My practice is primarily focused on civil litigation, with additional practice areas where I try to counsel clients and prepare documents to minimize litigation. In legal jargon, I am a civil lawyer and my goal is to also be a “civil” (courteous & professional) lawyer in my dealing with opposing counsel, judges, court officials, parties and clients. I am starting this blog to have a forum where civil discussion can take place regarding issues that arise from the practice of law and developments springing from court decisions and legislation. I think an appropriate topic to kick this blog off is the importance of civility in the legal arena. Some trial lawyers and lawyers in general have developed a reputation for
THERE’S MUCH TO BE PROUD OF IN OUR LEGAL SYSTEM, AND GIBSON CASE ILLUSTRATED IT WELL
This article first appeared in The Asheville-Citizen Times May 6, 2006. ©2011 The Gannett Company; All rights reserved. As a lawyer, I sometimes chafe at derogatory comments directed toward the judicial system. Most often my reaction is elicited by some uninformed statement prompted by a judge’s ruling or jury verdict that was not popular. In some countries the public’s confidence in the judicial system depends heavily upon the outcome of a trial. If the verdict appears to be correct, the presumption is that the trial was a fair one. In the United States we have a different approach. We believe that the best way to assure a just outcome is to require due process in the proceedings. That is, if
LOOKING AHEAD INSTEAD OF BACK
Georgia Bar Journal, Vol. 5 No. 1; ©State Bar of Georgia, 1999-2010. Used by permission, all rights reserved. The Bylaws of the State Bar of Georgia specify the duties of the President. One of those responsibilities is to “deliver a report at the Annual Meeting of the members of the activities of the State Bar during his or her term of office and furnish a copy of the report to the Supreme Court of Georgia.” Following is 1998-99 President William E. Cannon, Jr.’s report delivered on June 18 to the Board of Governors. I’ve made a career out of occasionally – make that frequently – doing the unexpected. What better way to end my year as Bar President than by
IT’S TIME TO GET BACK TO THE BASICS
Georgia Bar Journal, Vol. 4 No. 6; ©State Bar of Georgia, 1999-2010. Used by permission, all rights reserved. Most of my time this year has been spent on the subject of public confidence in the justice system. I have spoken to many civic clubs and bar associations about the troubled relationship between the justice system and the public. In this issue of the Bar Journal you will find a report on the Bar’s effort to improve that relationship (see page 10). We have received an excellent response to the Foundations of Freedom program and it should get us moving in the right direction. However, the most important steps we can take to restore public confidence in lawyers and the legal
A LESSON FROM ANNIE
Georgia Bar Journal, Vol. 4 No. 4; ©State Bar of Georgia, 1999-2010. Used by permission, all rights reserved. When Annie first came to my office she was in tears. Her husband had died unexpectedly and she was totally unprepared to cope with the years ahead of her. He had taken care of every detail of her life. She did not know where bank accounts were located, what bills were paid every month or what taxes were due. She had been a loving wife and mother but was now alone. Her two children were grown and had left home. She had no job and no real skill to offer a prospective employer. Behind her tears her eyes had the fearful look
NO MORE SITTING ON THE SIDELINES
Georgia Bar Journal, Vol. 4 No. 3; ©State Bar of Georgia, 1998-2010. Used by permission, all rights reserved. We have all been there. It’s a holiday party at a friend’s house. The atmosphere is festive, the food and drink are plentiful and we are enjoying being away from the care and concerns of practicing law. Then it happens. A well-meaning friend feels compelled to share the latest lawyer joke. Frantically looking around the room, we try to find a quick way out. We feel our face beginning to burn as we sense every eye in the room on us. Praying that this will be that rare animal – a truly funny lawyer joke – we fix an awkward grin on
TOO MUCH TALKING, NOT ENOUGH LISTENING
Georgia Bar Journal, Vol 4 No.2; ©State Bar of Georgia, 1998-2010. Used by permission, all rights reserved. The car radio is the object of much disagreement in the Cannon family. I am a talk radio junkie and no one else in my family shares this affliction. Whenever I drive Dawn’s car I always reset the radio to a talk radio station. This results in a frown followed by “I don’t see how you can listen to that stuff!” Being trained in the nuances of human language, I quickly realize that she does not wish to be entertained by Rush, Neal or J. Gordon, and I surrender control of the radio dial. For some inexplicable reason I enjoy listening to people
A CHIP OFF THE OL’ BLOCK, I HOPE
Georgia Bar Journal, Vol. 4 No.1; ©State Bar of Georgia, 1998-2010. Used by permission, all rights reserved. My father ran a general store in Leesburg during my childhood years. I spent many afternoons after school sweeping the wooden floor, exploring many fascinating tools in the hardware department and looking through a large collection of catalogues. The highlight of my day was a visit from one of the many traveling salesmen who called upon my father. Most possessed a wonderful sense of humor and I enjoyed participating in the easygoing banter that accompanied their visits. As I grew older, those visitors would often call me “a chip off the ol’ block.” I would grin and exchange glances with my father, proud