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ATLANTA | VOLUME 6 ISSUE 3 

www.atlantaattorneymagazine.com 

MAGAZINE 

ATTORNEYS 

TO WATCH 

MAGAZINE 

IN 2017 

PREVIEW 

Brian D. Poe 

ATTORNEY OF THE MONTH 

VOL. 6 ISSUE 3 ATLANTA ATTORNEY MAGAZINE | 1



MAGAZINE 

EDWARD D. BUCKLEY 

PLAINTIFF’S LAWYER OF THE MONTH 

2 | www.atlantaattorneymagazine.com



MAGAZINE 

thad woody 

PRACTICE PROFILE OF THE MONTH 



VOL. 6 ISSUE 3 ATLANTA ATTORNEY MAGAZINE | 1 


2 | www.atlantaattorneymagazine.com 


VOL. 6 ISSUE 3 ATLANTA ATTORNEY MAGAZINE | 3 

Table of Contents 

EDITORIAL 


Brian D. Poe 

ATTORNEY OF THE MONTH 

5 Brian Poe 

Attorney of the Month 

10 Family Law Attorneys Must 

Look at the Big Picture 

Practice Profile of the Month 

14 Buckley Beal, LLP, The Go to 

Plaintiff's Law Firm 

Plaintiff's Law Firm of the Month 

16 Interview with: 

Judge Michael J. Newman 

18 E-Discovery 

20 Food for Thought: 

"Explanation" 

By Lee LeFever 

MAGAZINE 

Atlanta Attorney(s) at Law Magazine is 

published by: Atlanta Attorney Magazine 

Bill McGill 

Publisher 

Kimberlee Payton Jones 

Editor 

Jan Jaben-Eilon 

Elaine Frances 

Yona Pesman 

Staff Writers 

Scott Bagley 

Graphic Design 

Korie Akinbami 

Leslie McCree 

Jeremy Adamo Photography 

Photography 


EDWARD D. BUCKLEY 

PLAINTIFF’S LAWYER OF THE MONTH 

MAGAZINE 

22 Mediation 

By Jennifer Grippa 

24 5 Reasons Why Law Firms 

Need Custom Videos on 

Their Website 

By Montina Portis 

25 10 Ways an Attorney will 

Attack You on the Stand 

26 Scene @ the RMN Event 

28 Legal Recruiting: 

The Art of Building a Book 

of Business 

ByRaj M Nichani 

29 Movers & Shakers 

Jennifer Grippa 

Raj Nichani 

Bill McGill 

Montina Portis 

Contributing Editors 


MAGAZINE 

thad woody 

PRACTICE PROFILE OF THE MONTH 

Copyright c2017. Atlanta Attorney at Law 

Magazine all rights reserved. Reproduction 

in whole or in part of any text, photograph 

or illustration without written permission 

from the publisher is strictly prohibited. 

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Attorney at Law Magazine PO Box 14815 

Atlanta, Georgia 30324. 

Letter From the Publisher 

Whether you’re an attorney, executive, 

entrepreneur, or a 

non-profit leader, your success 

is often dependent upon your ability to 

engage and enroll influencers to get on 

board with your ideas. When you create 

connections with recognized and well 

respected influencers, you move from 

a “one-to-many” to a “many-to-many” 

model, empowering others to carry your 

ideas forward to their communities. 

What follows inside these pages are 

three cover stories of thought leaders 

in the legal industry. Brian Poe, has 

launched and successfully sustained a 

multi-area law-practice. A quickly expanding 

practice in areas of real estate, 

family law, bankruptcy, personal injury, 

criminal law and debt collections. Read 

about all of these and how is approach 

evolved from his early days as a lawyer. 

Next, a regular top 100 ranked Georgia 

lawyer Ed Buckley is previewed for our 

“Attorneys to Watch 2017” issue coming 

out next month. Notably, when asked 

what characteristic is most important for 

an attorney to posses, he responds, simply, 

“Credibility. It’s very important for 

a lawyer to be truthful. You have to be 

credible with the courts and opposing 

counsel. If your reputation is for shading 

the truth, then people won’t believe 

you. Judges know which lawyers they can 

trust.” The third is partner Thad Woody, 

with Kessler & Solomiany the top family 

law firm representing high-profile executives, 

celebrities and athletes. Woody 

tells a few war stories from the TV series, 

“Real Housewives of Atlanta”. 

As you read their ideas-from such diverse 

realms, imagine how each might 

apply in your situation, then get creative 

and add your own innovations. 

Bill McGill 

Atlanta | (404) 229-0780 | mcgill@atlantaattorneymagazine.com 


Brian Poe 

By Kimberlee Payton Jones 

From the time he entered law school, Brian Poe had plans to 

do something “really outside of the box.” At that time, he was 

referring to becoming a general manager for a Major League 

Baseball team. He did not ultimately end up in baseball, but 

he definitely succeeded in crafting a law practice that is outside of 

the box. 

Brian Poe began his career in a traditional manner. Encouraged 

by his parents - Atlanta pediatrician Booker Poe M.D. and the late 

educator Gloria Reeves Poe, Brian Poe earned his bachelor’s degree 

at Florida State University, an MBA at University of Georgia, and he 

received his JD from the University of Virginia, a Top 10 law school. 

He subsequently worked at two top-tier law firms before going to 

work in-house at a Fortune 500 company. Since that time, he has 

succeeded in building traditional practice areas by using untraditional 

methods. 

Poe began his legal career as a summer associate at Morgan, Lewis 

& Bockius. He chose that firm because of its baseball practice, and 

while there he worked under Chuck O’Connor, one of the top labor 

and employment attorneys in the country. He also worked under 

Robert “Rob” Manfred, who is the current Commissioner of Baseball. 

Upon graduating from UVA, Poe went to work at Morgan, 

Lewis & Bockius as a full-time associate. He soon learned, however, 

that he was not the only associate with hopes to work in the firm’s 

competitive baseball practice and that he would have to work in the 

firm’s labor and employment division for five to seven years before 

he would be able to get any of the much-coveted baseball work. 

As such, he crafted a plan to return to Georgia where he had attended 

business school. He knew that after just a brief stint as a fulltime 

associate at a major law firm that employers would question his 

motives for wanting to relocate. In figuring out how to best sell himself, 

he planted the seed for what would become one of his business 

ventures, legal recruiting. Poe implemented his plan and secured a 

position at Troutman Sanders in Atlanta working as a labor and employment 

litigator. 

Poe had a successful run at Troutman Sanders and subsequently at 

Delta Air Lines, Inc., but he found it difficult to be working in labor 

& employment, an area in which he had never dreamed of working. 

Moreover, Poe found it challenging always having to defend the employer. 

“A lot of my peers were really motivated to win these cases. 

They would come up with 10 different reasons why someone should 

lose their job or not be paid severance, and I might have one or two. 

And while I often felt like when I was at [the firm] or at [the company] 

that I was on the right side of the issue, sometimes I wasn’t so sure.” 

The difference between his colleagues’ zeal and his own brought Poe to 

the realization that he should be doing something different. “I realized 

that in order to succeed you really need to be that person that has ten 

ideas. And if you don’t have ten ideas on something, maybe you are not 

in the right space.” 

With this revelation, Poe began venturing into a variety of business 

and community endeavors, but he chose things about which he was 

passionate. His pursuits thus far have included entertainment and film, 

legal recruiting, practicing law, and writing a legal column for Atlanta 

Tribune: The Magazine. To that end, Poe has written several screen 

plays, and he has also written, produced, and financed a major film Big 

Ain’t Bad, the Hollywood Black Film Festival’s Audience Choice Award 

winner, that was distributed by Starz and First Look and was the red carpet 

Kick Off Film of the Fox Theater’s 75th Anniversary Summer Film 

Series. In addition, since leaving corporate America, Poe has worked in 

the area of legal recruiting and has established a specialty in the area of 

diversity placement. He has placed attorneys, several of which are now 

judges and elected officials, at major law firms and corporations. 

Poe serves on numerous community non-profit boards and advisory 

boards. Though not a politician himself, he has served on the 

Campaign Finance Committee of Atlanta Mayor Kasim Reed, chaired 

the successful 2016 campaign of Fulton County Superior Court Judge 

Thomas A. Cox, Jr., and mentored and supported two former Troutman 

Sanders summer associates – Atlanta City Council President 

and current mayoral candidate Ceasar Mitchell and Fulton County 

Commissioner Marvin Arrington, Jr. His support of former President 

Barack Obama landed him a coveted invitation (which he accepted) 

to attend the Motown Sound event in the East Room of the White 

House in 2011. According to Judge Cox’s campaign manager, “Our 

campaign team’s appointment of Attorney Brian Poe as Chairman was 

the game-changing moment in our successful race in 2016.” 

Poe has also launched, and successfully sustained, a multi-area 

law-practice. He currently has offices in downtown Atlanta, Decatur, 

and in Union City. His rapidly expanding practice areas include real 

estate closings, family law, business, bankruptcy, personal injury, criminal/DUI 

law, estate, entertainment and debt collections. His approach 

to the practice of law has changed from his early days in that he now 

is extremely passionate about his work. As such, his primary focus is 

consumer and small-business-based. “We’ve come full circle. Just 

like children in Atlanta have needed my father’s medical services for 

decades, my consumer and small-business clients in our community 

really need our legal service and advice. And we listen first, and then 

keep exploring as many different ideas and approaches as necessary 

– until we find the team, strategy and solution to best address their 

challenge at hand.” 

A hallmark of Poe’s practice is that he is diligent about choosing to 

work with people who are passionate about what they are doing. These 

strategic partnerships have enabled Poe to develop a true general service 

law firm that he is continually growing. He currently has a team of 

over 20 people. As a result of these partnerships, Poe has been able to 

do many things well. But, as he had done since beginning law school, 

he has approached each in a manner that is outside of the box. 

Poe is the proud father of two teenage daughters with one in studying 

pre-med at a prestigious Southeastern university and the other in a 

prestigious Atlanta prep school with future political interests. 

Visit: www.thesigningattorney.net 

for further information 


ankruptcy | www.bankruptcyattorneys-georgia.com 


The recession of the late 2000s was the impetus for Brian 

Poe to start his bankruptcy practice. He did not choose to 

start his bankruptcy practice for the typical reasons that one 

would expect during a recession. While one would expect 

it to have been a practical market decision considering the financial 

crisis, it actually came from a pragmatic assessment of Poe’s interests 

and strengths. 

For many years, Brian Poe & Associates has operated a successful 

law firm that consisted primarily of a real estate closing practice, 

in addition to several other practice areas. Upon leaving corporate 

America, Poe started doing closings and his business expanded so 

rapidly that he soon had attorneys across the state of Georgia doing 

closings for the firm. Like most real estate practices, Poe & Associates 

felt the ripple effects of the recession. The problem was further 

compounded by changes to the Georgia Bar rules that made it more 

difficult for small firms to do closings. 

As a result, Poe found himself at a crossroads in his practice, and 

so he did a self-assessment. He had a law degree. He knew that he 

liked to help people, and he had already experienced a high-level of 

success building his own practice. Poe also knew that he had to create 

a practice that would provide a certain level of income based on 

his prior earnings, but rather than choose a practice area based exclusively 

on how much money he could make, Poe wanted to go into 

an area about which he was passionate. 

Because Poe is passionate about helping people, it made sense to 

him to build a consumer-based practice. However, Poe also has a 

strong sense of self-awareness. Understanding that his strengths lie 

in building a good team, building solid relationships, and in marketing, 

he also knew that he had to build a practice where he could utilize 

a strong paralegal and support staff. In addition to being a great 

and effective lawyer, Poe is also a gifted businessman, which is not 

surprising given that he has an MBA from University of Georgia, as 

well a law degree from the University of Virginia. As such, he understood 

the importance of creating a practice where he would have the 

flexibility to meet with clients, do marketing, and build his business. 

All of these elements, in addition to advice from his colleagues that 

he would be good at bankruptcy, informed Poe’s decision to launch 

a bankruptcy practice, officially known as “Georgia Bankruptcy Attorneys, 

a division of Brian Poe & Associates, Attorneys, PC” with 

offices in Atlanta, Decatur and South Fulton (Union City). 

While Poe’s bankruptcy practice was spawned from a talent inventory 

and from the practical questions, Who do I like? and What 

do they need?; the practice has been sustained by Poe’s uncanny 

ability to choose good partners. “The reason I chose bankruptcy is 

because I am better at choosing partners and making sure people are 

paid,” he explained. “I am good at operating as a chairman. I am a 

relationship guy, a theme guy, a people guy.” 

The bankruptcy team includes managing attorney Winn Keathley, 

who received his law degree from Georgia State University and has 

extensive experience doing bankruptcy work. Keathley provides Brian 

Poe & Associates with consistent courtroom presence. The team 

also includes senior paralegal, Jennifer Miller, who worked at one 

of the largest bankruptcy firms in Georgia. Miller has many years’ 

experience working in Georgia bankruptcy courts and, having come 

from one of Georgia’s largest bankruptcy courts, helps Poe effectively 

manage the high-volume business that they have built. Poe describes 

Miller the bankruptcy practice’s “x factor”. “She is so smart and passionate 

about bankruptcy law that people say to me all the time, “I 

can’t believe she’s not a lawyer!”” When the firm is really busy, it 

enlists paralegal Nicholas Kyle, a super smart, former big bankruptcy 

firm colleague of Miller, to support the practice. Last but not least, 

Poe relies on the steady counsel of Jamie Cox, Esq., a Double Ivy 

League educated attorney with a Pennsylvania bar who practices under 

his supervision and is taking the Georgia Bar this summer. 

For a marketing boost, Poe also has hired Donald Craddock, who 

coined the firm’s “People’s Champs” tagline, as the firm’s Director of 

Community Engagement. Craddock’s acquisition has paid dividends 

for the bankruptcy practice in particular, as the law firm’s “Friends of 

Georgia Bankruptcy Attorneys” Facebook group has grown to over 

9,000 followers in just over one year. 

Poe is effective, of course in bringing in the clients and preparing 

them for the process. One of the benefits of working with Poe during 

bankruptcy is that he has multilateral practice, so his clients do not 

have to worry about the stigma that can be connected to hiring a 

bankruptcy attorney. Also, Poe quick to depart from the firm’s published 

fees and will structure an understanding that better fits the 

capability of each potential client - so that someone who needs help 

is able to utilize the firm’s services to file bankruptcy. 

The irony is that what developed from a pragmatic need to find a 

new practice area that could be sustained by practical partnerships, 

developed into a passion for Poe. “I chose bankruptcy, in part, because 

it was paralegal driven, but then I fell in love with what it is 

that we do. We stop foreclosures. We stop evictions. We stop creditor 

lawsuits. We stop harassing phone calls. We stop repossessions. 

And get this, many times we have even reversed a repossession that 

has already occurred – and returned a repossessed car to the original 

owner. When we help people within the law, and we later see them 

recover on a better track moving forward, it’s an amazing feeling,” 

Poe said. 


Debt Recovery / collections 


It might seem somewhat incompatible that a bankruptcy attorney 

would launch a collections practice, but for Brian Poe the 

practice areas are simply two sides of the same coin. 

“I have always thought about doing collections,” Brian Poe 

explained. “My father has been a small business owner since 1969, 

and I know that for small businesses collecting all or most of their 

money could mean the difference between being profitable and 

being out of business.” 

Coming from this perspective, it makes senses for the corporate-lawyer 

turned consumer-focused attorney to enter the realm 

of collections. Corporations, large and small, need to have systems 

in place to recoup their losses in order to sustain their businesses. 

It has a ripple-effect on all aspects of the economy. In fact, Poe, 

like many other attorneys who maintain their own practices understands 

that financial sustainability can be difficult. “One of the 

most challenging aspects of practicing law is staying viable financially,” 

Poe said. Part of that is “because laws and regulations can 

change at any moment. Your future can be dictated by things that you 

cannot control.” 

For small businesses can experience a lack of control in the form of 

unpaid debt. This is an area with which Poe strives to bring a sense of 

control for his clients. Another aspect over which companies can have 

little control can be the collection practices utilized by the collection 

agencies that companies hire to assist them in mitigating their losses. 

“I feel that there are companies out here that don’t care about fair 

debt collection,” Poe said. “They are overly aggressive in their collections 

practices and don’t care about what they say, both from a legal 

standpoint and a moral standpoint,” Poe explained. This can create significant 

legal issues for companies that employ these agencies. 

In response to the propensity of many collection agencies to ignore 

the Fair Debt Collection Practices Act (“FDCPA”), increasingly corporations 

are opting to retain law firms to do their collections work. As 

such, operating as a law firm that does collections has worked in Poe’s 

favor. Moreover, Poe cites compliance as his primary focus and his primary 

selling point. “We will be consistent and thorough, but most of all 

FDCPA compliant,” Poe says. 

“If there is a client that we are collecting for, I am not going to hard 

sell you by saying that we will collect more than any other firm. I am 

going to hard sell you on the fact that we have top quality people, and 

that we are going to be compliant,” Poe explains. 

As with his other practice areas and business ventures, Poe recognizes 

that establishing the correct partnerships and creating the right team 

is essential to the success of the practice. To that end, Poe attributes the 

bulk of the success of the practice area to his managerial team, which is 

\led by Tiffany Moore, who is the General Manager of Decatur-based 

Attorney Network Solutions, the division of Attorney Poe’s law firm 

that handles collections. Moore attributes the firm’s early success to Attorney 

Poe’s compliance mindset as well as her own ability to motivate 

their team to do their jobs the correct way. 

Poe speaks very highly of Moore, a former client of his law firm who 

has owned her own collection agency and managed collections staffs 

previously. “Despite my personal interest in doing collections, I paused 

at the idea - which was brought to me by Tiffany Moore - because of my 

bankruptcy practice,” Poe said. “It took a lot of persuasion, time and 

trust, and considering her counsel as well as the advice of an attorney 

friend with collections experience. Ultimately, I concluded that we 

could make a positive difference together in this business. I would 

not have launched a collections law firm without Tiffany Moore. She 

is my peer, not as an attorney, but from a business standpoint. She 

has my full trust.” 

“We know how to keep people happy, and this is coming from 

people who have worked at [collections firms],” Moore said. “We 

motivate people to do their jobs the right way rather than by threatening 

people.” As a result, Moore explains in agreement with Poe’s 

compliant-focused philosophy, “we do better business, not only because 

we are effective, but also because we are compliant.” 

Poe’s desire to protect himself and his reputation are part of the 

reason that he stresses compliance. Another aspect, however, is his 

understanding the necessity of protecting a company’s reputation as 

it seeks to collect money that it is owed. Consequently, Poe strives 

to build relationships with his clients so that even while doing their 

collections work he can protect their image in the community. By 

staying compliant, companies not only avoid potential law suits that 

could eclipse the money that they are attempting to collect, but they 

are also more likely to preserve the goodwill of the consumer. Some 

consumers may be experiencing a temporary financial hardship, but 

could also be a source of future business. 

Poe’s experience as a bankruptcy attorney is yet another aspect of 

his commitment to compliant debt collection. “Because I have experience 

on the other side, I definitely have a place in my heart for 

people who are experiencing debt issues,” Poe said. This focus on 

compliance has served Poe well. His collections practice has experienced 

substantial growth in a brief period and has exceeded his 

expectations. As a result, he has had to hire more employees and expand 

his office space. 

Contact: Attorney Network Solutions 

A Division of Poe & Associates, Attorneys, PC 

www.attorneynetworksolutions.com 

4319 Covington Hwy. Suite 300 

Decatur, Georgia 30035 

(678) 250-5044 


eal estate closings 

By Jan Jaben-Eilon 

The real estate closing division of Brian Poe & Associates, 

Attorneys, PC, probably constitutes only about 10 percent 

of the firm’s gross revenues, but the profit margins are 

“more solid,” says Poe, the managing partner. “It’s the most 

profitable part of the business.” 

A former senior attorney for Delta Air Lines Inc., and former 

associate for Troutman Sanders LLP and Morgan Lewis & Bockius, 

LLP, Poe started his own firm just a few years ago, initially as a legal 

recruiting firm. He knew it would be a big risk to launch his own 

firm, but he has successfully branched out into other legal areas, as 

well, including the real estate closing business. 

“I have built teams and relationships and can do full loan closings 

for mortgages and refinances, as well as travel closings for borrowers 

and clients in our offices or at the client’s home or office,” 

he explains. Part of the reason the real estate closing business is so 

profitable is that Poe and his partners are paid from the borrower’s 

loan funds. “The firms pay us quickly and right off the settlements,” 

he says. “We sit at the table, supervising and notarizing and making 

sure all the documents are witnessed. We have an obligation to all 

the parties.” 

About 80 percent of his closings are residential, with the remainder 

on the commercial real estate side. 

For the full loan closings, he has partnered with Tabitha Ponder 

of The Ponder Law Group. “We met over a decade ago when I was 

working in southern and middle Georgia,” she says. “We were doing 

mobile closings and we helped each other.” Although she still has an 

office in South Georgia, Ponder has transitioned to the Atlanta office. 

“We’re on each other’s web sites, and are in-counsels in each other’s 

firms,” says Poe, noting the closeness of their relationship. 

“I have the title division and thus am able to do full closings beginning 

to end, whether it’s residential or commercial,” Ponder says. 

According to Ponder, what makes them unique is their smaller 

size. “We tend to have a personal feel and attention with the clients,” 

says Ponder, who also practices personal injury law. “We price our 

closings on the basis of the cost of the house, not just fees. Pricing on 

a scale helps everybody, especially if it’s a lower-income home. Our 

prices are more flexible; it’s more fair to charge on scale.” 

Ponder, who is a graduate of Albany State University (where she 

has taught for seven years) and Mercer University Law School, 

stresses the importance of the relationships that she and Poe have 

developed over the years, whether with mortgage brokers, Realtors 

or investors. Most of their business comes from past clients and their 

reputations spread by word of mouth. 

Poe has been practicing law since 1993, he says. A severance from 

Delta Air Lines allowed him to take the risk of starting his own practice. 

“I had a year to figure out the business from the time I planned 

to leave,” adding that he’s much more fulfilled in his own venture. 

Some of the relationships he’s built over the years are with out of 

state, but Georgia-barred, escrow attorneys with whom he’s teamed 

up on closings. He’s says that the law allows borrowers to choose 

their own attorneys, but that is rarely done. That’s why the relationships 

he’s built with bankers and other attorneys has been crucial for 

the success of his business. 

Poe points out that he’s always willing to work with additional 

attorneys and have them come watch how he and Ponder conduct 

closings. “We can teach them,” he says. 

One attorney who has a track record for training attorneys is Jamie 

S. Cox, an Atlanta native and undergraduate degree holder from 

Columbia University and a J.D. from The University of Pennsylvania 

Law School. She has worked with Poe & Associates since 2012, coordinating 

the real estate closing division. She’s the one who assigns 

the closings, makes sure they are completed and compliant. “At any 

one point, there are several closings at once,” she says, referring to 

herself as a juggler. “I am like an overarching COO. I get the paperwork 

from the attorneys, especially if we have new attorneys, so I can 

make sure it’s all done properly and make sure everything goes to the 

funder who then funds the loans.” 

Cox says the two things she really enjoys about the work is meeting 

a lot of people and “helping to build a business from the ground 

up and seeing it prosper. It’s a great feeling.” 

Contact: Brian Poe & Associates,Attorneys, PC 

(404) 880-3318 

www.thesigningattorney.net 



Well-known legal recruiter Barbara 

Goldman compares her 

challenge of finding the right 

candidate for the right law 

firm to a puzzle. “I love to meet the candidates 

and help figure out where they should 

go. It’s like a jigsaw puzzle. You have to get 

the pieces to fit just right.” 

To make that fit successful, Goldman – 

now Consultant for Esquire Connect, LLC 

– carefully vets every candidate, finding out 

what makes the person unhappy with their 

current employment. “Usually it’s more 

than just money. Sometimes it’s the expectations 

of the law firm, or the support given 

by the law firm,” she explains. 

Just as important as knowing the candidate, 

Goldman carefully acquaints herself 

with the hiring firm. “I talk to both partners 

and associates to learn the good and the bad. 

I want to know the culture of each practice 

group, not just the culture of the law firm. 

It’s a two-sided deal and I must make both 

the candidates and the law firms happy. I 

don’t want to make a mistake on either side. 

I want the candidate to be happy and stay 

with the firm.” 

Less than a year ago, Goldman took her 

long experience in legal recruiting to Attorney 

Brian Poe, after a short hiatus from 

the business. While his legal recruiting firm 

Esquire Connect LLC, a member of the National 

Association of Legal Search Consultants 

(“NALSC”), has made many partner, 

associate and in-house placements, Poe saw 

the acquisition of Goldman as his company’s 

biggest move to date because, “Her experience 

is unmatched. She actually started 

recruiting in the telecommunications industry 

in about 1990, before the extensive 

mergers made recruitment more difficult. In 

1993, she started working for a legal recruiting 

company in Atlanta and then started her 

own firm, BG Search Associates, in 1999. 

From that time on, I believe she was among 

the top 2 or 3 recruiters for women and minority 

partners candidates in our region.” 

“I had worked for a friend, Gail Koch at 

Comsearch, in New York. She taught me everything 

about recruiting,” says Goldman. 

“There’s a wonderful legal culture in Atlanta 

compared to New York. The in-house 

departments are wonderful here, very positive. 

It’s easy to bring people from out of 

town into these corporations. It’s easier and 

friendlier here and the large law firms are 

most flexible. They’re still demanding, but 

with a smile.” 

During her career, Goldman handled a 

great deal of overseas recruitment as well. 

She had clients who were American corporations 

with overseas locations, especially 

Esquire Connect 

in South Korea and China, and she traveled 

frequently to meet overseas clients. Recruitment 

for overseas jobs differs from domestic 

recruiting, she notes. “The candidate has to 

have a desire for the experience and to be 

able to fit in and be okay with an extended 

overseas stay of three to five years.” 

The whole recruiting scene has changed 

since Goldman started in the business, she 

reflects. “Vetting of candidates is easier because 

of the Internet, for instance. There 

are different and better background checks. 

Today’s candidates now place more value 

on quality of life than just financial success. 

They’re looking for more balance. Fortunately, 

the firms are also more flexible. I really try 

to make a good deal and make sure people 

are happy on both sides.” 

When she owned BG Search Associates 

she became certified as a Woman Owned 

Business, and eventually became a Board 

Member of the Women’s Business Enterprise 

National Council. Her certification and activities 

on the WBENC Board enabled her 

to meet with influential corporate executives 

and diversity managers. “They really guided 

me,” she says, naming off several of Atlanta’s 

largest corporations as being particularly 

helpful to her. 

Goldman has long had a glowing reputation 

for her ability to place women and minorities, 

which she acknowledges. But she 

adds that today, “it’s not that big a deal to 

have women and minority candidates, like 

it was back in the 1990s. In the Atlanta legal 

scene, there are now many women and minority 

partners.” 

She now describes herself as a Consultant 

to Esquire Connect LLC, where she joins 

lawyers Brian Poe, Jamie Cox, and Sharece 

Naomi Thomas. “I don’t have my own client 

base anymore, but Brian has amazing contacts. 

He used to work for me and he was terrific, 

the best. He has a great team. Everyone 

with him is a lawyer. When I started, none of 

the people were lawyers; now I’m the exception. 

I’m 70 years old. I’ve been very lucky in 

my career. A lot of everything is having the 

right mentors I’ve been lucky to have such 

mentors and now I want to give back some of 

the experience that I’ve gained over the years 

to the recruiters in Brian’s firm.” 

Visit: www.esquire-connect.com 

for further information 


Photo by Jeremy Adamo 

ATTORNEYS 

TO WATCH 

MAGAZINE 

IN 2017 

SERIES 

It’s not about winning when you’re 

talking about family law, says Thad F. 

Woody, a partner with Kessler & Solomiany, 

which specializes in that dicey, 

difficult, often damaging divorce world. 

“What does winning even mean to a family? 

If there are kids, you want them well adjusted; 

if there are parents or in-laws, you want 

to be able to continue to talk to them. A 

family needs to stay intact somewhat when 

children are involved.” 

Being a family law attorney thus also 

means being a little bit of a therapist. “We enter 

that role often,” he says, “but we also have 

a list of great therapists (to offer clients).” Too 

often, he notes, clients are focused on bank 

accounts, real property or retirement. “They 

forget the big picture. As the attorney, we 

can’t get caught up in the emotion. Clients 


FAMILY LAW ATTORNEYS MUST LOOK AT 

THE BIG PICTURE 

By Elaine Frances 

may think of winning in terms of dollars or 

custody (of children), but it’s not necessarily 

what will make them happy. It’s important 

that attorneys provide realistic expectations.” 

That can prove to be challenging. “Clients 

are malleable. They change under the 

influence of family and friends. But it is 

imperative to provide counsel from day 

one,” adds Woody who says in family law, 

all cases are unique and unusual, ensuring 

that the facts of each case “stick with you.” 

Certainly that’s true in Kessler & Solomiany’s 

caseload. Among the high-profile 

executives, celebrities and athletes who are 

clients of the firm, are the women from the 

TV series, “Real Housewives of Atlanta.” 

Through the years, the women may have 

changed, but the issues they bring to Woody 

and his partners remain the same: divorce 

and pre-nuptial agreements. Other clients 

come from the sports arena or music world, 

especially now that the hip-hop and film industry 

have blossomed in Atlanta. 

“You don’t have to live in Atlanta to find 

love in Atlanta, have children, marriages 

and divorces here,” notes Woody. 

“Atlanta has grown as a city and we have 

a huge entertainment area as well as many 

high-profile executives. What’s different with 

these clients is that they have a larger spotlight 

on them. We hear all kinds of interesting 

things that get repeated in the media. A lot of 

people know these clients and there’s always a 

risk of gossip. We enter confidentiality orders 

and seal the dockets, but things still leak and 

we try to protect our clients.” 

The fact that Woody is now in a position 

to protect his clients from the media is iron-

ic since when he was in college at the University 

of North Carolina, he was deciding 

whether to make a career in journalism or 

in law. “When I studied journalism, it was 

evolving from substantive reporting and 

writing to sensationalism and faster deadlines,” 

recalls Woody who lunches occasionally 

with college friends at CNN which 

is headquartered across the street from his 

downtown office. “We have the same deadlines 

with family law, but the idea of serving 

a client is much more appealing than serving 

a news agency. I try to keep my clients 

out of the news.” 

“Whether our clients are red-carpet regulars or full-time parents, 

they get the same type of high-end representation.” 

What is similar to journalism, however, is 

its time demands. “It’s challenging because 

of the constant 24/7ness of it all now. With 

the technology we all have, we’re accessible 

to our clients – and they’re most available 

on weekends, nights and holidays. I try to 

give counsel at all times, but sometimes 

I regret that I missed out on the days of 

practicing law with only a typewriter and 

a landline which also afforded attorneys in 

that era to more easily disengage from the 

practice when leaving the office. I would 

not want to give up my technology now but 

I do think attorneys and clients need to be 

more mindful of life in front of them and 

how they engage with people personally to 

have more meaningful relationships. In the 

divorce context, it is easy to be obstinate 

and hide behind a keyboard but sometimes 

those quick words can have a chilling effect 

on the final outcome of a divorce and also 

carry with a family for years to come. Two 

summers ago, I went with some law school 

friends to rural Sweden and it was the first 

time without cell phone signals for three 

days. It was delightful.” 

Yet, helping people in their time of need 

is also what attracts Woody to family law. 

“There’s a feel-good component to helping 

people,” he admits. However, he stresses 

that “patience,” “a good basis in the law,” 

and “kindness” are the most important 

qualities for practicing family law. “Kindness 

is probably unusual for a family lawyer 

to say, but being kind to an opposing lawyer 

helps later in your career. It’s important 

to be professional rather than smear into 

someone’s face when you’re proven right.” 

Two words come to Marvin L. Solomiany’s 

mind when he thinks about Woody: 

reliability and commitment. “Thad is one 

of those guys that you can always count on 

his word, no matter what the circumstances 

may be. This applies to situations in and 

out of the office. In addition, his commitment 

to his cases is remarkable. Thad always 

zealously represents his clients, while 

at the same time making sure that he is 

committed to explaining to them the pros 

and cons of each particular decision that is 

applicable to his/her case.” 

According to Randall M. Kessler, “Thad 

is an organized, perceptive and detail-oriented 

lawyer. But perhaps more important 

is his ability to communicate with his clients. 

He is responsive and his clients seem 

to always appreciate his ability to listen to 

them and to be there for him. As a former 

chair of the ABA (American Bar Association) 

Family Law Section, I am so happy 

that Thad has picked up the mantle.” 

Indeed, Woody is active in the Atlanta 

Volunteer Lawyers Association and he 

teaches a family law course as adjunct professor 

at the Georgia State University College 

of Law. He charges that law schools, 

in general, don’t promote family law 

sufficiently. “I have guided students who 

think they want a desk job and some who 

dismissed family law, thinking it would be 

less fulfilling. The importance of family in 

the institution of law needs to be stressed,” 

he says. The advice he gives to law students 

boils down to being consistent and thorough. 

“Know what you’re going to say be- 



fore you say it and know what the client will say before a judge. You 

must do due diligence and be prepared.” 

Although Woody doesn’t like grading exams, he says he loves 

the interaction with law students. “They come with a sense of optimism,” 

he smiles. 

Kessler & Solomiany itself is a relatively young law firm, according 

to Woody, comprised of attorneys with diverse backgrounds. “This 

helps the client choose who they’re most comfortable with. Some 

clients want someone yelling at them and some seek more collegial 

mechanisms. We have a very hard-working culture here. We get 

feedback from other attorneys, but at the same time, both Randy 

and Marvin allow us to develop our own styles,” explains Woody. 

Woody has been with Kessler & Solomiany for nearly 10 years. 

“What interested me is that they represented high-profile and highwealth 

clients which allows you to use and utilize different resources 

to provide the best possible outcome for the client. That’s good for 

an attorney. We have different skill sets. Mediation and arbitration 

can replace litigation, which is attractive because clients can reach 

AT A GLANCE 

Thad Woody 

Partner 

Firm Name 

Kessler & Solomiany, LLC 

Centennial Tower 

101 Marietta Street, Suite 3500, Atlanta, GA 30303 

Phone 404.688.8810 

www.ksfamilylaw.com 

Email: twoody@ksfamilylaw.com 

Education 

• B.A., University of North Carolina at Chapel Hill, 1996 

-Senior Class President 

• J.D., University of North Carolina at Chapel Hill, 2001 

Clerkships 

Chief Justice Sarah E. Parker, North Carolina Supreme Court 

Admitted to Practice 

Georgia, North Carolina and the Tribal Court of the Eastern 

Band of Cherokee Indians 

Community/Civic Involvement 

• Adjunct Professor, Georgia State University College of Law 

• At-large Council Member, American Bar Association 

Family Law Section 

• Co-Chair, CLE Committee of the American Bar 

Association Family Law Section 

• Author, Family Law Advocate 

• Membership Committee, Atlanta Commerce Club 

Professional Awards 

• Super Lawyer by Atlanta Magazine 

• Rising Star by Atlanta Magazine 

• Legal Elite by Georgia Trend Magazine 

• 10 of 10 ranking on AVVO 

their endings on their own versus with a court. Not everyone can 

afford that.” 

It was litigation, however, that drew him to law, he admits. “We all 

enjoy going to court, but I do not think litigation is ever good for a 

client, especially in a family law context. Of course, in some instances 

we must go to court because the other side is obstinate, but most of 

the time it’s emotion and people trying to be right and that doesn’t 

get settled in court.” 

“I see high-profile women and men executives who you would 

think would never shed a tear, cry. I see stay-at-home parents who are 

meek and who have taken emotional abuse and their anger outshines 

any other anger,” reflects Woody. “Humans are complicated animals 

and relationships compound that complication. In the end, each client 

just wants to be loved. And if they’ve been betrayed, they’ve lost 

a sense of trust. I hope I establish a sense of trust, but given that they 

might have been married 20 or 30 years, their trust is shaken.” 

Even before Woody started practicing family law at Kessler & Solomiany, 

when he worked for a large Atlanta law firm with little client 

interaction, he says “friends and family came to me with questions 

about law. In law school at the University of North Carolina School of 

Law, I wanted family law, but where I grew up, people didn’t think it 

was specialized enough to make a living.” 

Woody grew up in the sleepy rural Great Smoky Mountains of 

North Carolina. Both parents were educators, with his mother working 

at the Department of Public Instruction and his father a high 

school civics teacher. “It was important for them that I, as their only 

child, would have a good education. In general, the area was not well 

educated, but it had a lot of smart people.” 

Before jumping to the totally different world in Atlanta, Woody 

clerked for North Carolina Supreme Court Chief Justice Sarah Parker. 

“She had the biggest influence on me. She was the hardest worker 

and had a curiosity for the law and commitment to community. She 

was the only female member of the court then, and we were by far the 

hardest working chamber. The lights went on first in our chamber in 

the morning and the last to be turned off at night. We would never be 

accused of not being hard working.” 

Although Parker retired at the mandatory age of 72 after being on 

the high bench for 21 years, Woody still stays in touch with her. “We 

meet yearly for a hike in the Smokies. She loves that part of the world 

and I enjoy sharing it with her and other friends because it offers so 

many great hikes and beautiful views and I know it well because I was 

raised there and still have family there.” 

Woody’s world has changed dramatically since his early days in 

North Carolina, and now he sees dramatic changes coming in the 

practice of family law. “Because of the June 2015 U.S. Supreme Court 

ruling in Overgefell v. Hodges, allowing same sex marriages throughout 

the country, attorneys in family law must be more accessible to 

LGBT clients. We now see clients who have been together for a long 

time and have accumulated many possessions, so they need pre-nup 

agreements before marriage. In general, we see more pre-nups now 

because people are waiting until later in life for marriage; they have 

separate assets. Also, clients have friends whose parents were divorced 

and they don’t want to go through that themselves.” 

Another change Woody sees coming in family law is a huge surge 

toward arbitration and mediation. In any case, “Whether our clients 

are red-carpet regulars or full-time parents, they get the same type of 

high-end representation,” he states. 


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ATTORNEYS 

TO WATCH 

MAGAZINE 

IN 2017 

SERIES 

L-R Nicholas Smith, Andrew Beal, Ed Buckley, Rachel Berlin, Brian J. Sutherland 

BUCKLEY BEAL, LLP 

The Go to Plaintiff’s Law Firm 


Prominent on Edward D. Buckley’s office wall, along with his 

Emory University School of Law diploma, is a photograph 

of Robert F. Kennedy, a sketch of Albert Einstein and a small 

drawing of the late John Sirica, Chief Judge for the United 

States District Court in the District of Columbia who presided over 

the Watergate trial. The drawing was sketched by John Ehrlichman in 

his Watergate trial notebook. The former adviser to President Richard 

Nixon subsequently went to prison for conspiracy, obstruction of 

justice and perjury. 

Not everyone knows that Ehrlichman moved to Atlanta after he 

was released from prison. Years later, he was working for a company 

in a non-lawyer position. He hired Buckley to represent him in an age 

discrimination case after he was fired. The case was settled outside 

the court. Ehrlichman was happy with the result and gifted the sketch 

to Buckley. 

As far as Buckley - now managing partner at Buckley Beal - is concerned, 

Ehrlichman was just one of the many interesting clients he has 

represented over his years as an attorney specializing in employment 

and civil rights law. “I’ve represented a number of news personalities, 

war correspondents, as well as a lot of executives about contracts 

and separations. I am never, ever bored,” says the Atlanta native who 

has been ranked as one of “America’s leading labor & employment 

lawyers” by Chambers and Partners, as a “SuperLawyer” by Atlanta 

Magazine and as a member of Georgia’s “Legal Elite” for several years 

by Georgia Trend Magazine. 

Buckley attributes his choice of careers to being “good at reading, 

writing and running my mouth – all things lawyers need,” he laughs. 



But he says he fell into employment law six years into his practice, after 

he faced off against a highly skilled plaintiff ’s attorney who later became 

a U.S. District Court Judge. After their case was settled, the lawyer 

referred plaintiff cases to him, which he found that he preferred. 

“I like representing individuals and helping them vindicate their 

rights. It’s more interesting than representing companies. I like representing 

the underdog, people who feel voiceless. Companies generally 

have a voice,” he explains. “I have represented steelworkers, hotel 

laundry workers, dock workers. We run the gamut. One time, I represented 

a restaurant worker and after I helped him, I thought this 

guy was going to wring my hand off at my shoulder. Most people I 

represent aren’t famous celebrities.” 

Currently, he’s representing an assistant principal in a religious 

discrimination case against a Cobb County School district and 

Asian-American, Latino, and Black voters in Gwinnett County in a 

voting rights case. “I have a low threshold for fun. I have fun at work. 

I work with interesting, smart people.” 

One of those people is Andrew Beal, with whom he has been 

friends since either the third or fourth grade, depending on which 

one you ask. Their firms merged in July 2015, with Beal bringing his 

business litigation practice to the firm. “It’s good to be friends with 

your law partner,” says Buckley. Beal represents business owners and 

shareholders in a myriad of business situations, including breach 

of contract, buying and selling of businesses, contract disputes and 

mergers and acquisitions. Recently, the firm launched its mediation 

practice under the leadership of partner Nicholas P. Smith. Buckley 

says that the firm may add other areas of practice in the future. “But

we won’t become a mega-firm. I know everyone’s name here and I want it to 

stay that way.” 

Indeed, he peppers his conversations about his law practice, and his life, 

with the names of his junior partners, associates and staff. He explains that 

when he is hiring for his firm, he looks at “whether this person is someone 

I’d like to spend a lot of time with, someone who could potentially become a 

partner. They have to be good writers and I ask whether they are a person I 

can see carrying a case to court, and do I feel they have the moral principles 

I want our firm to reflect. Can I trust their word?” 

Notably, when asked what characteristic is most important for an attorney 

to possess, he responds, simply, “Credibility. It’s very important for a lawyer 

to be truthful. You have to be credible with the courts and opposing counsel. 

If your reputation is for shading the truth, then people won’t believe you. 

Judges know which lawyers they can trust.” 

It’s also essential for attorneys to contribute to their communities, Buckley 

stresses. “You need to give back if you are going to be a lawyer. You will be 

working in a community and should be doing things for free sometimes. Not 

everyone can afford an attorney.” He suggests that attorneys find their “pro 

bono sweet spot” that will excite them. “The worse thing is to be a slave to 

billable hours. Then you just become a bean counter.” 

Buckley discovered the “sweet spot” that whetted his appetite is water. 

Winner of the IEEE Gold Humanitarian and Pace Award in 2009, named 

as an Ambassador for the Poor by nonprofit Food for the Poor in 2014 and 

winner of the 11 Alive Community Service Award in 2015, Buckley is the 

founder of the non-profit water charity, Water Life Hope, which helps people 

in the Caribbean gain access to clean drinking water. Combining fundraising 

and his own money, he has helped raise more than $1 million to build 

more than 330 wells and provide more than one-half million people with 

drinking water. “We’re trying to install water systems so kids can grow up 

healthy,” he says. 

“I started in Jamaica and Honduras, but then I talked to relief workers and 

asked, what is the most economically disadvantaged country in this hemisphere. 

Haiti has a combination of bad climate, harsh geography and bad 

politics. I believe that water is a cornerstone human right,” explains Buckley. 

The charity has a low overhead both because it works with an existing NGO 

(non-governmental organization) and because it operates out of his law firm. 

Many of his colleagues travel to Haiti and work with him there. 

Fighting for the underdog comes naturally to Buckley. “My parents were 

involved in the labor movement,” he says. “My dad, Ferdinand Buckley, frequently 

worked as a civil rights attorney. He once resigned from an attorneys’ 

organization because they didn’t allow membership to Maynard Jackson 

(who later became Atlanta mayor) and William Alexander (later civil rights 

attorney, judge and Georgia legislator). Our dinner table was a platform for 

political conversations. I rode with my dad and passed out flyers in support 

of Andy Young for Congress. When I was run off of porches, he told me to 

just go out and distribute more flyers. My mother was also involved in human 

rights and when my parents were well into their seventies, they were arrested 

for marching against the School of the Americas in Columbus, Georgia.” 

Others who inspired Buckley along the way were English and political science 

high school teachers who insisted he learn how to write. An English-literature 

graduate, Buckley is a voracious reader. “I read until I can’t keep my 

eyes open.” He also just finished writing a novel. 

Buckley cites attorney John David Jones as another important mentor in 

his life. “He was the opposite of me politically, but he was a great story-teller. 

He would talk to juries as if he were their grandfather. I feel like I’m a product 

of some wonderful people, many of who are around me now,” adds Buckley, 

who obviously still learns from and thrives from people surrounding him. 

“We’re all a work in progress.” Introspectively, he adds: “I’m late everywhere 

I go because I enjoy wherever I am!” 

AT A GLANCE 

Founding Partner, Buckley Beal, LLP 

Promenade, Suite 900, 1230 Peachtree Street NE 

Atlanta, GA 30309 

Phone: (404) 781-1100 

www.buckleybeal.com 

Firm Composition 

• Senior/Managing Partners: Ed Buckley 

and Andrew Beal 

• Junior Partners: Brian Sutherland, Nicholas Smith 

and Rachel Berlin 

• Associates: Thomas J. Mew IV, T. Brian Green, 

Pamela Palmer, Amy Cheng, Isaac Raisner 

• Of Counsel: Michael Kramer 

• Staff: Fatisha Martinez, Glenda Puckett, Greg Lash, 

Jemetria Dudley, Karen Lucarelli, Linda Larson, 

Michael Glosup, Pam Rymin, Saida Latigue and 

Steve Henricksen 

Practice Areas: 

Employment and Business Law 

Community/Civic Involvement: 

For the last twelve years, Ed has been involved in raising 

funds and coordinating projects with NGOs to put 

potable water systems in place in various locations 

in the Caribbean including Haiti, Jamaica, Honduras 

and Nicaragua. To date, he has raised over $1,000,000, 

including, in part, fees he has earned in employment and 

civil rights cases. His non-profit, Water-Life-Hope, Inc., 

has built water systems that serve over 450,000 people. 

Presently, many of those systems are serving people 

displaced by the earthquake and hurricane in Haiti. 

Pro-Bono Activities: 

Approx. 2-3 pro-bono cases/year 

Professional Affliations and Honors 

• IEEE Gold Humanitarian and Pace Award (2009) 

• Atlanta Bar Association Professionalism Award (2009) 

• Martindale-Hubbell Peer Review Rating 

of “AV” Preeminent 

• 11 Alive Community Service Award (2015) 

• Food for the Poor: Ambassador for the Poor 

Award (2014) 

• Georgia Super Lawyer (2005 through 2017) 

• Leadership Atlanta Class of 2013 

Professional Memberships 

• State Bar of Georgia (Labor and Employment Section) 

• Atlanta Bar Association (Labor and Employment 

Section; Past Chair, Secretary, Treasurer) 

• Georgia Affiliate of the National Employment Lawyers 

Association (Past Chair, Secretary, Treasurer) 

• National Employment Lawyers Association 

• American Bar Association (Labor and Employment 

Section) 

• Federal Bar Association 

(Labor and Employment Section) 

• Fellow of the College of Labor and 

Employment Lawyers 

• Georgia Trial Lawyers Association 


INTERVIEW WITH 

Judge Michael J. Newman 

sues that impact the practice of federal lawyers and the courts; 

provides opportunities for scholarship and education to the profession; 

delivers opportunities for judges and attorneys to professionally 

and socially interact; and promotes high standards of 

professional competence and ethical conduct. The mission of the 

federal bar association includes serving not just the interests of 

federal judiciary and the federal practitioner, but also the interests 

of the community that they serve. 

What is your legal background? 

Since 2011, I’ve been a Federal Judge in Dayton, Ohio, where I sit 

in the U.S. District Court for the Southern District of Ohio. I graduated 

with honors from American University’s Washington College of 

Law in 1989, after which I was a law clerk to a U.S. Magistrate Judge 

and a Sixth Circuit Court of Appeals Judge. Prior to my appointment 

to the bench, I was partner at Dinsmore & Shohl, a large firm in Cincinnati, 

where I started a pro bono program and was honored as a 

Best Lawyer in America in labor and employment law. My full bio is 

located at http://www.ohsd.uscourts.gov/BioNewman. 

Tell us about the Federal Bar Association? 

The Association consists of more than 19,000 federal lawyers, including 

1,500 federal judges, who work together to promote the sound 

administration of justice, quality, and independence of the judiciary. 

Through its multifaceted programs, the FBA advocates on federal is- 

Tell us about the National Community Outreach Project? 

It’s very important work. This is the second year the FBA is 

undertaking this effort. The Federal Bar Association’s mission 

statement includes a commitment to the communities in which 

their members serve. This year, FBA chapters in more than 25 

districts throughout the country are devoting the month of 

April to doing good work in their communities. We are fortunate 

to have the support and funding of the Foundation of the 

Federal Bar Association to allow these programs to reach communities 

in their districts. 

The FBA has an outreach program called the National Civics 

Initiative and Resources for Civics Education in an effort to promote 

learning about civic matters, what can you tell us about this? 

This program provides FBA members with quality educational 

material to take into any middle or high school classroom in 

the United States to educate students on civic matters. The FBA’s 

Civics Initiative also seeks to increase the knowledge of civics 

and the judicial system in middle and high-school students 

and other communities by bringing them into the courthouses, 

meeting with lawyers, observing court proceedings, and talking 

directly to federal judges. The goal is to encourage nationwide 

participation. With material ranging in content from “Pathways 

to the Bench” to the “Bill of Rights,” students are inspired 

to learn more about the American judicial system. 

What was the goal of the Civics Essay Contest and The 

Nomination of Teachers for Excellence in Civics Education? 

This year’s essay contest posed the question: “What Does an 

Impartial Judicial System Mean to Me?” This essay is an opportunity 

for the young people of this nation to voice their opinions on 

the judicial system in a constructive and rewarding way. 

What are the winners of the essay contest awarded? 

The middle school category awarded $1,000, $500, and 

$250 for first, second, and third place respectively. The prizes 

are doubled for high school winners, with first place receiving 

$2,000, second place receiving $1,000, and third place receiving 

$500. Writers of the first place submissions in each category 

were rewarded with a trip to Washington, D.C. accompanied 


y one parent/guardian, with the organization 

providing funds for travel. This 

trip coincided with the Federal Bar Association’s 

Midyear Meeting on Saturday, 

March 18, 2017. 

Why is Civics Education important? 

In these times when communities, especially 

youth, have lost confidence in 

our judicial system, the FBA’s outreach 

programming seeks to instill confidence 

in the judicial system in middle and highschool 

students and other communities by 

bringing them into the courthouses, meeting 

with lawyers, observing court proceedings, 

and talking directly to federal judges. 

What made you focus on this topic? 

Is there a personal connection? 

Several years ago, I was personally asked 

by Jim Duff, the Director of the Administrative 

Office of the U.S. Courts, if I would 

consider working on a national civics initiative 

during my tenure as FBA president. 

I thought it was an honor to be so asked 

by the Director of the A.O., and I believed 

that the FBA was the right organization to 

take on this effort to a national audience 

of lawyers and students. Frankly, we have 

succeeded beyond everyone’s imagination 

– we now have thousands of children who 

will have a better understanding of civics, 

and a better understanding of our Federal 

Courts, as a direct result of this nationwide 

civics program. It is a great privilege to 

lead this program as a Federal Judge. 

Where can elementary students, high 

school students, educators and attorneys 

and judges across the country find 

information on how to get involved in the 

FBA outreach programs? 

Educational materials are available on the 

Federal Bar Association’s website. Lawyers 

and judges can access lesson plans for audiences 

ranging in presentation time from 

fifteen minutes to three hours. For more information, 

visit www.fedbar.org/civics. 

Tell us about the FBA’s Annual Meeting 

and Convention that will take place in 

Atlanta in September? 

The Federal Bar Association is coming to 

Atlanta on September 14-16! Besides our 

association’s Annual Meeting and other 

business meetings, the Convention features 

more than 20 continuing legal education 

sessions on a wide variety of topics—something 

for everyone. There are two networking 

receptions hosted by the FBA Atlanta 

Chapter: one at the Atlanta History Center; 

and one at the National Center for Civil and 

Human Rights. To cap off the week’s events, 

the Presidential Installation Banquet will 

see Kip Bollin of Thompson Hine inducted 

as the 2017-2018 FBA National President. 

We encourage all attorneys and judges to 

join us for some or all of these events; more 

information is available at www.fedbar.org/ 

FBACon17. 

Inaugural FBA Civics Essay Contest winners recognized at the FBA Midyear Meeting: (Left to right) Randolph Scott, 

High School Essay Winner Isabelle Scott, FBA President Hon. Michael J. Newman, FBA Executive Director Stacy King, 

Luncheon Keynote Speaker Jeffrey Rosen of the National Constitution Center, Middle School Essay Winner Alexander 

Ashman, Jon Ashman, and FBA Government Relations Counsel Bruce Moyer. 


E-Discovery 

5 Steps to Reducing E-Discovery Costs: 

1. Treat E-Discovery as a Business Process 

Like other areas of the organization, treat e-discovery as a 

standard business process and ensure all activities are carefully 

measured, centrally managed and consistently optimized. 

2. Integrate Your E-Discovery Software 

and Enterprise Systems 

Ensure that your e-discovery technology can communicate 

with your other enterprise systems, such as HR, asset management 

and matter management technologies, which eliminates 

manual data migration and ensures that everyone has access 

to the most up to date information. 

3. Consistent, Automated Legal Hold System 

Develop a true legal hold system that preserves the right 

data and enables you to prove it to a judge in the event that 

the hold process is challenged down the road. 

4. Proactively Limit the Amount of Data that is Preserved, 

Collected, Processed and Ultimately Reviewed 

Develop processes and invest in technologies that target 

only relevant information at the outset of a matter to 

substantially reduce preservation, collection, processing and 

review costs. 

5. Make the Review Process “Intelligent” 

Leverage emerging technologies and expertise to streamline 

the review process and reduce your dependence on traditional, 

document by document human review. 

5 Steps to Transforming E-Discovery 

into a Business Process: 

1. Define Roles 

Formally define roles and responsibilities and build them 

into the e-discovery workflow as to what will be delivered, 

how, when and by whom to prevent mistaken assumptions 

that are ultimately proven wrong and cause project delays or 

failures. 

2. Review Current State/Gap Analysis 

In order to think more strategically about how to address 

each e-discovery phase, review the current state of the legal 

process and technologies being used to determine your organization’s 

maturity level. 


3. Develop a Remediation Plan 

Once the improvements have been identified, develop a remediation 

plan that incorporates how to put them into eff ect 

and be sure to include the necessary approvals from executive 

sponsors. 

4. Develop E-Discovery Guidelines 

Create a set of business guidelines that describe step-bystep 

the actions taken and roles and responsibilities of all 

stakeholders — legal, IT, records management — that detail 

how your organization treats e-discovery. 

5. Execute the Plan 

The final step is to execute the plan for new projects and 

then begin measuring and improving the quality of project 

outcomes. Start with a test drive, such as a legal hold, and 

then adjust the process and roll out to other phases of the 

process. 

4 Steps to Successfully Integrating Technologies: 

1. Analysis 

The integration process starts with understanding the true 

information flows in your organization and the nature of 

various data sources with respect to their governance and 

discovery requirements. This will ensure that the scope of the 

project is clearly defined and that the right technologies are 

being accounted for. 

2. Design 

An integrated system is not built in a day. During the design 

process, you must take the time to define requirements, 

establish roles and responsibilities, identify risks and set goals 

that can be assessed at the conclusion of the project. 

3. Implementation 

The implementation phase entails executing on the design 

plan, while recognizing that adjustments to the project will oft 

en need to be made to account for unforeseen obstacles. 

4. Testing 

The final step is thorough testing to ensure that the integration 

is producing required results. Assume that if it hasn’t 

been tested it doesn’t work and don’t wait for a big case to 

discover an issue that could undermine the defensibility of 

your e-discovery process.

Creating a “Reasonable” E-Discovery Process: 

1. Standardize and Automate the Legal Hold Process 

The notice should be easy to understand and include clear, 

unambiguous instructions. Beyond the initial notification, 

reminder notices should be sent as well on an automated 

schedule to ensure custodians remain educated about their 

obligations and have opportunities to ask questions. 

2. Track Custodians 

Define processes for tracking custodian acknowledgments 

of legal holds and triggers for sending repeat notifications to 

non-responsive custodians. You also must account for employee 

status changes, such as departures or extended leaves of absence. 

3. Collect Highly Relevant Data 

Depending on the nature of the matter, consider immediately 

collecting highly relevant data from key custodians. 

Another important consideration is accounting for those data 

sources, such as structured databases, that may hold valuable 

ESI but that can’t necessarily be tracked back to an 

individual custodian. 

4. Document Everything 

A reasonable process is punctuated by very clear 

and detailed documentation of all steps taken, along 

with the reasoning behind key decisions, such as 

whether or not data was collected from a key custodian 

and why. 

4 Key Steps to Developing 

an Information Governance Program: 

1. Audit and Assess the Degree of Risk in Your Data 

Environment 

The assessment must focus on the level of risk 

present across various data repositories. The goal 

here is to identify those data sources that contain the 

highest levels of legal exposure and make sure they 

are a primary focus of subsequent IG policies and 

processes. 

2. Prioritize Initial IG Activities 

The data environment assessment should drive the 

prioritization of initial IG activities. Every organization 

has its own unique set of challenges, and the prioritization 

of IG activities should be reflective of the specific 

data environment. IG plans aren’t created overnight, so it’s critical 

to address the most pressing issues first. 

3. Create Policies and Processes to Address Retention, 

Access, Use and Storage of Data 

A sound IG strategy includes clearly defined policies 

regarding who has access to certain types of data, where that 

data is stored and how long it is kept. The IG plan will be 

inherently weak if it doesn’t involve cross-functional input 

from all key stakeholders, including representatives of key 

business units. 

4. Apply Technology 

One way you can align your IG and e-discovery processes 

is by integrating certain technologies, such as your HR and 

legal hold systems. Data classification and categorization 

tools can also be utilized to deliver intelligence about individual 

data repositories by extracting key information and 

content patterns. 

Submit free content for 

next issue, Movers & Shakers 

• New Hires 

• Promotions 

• Honors and Awards 

• Board Appointments 

• Association Elections 

• New Office Location 

• Mergers & Acquisitions 

• Speaking Engagements. 

Contact: Bill McGill 

404-229-0780 

mcgill@AtlantaAttorneyMagazine.com 



Food for Thought 

“EXPLANATION” 

By Lee LeFever 

What Is an Explanation? 

For most of my life, I never considered 

the definition of the word 

‘‘explanation’’—and I doubt I am 

alone in this. We all explain things 

so often, why would we need to define 

something we do every day? The fact is, 

however, that most of us take explanation 

for granted. For many people, it’s 

just something that happens. Someone 

asks a question, we answer it in the form 

of an explanation. We do not often step 

back and think about what makes an 

explanation an explanation or how we 

could approach it differently. Our explanations 

happen without much planning 

or editing. It’s a little like dancing. 

Your grace on the dance floor may mean 

that you take dancing for granted: it just 

happens when there is a rhythm. But 

even the best dancer can only get so far 

without defining specific dances, such as 

what makes the samba the samba and the 

waltz the waltz. These definitions create 

a standard form and shape that can be 

honed and refined. Only by defining the 

standards of the dance can we hope to 

improve it. 

We’ll begin to define explanation below 

by first looking at what is NOT an explanation. 

This will allow us to see it not as a 

Lee LeFever is the founder and chief explainer of 

Common Craft, LLC, a company known around the 

world for making ideas easier to understand via video 

explanations. Visit: leelefever.com 


simple shake of the hips, but as a dance that 

has a deliberate form, intent, and emotion. 

What Is Not An Explanation 

The following is a list of the various ways 

we can relate ideas and information. Although 

we will define explanation a bit later, 

it is useful to think about what is not an 

explanation. For instance, if explanation is 

the samba, these are some other dances: 

Description—A description is a direct 

account of an action, person, event, and so 

on in which the intent is to help someone 

imagine something through words. For 

example, if I describe my coffee mug, my 

intent is to provide details that help you 

picture it. A description may relate that a 

mug is white, four inches tall, has a single 

curved handle, and is made of ceramic. 

Definition—A definition is a description 

of the precise and literal meaning of 

something. A definition is meant to make 

clear exactly what something means. If I 

define a word, I am providing statements 

that help you see the exact meaning of the 

word. I might define coffee as a beverage 

that is made from roasted and ground 

seeds of the coffee plant. 

Instruction—An instruction is a direction 

or order to do something. The intent 

of instruction is to make clear what is expected 

and how to proceed. If I give you 

instructions on how to make coffee, I am 

laying out the exact process or sequence 

of events that are required to achieve the 

desired outcome. Instructions may be related 

in short sentences such as: Insert filter 

into coffee maker. Pour ground coffee 

into filter. Pour water into coffee maker 

reservoir. Press start. 

Elaboration—An elaboration is a presentation 

of information with detail, with 

the intent to provide a comprehensive 

and rigorous look at a concept, idea, theory, 

and so on. If I elaborate on the core 

concepts of coffee production, I will try 

to cover every detail. If I elaborate on 

the farming of coffee, I may describe the 

specific content of the soil in which it is 

grown, how to test the soil, and what levels 

of nitrogen will produce the best product 

for a specific geographic region. 

Report—A report is a spoken or written 

account of an event and is intended to 

relay facts and details to others. If I visit 

coffee plantations in Colombia, I will 

report my experiences upon my return. 

This may appear in the form of a news 

story or magazine article and relate an account 

such as: ‘‘The moment I arrived at 

the plantation, I was offered a sample of 

their finest product, which I drank with 

joy. The company roasted the beans just a 

mile away, and you could smell the roasting 

beans in the air.’’ 

Illustration—An illustration is an example 

that serves to clarify an idea. The 

intent of an illustration is to help make an 

idea more real by providing an example. 

I might say that the size of the plantation 

is an illustration of the coffee company’s 

power in the region. 

Of course, this doesn’t mean 

that these communication forms 

have no role in explanation. 

Quite the opposite, in fact; they 

could all contribute to improved 

explanations. I list them simply 

to show that explanation is one 

of many communication forms, 

each with its own definition. 

Now we can look specifically at 

the definition of explanation. 

Defining Explanation 

Let us start with a formal definition. 

Explanation, according to 

Merriam-Webster, is ‘‘the act or 

process of explaining.’’ 

OK, so maybe that’s not very 

helpful. We obviously need to 

use a slightly different word. 

Here is the Merriam-Webster 

definition of explain as a verb: 

‘‘To make known; to make plain 

or understandable.’’ 

We can deduce from this 

that an explanation is an act or 

process that makes something 

known, plain, or understandable. 

That is pretty simple and 

straightforward. Personally, I am

We do not often step back and think about what makes an 

explanation an explanation or how we could approach it differently. 

Our explanations happen without much planning or editing. 

fond of the current Wikipedia version 

(Wikipedia, 2012): An explanation is a set 

of statements constructed to describe a set 

of facts which clarifies the causes, context 

and consequences of those facts. 

To put it into the form 

we used above: 

Explanation—An explanation describes 

facts in a way that makes them understandable. 

The intent of an explanation 

is to increase understanding. If I explain 

coffee roasting, I am clarifying the facts 

and making the ideas more understandable. 

For example, an explanation may 

highlight the role of heat in giving coffee a 

distinctive color and flavor when roasted. 

As you can see, explanation is different 

from the other examples above, especially 

in intent. Explanations make facts more 

understandable. It seems to be that simple, 

but is it? As we’ll see below, there are 

a number of nuances and ideas that make 

explanations a particularly potent form of 

communication. 

Explanations Require Empathy 

Every once in a while, I encounter 

someone who is a natural explainer, 

whose approach to communication naturally 

jibes with many of the points illustrated 

here. These people seek out unique 

and helpful ways to explain ideas to others. 

Sometimes, the best are teachers and 

journalists who combine their natural 

communication style with a focus on the 

professional standards of their profession. 

When I meet one of these people, I look 

for common traits and ask: what do great 

explainers have in common? 

In a word, it is empathy. Great explainers 

have the ability to picture themselves in 

another person’s shoes and communicate 

from that perspective. A great example of 

this is offering driving directions. From my 

unscientific research, natural explainers 

are better than average at giving directions. 

Why? My guess is that they can account for 

the experience of approaching a location 

for the first time. They are able to block 

out what is already familiar to them and 

instead focus on what the driver is likely to 

see at each turn. 

And so it is with explanation. Creating 

a great explanation involves stepping 

out of your own shoes and into the audience’s. 

It is a process built on empathy, on 

being able to understand and share the 

feelings of another. Only by seeing the 

world through the windshield of a driver 

in a foreign land can we ever hope to help 

them feel at home. 


Mediation 

By Jennifer Grippa 

When a construction project 

goes awry, costs can 

quickly escalate given the 

number of stakeholders, 

insurance policies, and third-party claims 

involved. But most construction disputes 

can be resolved without the need 

for protracted litigation. With narrow 

profit margins, many construction companies 

do not have the appetite for costly 

and time-consuming litigation. Implementing 

these simple strategies for your 

next mediation will best position your 

client’s dispute for a successful settlement 

and you for one happy client. 

Early Mediation 

Mediating a dispute early, even before 

litigation ensues, can keep time-sensitive 

projects moving, restore working relationships 

needed to complete a project, 

and has a positive impact on a project’s 

Jennifer Grippa, Esq. 

Miles Mediation & Arbitration Services 

6 Concourse Parkway, Suite 1950 

Atlanta, GA 30328 

Tel: +1 678 320 9118 

Fax: +1 404 389-0831 

Email: jgrippa@milesmediation.com 


bottom line. In fact, there is little reason 

not to mediate before time, money, and 

energy is invested in a lawsuit. Mediation 

can be an opportunity to get more information 

about a dispute, size up the opposing 

party, and better assess the strengths 

and weaknesses of the case before embarking 

on a path to the courthouse. 

While a candid exchange of facts and 

records can be helpful, discovery does 

not need to be complete before the parties 

mediate. Information you learn during 

mediation might lead you to discover 

new witnesses or third parties that should 

be subpoenaed. Strategically, it may be 

better to mediate well before the close of 

discovery to allow sufficient time to complete 

discovery and adequately prepare 

for trial. 

Coverage Disputes 

Construction disputes often involve insurance 

claims and if there are coverage 

disputes at play, consider whether there 

is an advantage to resolving those before 

mediating. Having closure on coverage 

will impact settlement. If resolving coverage 

is not feasible, a coverage opinion can 

be a powerful tool in creating settlement 

leverage. Where there is no coverage, it 

can seriously impact the parties’ willingness 

to compromise and test their resolve 

for litigating the case. 

The Mediation Brief 

Do not underestimate the power of a 

persuasive mediation brief. This is a rare 

opportunity to communicate directly to 

the adjuster without the filter of your adversary. 

A bound, polished and professionally 

prepared package with a thorough 

analysis and supporting documents sends 

a message to the opposing counsel and insurance 

company that you are prepared, 

confident, professional, and will be powerful 

at trial. Anticipate your adversary’s 

points and address those as well. Send it 

one to two weeks in advance to give the 

adjuster time to analyze it. Your trial experience 

and track record will be considered 

in the analysis of whether to settle. 

A well-prepared and professional brief 

demonstrates your experience, professionalism, 

and confidence, and will create 

leverage for your client in getting the best 

settlement possible. 

Prepare your client 

Client readiness to settle is key. Talk 

with your client not just about the value 

of the case, but also your mediation strategy. 

Make sure the client understands 

some demands or offers may be extremely 

high/low and there will be times when 

positions need to be compromised. The 

more prepared your client is, the less 

likely they are to experience anger or discouragement 

with the process. 

Advise them what to expect from your 

adversary. Avoid surprises and make sure 

your client knows in advance what the 

opposing counsel will likely say. An antagonistic 

joint session does not bode well 

for an amicable resolution, but if your client 

is well prepared, their adverse reaction 

will be tempered. 

Create a plan in advance 

Where multiple defendants are involved, 

counsel should talk in advance 

and try to coordinate a plan. Discuss 

whether the defendants should negotiate

as a group or make a joint offer of settlement. 

See if an agreement can be reached 

beforehand on a contribution percentage. 

Should plaintiff make one demand to the 

entire defendant group and let the defendants 

divide it up? Using this strategy 

can at least advance the process and get 

the offers moving where there are several 

parties all disputing liability. 

Pre-Mediation Caucus 

Have a pre-mediation call or meeting 

with the mediator. While many litigators 

overlook this opportunity, it can be very 

effective in furthering the settlement process. 

There is no requirement that lawyers 

refrain from ex parte contact with the 

mediator. In fact, this type of discussion 

is often very useful in framing the issues, 

bringing the mediator up to speed, and 

informing the mediator of any personality 

dynamics that could be at play. Giving the 

mediator early insight can help determine 

the right structure for the mediation and 

possible options for settlement. Meeting 

in advance also gives interested parties the 

chance to be heard and reduces the amount 

of down time during the mediation. 

Settling Parts of Cases 

Separating the issues or separating 

claims against different defendants and 

resolving them one by one can be effective 

in multi-party situations, particularly 

where one or more defendants are motivated 

to settle and others are not. Settling 

part of the case impacts the remaining 

defendants and this tactic is sometimes 

used to create leverage to get the remaining 

parties to settle. 

Issues to Negotiate 

Construction disputes bring their own 

unique issues to be considered during 

negotiations. Aside from the payment of 

money and a release, parties should consider 

how to address: 

• The release of liens 

• Payments and corresponding 

lien waivers 

• Whether warranties will remain, and 

if so, how they will be handled 

• Handling indemnity claims 

• The impact on other litigation 

• Contingent liability for future bodily 

injury or property damage claims 

• The impact of a release on completed 

operations coverage 

• The impact on other business or 

projects between the parties 

• The transition following the 

termination of parties 

• The details of future work 

to be performed 

• Which policy, or to what types of 

coverage, will the loss be assigned? 

This could impact exhaustion and 

may be important if the policy re 

mains available for other claims. 

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customers or referral sources. As the content is not promotional, 

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Reasons Why 

Law Firms Need 

Custom Videos 

5on Their Website 

By Montina Portis 

Are you looking for a way to attract 

more clients? 

Do you want to build a thriving 

law firm? 

If so, keep reading as I outline five reasons 

why law firms need custom videos 

on their website. 

Why Use Custom Videos? 

As the old addage goes, “content is 

king”; video content is rapidly becoming 

king of all of it. 

One study recently conducted by eMarketer 

demonstrated that 2015 and 2016 

were the first years that adult internet 

users in the United States were spending 

more time watching online video than 

they spent looking at text content up on 

social media. 

Increased demand, as well as the reduced 

expenses of producing video, will 

mean that it isn’t only more critical than 

ever for your firm to utilize video in your 

Montina is the CEO of Creative Internet Authority, an 

award winning digital marketing company specializing 

in video production and promotion for lawyers and law 

firms. With a strong blend of education, technology, 

and marketing with her 15 years in the business world, 

Montina is focused on targeted and efficient results. 

Visit: creativeinternetauthority.com 


marketing strategy, it also is more affordable. 

Here are 5 reasons why law firms 

need custom videos on their website: 

1Key #1: Quickly Deliver Your Message 

You no longer need to pay high costs 

for television commercial spots. A digital 

video may be hosted in several places on 

the Internet which are accessible to anybody 

on the Internet, oftentimes for free. 

It will increase your Internet presence and 

additionally enable anyone worldwide to 

find out information about you during 

any time of the night or day – without being 

reliant upon paid programming. Now 

it’s possible to place the video messages 

where individuals already are hanging 

out on the Web – such as on YouTube, 

which now is the 2nd largest search engine 

worldwide with an average of three 

billion searches per month. 

2Key #2: Engage Your Website Visitors 

By now all of us expect to view video 

content. It is every place we travel from 

the shopping mall to the gas station. 

We’ve been conditioned to stop and pay 

attention. Video will inform through 

both hearing and seeing, and increase 

the odds that we’ll retain messages. Statistically, 

individuals also are more likely 

to hear the whole message when it is 

presented as a video than presented in 

additional formats. 

3Key #3: Drive Traffic to Your Website 

Adding correctly optimized video to a 

site may boost your odds of being on the 

first page of a Google by as much as 53 

times, according to Comscore. Video will 

increase the quantity of time individuals 

spend on your site. Also, video makes users 

more likely to share all of your content 

through social media, which may assist in 

improving your site’s performance in the 

search engines. 

4Key #4: Strengthen the Bond with Your 

Visitors 

With video, it’s possible to rapidly develop 

emotional connections with possible 

clients. Video permits direct communication 

of your passion for the law, 

demonstrating your skill and knowledge 

level, and ensures that individuals watching 

your videos get a good sense of who 

you actually are. 

5Key #5: Stand Out from Your Competition 

Due to built-in video analytics, it is 

simple to track how effective a video is in 

helping to build your company, enabling 

you to make some real-time tweaks to the 

video content in order to make it more 

effective. It’s possible to track how much 

of your video typically is being viewed, 

where your video is being seen, and a lot 

more. Plus, multiple marketing studies 

demonstrate that video marketing will 

have a better conversion rate than additional 

content formats. 

Conclusion 

When it comes to lawyer video marketing, 

the results speak for themselves. 

Profiles with videos on Lawyers.com 

are viewed 174 percent more than those 

without a video, and increase the clickthrough 

rate to a firm’s website by 146 

percent. When it comes to choosing an 

attorney building trust is important and 

this can be done by introducing your firm 

online and providing educational content 

to put clients at ease before they walk 

through your door.

10 Ways an Attorney will Attack You on the Stand 

WHAT HR MANAGERS ARE TAUGHT. 

If you’re ever hauled into court to testify 

in a case against our organization, what 

you say,and how you say it, can sink our 

defense or make our arguments float. 

And don’t forget:More than your credibility 

as a manager may be on trial; you could 

be held personally liable for your actions, if 

the plaintiff is angry enough with you. 

The good news: Some basic training and 

monitoring can prepare you to ward off 

the slings and arrows of an enemy attorney. 

Here are 10 weak spots that opposing 

attorneys will exploit to discredit you. Use 

them as a checklist for preventing a credibility 

attack. 

1Being unfamiliar with our 

policies and procedures. A 

jury will view your lack of knowledge as 

uncaring and lax, at best: purposeful and 

negligent, at worst. After all, how can you 

enforce policies that you don’t even know 

yourself? 

Sloppy documentation. Most 

2 discrimination cases aren’t won with 

“smoking gun” evidence.They’re proven 

circumstantially, often through documents 

or statements made before the lawsuit 

is filed. You’re smart enough not to 

admit bias directly, but juries know that a 

lot of testimony is self-serving. That’s why 

documents, particularly email, can help 

the employee show discriminatory intent. 

Dishonest appraisals. Performance 

reviews are one of our most 

3 

important forms of documentation, yet 

managers often inflate the ratings. When 

you later try to blame poor performance 

for an adverse employment action, those 

dishonest appraisals open up a land mine 

of credibility concerns. 

Inconsistent statements. When 

4 responding to charges filed with the 

EEOC or state agencies, you often have to 

submit position statements or execute affidavits. 

You can bet the employee’s attorney 

will review those statements, particularly 

affidavits, and introduce them at trial, 

especially if your story has changed. Keep it 

consistent. 

Not taking complaints seriously. 

Turning a blind eye to any 

5 

complaints of unfairness or perceived 

illegal actions will kill our credibility and 

yours. Comments like “I’m not a babysitter” 

or “Boys will be boys” will jeopardize 

everything. 

Poor interviewing techniques. 

6 It may be easy to answer the question, 

“Why did you hire the person you did?” 

But managers often run into trouble 

when they have to answer, “Why did you 

reject certain other candidates?” That’s 

because rejection decisions typically 

aren’t well documented, and you may not 

recall the reasons later on. This “selective 

amnesia” will come off as a cover-up for 

discrimination. 

Changing rationales over 

7 time. Whenever a plaintiff can show 

that our reasons for making an adverse 

employment decision change midstream, 

our credibility is shot. Smart attorneys will 

argue, successfully, that our “reasons” are 

just pretext for discrimination. 

Lack of knowledge as a 

8 well-rounded leader. Would you 

trust a brain surgeon who didn’t stay updated 

on recent developments in the field? 

Well, juries will expect, and the plaintiff ’s 

lawyer will encourage them to expect, that 

you’re staying abreast of developments in 

employment law. 

Overdocumenting. You hear 

9 the mantra, “document, document, 

document.” But you can overdocument, 

especially when it all occurs right before 

a firing. 

Failing to work with an 

10 employee before firing. 

Remember, termination is the “capital 

punishment” of the employment world. 

Juries are likely to sympathize with employees 

who have lost their livelihood and 

self-esteem. A manager who fires without 

first trying to improve performance will 

appear insensitive and mean-spirited. 

Conversely, the manager who really tries 

to improve things before taking drastic 

action will stand a much better chance of 

winning in court. 


Scene @ the RMN event 

On Thursday, March 23, 2017, the Korean-American Bar 

Association of Georgia (KABA-GA) gathered some of 

the most recognized partners and counsel in BigLaw 

Atlanta to share their insights on building, retaining, 

and growing a Book of Business--critical skills for all attorneys to 

learn and master. With over 75 attorneys and law students in attendance, 

the event was hosted at The RMN Agency. The roundtable 

discussion featured: 

- Ted Blum, Managing Shareholder of Greenberg Traurig Atlanta 

- June Lee, Partner, Nelson Mullins Riley & Scarborough LLP 

- Kiyo Kojima, Partner, Barnes & Thornburg 

- Marcus LeBeouf, Counsel, Seyfarth Shaw 

- Moderated by Raj Nichani, President of The RMN Agency 

Co-sponsorship was generously provided by the Georgia Asian Pacific 

American Bar Association (GAPABA) and Envision Discovery 

From L - R: Jeffrey Kim (Morgan Stanley), Marcus LeBeouf 

(Seyfarth Shaw), Joe Perdue (Morgan Stanley), and Chad 

Smith (Morgan Stanley) 

L - R: Fei Drouyor (GSU Law Student), Sydney Hu 

(Ellarbee Thompson), Jason Kang (JK Law) 

From L - R: Kyubin Han (Emory Law student) and June Lee 

(Nelson Mullins) 


The panelists having fun

The crowd 

From L - R: Raj Nichani (President, The RMN Agency), Marcus LeBeouf 

(Counsel, Seyfarth Shaw), Ted Blum (Managing Shareholder for Atlanta, 

Greenberg Traurig), June Lee (Partner, Nelson Mullins Riley & Scarborough), 

and Kiyo Kojima (Partner, Barnes & Thornburg) 

From L - R: Paul Nam (Pratt Industries), Baylie Fry (Owen 

Gleaton), Ted Blum (Greenberg Traurig), Sarah Pons (Envision 

Discovery), Britt Willingham (Envision Discovery) 

The RMN Agency Team. From L - R: Ashley Barnett, Waqar Khawaja, 

Raj Nichani, Bonnie Youn, Teylor Newsome, Sara Hamilton 

From L - R: Jake Evans (Thompson Hine), Gautam Reddy (Kilpatrick 

Townsend Stockton), Trent Lindsay (Barnes & Thornburg), Joey Fong 

(UGA Law Student), Paul Nam (Pratt Industries), & Wellington Tzou 

(WebMD) 


Legal Recruiting 

The Art of Building a Book of Business 

By Raj M. Nichani 

This past March, we (the RMN Agency) 

hosted an event called “The Art 

of Building a Book of Business.” Since 

then, we’ve had a lot of pleasant follow up 

discussions with attorneys, legal employers, 

and law students. 

I summarized a lot of the great points 

from the discussion from that evening and 

subsequent discussions into two posts. Here 

are the first four tips to building a great book 

of business: 

Get out there and form relationships. 

It’s great if you have “some book” or starting 

point already—but many new lawyers don’t. 

The takeaway is that you have to start somewhere, 

which means you need to step out of 

your comfort zone to get out and meet people. 

There is no single way of doing this, but it 

is important to have a level of self awareness 

For new layers, you cannot rely only on 

the people you are meeting through work. 

Make an effort to meet people outside of 

work (events where attorneys are likely to 

be present AND events where you stand out 

because you are an attorney). This can be 

fun: food fairs, charity events, etc. 

Everyone you meet is a potential client. 

Realize that every single person you ever 

meet is someone who is in or will be in a 

position to be your client. Everyone, from 

Raj M. Nichani, Esq. is the president of The RMN 

Agency, a full-service legal search and staffing 

company specializing in the permanent and temporary 

placements of legal attorneys and professional staff 

with law firms and corporate legal departments. Raj 

and his team are dedicated to placing the highest 

quality candidates based on their own unique needs. 

The legal recruiting company was recently ranked the 

best legal staffing firm of 2016 by The Daily Report. 

You can reach Raj at (678) 426-3180, or by email at 

raj@thermnagency.com or by visiting the website at 

thermnagency.com for updated job postings and further 

information on the recruiting process. 


the janitor you walk pass in the hall, the insurance 

salesman you spoke with over the 

phone. Really? 

Yes! 

What if the janitor’s son was a law school 

graduate and is sitting on the bench of a district 

court? The insurance salesman might 

be the son of the CEO and best friend of an 

up and coming startup. Never underestimate 

the people you meet. 

Invest time in mastering your craft/industry. 

The more interested you are in your work, 

the better you are likely to do at this work. 

Certainly, you want to learn everything you 

can about your clients and potential clients 

to serve them better. 

For law students, this means taking the 

time now to learn as much as you can about 

the different areas of law and industry. For 

new attorneys, it means seeking out mentors 

and experts to grow as a professional. Develop 

a mindset where you will do your best to 

listen and understand what other peoples’ 

problems are, and then practice the ability to 

communicate how you can help solve their 

problems. You can also practice listening to 

others speak at length to help. 

Learn to tactfully talk about your work and 

achievements. 

I have written about talking about your 

achievements before—and if you want to develop 

a great book of business. There is a lot 

of personal branding that I recommend you 

to do—but at the end of the day, someone 

thinking about hiring you needs to see you 

as an expert and believe you are very good 

at what you do! 

What I am trying to get at here is that you 

need to dive deeper than just writing articles 

and speaking at events. 

To master the art of building a book of 

business, lawyers must: 

Set great examples. 

Not set a good example—but set GREAT 

examples! You cannot just listen and talk— 

you must walk the walk so that your body 

of work and achievements inspire others 

to want to be represented by you. It is important 

that others believe that you are an 

attorney who could effectively represent 

them and would always look out for their 

best interest. 

Attorneys get a bad rap for being “professional 

liars” and the general population 

certainly enjoys joking about attorneys in 

that manner—but when it comes down 

to hiring an attorney when they need one 

(whether an individual or an entity), no one 

wants to hire an attorney who seems the 

least bit dishonest. 

This also means examining your interactions 

with clients, colleagues, and other 

attorneys. Remember that you don’t want 

any perception that you are too wild or out 

of control. Clients (and referring attorneys) 

want to know you will do the best work possible 

and make clear decisions, and know 

that you will handle yourself and their matters 

properly. 

Act and behave at all times as you would 

want your attorney to act and behave. 

Specialize—or develop specialty. 

An attorney with a certain specialty is likely 

to get more work in that specialty when it 

becomes available. People will simply refer 

clients to you. 

This begins early when law students are 

asked whether they are thinking about being 

transactional attorneys or litigators. As 

a lawyer’s career develops, an attorney will 

start to specialize in representing certain 

types of clients and handling certain types of 

matters. Eventually, developing a specialty in 

representing supply-side lenders that work 

in big agriculture means that you occupy a 

niche and will generate some business simply 

through that occupation. 

In law—as with most service businesses—the 

specialist has the better chance of 

getting the business. Invest time in making 

yourself and your practice seem as specialized 

as possible. 

Study marketing. 

Learn about marketing in a way that suits 

you—whether that means reading articles 

or books or attending seminars. Every form 

of marketing can translate into getting legal 

clients. The effort you put into studying 

marketing is likely to pay far more than you 

put in. 

Don’t quit. 

The practice of law can be stressful. Develop 

a strategy to stay resilient and to be on 

the lookout for clients. Even if you face a setback, 

get back up. Relationships take years to 

develop and require experimentation. If one 

strategy does not work, try another.

Movers & Shakers 

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

➤ Ceasar Mitchell Statement: “Atlanta City 

Council President Ceasar Mitchell applauds the 

entrepreneurial spirit. 

Brian Poe, a phenomenal man, humble and positive 

visionary, has his priorities in order: God, family, 

work and friends. A man who took the advice of 

Ceasar Mitchell 

his parents, “Always say Thank You”, and built a legal 

and business conglomerate. 

Forward thinking businesses that have the ability to seize opportunities 

and dare to be innovative in a competitive world, are to be 

appreciated and admired. 

We salute Brian Poe, managing partner, Brian Poe and Associates, 

and his first class team for being industry leaders and demonstrating 

exemplary client-focused service. 

Brian, congratulations on being chosen as the cover story for the 

May 2017 edition of, Attorney at Law Magazine. We can’t think of 

anyone more deserving than you.” 

Key Members of Bankruptcy Team at Attorney At Law Magazine event 

Ryan Hood 

➤ Ryan Hood has joined Wellstar Health System 

as assistance general counsel from Arnall Golden 

Gregory, where he was a partner in the health 

care, government investigations and special matters 

practice, defending doctors, hospitals and nursing 

homes. Hood is aformer detective with Cobb County 

Police Department. 

➤ Baker Hostetler has hired patent practitioner 

Sean Holder as an associate from Ballard Spahr. 

He will focus on electrical, computer, mechanical 

and software inventions. 

Carla Hollins, RN BSN, Director of Business Development 

for AICA Ortho & Spine. 

Sydney Poe with Grandfather Dr. Booker Poe 

Sean Holder 

➤ The Georgia Association of Tax 

Officials has named Weissman partners 

Brad Hutchins and Allie Jett as 

its first general counsel. The group 

said it created the role to provide legal 

guidance on the impact of legislation 

Brad Hutchins 

Allie Jett 

and court decisions, property tax 

matters and other legal issues important to the group’s memebership, 

Hutchins and Jett will also advise GATO’s leadership team. 

Brian Poe and Curtis Martin 

John Ducat III 

Daniel Simon 

➤ DLA Piper has promoted John 

Ducat III and Daniel Simon to partner, 

out of 46 partner promotions 

firmwide. Ducat is in the firm’s real 

estate practice and Simon is in the restructuring 

practice. 

Left to right: Brian Poe, Esq., ANS Chairman, Joysha Fordham, ANS Manager, Tiffany Moore, ANS General Manager and 

Donald Craddock (event MC) 

➤ Georgia Trial Lawyers 

Association installed 

its executive 

committee and Mike 

Prieto of Prieto, Margliano, 

Holbert & Prieto 

Mike Prieto Laurie W. Speed Daniel B. Snipes 

as its new president, 

President-Elect & Legislative Co-Chair Laurie W. Speed, Shamp, 

Speed, Jordan, Woodward, Executive Vice President & Legislative 

Co-Chair and Daniel B. Snipes, Taulbee, Rushing, Snipes, Marsh & 

Hodgin, LLC. 


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