charges. There was some discussion among the Bench and Bar Committee that the use of the words "injuries" and "harm" in the proposed change might make it less neutral than the current charge. Another concern was that the proposed change did not contain the phrase "unbroken by other causes," which is in the current pattern charge. But the committee ultimately decided to send the draft as written by the subcommittee to the judges' council. In case you've been wondering through all of this: "What is the current pattern charge?" it is as follows: "Proximate cause is that which, in the natural and continuous sequence, unbroken by other causes, produces an event and without which the event would not have occurred. Proximate cause is that which is nearest in the order of responsible causes, as distinguished from remote, and that which stands last in causation, not necessarily in time or place, but in causal relations." See why it needs work? The Bench and Bar Committee also decided to take a look at a change in the language of the oath of bailiffs, which is found in O.C.G.A. 15-12-140. Because this is set out in a statute, a recommendation for change would have to be made to the State Bar to take to the legislature. The current oath states: "You shall take all juries committed to your charge during the present term to the jury room or some other private and convenient place where you shall keep them without meat or drink (water excepted), unless otherwise directed by the court. You shall make no communication with them yourself nor permit anyone to communicate with them, except by leave of the court. You shall discharge all other duties which may devolve upon you as bailiff to the best of your skill and power. So help you God." The change under consideration would eliminate: "where you shall keep them without meat or drink (water excepted), unless otherwise directed by the court." Presumably that will prevent jurors from being starved during deliberations, or perhaps under a broader reading of the language, being forced into vegetarianism.

Heading Down To Savannah

I'm about to head down to Savannah for the State Bar's Annual Meeting. I'm posting the agenda below. Also on tap, a meeting of the Bench & Bar Committee, which will consider recommending an improvement to the pattern charge on proximate cause. (Doesn't get much more exciting than this!) http://www.gabar.org/committeesprogramssections/boardofgovernors/AM12.cfm STATE BAR OF GEORGIA 242nd BOARD OF GOVERNORS MEETING & 2012 ANNUAL MEMBERS’ MEETING 9:00 a.m.–12:00 noon, Friday, June 1, 2012 Westin Savannah Harbor Golf Resort & Spa Savannah, GA 1) ADMINISTRATION a) Call to Order, Ken Shigley, President 2011-2012 b) Pledge of Allegiance c) Invocation d) Recognition of Past Presidents, Judges and Special Guests, Ken Shigley e) Recognition of Retiring Executive Committee Members and Board of Governors Members, Ken Shigley James H. Bisson III, Conasauga Circuit – 8 years on Board Wayne B. Bradley, Ocmulgee Circuit – 19 years on Board Edward E. Carriere, Jr., Stone Mountain Circuit – 20 years on Board Peter J. Daughtery, Chattahoochee Circuit – 12 years on Board Viola Sellers Drew, Atlanta Circuit – 7 years on Board George C. Floyd, South Georgia Circuit – 13 years on Board Michael G. Geoffroy, Alcovy Circuit – 3 years on Board J. Alexander Johnson, Brunswick Circuit – 10 years on Board Andrew W. Jones, Cobb Circuit – 11 years on Board Charles D. Jones, Griffin Circuit – 4 years on Board Devereaux F. McClatchey, Out of State Circuit – 2 years on Board J. Robert Persons, Atlanta Circuit – 15 years on Board David C. Smith, Rome Circuit – 6 years on Board Matthew T. Smith, Northeastern Circuit – 6 years on Board S. Lester Tate III, Cherokee Circuit – 17 years on Board Joseph L. Waldrep, Chattahoochee Circuit – 22 years on Board James L. Wiggins, Oconee Circuit – 24 years on Board f) Recognition of Sponsors, Ken Shigley g) Roll Call (by signature), Patrise Perkins-Hooker, Secretary, 2011-2012 2) CONSENT AGENDA a) Minutes of the 241st Meeting of the Board of Governors, March 31, 2012 (action), Patrise Perkins-Hooker b) Future Meetings Schedule (information), Robin Clark, President Elect, 2011-2012 3) AWARDS The award recipients are listed in a separate brochure. 4) ANNUAL MEMBERS’ MEETING All active State Bar of Georgia members are invited to attend and vote in the Annual Members’ Meeting. a) Action (1) Disciplinary Rules Amendments, Paula Frederick Rule 7.2 Required Disclosures in Lawyers’ Advertisements Rule 7.3(a)(5) Prohibiting Solicitation Letters before the lawyer has confirmed service Rule 7.3 Comments 8 and 9 Selection Process for Lawyer Referral Service Rules 4-219 and 4-228 Receiverships for Lawyer Referral Service (2) Atlanta Business Court Filing Fee (Business Court Rule 1004), Mary Gill, Bill Barwick b) Informational Reports (1) Memorials, Ken Shigley (2) Investigative Panel, Chris Ray (3) Review Panel, Tony Askew (4) Formal Advisory Opinion Board, Jim Ellington c) Special Reports (1) Supreme Court of Georgia, The Honorable George H. Carley, Chief Justice, Supreme Court of Georgia (2) Court of Appeals of Georgia, The Honorable John Ellington, Chief Judge, Court of Appeals of Georgia (3) Georgia Law Department Sam Olens, Attorney General (via video) (4) Office of Governor, Ryan Teague, Executive Counsel to Governor Nathan Deal (5) Georgia Senate Judiciary Committee, Senator Bill Hamrick, Chair (6) Georgia House of Representatives Judiciary Committee, Rep. Wendell Willard, Chair House Majority Whip, Rep. Edward Lindsey (7) President’s Address, Ken Shigley, (Introduction by Lester Tate) 5) ADJOURNMENT - Board Meeting will meet again at 9:00 a.m. Saturday, June 2, 2012 STATE BAR OF GEORGIA 243rd BOARD OF GOVERNORS MEETING 9:00 a.m.–12:00 noon, Saturday, June 2, 2012 Westin Savannah Harbor Golf Resort & Spa Savannah, GA 1) ADMINISTRATION a) Call to Order, Ken Shigley, President, 2011-2012 b) Presiding, Robin Clark, President, 2012-2013 c) Pledge of Allegiance d) Invocation e) Recognition of Former Presidents, Judges and Special Guests, Robin Clark f) Welcome to New Officers and Board Members, Robin Clark g) Roll Call (by signature), Bob Kauffman, Secretary, 2012-2013 2. CONSENT AGENDA (Unanimous consent items. Any item may be moved from Consent Agenda to Action Items agenda upon request of any member of the Board of Governors) a) Approval of President’s Appointments to the State Disciplinary Boards (action) b) Approval of 2012-13 Standing, Special and Program Committees (action) c) Executive Director Election (2012-2013) (action) (1) Cliff Brashier d) Georgia Legal Services Appointments (two year terms, 6/12 to 6/14) (action) (1) Reappointments Wade W. Herring II, Savannah C. Ben Garren, Jr., Atlanta Patti A. Gorham, Atlanta Tamera M. Woodard, Atlanta (2) New Member to succeed Brad McFall, Cedartown e) 2012-2013 State Bar Election Schedule (action) f) Future Meeting Schedule (information) g) Authorization for President to Secure Blanket Position Bonds for Officers and Staff (action) h) Designation of Depositories for General Operations of State Bar of Georgia (action) i) Employment of Independent Auditing Firm to Audit Financial Records of State Bar for FY 2011 (action) j) Executive Committee Minutes (information) (1) February 16, 2012 (2) March 9, 2012 (3) April 19, 2012 3) PRESIDENT’S REMARKS 2012-13 Program, Robin Clark 4) EXECUTIVE COMMITTEE ELECTION Please keep nominations to 5 minutes. Please keep seconds to 2 minutes a) One-Year Term, 2012-2013 (1) Unexpired term of Bob Kauffman b) Two-Year Term 2012-2014 (group election) (1) Expired term of Phyllis Holmen (2) Expired term of Rita Sheffey (3) Expired term of Harvey Weitz 5) ACTION a) Treasurer’s Report (Information), Patrise Perkins-Hooker, Treasurer, 2012-2013 b) 2012–2013 State Bar Budgets (action), Patrise Perkins-Hooker (Operating Budget and Bar Center Budget), Robin Clark, Steve Laine 6) INFORMATIONAL REPORTS a) YLD, Jon Pannell, YLD President, 2012-13 b) 2013 Legislation Preview, Robin Clark, Tom Boller, Rusty Sewell, Charlie Tanksley, Jim Collins c) ABA, Allan Tanenbaum, Linda Klein d) Office of the General Counsel, Paula Frederick 7) WRITTEN REPORTS a) Fee Arbitration b) Law Practice Management c) Long Range Planning d) Military Legal Assistance e) Professionalism f) Unauthorized Practice of Law g) Transition into Law Practice h) Chief Justice’s Commission on Professionalism i) BASICS j) Sections’ Annual Reports Animal Law Section Aviation Section Bankruptcy Section Business Law Section Corporate Counsel Section Eminent Domain Section Environmental Law Section Franchise and Distribution Law Section Individual Rights Law Section Intellectual Property Law Section Judicial Section Nonprofit Law Section School and College Law Section Taxation Law Section Tort and Insurance Practice Section Workers’ Compensation Section 8) CLOSING a) Old Business, Robin Clark b) New Business, Robin Clark c) Remarks / Q&A / Comments / Suggestions d) Adjournment e) Pictures (Very Important) Immediately following the meeting, photos will be made of: (1) all new Board of Governors members (2) all returning Board of Governors members who want their photos updated (3) 2012-2013 Officers and Executive Committee

Deja Vu All Over Again: Board of Governors Approves $2 Dues Increase

As I began gathering my thoughts to write about the Spring meeting of the State Bar's Board of Governors on March 31, 2012, it occurred to me I could practically cut and paste what I wrote last year about the $2 dues increase and just tweak some of the numbers a little bit. The latest $2 increase will bring dues to $240 for active members and to $120 for inactive members.

The reason for the increase this year is the same as last year--covering the cost of various programs the State Bar has taken on in recent years without increasing dues. Last year's $2 increase was the first increase since 2008.

What was different this year was that before taking a vote on the dues increase, the board voted to undertake a detailed review of the cost effectiveness of the various programs that the State Bar has taken under its wing due when they lost funding from the Georgia Bar Foundation. The per member cost of absorbing these programs, as well as the creation of new initiatives such as the Military Legal Assistance Program, is $24.27 per member. The total cost of these various programs is $964,768.

Last year, I described a $2 increase as de minimis. And I still feel that way about this year's $2 increase.

But $2 here and $2 there for very long can begin to add up to some real money. So, it seems to me a good thing that there will be an assessment in the near future of the cost-effectiveness of these programs.

Other items that you will see on your bar dues statement will include section dues, at rates of $10 to $35 to opt in; assessments required by the bar rules for the Clients' Security Fund and the Bar Center; Checkoffs for the Legislative and Public Education Fund, a $100 opt out; and, a $250 suggested opt-in for the Georgia Legal Services Program.

In other action, the board voted to create a new section--the Child Protection and Advocacy Section. This new section is geared toward lawyers who practice in Juvenile Court and those who represent children in other forums, such as Probate Court, or before school tribunals.

The board also amended the bylaws of the Family Law Section so that its fiscal year will be the same as the State Bar's year and to control legislative advocacy to make it subject to the same rule, bylaws and policies of the State Bar itself. In other words, to make clear that the Family Law Section cannot individually advocate before the General Assembly.

Legislation
The General Assembly having just completed its 2012 session, the State Bar's chief lobbyist Tom Boller reported on the outcome of various legislative issues that the State Bar was tracking. A full report on these items will be posted to the State Bar's website in the near future.

Legislative highlights include funding at requested levels for legal services for victims of domestic violence, $1.8 million; ICJE funding, $458,000; indigent defense, over $40 million, which is about 98 percent of what is raised from fees increased to cover these costs; and, $800,000 for the Resource Center, which had seen its funding slashed to $500,000 in recent years.

Other items tracked by the State Bar which gained passage this year included the new Open Records Law, an international arbitration code, a uniform depositions act, an a civil process bill. Criminal justice reform was adopted, although some important changes, such as giving judges more discretion in sentencing under laws with mandatory minimums, did not make the final bill and will require long term effort.

The Juvenile Code revision did not pass due to funding concerns, brought on in part because of the unknown effect of reduced revenue from tax cuts and questions about the cost effectiveness of the criminal justice reforms.

Information Reports
The board received information reports on a variety of topics, including:

--The revamp of the State Bar's website, which is expected to debut in April. New features will include readily accessible member log in and member directory search boxes on the home page. The handbook is being arranged in a more user friendly fashion. There will be a master calendar of bar activities that coordinates with an event registration area. In addition, the website will have a mobile platform to make it compatible with various mobile devices without the necessity of downloading a special app. From the member directory search function it will be possible to simply click to call the listed phone number and there will be a button to click to get directions to the address.

--Web-based public service announcements, a variation on ads previously aimed at improving the image of lawyers, this time are being launched in an effort to educate the public on the need to utilize lawyers in various aspects of their lives--such as contract formation, estate planning, etc. This five month program, which will run from May 1 through September 30, will cost $100,000 and will place ads on a variety of new media websites.

--The disciplinary rules committee is looking to revise Rule 7.3 c, regarding the permissibility of lawyers paying fees to a commercial lawyer referral service. This issue came to light when a for-profit referral business began referring cases to the highest bidder based on bids made on synopses of the cases. A proposed rule to address this issue is being fast-tracked for approval at the State Bar's annual meeting this summer.

--The Fair Market Practices Committee is looking at issues regarding runners. The committee is working to educate agencies that release accident reports, to make them aware that it is a crime to help people solicit clients for lawyers. The committee also wants to work with law enforcement in their regular training sessions at the police academies to educate them on this issue. The committee is also considering ways to make the public aware that if they are approached by a runner to make a report. In addition, the committee is working to educate solicitors about this type of criminal activity and urge them to prosecute. The committee is also looking at lawyer advertising, with an eye toward rules dealing with the types of disclosures and disclaimers to put in the ads. Another concern is lawyers who contact persons who have been sued for divorce to solicit their business, sometimes before the person has even be served with the law suit.

--There will be a Georgia Bar Leadership Institute held at the State Bar Headquarters on April 27, aimed at the leaders of local bar associations. This will be coupled with a Braves baseball outing.

--SOLACE, an acronym of Support of Lawyers/Legal personnel All Concern Encouraged, is moving toward organizing members of the legal community to create an outreach network to assist judges, lawyers, court personnel, and law office staff that have a medical crisis in their family. As described on the State Bar's website, "types of assistance range anywhere from a need for a place for a family to stay near a distant hospital during cancer treatment or a transplant, or help in getting an appointment with a medical specialist with a long waiting list."

--The Georgia Legal Food Frenzy will take place from April 23 to May 4 to collect food for local food banks.

--There will be a Unauthorized Practice of Law Public Hearing on June 1 in Savannah on the issue of contracts by consulting foresters.

--The YLD is celebrating its 65th anniversary this year with a them of inclusiveness. Attendance at YLD meetings is up 30 percent. At its recent signature fundraiser, the YLD raised $73,000 for Georgia Legal Services.

Elections
There are contested elections for State Bar Treasurer and YLD Secretary, as well as for various Board of Governors posts, including Post 9 of the Stone Mountain Circuit. You can vote on line or send in the ballot you receive in the mail.

You can find information on all of the races here:
http://www.gabar.org/news/vote_here_-_2012_state_bar_of_georgia_election_information/


Please note that I am running for re-election to Post 1 of the Stone Mountain Circuit, but without opposition unless someone would like to mount a write-in campaign.


Katie Wood, Post 1, Stone Mountain Circuit

Better Late Than Never?

The Board of Governors meets in the morning and I'm just now getting a chance to review the agenda. Might be the closest I've cut this yet. But, most importantly at my paying job, I have read about 30 depositions in the past 10 days. My aging eyeballs can only take so much, which is why I listen to books. Here's a link to the agenda if you want to follow along as I read.

http://www.gabar.org/news/2012_midyear_meeting_-_jan_5-7/