Summer 2009 - Cumberland School of Law - Samford University

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Alabama Law Foundation ounded in 1987, the Alabama Law FFoundation strives to make access to justice in Alabama a reality for all Alabama citizens. A charitable, tax-exempt organization affiliated with the Alabama State Bar, the Alabama Law Foundation receives funds from the interest on Lawyers’ Trust Accounts [IOLTA] Program and uses those funds for law-related charitable projects that support the foundation’s mission. The foundation devotes 80% of its IOLTA grants to providers of civil legal aid to the poor. The remaining 20% of grants are for projects to improve the administration of justice and law-related education. Due to the implementation of mandatory IOLTA, the Alabama Law Foundation was able to increase grants to groups providing civil legal aid from $190,000 in 2007 to $680,000 in 2009. Alabama has increased funding per poor person for legal aid from $10 to $12 over the past two years, but still falls significantly below the national average of $20. Legal Services Alabama and the state’s four volunteer lawyers programs provided assistance to 10,800 clients in 2008. However, the need is much greater. According to a 2006 survey of the legal need of low-income residents, 422,119 of Alabama’s low-income households experienced one or more legal problems that year but received assistance with only 16% of their cases. One in five households did not make any attempt to solve their legal problem. 6 SUMMER 2009 • THE CUMBLERLAND LAWYER continued from page 5 ‘General’ Patton Seeks to Aid Indigents Attorney Martha Jane Patton ’78 is the executive director at Legal Aid Society of Birmingham. She has held the position for more than 11 years and directs a staff of 19 lawyers who represent indigent adults and children from court-appointed cases in the greater Birmingham area. Patton always felt a strong call to use her education and skills in the public service arena.“I found myself in a secure office job but felt restless about not fully using my life interests and education,” she said. Patton left her job to join the staff at Selma Interreligious Project, an economic justice organization in Tuscaloosa, where she experienced a sense of “doing something important for people.” She was empowered by her female coworkers to pursue a law degree to further her knowledge of civil rights and economic justice. During law school, Patton continued her work with juvenile justice on a study in West Alabama and also worked part-time as an ombudsman at Chalkville, a state facility for incarcerated girls.After being admitted to practice and gaining some experience, Patton devoted herself to cases at Family Court and developed a juvenile law concentration in her own practice. Patton joined Legal Aid Society of Birmingham in 1998. Since then, the office has grown in size and budget, housing a staff of 19 lawyers, two full-time social investigators and four support staff. Under Patton’s leadership, the office has adopted standards in line with those of the American Bar Association and has improved the reputation of the lawyering skills offered. MarthaJanePatton All of the attorneys with Legal Aid Society have chosen to work in an area of the law where financial success is a lesser goal than that of serving the profession and the public through quality representation of the indigent. Patton is working to increase the level of funding to bring staff salaries to a comparable rate with prosecutors in the courts. Funding comes from the state’s Fair Trial Tax Fund and from occasional grants for special projects. “Our financial existence is dependent upon contracts with local court systems, which use their collected Fair Trial Tax Funds to hire us,” said Patton. Currently, Legal Aid Society holds contracts with Family Court of Jefferson County, Birmingham Municipal Court and, from time to time, municipal courts in Jefferson County. Unfortunately,“a bad economy often equates with a higher crime level, more domestic violence, and more abuse and neglect of children, all the areas where our lawyers work,” she said.“We have seen a definite increase in cases lately, but our funding is operating a year behind that curve. It remains to be seen how the downturn over the last months will affect our contract negotiations this year.”
Regardless of funding, Patton hopes that the Legal Aid Society will continue to uphold the high ideals of its founders, especially those of the late General Edward Friend, whose work in establishing the organization in 1952 grew from his involvement with the National Legal Aid & Defender Association. Sometimes known as “the General” by those close to her, Patton’s intense, goal-driven personality and strong leadership traits have gained recognition from her colleagues in the legal field. She received the Birmingham Bar Association’s L. Burton Barnes III Public Service Award in 2003 for her work with the Legal Aid Society and for a life dedicated to serving the public. Patton said she was very humbled by the experience, but even that high honor “cannot match the satisfaction of prevailing on behalf of a worthy client.” Patton has had many such victories over her 31 years of practice, and said that some of the happiest moments of her career have come “when a child’s life has been forever changed through an adoption or a custody award to loving parents. “From early childhood, I have understood my task in this life is to work for the spread of God’s Kingdom.That is better done with action than words, so I consider it a privilege that I have received the education and opportunities to allow me to do that,” said Patton. Strand Leads Trial Team to Take on Courtroom from Another Side Ben Strand ’67 has been serving as judge of the Jefferson County General Sessions Court in Tennessee for 11 years, but some of his most important work takes place from the other side of the bench. For the past three years, Strand has worked with students at MountainView Youth Development Center, training a team to compete in the Tennessee State High School Mock Trial Competition. The competition is a public service project of the Tennessee Bar Association’s Young Lawyers Division and is in its 29th year. Located in Dandridge,Tenn., the center serves up to 144 male juvenile offenders, ages 13 through 18, who are primarily from East Tennessee. It operates an accredited, on-site school that offers course work leading to a high school diploma, vocational programming, special education services, GED preparation and testing, ACT testing, and career counseling.Their treatment program offers case management and individual and group therapy. In 2007, a mock trial team from Jefferson County High School needed to compete against another team to qualify for state competition. Strand, who was a volunteer softball coach at MountainView, put together a lastminute team from the center.The Mountain View team did so well in the mock trial that Strand decided to work with them to compete in future competitions. “They’re experienced with courtroom procedure because they’ve gone through it,” said Strand.“They’re not [there] for breaking kindergarten rules. Most of them could have as many as three felonies.” Last fall, Strand began working with the newly assembled mock trial team as soon as the problem was released in November.The team worked diligently for four months, holding practices at least four nights a week. “The boys were dedicated to the problem and worked very hard,” said Strand.“They did a lot on their own, preparing a lot of the questions and testimony themselves.” Alonzo Coleman, 16, acted as a mock defense attorney and captain for the 13member team. He wrote the entirety of his closing argument, and most of his questions for direct and cross-examination. Coleman, who is at MountainView for crimes including aggravated robbery, was given the 2009Youth Excellence Award by the Tennessee Commission on Children andYouth for his success in turning his life around. BenStrand In February, the MountainView team competed with teams from two other local high schools in the regional competition. While the team did not win the overall competition in points, Strand says he is still very proud of their effort. “This was the best group I’d ever had,” said Strand.“They did a very commendable job, and they learned a lot about the legal system.” Public service has always played a large part in Strand’s life, but the boys of MountainView seem to have struck a special cord. Strand also conducts a student Bible study on most Sunday nights and was instrumental in starting a tutoring program for the center in conjunction with students from Carson-Newman college. “Many of these boys come from broken homes,” said Strand.“They just need somebody to say,‘Hey son, I care about you. I’m interested in you doing well and getting out of here.’ “If I can turn one around, it’s been a success,” Strand said. continued on page 8 SUMMER 2009 • THE CUMBLERLAND LAWYER 7
Page 1 and 2: Summer 2009 Cumberland Graduates Ma
Page 3 and 4: 4 10 14 16 A Commitment to Serve Ma
Page 5 and 6: Virginia Student Bar Association Or
Page 7: Methvin Succeeds White as ASBA Pres
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Page 17 and 18: The law school provided Christmas p
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Page 21 and 22: DanielleTouart Touart Champions Inn
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Page 27 and 28: FOCUS ON FACULTY Bishop DiRusso Gre
Page 29 and 30: McCormick Ross Smolin Stoddard Walt
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Page 33 and 34: Peter J. Hardin of Sirote & Permutt
Page 35 and 36: the area of litigation and business

Summer 2009 - Cumberland School of Law - Samford University

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