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BOUTIQUE FIRM OF THE MONTH

Garland Samuel & Loeb, P.C.

By Dan Baldwin


Elovitz/O’Nan, LLC

Law Firm of the Month


Karen Deming

of Troutman Sanders

Practice Profile


4 | www.AttorneyAtLawMagazine.com


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Table of Contents

EDITORIAL

6 Street Smarts Build Businesses

Book Smarts Build Cases.

By Frankie Fihn

8 Improving Your Negotiation

Skills

By Andy Little

10 Rachel Elovitz &

Gillian Fierer O’Nan

Law Firm of the Month

13 How to Quickly & Cost-

Effectively Improve Your

Online Marketing Strategy

By Slavey Tolev

16 Garland Samuel & Loeb, P.C.

Boutique Firm of the Month

By Laura Maurice

19 How To Handle the

Emergency Phone Call When

Your Client Is Arrested for DUI

By Jim Yeargan

20 For Your Personal Life

Wealth Management Services

for Attorneys

By Bill Moss

22 Karen Deming

Practice Profile

By Laura Maurice

25 Data Security Best Practices

for Business Leaders

By Mark St. Peter

SPECIAL SECTIONS

14 Event Spotlight

28 Talk of the Town

From the Publisher

BUILDING A PORTFOLIO

OF “CONTENT”

All of us have heard this

expression before, “one persons

trash is another persons treasure.”

Right. Those words lead me to answer

this publishing question. Do you have

this same fleeting feeling when you

submit byline articles to “so-called”

news organizations?

You personally spend countless hours

researching and drafting the perfect article

then, you send it to the news publishing

companies. You wait to here from them

and look through the pages; and not one

printed or referenced the article. You’re not

deterred so you turn to a public relations

agency. The PR agency tells you, “we will

write your article for a fee and next will

send it to our news sources for a fee.” OK.

You agree and you wait again for the article

to be published. You have no idea if it will

be published. But, you paid this highpowered

PR agency to get it published. So

you have confidence it will be published.

Was it worth it? Were you in control of

the process? Ultimately you want your

audience to read your article and to make

a judgment.

News, information and content have

become a niche business. Find your target

audience and if you want to reach this

audience through a publication invest in

your work. This magazine targets nearly

16,000 private practice attorneys.

Highest regards,

Metro Atlanta Edition | (404) 229-0780 | BMcGill@AttorneyAtLawMagazine.com

Volume 4 Issue 6 Attorney at Law Magazine ® Metro Atlanta | 5


Book

Smarts

Build

Cases.

Street

Smarts

Build

Businesses.

By Frankie Fihn

Is becoming a better lawyer really the

best way to build a successful law

practice? As attorneys, we are rigorously

trained on the importance

of book smarts. From getting into law

school, surviving it, and then passing

the bar, book smarts are the key to getting

ahead. So many people believe that

by going to a top school they will automatically

pave the way to a better life. Is

that actually true? First, what do I mean

by book smarts? I mean being such a

good lawyer at the technical aspects of

the law that your clients stand up and

say, “Wow, you won my case like a rock

star lawyer on ‘Suits.’”

6 | www.AttorneyAtLawMagazine.com

The Surprising Truth About Book Smarts

Book smart people usually make for

great employees. They don’t run great

legal businesses. Building a great legal

business requires creatively using the

resources around you that most people

are oblivious to. It takes street smarts.

Why does it matter? Most clients don’t

purchase enough legal services to know

the difference between a great lawyer

and a mediocre one. In fact, nine times

out of 10, before meeting you, they

use only your website to judge your

perceived competence. They aren’t sophisticated

legal buyers. That means

they decide based on your self-created

online perception. It’s why everybody

knows that one successful personal injury

lawyer who is 99 parts promoter and

only one part attorney.

Unfortunately, book smarts don’t

make clients decide to hire you in the

first place. Don’t get me wrong. There

are other benefits to being a legal rockstar

at the technical aspects of law –

winning cases, negotiating deals or zealously

representing a cause that matters.

One of the Greatest Lies Ever Told

“If I just become a better lawyer, I will

get more business.” Many attorneys unwisely

follow models and mentors who

have never achieved the result they de-


ONE OF THE GREATEST LIES

EVER TOLD - ‘IF I JUST BECOME

A BETTER LAWYER, I WILL GET

MORE BUSINESS.’

sire. However, there are smart lawyers

who have built successful practices

without Ivy League educations. Many

of them work just 30 hours per week

or less, for ideal clients they enjoy, all

while making top dollar.

How did they create a successful

legal business? For starters, they first

figured out the outcome they wanted in

their life. They were driven by the desire

for quality family time, abundant

income and real lifestyle freedom. From

that, they reverse engineered what clients,

situations and cases supported

that lifestyle. They didn’t create marketing

to get more clients. They created

marketing to get more clients that support

their life goals. They were willing

to turn away business from clients who

had the money but compromise that

freedom.

How can you learn from their success?

It starts by knowing what will

have the single greatest impact. If you

ask most attorneys why they don’t have

enough business, it’s simply because

they just don’t have enough clients looking

at their website. If that were true,

they would turn around, give their credit

card to Google and count the clients

by the dozen. It’s that easy to run ads,

yet they don’t do it. Why? Because when

clients see their website, they don’t call.

What they really have is a website conversion

problem in disguise.

Bar none, the single most powerful

resource you have to consistently make

your phone ring is your website. Unfortunately,

most attorney websites read

like an overly factual online business

card. Here are a few powerful pieces of

information you can use to vastly improve

your website. What are you client’s

most common questions? What

are the most common types of mistakes

they should avoid? What are some common

myths they believe that aren’t true?

What benefits will they enjoy as a result

of working with you? How does your

type of case work? What are the basics

they need to know? You don’t need to

go into excruciating detail. Clients are

just looking for enough information to

believe that when it comes to their legal

problem, you understand what they’re

going through and you can help them.

Your website should be entirely about

your client’s situation and barely even

mention words like we, I, us or our.

Before they even call, how helpful is

your website to your clients?

Frankie Fihn is a marketing consultant who helps

attorneys make twice the money in half the time

by using guaranteed systems to attract ideal clients.

He is currently offering a free resource for

attorneys on his website LawyerClients.com.

SEARCHING

FOR OUR

NEXT

LAW FIRM

OF THE MONTH

DO YOU KNOW

SOMEONE TO

NOMINATE?

Contact Us At (404) 229-0780 Or

BMcGill@AttorneyAtLawMagazine.com

Volume 4 Issue 6 Attorney at Law Magazine ® Metro Atlanta | 7


Improving Your

Negotiation

Skills: Part Two

By Andy Little

T

here

are five easy steps to being a

good negotiator. In the last issue’s

article, I spelled out the first two

steps: preparing for negotiations and exchanging

necessary information. Today,

I’ll pick up on steps three, four and five,

all of which I teach in my advanced negotiation

course.

Know Your Case

Quite frequently, one or more of the litigation

teams do not fully understand the

value and risks of their case. The lawyer

may be unprepared in one or more aspects

of the case. The lawyer may be prepared

but hasn’t communicated his/her understanding

about value to the client. And,

more frequently, the lawyer is prepared

and has tried on many occasions to communicate

his/her analysis to the client,

and the client either does not get it or accept

it. As a result, that team doesn’t have

a common understanding about the value

of the case and, thus, their initial bargaining

positions are often unrealistic.

Much of the time spent by mediators at

the beginning of private sessions is aimed

at helping an unprepared lawyer and client

team come to a common understanding

about the value of their case. As a

result of that disparity, many hours are

spent by mediators helping the members

of an unprepared team communicate with

each other in order to create productive

and realistic proposals.

Action: Prepare yourself and your client

about the facts and law in the case, so that

in the days prior to the negotiation your

team develops a common understanding

of the case’s strengths and risks

Develop a Bargaining Plan

A plan for bargaining consists of at least

three elements: a starting number, a tentative

walk away number (the other end

of the bargaining range), and a series of

moves that could take one through that

range if need be to settle the case.

This is where conducting a case analysis,

including jury verdict research, and

developing a bargaining plan inform each

other. As an example, let me suggest that

one’s (plaintiff ’s) starting number should

be no higher than one’s highest damage

figure possible in court with no discount

for risk in either the liability or damage

aspects of the case.

If one’s starting number cannot be justified

by case analysis and thus is unrealistically

high (or low, for the defense), it will

motivate the other side to counter with

unrealistic proposals as well.

Most attorneys neglect this aspect of

the bargaining phase. Because they have

no plan for movement from proposal to

proposal, attorneys tend to react to the

other side’s movement in kind. We tend

to reward the other side’s movement with

movement of our own or punish the other

side’s meager movement with meager

movement of our own. As a result of this

reactive bargaining, the parties’ subsequent

increments decrease in value and

result in what I call the positional bar-

8 | www.AttorneyAtLawMagazine.com


gaining death spiral, impasses that occur

before the parties have exhausted their

negotiation ranges.

Action: Develop a negotiation range before

you arrive at mediation that is based

upon your case analysis and plan your

moves through that range rather than react

to the other side’s movement.

Negotiation Skills and Trial

Skills Aren’t the Same.

The tone and choice of words for persuading

a jury should be different from

the tone and choice of words for negotiation.

In trial practice, we use a lot of adjectives

and adverbs, designed to heighten or

lower the passions of our audience which

is either a judge, a jury or an arbitrator.

The audience for our persuasive conversation

in negotiations is the opposing team.

Unlike juries, they aren’t persuaded by

the use of adjectives and adverbs; rather,

they are incensed and repelled by them.

Hence, I suggest you excise adjectives and

adverbs from your speech if you want to

persuade the other side about risks they

face in the case.

Similarly, most people are repelled by

the use of intimidation and harsh words, so

if you want the other side to move toward

you in negotiations, do everything you can

do not to intimidate your opponent (unless

of course, you intentionally have built your

strategy around intimidation). In addition,

the most casual use of legal jargon by lawyers

often is experienced by lay people as

threatening or intimidating. That includes

the use of words like fraud and heinous, or

legal concepts such as punitive damages.

Remember, the very people we are suing

are the same people we need to persuade to

settle with us. I suggest that you use plain

English to explain legal concepts, so that

your opponents are not repelled by your

choice of words.

I suggest that you pay attention to the

way in which you communicate nonverbally.

I’m referring in particular to our

communications in opening sessions in

which we talk about our views of the case.

It is current wisdom that we should use

that opportunity to talk directly to lay persons

on the other side. I counsel against

that approach and suggest that locking

eyes with an opposing party, no matter

how benign our language and tone may

be, is an intimidating experience to most

lay persons. The average lay person cannot

absorb legal analysis while being locked

in visual contact with opposing counsel.

They feel trapped, caged and put on the

spot, without being able to respond.

Action: In general sessions, say your

pleasantries to the opposing parties and

then address the mediator with your evaluation

of the case. They will be more likely

to hear what you have to say.

After 17 years as a trial lawyer, Andy Little

formed Mediation, Inc. He has mediated

over 5,500 cases and has conducted over

130 40-hour mediation trainings. He can be

reached at www.mediationincNC.com or at

andy@mediationincnc.com.

Volume 4 Issue 6 Attorney at Law Magazine ® Metro Atlanta | 9


Law Firm of the Month

Elovitz/O’Nan, LLC

A Great Marriage

Elovitz/O’Nan LLC is a relative newcomer among family law firms in name only. Founded in 2014,

the firm brings together two seasoned practitioners, Rachel Elovitz and Gillian Fierer O’Nan,

who between them have almost 30 years of experience in family law. It’s proving to be a great

marriage thus far, and the practice is reaping the benefit of their shared energy and expertise. We

sat down with the founders to discuss the partnership’s success and their vision for the future.

AALM: How did you meet?

Elovitz: We were representing opposing

parties on a modification of custody

case. I represented the mother, and Gillian

represented the father, who had surreptitiously

left the state with the parties’

son. We later learned that he was using illicit

drugs and was trying to start a porn

business, information about which he had

saved on the child’s computer. Long before

that information came to light, Gillian’s

client promised to bring the child to Georgia

to visit his mother. When he reneged, I

called Gillian – who told me that my client

had misunderstood her client’s intention.

To demonstrate that there was no misunderstanding,

I forwarded an email to Gillian

that her client had sent to mine. Two

days after entering an appearance, Gillian

withdrew from the case. It was clear to me

that she did not appreciate her client being

dishonest with her. I was impressed by her

moral compass.

AALM: How did you decide to merge

your practices?

O’Nan: We struck up an email dialogue

after that first meeting, bouncing

things off one another and becoming part

of each other’s brain trust. We collaborated

this way for months, and it felt right. One

day I suggested that we should be partners,

and Rachel agreed. We met in person for

the first time after we made the decision,

and we became official in August 2014.

AALM: What are your plans for

growth?

O’Nan: We’d like to grow and are very

excited about adding Staci Swit Brinson to

the firm this past April. Staci was a staff attorney

for Judge Mary Staley in the Superior

Court of Cobb County for eight years

and brings with her a unique and valuable

perspective. We also bring in outside

resources when we need them – custody

evaluators, financial experts, child specialists,

forensic investigations, psychological

evaluations, etc.

We are and will continue to be family

law only, but the scope of our family law

practice is broad. It includes everything

from divorce and modifications of custody

and alimony to guardian ad litem work

and legitimation.

AALM: How would you describe the

culture of the firm?

O’Nan: I’d describe us as practical,

ethical, passionate and child-focused. We

don’t practice from a “scorched earth” kind

of place. We believe that as family law attorneys,

we are charged with an enormous

responsibility to our clients, as they are ensconced

in turmoil and conflict; it is our

job to guide them through that discord,

not to create more of it unnecessarily; we

are aware of this responsibility in everything

we do.

Elovitz: It is a vibrant, collaborative

environment rooted in a shared practice

philosophy. We do not tell clients what

they want to hear. We reality check. We

tell them what the legal burden is in their

case and whether we think they can demonstrate

it, and if not, why. We don’t take

cases when it is clear that the potential client

cares more about winning than what is

best for his or her child. We believe in resolving

cases, when possible, through negotiation,

mediation and judicially hosted

settlement conferences, as we’d prefer our

clients to spend less of their financial resources

on attorney’s fees and more on

their children. We encourage our clients to

be reasonable in their positions and to focus

on an outcome that would further not

just their legal interests, but the psychological

well-being and overall welfare of their

children. If and when it is appropriate to

try a case, we are primed to be the most

passionate advocate for our clients.

AALM: How do you define success in

the field of family law?

Elovitz: It is a red flag when a potential

client asks how many cases we’ve “won.”

You hope any parent you choose to represent

would appreciate that in divorce, no

one “wins.” When you dissolve a marriage,

10 | www.AttorneyAtLawMagazine.com


Rachel Elovitz

Gillian Fierer O’Nan

Bill Adler Photography

Bill Adler Photography

parties grieve. It can be akin to a death, particularly for those who

do not want the divorce. Assets become his or hers, no longer theirs.

Children have to transition from single, two-parent households to

two, single parent homes. Extended family members and friends are

sometimes asked to take sides. Marital homes in which children have

been raised sometimes have to be sold. It is a difficult transition in the

best of cases, for the parties and their children. In our firm, we do not

define success as winning. We define success as a thriving practice,

satisfied clients, and being fortunate to have a brain trust of colleagues

with whom we genuinely enjoy practicing law.

AALM: What are some of the biggest changes you see in family law,

and what do these changes mean for the way you practice?

Elovitz: Custody evaluations are being used with increasing frequency,

particularly in cases involving allegations of child abuse/neglect,

parental alienation, substance abuse, and cases in which a parent

suffers from a personality disorder that has impacted his or her

ability to make sound parenting choices. These evaluations are generally

very helpful in getting cases resolved in a way that fosters the

psychological well-being of the children at issue (and their parents).

We are seeing more and more children born out of wedlock who

need to be legitimated. Georgia now has administrative legitimation,

whereby a petition does not need to be filed with the Superior Court

for a child to be able to inherit from his/her father and vice versa – or

for father to be able to serve as a placement resource if the child were

found to be dependent. However, the father of a child born out of

wedlock – even if he has legitimated the child – must still petition the

court to obtain an award of custody or parenting time.

We have seen an upsurge in fathers fighting for custody – and in the

courts awarding custody to fathers. There is no shortage of reasons for

this change. The “tender years” doctrine was long ago abolished. The

law no longer presumes that a mother or father is better equipped to

raise a child. More mothers are in the workforce and fathers are more

meaningfully engaged in their children’s daily lives. They desperately

want to be more than a child support check, and have been empowered

by the court’s increasing recognition of the importance of children having

a secure attachment and meaningful access to both parents.

We’ve also seen a continuing erosion in what constitutes one’s separate

property. The court has found with increasing frequency that

separate property has been transmuted by, for example, being comingled

with marital assets or by being gifted to the other party or to

the marriage. This reality impacts our discussions with our clients. We

want them to have realistic expectations, including any possible determination

by the court that separate property has been transmuted

and is subject to equitable division.

O’Nan: Technology has affected family law like any other practice

area. People record everything on their phones; we can capture

We believe that as family law attorneys, we are charged with an

enormous responsibility to our clients, as they are ensconced in turmoil

and conflict; it is our job to guide them through that discord ...

Volume 4 Issue 6 Attorney at Law Magazine ® Metro Atlanta | 11


Staci Swit Brinson

emails, texts, videos. So now we have evidence to replace what would

otherwise be a “he said/she said” scenario, which can be a good thing.

AALM: How did you decide to focus your career on family law?

O’Nan: My parents went through a very contentious and public divorce

when I was young, and it had an impact. I try to convey to my clients

with children how important it is not to be myopic and to, instead,

keep their focus on what is most important long-term, which is how they

co-parent post-divorce. Statistics show that children of divorce can do as

well as those from intact families. A child’s life is no longer defined by

whether parents are married or divorced as divorce is much more common

and far less stigmatic. Instead, it is a question of how the parents

behave during and after the divorce to one another in the eyes and ears

of the children.

AALM: Did you have any early mentors in the field?

O’Nan: It turns out that Rachel and I both practiced for the same

firm early in our careers and shared a mentor, John Wilson, who was

then a partner at Weinstock & Scavo. John says that the greatest asset you

bring into the courtroom is your credibility. You have to establish trust

with a client in order to have that credibility.

AALM: Any advice for future attorneys interested in a career in family

law?

Elovitz: Don’t do it without first doing an internship. Family law in

theory is not the same as family law in practice.

O’Nan: If you are thinking of family law, be either all in or not at all.

There are far too many nuances for the general practitioner, and it’s not

an area of law in which one should dabble.

AALM: How about life outside of work?

Elovitz: My catharsis is painting, although I’m not particularly good

at it. My life is my family, extended and nuclear, and close friends. My best

friend and love is my husband, Sasha. We have two canine children who

make us happier than we deserve, Simon (shih tzu) and Charlie (rescue).

O’Nan: I can sum it up in one word, busy. My husband and I have

three children under the age of six. Between practicing law, family life

and being active in the Brookhaven community, there’s not time for

much else, but I wouldn’t have it any other way.

Bill Adler Photography

At a Glance

Elovitz / O’Nan, LLC

38 Old Ivy Road NE

Atlanta, GA 30342

(404) 662-2240

www.eofamilylaw.com

Founder Rachel A. Elovitz

Education

Juris Doctor, John Marshall Law School, 1995

Bachelor of Arts in Psychology, The University of

Texas, 1988

Professional Memberships

Founding Member, National Association of

Distinguished Counsel, 2015

Member, Georgia Association of Counsel for Children,

2010-Present

Registered Neutral, Georgia Office of Dispute

Resolution 2010-Present

Member, Collaborative Law Institute of Georgia,

2008-Present

Founder Gillian Fierer O’Nan

Education

Juris Doctor, University of Georgia, 2006

Bachelor of Arts, University of Georgia, 2002

Professional Memberships

Mentor, State Bar of Georgia, Transition into Law

Practice Program, 2013

Member, Lawyers Club of Atlanta

Board of Directors, Georgia Lawyers for the Arts, 2012

President, Young Lawyers Division of Family Law

Section of State Bar of Georgia, 2010-2011

Executive Committee Member, Family Law Section of

State Bar of Georgia, 2010-2011

Board of Directors, Alliance Children’s Theatre Guild,

2013-2014

Atlanta Bar Association, Atlanta Bar Foundation, A

Courthouse Line X, Participant, 2013

Associate Staci Swit Brinson

Juris Doctor, University of Georgia, 2006

Bachelor of Arts, Sociology and Criminal Justice

University of Georgia, 2003

The attorneys of Elovitz/ O’Nan, LLC, are recognized

for their excellence in family law practice by Super

Lawyers, Martindale-Hubbell, Georgia Trend Legal

Elite, National Association of Distinguished Counsel,

National Academy of Family Law Attorneys, and

The National Advocates Top 100 Lawyers. They

are Registered Neutrals with the Georgia Office of

Dispute Resolution, certified in divorce and domestic

violence mediation, are collaboratively trained, and are

experienced guardians ad litem.

12 | www.AttorneyAtLawMagazine.com


How to Quickly & Cost-Effectively

Improve Your Online Marketing Strategy

By Slavey Tolev

If you have considered paying for

Google ads to market your law firm,

you already know that law-related

search terms are costly. And, according

to the inbound marketing company

HubSpot, approximately 78 percent of the

most expensive keywords relate to the legal

market.

If you hope to compete online, then,

you must either choose to pay high rates

for extremely competitive specific keywords,

or you must do something that sets

you apart from your competitors. Enter

Spanish SEO.

Optimize Your Site for the Language

Your Clients Use

SEO is the process of increasing traffic

to your website by appearing in search

results on Google, Bing and other search

engines. To rank high in the results, you

need to write content on your site in the

language your targeted audience speaks.

Recent data from Google shows that

more than one-third of Hispanic users

search for information online in their

native language. The same data also reports

that Hispanic searches are growing

across most industries. If you are looking

to grow your Spanish-speaking clientele,

you must have content on your site written

in Spanish.

Spanish-Language SEO Tactics

There are a few key Hispanic SEO tactics

you can implement on your law firm’s

website to increase traffic.

First, create content in Spanish. This can

come in the form of a single section on

your site that is in Spanish. Or you could

dedicate a subdomain of your site entirely

to your Spanish audience. However you

do it, know that the more targeted content

you have, the better your site will perform.

Second, all of your Spanish content

should be unique – do not translate your

English content word-for-word. Why not?

Google Translate (and other online translation

tools) can do the same thing. So set

yourself apart from your competitors by

working with writers who are native Spanish

speakers. They will ensure that the content

on your site conveys the right message

and tone you need to attract new clients.

Third, research terms to use on your site

via the Google Adwords Keyword Planner.

You will most likely find that Spanish

keywords for your prime practice areas

are cheaper than the same keywords in

English. You will also find that there is less

competition overall. This equates to greater

likelihood of ranking high in organic

searches, as well as offering the benefit of

obtaining affordable paid search.

Two Caveats

The Spanish language has many dialects.

This is why it is important to work

with someone local. A local writer will

know the right words to use in the right

places to connect with the right audience.

Additionally, optimization means much

more than using the right search terms

on each page. Make your content mean

something – don’t just write to write. If

you create content that is relevant to you

and your audience, you will inevitably

have content that is shareable. Social sharing

has the added benefit of spreading the

word about you at no added cost.

Bonus Tip: Optimize Your Site for

Other Languages

While Spanish is the second-most spoken

language in the state, there are numerous

other foreign-language speakers who

also need legal help. Like most potential

clients, those individuals will turn to the

Internet to search for lawyers online. They

will most likely then search using their native

languages.

So which other languages should you

consider when optimizing your website?

The answer to this largely depends

on the specific demographics in your

immediate area.

Think Outside the Box to Gain a

Competitive Edge Online

No matter how you look at it, you need to

start getting more creative about the ways

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EVENT SPOTLIGHT

Red Mass Awards Lunchoun

Georgia Supreme Court Presiding Justice P. Harris Hines, Charleston

Mayor Joseph P. Riley, Jr. and Rev. Dr. Norvel Goff, Sr. of

Charleston’s Emanuel A.M.E. Church were honored at Atlanta

St. Thomas More Society’s Traditional Red Mass and Awards Luncheon

Oct. 8, 2015. Rev. Dr. Norvel Goff, Sr. is the first non-lawyer

to be honored by the St. Thomas More Society of Atlanta.

On Thursday, Oct. 8, 2015, at 11 a.m., Atlanta judges and attorneys

of all faiths joined other public officials at The Basilica of the Sacred

Heart of Jesus downtown to celebrate a traditional “Red Mass”

to mark the beginning of a new judicial year and to seek blessings

for the judicial system and pray for peace and justice. Sponsored by Atlanta’s St.

Thomas More Society, an association of Catholic lawyers, the service is an ancient

one with roots dating back to the Middle Ages. As is customary, the service was

followed by an awards luncheon honoring persons who have demonstrated courage

through commitment to justice and humanity. This year’s honorees include:

• P. Harris Hines, Georgia Supreme Court presiding justice, for his commitment

to justice for youth and his leadership on the Supreme Court Commission

on Justice for Children. Justice Hines received the St. Thomas

More Award.

• Joseph P. “Joe” Riley, Jr., mayor of Charleston, South Carolina, in recognition

of his leadership following the tragic shootings at “Mother Emanuel”

A.M.E. Church June 17, 2015, which set the tone for the non-violent and

prayerful response of the citizens of Charleston and the state of South Carolina.

Mayor Riley also received the St. Thomas More Award.

• Rev. Dr. Norvel Goff, Sr., interim pastor of Charleston’s Emanuel A.M.E.

Church, in recognition of the spirit of grace that he and the people of

“Mother Emanuel” have demonstrated to the nation and the world. Pastor

Goff is the first non-lawyer to be honored by Atlanta’s St. Thomas More

Society by receiving the St. Francis of Assisi Award.

Justice Hines outside of the church.

Harold E. Franklin, Jr., Rev. Dr. Norvel Goff, Sr., The Honorable

Joseph P. Riley, Jr., The Honorable P. Harris Hines,

Carter L. Stout & Michael A. Sullivan.

Mr. and Mrs. Michael Sullivan with Rev. Dr. Norvel Goff,

Sr. & Joe Riley.

14 | www.AttorneyAtLawMagazine.com


Atlanta’s Archbishop Wilton D. Gregory,

S.L.D. leads the Red Mass.

The Honorable P. Harris Hines, presiding

justice, Georgia Supreme Court leading

the procession into the church.

About the Red Mass

The first recorded Red Mass was celebrated

in Paris in 1245. From there, it

spread throughout Europe. During the

1300s the tradition began in England

for all members of the bench and bar

to attend as the opening of each term

of court. The name “Red Mass” refers to

the scarlet robes of the judges who attended

the service centuries ago, as well

as the color of the vestments worn by

the clergy. Today in the United States,

the Red Mass is celebrated annually

in a number of cities, including Washington,

D.C., where Supreme Court

justices, members of Congress, diplomats,

cabinet members and often, the

president, attend, all in their capacity as

private individuals. Since 1993, Atlanta’s

St. Thomas More Society has embraced

this tradition by sponsoring the Red

Mass at Sacred Heart Church downtown,

and the service has become a

regular event on Atlanta’s legal calendar.

“The St. Thomas More Society is very

pleased to recognize these three outstanding

individuals,” said Carter Stout,

president of the organization. “Presiding

Justice Hines has served on the Georgia

Supreme Court for 30 years and is a

champion for young people. Mayor Riley

and Pastor Goff inspired people across

our nation with their grace and forgiveness

following the tragic shooting at

Emanuel A.M.E. Church. We couldn’t be

more proud of the city’s non-violent response

to what was supposed to launch a

race war, and instead, with the leadership

of these two men, and of the families of

the victims, became an opportunity for

racial healing.”

Atlanta’s Archbishop Wilton D. Gregory,

S.L.D. celebrated the Red Mass with assistance

from clergy throughout the Archdiocese

of Atlanta. The day’s activities began at

11 a.m. with a solemn procession of judges

and honorees into Sacred Heart Church,

one of the oldest buildings in downtown

Atlanta. The clergy was robed in red vestments,

traditionally signifying the outpouring

of the Holy Spirit upon God’s people,

while the judges wore their robes and red

stoles. The one-hour service was open to

people of all faiths.

Following the service, the group held

its annual awards luncheon at the Capital

City Club. Judges, lawyers, law students and

other legal professionals were in attendance.

About the St. Thomas More

Society, Inc., Atlanta

The St. Thomas More Society of Atlanta

is a nonprofit organization formed

in 1993 by a group of Catholic lawyers

in Atlanta seeking to inspire those intellectual,

spiritual and moral qualities

that were exemplified in the life of its

patron saint. Membership includes attorneys

from throughout the metro

area. In addition to the Red Mass, the

organization gathers informally to discuss

issues of law, ethics, morality and

other subjects. The society fosters the

spiritual, intellectual and professional

growth of its members, while providing

service to the Roman Catholic Church

of Georgia. For more information, visit

www.stm-atlanta.org.

Volume 4 Issue 5 Attorney at Law Magazine® Metro Atlanta | 15


BOUTIQUE FIRM OF THE MONTH

Garland Samuel & Loeb, P.C.

F I NDING

VOICE

THEIR

By Laura Maurice

It was about one-half hour before

the local 6 o’clock news that day

in 2000. Baltimore Ravens All-Pro

Linebacker Ray Lewis had just

been charged with a double murder in

Atlanta. The press was gathering in the

conference room of Garland, Samuel &

Loeb to hear the response of the defendant’s

lawyer, Edward T.M. Garland, who

had only just received the case.

At the top of the hour, Garland, a

fifth generation attorney in Atlanta, let

loose a tirade against the prosecution

for indicting his client. A well-known

trial attorney and master of language,

Garland berated the prosecution up and

down, going on so long that a Channel 2

news reporter handed a note to Garland’s

co-counsel Donald F. Samuel: “Can he

please announce the weather?”

Recalling that moment, Samuel adds,

“The trial was quick, in May 2001.”

All charges were dropped just prior to

the close of the state’s case in exchange

for a plea to a misdemeanor with 12

months of probation. “Lewis didn’t miss

a game and when the Ravens won in the

Super Bowl, he was named MVP,” says

Samuel, adding parenthetically, that the

Ravens gave them 50-yard line tickets

to the game.

“I tell young lawyers who do trial

work,” says Garland, “that you might

make money, and you might not, but you’ll

end up with a reputation and good stories.”

After so many years practicing together,

partners Garland, Samuel and

Robin N. Loeb have a multitude of stories

about their high-profile clients and

headline-making cases for a variety of

clients. While Garland and Samuel mostly

handle criminal defense cases, Loeb

handles civil work, much of it personal

injury or product liability cases.

“We work as a team,” says Garland.

“There’s no bureaucracy. We brainstorm

the cases together.”

“We focus on the individual client,”

adds Loeb. “When someone walks into

the office, he sees every lawyer. It’s like

a family and that’s unusual. But we’ve

worked together for so long.”

In fact, Loeb has been with the firm 36

years and Samuel more than 33 years.

The firm was started in 1920 by Garland’s

well-known, flamboyant trial attorney

father, Reuben Garland. “He was

my hero. He was a modern day Atticus

Finch,” says Garland. “He defended the

average man and was very controversial.”

We work as a team. There’s no bureaucracy.

We brainstorm the cases together.

16 | www.AttorneyAtLawMagazine.com



Our role is to help the average citizen. We fight for him. We

don’t judge him, no matter what their problem is.


Through the years, attorneys have

come and gone. At one point, there were

as many as 20 attorneys, but now there

are nine, and the firm has been stable

for a number of years. While Garland

and Samuel are both graduates of the

University of Georgia Law School, Loeb

graduated from the Emory School of Law.

When she called Garland for an interview,

she was surprised to be hired that very

day, and to quickly be assigned a big case.

“I was just 23 years old,” she marvels.

Samuel, too, was a quick hire. He was

clerking for U.S. District Court Judge

Harold L. Murphy who told him that if

he wanted to try cases, he should go to

work for Garland. “Judge Murphy called

me and said Samuel was the smartest

guy with the biggest heart, so I had lunch

with Don and I offered him a job halfway

through lunch.” As Samuel recalls, “he

paid me more money than I even asked

for!” This year – 33 years later – both

Garland and Samuel were listed among

the top 10 lawyers in Georgia.

Through the years, the well-known

Atlanta firm has defended both celebrity

athletes and singers, as well as lesser

known defendants. Among the former

are Pittsburgh Steelers quarterback

Ben Roethlisberger, Baltimore Ravens

all-pro running back Jamal Lewis,

Atlanta Thrashers all-star forward

Dany Heatley, rap artist T.I. and Jim

Williams, the protagonist in the nonfiction

book, “Midnight in the Garden

of Good and Evil.”

The success of the firm in defending

Ray Lewis became self-fulfilling, says

Samuel. “The best marketing is to win

a case like that. It feeds on itself. As

long as we keep winning, we keep getting

cases.”

Many of the cases are referred to the

firm by other attorneys. “Three-quarters

of our business comes from other lawyers,”

says Garland. Sometimes it’s

because the other attorneys don’t have

federal experience. Garland, Samuel &

Loeb also do a lot of appellate work.

“Some trial lawyers don’t feel comfortable

doing appeals,” explains Samuel.

“They may feel they made a mistake

(in the original trial) and can’t admit it

or a client wants fresh eyes.”

Garland adds, “And, we are often

brought in if the lawyers don’t have trial

experience.”

Trial law, he explains, requires several

essential elements, including courage and

fearlessness and a willingness to stand for

your client. “You must have the enormous

ability to listen to the client and the witnesses

on the other side. Then you must

work like hell to understand and analyze

the path to winning,” says Garland. During

trials, the workday often starts at 5

a.m. and lasts until midnight. “Criminal

work is hard. There are no simple answers.

The issues are often gray. You

must have a mindset that that’s what you

want to do.”

According to Samuel, defense lawyers

are faced with the challenge “to create

speedbumps for the prosecution – hurdles

that they can’t overcome. The best scenario

is to persuade the prosecutor not to

indict in the first place.”

For Loeb, who represents personal injury

plaintiffs and those alleging medical

malpractice, what is required is a lot of

heart, she says. “You have to understand

Volume 4 Issue 6 Attorney at Law Magazine ® Metro Atlanta | 17


“You have to find your own voice.”

At a Glance

what the client has gone through and try to restore what was taken from

them,” she explains.

Loeb also points out the significance that the firm can handle the “intersection

between civil and criminal cases. We can meet that intersection.”

“Our role is to help the average citizen. We fight for him. We don’t

judge him, no matter what their problem is,” continues Garland. “There

are two great moments, when a citizen comes and asks, ‘Will you help

me?’ There’s no better compliment. And sometimes at the end of the

struggle, the client says thank you when the jury says not guilty.”

In addition to the three partners, the firm employs six full-time associates.

“Everyone tries cases,” says Garland. “There’s no one who is uncomfortable

in front of the courtroom.”

But as Samuel points out, each lawyer has his or her own way of trying

a case. “Ed and I don’t try cases the same way. Everyone has a unique

way of being sincere with a jury.”

“You have to find your own voice,” agrees Loeb. “Early on, I tried

to emulate Ed, but I was young and a woman. I had to be myself.” And

sometimes during a trial, different lawyers are asked to handle different

witnesses, depending on the chemistry.

While Garland always knew he would be a lawyer – and his son John

now works alongside him – Loeb grew up with parents who didn’t attend

college. When she was in high school, however, she watched a trial

and came home and announced that she would be a lawyer. “My parents

encouraged me,” she recalls. “I became interested in the justice system.

That’s what prompted me to go into law. In civil work, when you are successful,

you put the clients in a better position than they would have been

without your help.”

According to Loeb, many of her medical negligence cases could be

labeled catastrophic. In addition to the medical negligence cases, she

also handles cases dealing with product liability, tractor/trailer collisions,

serious automobile collisions, violations of civil rights and business

disputes.

One of her more high-profile cases involved representing a young girl

injured by shrapnel in the Olympic Park bombing during the 1996 Atlanta

Olympics. Loeb’s representation culminated in her client’s testimony at

the sentencing of Eric Robert Rudolph.

More recently, along with being named one of Georgia’s Top Rated

Lawyers, Loeb has been involved with cases that have alleged experimental

surgery resulting in grave injury, the provision of a home treatment

medical device leading to death, an overdose of narcotics causing cardiac

arrest, mismanagement of a medical trauma resulting in quadriplegia, and

a birth injury causing severe brain damage.

Each of the partners handles cases across the country, in addition to

speaking at various seminars. Samuel also teaches white collar crime at a

university law school, and is a prolific writer, having written five books.

Among those books are the Georgia Criminal Law Case Finder, the Eleventh

Circuit Criminal Handbook and the Federal Criminal Law Digest.

“If you go into any Georgia state court,” says Garland, “Don’s book

will be there. It’s also true in federal courts,” launching into another legendary

story for the firm. He recalls a case that was dealing with a critical

motion when the court broke for lunch. “Don had gotten up to argue a

motion and the judge said, let’s take a break. There were cameras in the

courtroom and during the break, the cameras focused on the judge, who

happened to pick up one of Don’s books.”

After the break, Garland smiles, “The judge ruled with us.”

Garland, Samuel & Loeb, P.C.

3151 Maple Drive, N.E.

Atlanta, GA 30305

(404) 262-2225

www.gsllaw.com

Founded in 1980 by Ed Garland

Practice Areas

Criminal Law

Personal Injury

Business Litigation

Partners

Edward T. M. Garland

Donald F. Samuel

Robin N. Loeb

Associates

David E. Tuszynski

Anne H. Coolidge-Kaplan

John A. Garland

Amanda R. Clark Palmer

Kristen Wright Novay

Matthew D. Daley

Honors

Best Lawyers in America

SuperLawyers

Georgia Trend Legal Elite

AV Preeminent, Martindale-Hubbell

100 Most Influential People in Georgia

State Bar of Georgia Tradition of Excellence

Award

Anti-Defamation League’s Elbert P. Tuttle

Jurisprudence Award

Atlanta Bar Association Leadership Award

Invitation Only Organizations

American College of Trial Lawyers

American Board of Criminal Lawyers

International Academy of Trial Lawyers

International Network of Boutique Law Firms

18 | www.AttorneyAtLawMagazine.com


How To Handle the Emergency Phone Call When Your

Client Is Arrested for DUI

By Jim Yeargan

DUI Law

The holiday season is here, and

DUI arrests will soon be at a

yearly high. Inevitably, many attorneys

who do not specialize in

DUI law will receive emergency phone calls

from their clients who have been arrested

for DUI. The most important step in handling

a DUI case is hiring an attorney who

specializes in DUI defense. However, this

article is geared toward the non-DUI practitioner

so they may properly advise their

client until he can retain a DUI specialist.

Step 1: Protect the Driver’s License

Drivers arrested for DUI in Georgia have

10 business days from the date of their arrest

to file an appeal with the Georgia Department

of Driver Services (DDS) to keep

their license from being administratively

suspended. If this appeal is not filed within

10 business days the driver’s license will be

administratively suspended 31 days after

the date of arrest. This also applies to drivers

licensed in other states.

When calculating the 10 business days

do not count the date of arrest, weekends

or federal holidays. The appeal letter does

not have to be received by DDS within 10

business days; it only has to be postmarked

within 10 business days. I highly recommend

mailing the letter via certified mail

with return receipt requested.

The appeal letter needs to include your

client’s name, date of birth, date of arrest,

license number, mailing address, phone

number, whether the client submitted to

the state administered chemical test, and

grounds for appeal. You must include a

check for $150 made payable to the “State

of Georgia Department of Driver Services”

or the appeal will be rejected. Once the initial

appeal has been filed a DUI specialist

may file an amended appeal laying out the

specific grounds for appeal.

Step 2: Have the Client Write a

Report

Your client needs to write down everything

he remembers while the events are

fresh in his mind. Have your client write

down everything he did the day of his arrest

from the moment he woke up until he got

home from jail. The client should include

the time he woke up, what he did at work,

when and what he ate, any medications he

took, who he was with prior to his arrest,

their contact information, all interactions

he recalls with the police, and what happened

while he was at the jail. Have your

client hand write his report. A handwritten

report has more credibility than a typed report.

Have your client sign, and date each

page. Make sure your client puts the original

in a safe place, and makes a digital copy.

Step 3: Preserve Evidence

Your client needs to preserve any evidence

that proves his innocence. Such evidence

may include a bar receipt showing he

only had 2 drinks, or the names and contact

information of people who will testify he

was not drinking. This type of evidence disappears

quickly; therefore, it is important to

preserve this evidence immediately. Be sure

to save any original documents, and make

digital copies.

Step 4: Prepare the Client for a

Background Check

Inform your client the instant he was

fingerprinted the DUI charge went on his

criminal history. Additionally, many jurisdictions

place the charges, mugshots, and

contact information of people arrested for

DUI online. Your client needs to be aware

that an online search may reveal this information.

Also, many extortion websites will

duplicate this information, and charge a fee

(usually $500) to remove it. If your client

is looking for a job, or is about to receive

a promotion, you need to inform him his

arrest information may be readily available

to potential employers and human

resources personnel.

Step 5: Block Social Media

Make sure your client sets all of his social

media profiles to “private” so they cannot

be viewed by the public. Prosecutors are beginning

to check defendant’s social media

profiles to find additional evidence they can

use against them. Additionally, your client

needs to check his social media accounts

from the night of his arrest, and remove any

photos, tags or check-ins that reference him

drinking.

Step 6: Hire a DUI Specialist

DUI cases are some of the most difficult

cases to handle in Georgia. People arrested

for DUI need the expertise, and knowledge,

of a DUI specialist. When you receive the

emergency DUI phone call you will serve

your client well by sharing these tips with

him, and impressing upon him the importance

of hiring a DUI specialist.

Jim Yeargan is a DUI and traffic law expert as

well as a former Atlanta DUI prosecutor. He is

the owner of Yeargan Barber & Kert, LLC. A

law firm specializing in DUI, traffic and criminal

defense. You can reach Jim at (404) 467-1747

or Jim@DUIJim.com. For more information, visit

www.AtlantaDUILawyer.com.

Volume 4 Issue 6 Attorney at Law Magazine ® Metro Atlanta | 19


For Your Personal Life

Wealth Management Services for Attorneys

By Bill Moss

Wealth Management

As a member of a successful

law firm, you may have a financial

situation that is quite

complex. Yet you likely work

long hours meeting your clients’ needs,

leaving little time to manage your own

personal finances. At PNC, our team of

specialists appreciates that your time

is valuable and stands ready to deliver

a personalized financial planning approach

that can help you achieve a lifetime

of financial goals.

Customized Credit

PNC knows attorneys have unique

credit needs, from financing capital contributions

to stabilizing uneven cash flow.

Your dedicated banking adviser works

with you to structure personalized loans,

including for complex circumstances

with nonstandard terms, yet highly competitive

rates.

Bill Moss, as relationship manager, serves as

the primary point of contact for Wealth Management

services to his clients. Bill works

with a team of professionals to understand

the client’s complete financial picture and

create customized solutions to help his clients

achieve their goals. Bill can be reached

directly at (404) 495-6401. PNC Wealth

Management’s Atlanta based wealth team is

located at 3344 Peachtree Road NE, Suite

2100, Atlanta, GA 30326.

1) Partner Capital Loans offering secured

and unsecured financing 2)Unsecured

Personal Lines of Credit 3) Home

Equity Loans and Lines of Credit

Wealth and Financial

Planning

PNC’s wealth planners can help you to

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financial goals and objectives. They can

create a customized financial plan for

you, designed to evolve as you and your

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wealth planners at PNC will work with

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Investment Management

At PNC Wealth Management, your personal

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financial success takes careful planning,

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situation, and adjustments to your plan as

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Your adviser will work with you to develop

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return objectives and tax situation. Following

a disciplined approach, your adviser

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Wealth mangement services for attorneys

address everything that’s important

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challenges for years to come.

Brokerage Services

If you prefer, affilate PNC Investments

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your investment goals.

Insurance Reviews

PNC also offers attorneys access to

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coverage, with special emphasis on

coverage limits, titling and coverage for

anticipated estate taxes, along with your

other tax professionals.

Private Banking Services

PNC’s commitment to meeting the

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banking services with a host of benefits.

We offer attorneys a choice of checking

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Your dedicated banking adviser will help

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With a PNC Bank Performance or Performance

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You will also receive a PNC Bank Visa

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20 | www.AttorneyAtLawMagazine.com


a wealth of essential features designed

to help make your life easier and banking

more convenient.

Comprehensive Financial

Services Overview

PNC, a leading provider for attorneys

and law firms, offers innovative solutions

designed to meet attorneys’ needs

for banking, credit, investment, trust

and wealth services. We also offer specialized

services for your firm, including

attorney escrow services, workplace

banking, investment and insurance solutions

for your employees, and wealth

management solutions for your clients.

At PNC, we offer over 160 years of

experience in developing wealth management

strategies that can help bring

peace of mind throughout your lifetime

and across generations. Our professionals

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The PNC Financial Services Group,

Inc. (“PNC”) uses the name PNC

Wealth Management® to provide investment

and wealth management,

fiduciary services, FDIC-insured

banking products and services and

lending of funds through its subsidiary,

PNC Bank, National Association

(“PNC Bank”), which is a Member

FDIC, and uses the name PNC

Wealth Management® to provide certain

fiduciary and agency services

through its subsidiary, PNC Delaware

Trust Company. Securities products,

brokerage services and managed account

advisory services are offered

by PNC Investments LLC, a registered

broker-dealer and a registered

investment adviser and member of

FINRA and SIPC. Insurance products

may be provided through PNC

Insurance Services, LLC, a licensed

insurance agency affiliate of PNC,

or through licensed insurance agencies

that are not affiliated with PNC;

in either case a licensed insurance

affiliate may receive compensation

if you choose to purchase insurance

through these programs. A decision

to purchase insurance will not affect

the cost or availability of other

products or services from PNC or its

affiliates. PNC does not provide legal,

tax or accounting advice and does not

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business. PNC Bank is not registered

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the Dodd-Frank Wall Street Reform

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regarding “proceeds of municipal

securities” (as such terms are defined

in the Act) will be provided by PNC

Capital Advisors, LLC, a whollyowned

subsidiary of PNC Bank and

SEC registered investment adviser.

Volume 4 Issue 6 Attorney at Law Magazine ® Metro Atlanta | 21


Practice Profile

Bill Adler Photography

Karen Deming

Never Passing Up An Opportunity

By Jan Jaben-Eilon

Karen “Kay” Deming clearly recalls

her first day of work at

Troutman Sanders LLP. “It was

Sept. 1, 1978. Jack Dalton, who

was head of the litigation section at the

time, always took new attorneys to lunch

on their first day,” she remembers. Having

been a summer intern at the firm, Deming

had worked on various matters with attorneys

throughout the firm, including litigation

matters. Despite initially believing she

would never want to litigate under any circumstance,

it was her work with Bob Pennington

and Dan Reinhardt on personal

injury cases, including medical malpractice

and product liability claims, that really

piqued her interest. So when offered a job

at the end of the summer and asked what

section she wanted to join, Deming announced

that litigation was indeed what she

preferred – she wanted to be a trial lawyer.

It was this choice that Dalton discussed

at his first lunch with this new associate.

Dalton warned her, “You may have a tough

row to hoe; there are not many women lawyers

who try cases.” Deming recounted that

in 1978, there were no women trial attorneys

that she knew, who could serve as role

models. “I remember looking at Jack and

saying, ‘All I want is a chance.’”

Opportunity is defined as a set of circumstances

that makes it possible to do

something. Deming, a Troutman partner

since 1986, credits her 37-plus years of

success as a trial attorney specializing in

the defense of complex product liability

actions involving primarily pharmaceutical

products claims, to the many opportunities

that the firm and her clients have

offered her.

Her achievement in this area was not a

foregone conclusion, despite having written

a law review article on product liability

when she was still at the University of

Georgia Law School. Nor was the launch of

her career in product liability particularly

auspicious. One Thursday, when Deming

was a fourth-year associate, she was asked

by Dalton to participate in a conference call

with a potential, new and important pharmaceutical

client, Johnson & Johnson, the

following Monday.

Dalton told Deming – who had initially

wanted a medical career – that the case was

the first of its kind involving the product

at issue, and it had to be won. Deming

spent the weekend reading everything she

could about the case and the product, and

once on the conference call with Dalton,

Pennington and the in-house attorney for

Johnson & Johnson, she launched into a

barrage of questions that she had prepared.

The client listened, but then asked to be

taken off the speaker phone.

Deming was nervous; had she been too

pushy, too demanding? On the contrary,

the Johnson & Johnson attorney wanted

her to work on that case, as well as other

cases pending in several Southeastern

states. She was relieved, but she knew her

work was cut out for her.

“We ultimately tried that first case the

year I was up for partner. It was tried in

front of a federal judge rather than to a jury

in order to get an earlier trial date. Unfortunately,

he entered a $5 million judgment

against us. While we lost that case, I still

made partner! But even more importantly,

22 | www.AttorneyAtLawMagazine.com


Johnson & Johnson is still a valued and loyal

client 30 years later,” she says.

In fact, Johnson & Johnson became one of

Troutman Sanders’ largest clients at the time.

And that representation turned out to be a

boon to Deming’s career. The loss of that case

though was devastating to the then-young

associate. The case gained national attention,

with some experts in the field criticizing the

result suggesting that the court’s ruling had

the potential to set epidemiology back years.

Remarkably, experts from institutions like

the National Institute of Health called Deming

offering to file amicus briefs on appeal

in support of Johnson & Johnson. Deming

knew that the medicine and science had been

on her side, so she could only feel that the loss

was the result of something she failed to do.

“I thought I’d lost it – that the result was my

fault. But the firm’s support was unbelievable.

They had given me the opportunity to have

senior responsibility on a big case, and they

didn’t desert me when the chips were down.”

In addition to opportunity, loyalty is another

word that keeps cropping up in conversations

with Deming. Loyalty to her clients

has been crucial to her success, and as

a result, many of her clients have been loyal

to her and the firm. “When you give all

you can give to the client, most clients are

loyal in return.” After that verdict, Deming

learned an important lesson. “My dad

had always told me that there was nothing

I couldn’t have or do if I worked hard

enough. This was the first time in my life

that I worked as hard as possible and had

given it everything I had, but still, in my

view, failed. Yet, neither the firm nor the

client second guessed me. Instead they encouraged

me to keep plugging, reassuring

me that ‘if I wasn’t a good lawyer, I wouldn’t

have been working on a big case,’ and this

was a big case.”

Thereafter, the firm supported Deming

in every way to develop this area of practice

because she truly enjoyed the work. So, for

They had given me the

opportunity to have

senior responsibility on

a big case, and they

didn’t desert me when

the chips were down.”

example, when she asked them to send her

to courses (to learn more about science and

medicine and product liability law), they

supported her. “That support allowed me to

work with attorneys throughout the country,

and as a result, I developed a network

of colleagues, many of whom have become

dear and valued friends. That has been one

of the great blessings of my career.”

Although Deming never planned out

her life as she was growing up in Valdosta,

Georgia, she did know that she wanted to

be a part of the larger world. “I love Valdosta,

but I knew there was a world beyond.”

People were shocked when she decided

she wanted to become a lawyer. “I was

raised in an environment and with parents

who insisted that I always be a Southern

‘lady,’ no matter what. But in this new

world I had entered, I had to be tough; I

couldn’t be shy about strongly and forcefully

asserting my client’s case when necessary,

and not infrequently going toe-totoe

with some adversaries. And to do that

didn’t always meet my parents’ definition

of being a ‘Southern lady.’”

After earning her undergraduate degree

at Valdosta State College and realizing

that her difficulty with chemistry might

deter her medical path, she started thinking

of what would challenge her intellectually,

but yet provide a means of income.

“I didn’t even think of law school at first.

I had no lawyers in my family. My mother

was a banker and my father worked for R.J.

Reynolds. But they always encouraged me

and pushed me to exceed even my own expectations

and comfort level.”

In fact, although Deming says there have

been a number of people in her life who

David Norden, Deming & Eric Rumanek

have inspired her, she points first to her

father. “Sometimes I wanted to wring his

neck because of his relentless demands that

I work harder. He didn’t want me to settle

for what he perceived as less, when I was

capable of doing more.” When she received

her first “excellent” grade in first grade, her

father knew she was capable, so anything

less was unacceptable. “Dad instilled in

me a work ethic to do my best; to give everything

150 percent. If you do that, then

no one can expect more and you can go to

sleep knowing you did the best you could.

This has followed me throughout life, and

now that work ethic is something I try to

explain and instill in younger lawyers who

work with me. I can’t help but believe that

that work ethic has been critical to client

development throughout my career.”

Getting through the first year of law

school, however, was a challenge. “In the

first year, it seems as though they try to

tear you down so that they can build you

back as a lawyer. Even before the end of

the first quarter, I’d had enough,” says the

first woman elected to Troutman Sanders’

executive committee. She wanted to

quit. She even spoke to the registrar about

withdrawing, but he encouraged her to

just stick with it through the first exams.

Deming passed those exams, remained in

school, and ultimately graduated among

the top of her class.

If asked, she would encourage young

adults contemplating their career paths to

go to law school, to get a law degree. Deming

urges that one need not be “wedded

to the practice of law. It doesn’t mean you

have to go to a law firm or actually practice

law; there are so many options for a fulfill-

Bill Adler Photography

Volume 4 Issue 6 Attorney at Law Magazine ® Metro Atlanta | 23


ing career with a law degree. Law school is about learning how to think

analytically; how to pay attention to detail. One benefit of law school is that

you have three years to learn how to think like a lawyer.”

As she approaches retirement, she looks back at a practice that required

knowledge and fluency in medical, epidemiological and other scientific

disciplines, and afforded her the opportunity to meet and work with respected

and world-renowned experts throughout the country. “I have had

a rich, fulfilling and incredible professional life. Never in my wildest dreams

would I have thought that I’d be sitting across the table from innovators like

one scientist who was instrumental in developing IVF,” referring to in vitro

fertilization, which has changed so many lives. “I am so grateful for the opportunities

I have been given.”

The cooking aficionado who says she would rather read a cookbook than

a novel, is grateful, too, for the relationships she has built over the years. “It

all boils down to true relationships, letting clients and colleagues know you

have their back, that they can depend on you,” she says.

Deming considers her single most important professional honor to be

her induction in 2007 into the American College of Trial Lawyers. “This

was the pinnacle for me,” she says. “You can’t just join the college. You must

be thoroughly vetted, not only by your peers, but by your adversaries, and

judges as well. And it was the greatest honor for me to be recognized as

a peer by attorneys whom I had respected and admired throughout my

career. The relationships I have formed with some of the most skilled and

respected trial lawyers throughout the country have added a whole new dimension

to my enjoyment of the law.” Launched in 1950, the college limits

membership to no more than 1 percent of the total lawyer population in

any state or Canadian province. There are currently about 5,700 fellows,

throughout the United States and Canada, including all the U.S. Supreme

Court justices and the Supreme Court of Canada.

She has also been recognized for many years both on the local and national

level as one of the Best Lawyers for product liability litigation, personal

injury litigation and mass torts.

Deming considers herself to be a “demanding task master” – demanding

not only of herself, but the people who work with her. She looks at her

valued colleagues Eric Rumanek and David Norden and notes that “they

love this practice as much as I do, and they work as hard as I ever thought

about doing.” Both Norden, who joined Troutman Sanders earlier this year,

and Rumanek work on national litigation for large pharmaceutical and

other manufacturers and are helping expand the practice Deming so enjoys.

Norden and Rumanek, she says, “are terrific lawyers; are honest and

professional to a fault, and hopefully they’ll expand this practice with any

help I can give. In the future, I will continue to represent pharmaceutical

companies and I want to make sure that this practice I helped establish at

Troutman endures.”

“In the final analysis,” Deming says, “I’ve had a great life and great career

and it’s not ending anytime soon, I hope. But I am so grateful for the opportunities

I’ve had and for the relationships I’ve had a chance to develop.”

Still, Deming realizes that “you are only as good as your last good deed.”

That’s why she launched a college scholarship for youth in Valdosta in honor

of her mother that requires the high school seniors to whom a scholarship is

awarded, to “do five random, anonymous acts of kindness during the year of

their scholarship with no expectation of return or recognition.” At the end

of the year, they must write about what they gained from the experience.

“I want these young people to learn that it’s important not to always seek

credit for what they do. The reward is in the act, and it just makes you feel

good to do something for others just because it is a nice thing to do, not

because of what it might get you. It’s the whole pay-it-forward notion,” she

says “I have been given incredible opportunities, and I’m just trying to pay

it forward.”

AT A GLANCE

Education

Juris Doctor, University of Georgia, 1978

Bachelor of Science, Valdosta State College, 1975

Practice Areas

Pharmaceutical Litigation

Products Liability

Professional Memberships

American College of Trial Lawyers, Fellow

Lumpkin Inn of Court, The University of Georgia School

of Law, Master

Awards

Product Liability Atlanta Lawyer of the Year, Best Lawyers

in America, 2014

Mass Tort Atlanta Lawyer of the Year, Best Lawyers in

America, 2013

Inclusion in Best Lawyers in America, Mass Tort, 2008-2014

Inclusion in Best Lawyers in America,

Product Liability, 2007-2014

Inclusion in Best Lawyers in America,

Personal Injury, 1999-2014

Partner Eric Rumanek

Education

Juris Doctor, University of Alabama, 2007

Bachelor of Science, University of Alabama, 2004

Professional Memberships

Trial Attorneys of America

Defense Research Institute, Drug and Medical Device

Committee Complex Medicine/Experts Specialized

Litigation Group, Vice-Chair

Defense Research Institute, Legislative Liaison

Subcommittee, Georgia Liaison

Of Counsel David F. Norden

Education

Juris Doctor, Case Western Reserve University, 2003

Bachelor of Arts, Indiana University, 1994

Community Involvement

Autism Society of America, Georgia Chapter, Board of

Directors

CURE Childhood Cancer, Advisory Board, Board

Member

Troutman Sanders

600 Peachtree Street, NE Suite 5200

Atlanta, GA 30308

(404) 885-3000

www.troutmansanders.com

24 | www.AttorneyAtLawMagazine.com


Data Security Best

Practices For

Business Leaders

By Mark St. Peter

While most know a significant

amount of data is stored electronically,

few realize the true

size of this digital archive.

Remarkably, over 97 percent of all information

created, stored and transmitted today

is done so electronically – and the amount

is continuing to increase exponentially with

every passing day.

Today’s digital landscape is not just vast, it

is also vulnerable. According to a 2015 EMC

study about the year 2013, while two thirds

of the digital universe was created or captured

by consumers and workers – such as

workers capturing customer payment information

– enterprises have liability or responsibility

for 85 percent of that data if security

is breached or compromised.

According to experts like FBI Director

James Comey, the risk for businesses to fall

prey to cyber hacking is growing every day.

Comey famously observed, “There are two

kinds of big companies in the United States:

there are those who’ve been hacked … and

those who don’t know they’ve been hacked.”

Thus it is crucial that business owners

learn how to protect themselves, their data

and, ultimately, their businesses against data

breaches. Business leaders should know how

to evaluate their potential vulnerabilities,

and in that vein, address specific weaknesses.

This requires a working knowledge of

basic cybersecurity best practices from how

to create a strong password to creating a culture

of IT security within their businesses,

as well as educating employees on how to

properly protect key information and safe

computing practices.

Evaluate & Assess – The Basic Five W’s

The first step to bolster your digital security

is to gain a full understanding of all of

the different types of data you are collecting,

accessing, sending and storing – WHAT are

your storing? Next, look closely at WHERE

you are storing this information. Is it stored

on an in-house server or a remote server? Do

your machines access data through the cloud

or on internal hard drives? WHO has access

and to how much data? Review how long you

are holding onto this data. The general rule

is not to keep data longer than you need it,

particularly personal information like Social

Security and payment details. WHEN to return,

delete or shred sensitive data depends

on what works best for your business. WHY,

although seemingly obvious, and how are

much of what follows below.

Master Security Basics

Fortunately, the first and most basic steps

to protecting your data are also among the

easiest. Once you have evaluated the kinds

of data you are storing and for which you

are responsible, the next step is to change

the passwords that serve as the gateways to

this data to something unique. Avoid letting

passwords grow stale. It sounds remarkably

simple, but it makes such a difference.

Avoid pet names or other easy-to-decipher

words, and incorporate numbers or symbols

into your password where possible. Utilizing

even just a couple of numbers or symbols in

your password combination makes it exponentially

more difficult for potential hackers

to decode – computers in particular find this

password structure very complicated. For

convenience and easier memorization, consider

substituting similar characters for letters

in words or phrases you are most likely

to remember. A phrase that is meaningful

to you, with non-alpha characters mixed in

adds both complexity and length, both of

which make password hacking algorithms

far less successful.

Practice Safe Computing

Incorporate safe digital practices into

your daily work routine. For example,

do not write your password on a Postit

note and stick it somewhere around

your computer! You would be surprised

how many people do this. Additionally,

be wary of unfamiliar or strange looking

emails – sending emails with misleading,

false or trick links is one of the most

frequent ways for hackers to gain access

to your system, or to implant a virus in

your system. Most of us can easily spot

and delete a spam email, but some can

be quite sneaky with their approach,

including sending an email from what

looks to be your co-worker or friend

that has a suspect link in it. Similarly, be

careful what websites you’re accessing

and watch where you click. And never,

ever, perform financial transactions via

email. Banks are among some of the

most sophisticated at protecting access

and rarely, if ever, transact monetary

transactions through email. If you must

transmit a credit card number via email,

break the number and/or expiration

date and other details into separately

transmitted emails.

Educate & Engage

To optimize cybersecurity going forward,

business leaders should educate

employees about security risks, and

work to create a culture of IT security

awareness. Formulate a comprehensive

IT security plan, incorporate it into your

employee handbook and ensure you are

continually communicating with your

employees about emerging IT security

risks. Finally, consider working with an

IT professional that can help you perform

a full security analysis, and put systems

in place that will not only enhance

your security, but help your systems run

more efficiently.

With today’s environment of heightened

risk and greater liability, business

owners and decision-makers should take

the time to think seriously about their IT

security. Digital security is not a luxury;

it is a critical necessity, one that can

deeply impact the overall success and

well-being of your business.

Mark St. Peter is the managing director and

CEO of Computing Source, a digital evidence

and legal support firm. He can be reached at

(312) 554-1500 or info@computingsource.com.

Volume 4 Issue 6 Attorney at Law Magazine ® Metro Atlanta | 25


1st Row: Linda A. Klein, Baker Donelson Bearman, Caldwell & Berkowitz; Allison S. Cook, Menden Freiman; Randall M.

Kessler, Kessler & Solomiany; Louise M. Wells, Morris, Manning & Martin; Raj M. Nichani, RMN Global Search; 2nd Row: T.

Bradley Fulkerson III, Transwestern; Richard H. Sinkfield, Rogers & Hardin; Robin M. Hensley, Raising the Bar; Judge Alford

J. Dempsey, Jr., Fulton County Superior Court; Lance J. LoRusso, LoRusso Law Firm; William J. Moss, PNC Bank.

Previous Advisory Panel attendees photographed and not necessarily on the current advisory panel.

ATLANTA ADVISORY PANEL

The Attorney at Law Magazine Advisory Panel

Luncheon was held at the Peachtree Club in

Midtown. Special guests joining the panel

were Richard Sinkfield and Judge Alford Dempsey. The

magazine accepted nominations for future Attorney of

the Month cover stories and after voting several attorneys

were selected. Further, the advisory panel’s role is to lend

advice and provide editorial feedback to the publisher.

Providing the framework on how the magazine can

improve engagement, relevance and accountability

to the legal community. Other topics discussed were

future judges to profile, corporate counsel sponsorship

program, magazine launch of video production,

legal marketing trends, general business outlook and

lawyer ethics.

Going forward the magazine is accepting nominations

for 2016. All candidates must be nominated; the

selection process then includes a questionnaire,

personal interview, reference check and final approval by

the advisory panel. Candidates are evaluated based upon

production, professionalism and uniqueness of story, as

well as industry and community involvement. You may

nominate individuals by emailing the publisher directly

bmcgill@attorneyatlawmagazine.com

26 | www.AttorneyAtLawMagazine.com

26 | www.AttorneyAtLawMagazine.com


METRO ATLANTA EDITION | SEPTEMBER 2012

www.AttorneyAtLawMagazine.com

Features:

Michael E. Hollingsworth II

— Attorney of the Month

Cohan Law Group

— Trial Lawyers of the Month

Levy Tax & Consulting

— Professional Profile

Cassidy Turley

— Professional Profile

The Roth Firm

— Law Firm of the Month

MAGAZINE ®

SEPTEMBER 2012

“ My cover story exceeded my

expectations. I have received

a lot of emails, calls and

acknowledgments from it.


– Michael E. Hollingsworth II, Nelson Mullins Riley &

Scarborough LLP

METRO ATLANTA EDITION | VOL. 2 ISSUE 6

www.AttorneyAtLawMagazine.com

MAGAZINE ®

WOMEN IN

THE LAW ISSUE

Features:

Linley Jones

¦ Attorney of the Month

Nelson Mullins

¦ Law Firm of the Month

VOLUME 2 ISSUE 6


I’m very pleased with how it

came out.


– Linley Jones, Linley Jones, P.C.

METRO ATLANTA EDITION | VOL 2 ISSUE 3

www.AttorneyAtLawMagazine.com

Features:

Curtis J. Martin II

Attorney of the Month

Chief Judge Cynthia D. Wright

Superior Court of Fulton County

MAGAZINE ®

VOLUME 2 ISSUE 3


It has truly been a pleasure

working with the entire AALM

Family. Many thanks to you and the

committee for the opportunity to

be featured as the cover story.


– Curtis J. Martin II, Miller & Martin PLLC

Vol. 3 Issue 2 Attorney at Law Magazine® Metro Atlanta | 27

Volume 4 Issue 5 Attorney at Law Magazine ® Metro Atlanta | 27


Talk of the Town

➤The law firm of Baker Donelson has

been named one of Fortune’s 100 Best

Workplaces for Women.

➤Kilpatrick Townsend & Stockton announced

that partner Yendelela Neely

Anderson has been named

one of Atlanta’s 40 Under

40 by the Atlanta Business

Chronicle. Anderson litigates

and counsels clients

Yendelela Neely

Anderson

in the areas of employment discrimination,

occupational safety and health,

wage and hour, background checks and

credit reporting.

➤The Georgia Asian Pacific American

Bar Association hosted a reception in

honor of American Bar Association

president-elect,

Linda Klein. Judge Carla

Wong McMillian of the

Georgia Court of Appeals,

Linda Klein

Judge T. Jackson Bedford,

deputy chief judge of Fulton County

Superior Court, Judge Jaslovelin “Jessy”

Lall of Magistrate Court of Fulton County,

Robin Sangston vice president and

COO of Cox Communications as well

as GAPABA’s first president, professor

Natsu Saito (GSU Law) and Jean Padberg

were in attendance to honor Klein.

➤The Legal Marketing Association’s

Southeastern Chapter (LMASE) is

pleased to announce the recipients of

the 2015 LMASE Your Honor Awards

recognizing leading designs and creative

strategies by legal marketing professionals.

The Atlanta City Group was named

City Group of the Year. Shannon Lanier

of Ward and Smith, P.A. was named Member

of the Year. Kelley Kronenberg won

first prize for community relations, identity

projects totaling up to $20,000 and

for practice development. Adams and

Reese LLP won first prize for events.

Constangy, Brooks, Smith & Prophete,

LLP won first prize for identity projects

totaling more than $20,000. Baker Donelson

won first prize for marketing on

a shoestring for large firms. Motley Rice,

LLC won first prize for media relations

campaigns. Sutherland Asbill & Brennan

LLP won first prize for newsletter

alerts. Ogletree Deakins won first prize

for social media. Motley Rice LLC won

first prize for total overhaul and rebrand

of website. Cranfill Sumner & Hartzog

LLP won first prize for the individual

portions of website.

➤Baker Donelson has named Atlanta

attorneys Linda S. Finley, Dylan W.

Howard and Jonathan E. Green as new

Linda S. Finley Dylan W. Howard Jonathan E. Green

practice group leaders within the firm’s

financial services department.

➤Davis, Matthews & Quigley, P.C. is

pleased to announce John A. Sugg is now

a shareholder. He will continue his practice

in the business litigation

practice group where

he represents small businesses,

large international

John A. Sugg

companies and individuals,

including high net worth clients in a

variety of matters.

➤Kilpatrick Townsend & Stockton

announced that the Atlanta Business

Chronicle recognized

Atlanta office managing

partner Audra Dial as one

of their honorees for the

Audra Dial 2015 Women Who Mean

Business Award. Dial was one of only 21

women to receive the recognition.

➤Taylor English Duma LLP is pleased

to announce that Michael H. Trotter

has been appointed as

chairman of the law firm

finance committee of the

law practice division of the

American Bar Association

Michael H. Trotter

(ABA.) In addition, Trotter

was named to the board of the knowledge

strategy interest group of the division.

➤Kilpatrick Townsend & Stockton

announced that attorney

John Moye has been

elected to the governing

board of Crossroads Community

Ministries.

John Moye

➤The global law firm Jones Day has announced

that Ryan K. Walsh has joined

the firm’s Atlanta office as a partner in

the intellectual property practice. Walsh

arrives from Robbins Geller Rudman

& Dowd in Atlanta. Walsh is an experienced

intellectual property trial lawyer

whose practice focuses largely on patent

litigation in numerous key technologies,

including wireless communications, networking,

and medical devices. He has

completed multiple trials in the last two

years and has appeared as lead counsel

in complex cases before federal appellate

and district courts, state trial courts and

in arbitration proceedings.

28 | www.AttorneyAtLawMagazine.com


AWARDS – ANNOUNCEMENTS – PRESS RELEASES – PROMOTIONS– EVENTS – ACTIVITIES – HONORS – RECOGNITIONS

➤Angela Ramson, an attorney in the international

law firm Greenberg Traurig,

LLP’s litigation practice, has been named to

Georgia Trend’s 40 Under 40 list for 2015.

Ramson is a senior associate in the firm’s

Atlanta office. Ramson specializes in labor

and employment and commercial litigation.

She represents clients in the areas of

labor and employment, general business

and commercial litigation.

➤Kilpatrick Townsend & Stockton announced

the addition of three new associates

to the firm’s Atlanta office, Courtney

Dabbiere, Forrest Flemming and Jason

Huff. Dabbiere joins the firm’s patent litigation

team in the intellectual property

department. She earned her Juris Doctor

from the Emory University School of Law

and her Bachelor of Science in biomedical

engineering from the University of Southern

California. Flemming joins the firm’s

trademark & copyright team in the intellectual

property department. Prior to joining

the firm, he served as a judicial clerk for

the Honorable C. Lynwood Smith, Jr. in the

United States District Court for the Northern

District of Alabama. Flemming earned

his Juris Doctor from Emory University

School of Law. Huff joins the firm’s chemistry

& life sciences team in the intellectual

property department. He earned his

Juris Doctor from the University of North

Carolina School of Law and his doctorate

in microbiology from the University of

Alabama at Birmingham.

➤Sarah Ernst, partner in Alston & Bird’s

health care group, and Kevin Gooch,

partner in the firm’s finance

group, have been selected

as members of the Atlanta

Business Chronicle’s 40

Under 40 Class of 2015, an

Sarah Ernst

elite group of Atlanta professionals

recognized for

their notable career. Ernst

has been recognized for

her considerable contributions

to OnBoard Inc., the

Kevin Gooch

leading authority on women

in the boardroom of Georgia public

companies and a catalyst to increase the

number of female directors on public and

private for-profit company boards. Gooch

was highlighted for his work in the community,

including his work as president

of the Emerging 100 of Atlanta, the young

professional auxiliary of 100 Black Men

of Atlanta.

➤Atlanta King & Spalding intellectual

property partner Natasha Moffitt will

be a featured speaker on an IP in Arbitration

panel Dec. 11 at Managing IP’s International

Women’s Leadership Forum

in San Jose, California. She is a seasoned

patent litigator and trial lawyer, having

successfully tried multiple cases to verdict

in recent years.

➤Taylor English is pleased to announce

that Deborah A. Ausburn, who leads

the firm’s youth serving organizations

industry group,

has been honored by the

American Camping Association’s

Southeastern

Region with its Community

Service Award.

Deborah A. Ausburn

Ausburn is a member of Taylor English’s

litigation and dispute resolution and public

interest and advocacy groups, where

she focuses on advising and defending

nonprofit groups.

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Volume 4 Issue 6 Attorney at Law Magazine ® Metro Atlanta | 29

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