Alabama State Bar

As a lawyer who defends healthcare providers that continued to care for patients during the COVID-19 pandemic, I take a different view from my opposing counsel who published an article in the September edition of The Alabama Lawyer.[i] See David Wirtes, Jr., Joseph D. Steadman, Aaron N. Maples, & Joseph D. Wirtes, Are There Constitutional Issues with Alabama’s Gubernatorial and Legislative Responses to the COVID-19 Pandemic?, 83 Ala. Law. 311 (Sept. 2022) (the “September Article”).

ABAP is a statewide project created to help debtors who need a chapter 7 bankruptcy but can’t afford the attorney’s fees to file. All five volunteer lawyer programs in the state participate, enabling ABAP to serve each of Alabama’s 67 counties.

That dreaded word – “bankruptcy!” No other area of practice quite strikes fear into the minds of state court practitioners and newbie attorneys than bankruptcy.

Because bankruptcy can intervene into many other areas of the law, every lawyer, even ones who never practice in the bankruptcy courts, should be aware of the general provisions outlined in this article so that they and their clients can avoid violating the automatic stay.

The coronavirus known as COVID-19 reportedly infected the first American on January 21, 2020.[1] According to the Alabama Department of Health, Alabama has to date suffered 19,890 deaths[2] and 45,976[3] hospitalizations from the virus. In this same time period, 1,053,969 Americans have died,[4] while 92,761,865 Americans have been confirmed as infected.[5]

Historically, grantors of trusts have had little asset protection afforded them where they name themselves as a beneficiary of a trust, even an irrevocable trust. Section 505(a)(2) of the Uniform Trust Code and its Alabama counterpart, § 19-3B-505(a)(2), Code of Alabama (1975), provide that “[w]ith respect to an irrevocable trust, a creditor or assignee of the grantor may reach the maximum amount that can be distributed to or for the grantor’s benefit.”

In the final scenes of the movie “A Few Good Men” – one of the great classics of legal cinema – under dramatic, but extremely risky cross-examination by Lt. Daniel Kaffee (played by Tom Cruise), Col. Nathan Jessup (played by Jack Nicholson) admitted to directing the kind of “Code Red” discipline which led to the unintentional death of a Marine stationed at Guantanamo Bay, Cuba.

A lawyer is a professional writer, but a lawyer’s purpose is not self-expression. A lawyer speaks (and writes) for someone else, to achieve a certain outcome, in a system governed by rules upon rules upon rules. It is technical, detailed work. Its hallmarks are clarity and precision. The purpose of legal writing is not principally to stir the soul but to satisfy a skeptical mind. A lawyer hoping to persuade another lawyer or judge to accept some position must write in a way that answers obvious questions.

In 1915, Judge Hugh A. Locke had a vision for a non-traditional law school that would serve men and women who wanted to pursue a legal education, but had neither the time nor money that a full-time law school required. Birmingham School of Law was born out of that vison with classes originally being held at Birmingham-Southern College.

Introductory signals, according to The Bluebook, help legal writers “organiz[e] authorities and show how authorities support or relate to a proposition given in the text.” In a perfect world, The Bluebook would be easy to follow, all lawyers would use it uniformly, and there would always be a case on point. But the practice of law is rarely perfect.