December 2016
President's Corner

For Inauguration Day 2017, the President will visit the Gwinnett Bar!  To clarify, the President of the Georgia Bar Association will be our featured speaker for a special Bar Breakfast.  

Pres. Patrick O'Connor will visit to give us an update on our State Bar's busy agenda and efforts.  Our Judge of the Month is the Honorable Michael Greene, Chief Judge of the Recorder's Court of Gwinnett County.  

Our breakfast meeting will begin at 8:00 a.m. on Friday, January 20, 2017 at the 1818 Club.  The board decided to move the meeting to a breakfast due to a conflict with the Inauguration Ceremony taking place in Washington, D.C. at our typical meeting time.  

We are so very honored to have President O'Connor and Chief Judge Greene at our Bar Breakfast meeting.  Thank you for your understanding and support as we make a one-time adjustment to our schedule!  


January Bar Breakfast

Speaker: Georgia Bar President, Patrick O'Connor
Judge of the Month: Chief Judge Michael Greene of the Gwinnett County Recorder's Court


  
Join us for a special Breakfast Meeting as we welcome the President on Inauguration Day!  GA Bar President Patrick O'Connor is our featured speaker and Chief Judge Michael Greene of the Gwinnett County Recorder's Court is our Judge of the Month.  

January 20, 2016 from 8:00 to 9:00 a.m. at the 1818 Club.  

GCBA Holiday Party and Photos

On behalf of the Bar Association, I want to sincerely thank all of the attorneys, family and friends who were able to attend our holiday party on Friday at the Payne-Corley House in Duluth. Once again, the festive evening proved that it is good to fellowship and build relationships with other colleagues who live and work in Gwinnett. I also want to thank and encourage all others who donated their time and/or resources towards making the party a memorable occasion. I look forward to continuing our focus and efforts on future community events planned in the upcoming year as well as our monthly meetings. All the best to you and yours over the holiday season and New Year.
 
S. Carlton Rouse, Esq. 



 


Christian v. Christian, S16F1160
Supreme Court of Georgia, Civil Case (11/21/2016, 12/2/2016)

Date of Valuation of Assets; Pre-Marital Assets; if your Application for Appeal is Denied, Try Again; and Watch out for your punctuation!!!!

by Margaret Gettle Washburn, Sr. Contributing Editor

In the very recent and very lively case of Christian v. Christian, the Supreme Court, Justice David E. Nahmias for the Court, found that the trial court, Superior Court of DeKalb County, erred in concluding that the portion of husband's benefits to which wife was entitled under parties' separation agreement, which parties had signed over nine years prior to their divorce, should be based on their value as of the date parties signed the agreement, rather than the date of the divorce decree. Further, that the trial court should have found that if Paragraph VII of the Settlement Agreement had two reasonable interpretations, then the trial court should have looked beyond Paragraph VII to determine if the ambiguity was clarified when viewed in the context of the entire separation agreement, because of how a comma and the word "or" was interpreted.  The Supreme Court affirmed the portion of the trial court's order deducting the premarital value from wife's share of the benefits. The premarital value of husband's benefits was not marital property and was not subject to equitable division.

In February, 2006, after 13 years of marriage, appellant Carla Graves Christian (Wife) and appellee Ben Christian, Jr. (Husband) signed a Separation Agreement. The agreement was approved by the trial court in December, 2008 in the Separate Maintenance action that was pending at that time.  Subsequently, the Wife filed a complaint for divorce in March, 2013. In October, 2014, she filed a motion for partial summary judgment asking the trial court to rule that Paragraph VII of the Separation Agreement entitled her to one-half of Husband's retirement, 401(k), and other employment benefits as valued on the date of the divorce. (emphasis supplied.) Click here for full article

News & Events

Consumer Law & Probate Clinic Volunteers Needed!


Pro Bono Thank Yous!

Thank you to the attorneys who have recently accepted Pro Bono Cases!
Barbara Evans
Vanessa I. Kosky
Christopher Lee
S. Carlton Rouse
 
Thank you to the Attorneys who volunteered at the Probate and Consumer Law Clinics!
Raymon Burns
Jim Cline
Brook Davidson
Donald Horace
John Miles
Patricia O'Kelley
Charles Tingle
John Welsh
Crystal Wright
Emily Yost

Lawyers in the Community:
Gwinnett Attorneys Win Georgia NFL Alumni Golf Tournament
 
Gwinnett Attorneys John Hogan and Tyler Dillard (Andersen, Tate and Carr) were members of the five man team which won the recent Georgia NFL Alumni Golf Tournament at Legacy on Lanier.  They will now represent the
 Georgia Chapter in the NFL Alumni's "Super Bowl of Golf" to be held at PGA National Golf Club in Palm Beach Gardens, Florida in April, 2017.  Their team was captained by former All-Pro Jeff Bostic of the Washington Redskins.

Other team members were Steve FitzGerald of Fairport, NY and Mike Childs of Atlanta. 

New State Bar Members from the GCBA

The following are new members of the State Bar, who are also new members of the GCBA.  If you see them in the Courthouse or at any of our meetings, please welcome them.
 
Jon Tonge has joined Andersen, Tate, & Carr's Litigation Team. He will focus his practice on business and commercial litigation, employment and property disputes and representing individuals in civil suits.  Jonathan received his Juris Doctor (Magna Cum Laude) from the University of Georgia School of Law in Athens, GA in 2016. While in law school, he was inducted into the Order of the Coif, was the Executive Editor of the Georgia Journal of International & Comparative Law, the 2015 Deputy Director of the Working in the Public Interest Conference and Co-Chair of the 2015 Red Clay Conference.  Prior to law school, Jonathan was the communications manager for the Georgia Wildlife Federation; he owned an independent bookstore in Madison where he also served on the Morgan County Planning Commission; and was a freelance writer, newspaper reporter, and musician. He received his  A.B.J. in newspaper journalism from the University of Georgia's Grady College of Journalism and Mass Communications and lives in Atlanta with his wife Jessica and son, Sam.
 
Manchilo Guadie is a native of Ethiopia, and is fluent in Amharic, English, and Geez.  He graduated from Addis Ababa University Law School with a Bachelor of Laws (LLB) in 2004. After graduating from law school, Attorney Guadie became Assistant Judge at the Amhara State High Court in Bahir Dar, Ethiopia. In April 2005, he joined Bahir Dar University faculty as a lecturer of law. In 2007, Attorney Guadie was awarded a full scholarship by the Swedish government and earned his M.Sc. Degree in Land Law and Management from the Royal Institute of Technology in Sweden.  In 2012, Attorney Guadie earned his LLM in Environmental Law from The George Washington University Law School.  In January 2015, Attorney Guadie became a member of NY State Bar Association and was admitted by the NY State Superior Court. Since then, Attorney Guadie practiced immigration law.   Currently, Attorney Guadie manages Law Office of Manchilo Guadie, Inc. and practices family law and criminal defense, primarily in Gwinnett and DeKalb counties. Attorney Guadie is willing to contribute his multi-lingual legal background to assist the Gwinnet County Justice Center in serving the more than 20,000 Ethiopian immigrants, residing in the Metropolitan Atlanta area.  Attorney Guadie is married and a proud father of two children. He also serves Holy Trinity Ethiopian Orthodox Church in Lilburn, GA.
 

Michelle L. Stovall currently works for Nelson H. Turner, practicing in the area of criminal law.  She is from Gwinnett County, and completed her undergraduate degree at UGA, where she graduated cum laude with degrees in Criminal Justice, Psychology, and Spanish.  Ms. Stovall graduated summa cum laude from John Marshall Law in May 2016. 

 

Kendra Mitchell is Of Counsel to the Law Offices of Fakiha Khan, P.C.  in Johns Creek.  Ms. Mitchell's practice focuses on both criminal defense, including DUI defense, and family law matters. She graduated with Pro Bono Honors from Georgia State University College of Law.  During law school she was a Graduate Research Assistant, the Vice-
President of the Public Interest Law Association, and a member of the College of Law's Moot Court Board, both competing in and coaching the prestigious Prince Evidence competition in Brooklyn, New York.  Ms. Mitchell has worked for Fulton County Superior Court Judge Alford Dempsey, the Cobb County District Attorney's Office, the Dekalb County Solicitor's Office, and the Dekalb District Attorney's Office in its Domestic Violence and Sexual Assault Unit. Before establishing a vibrant legal career, Ms. Mitchell established a solid public service career, in both her home state of Missouri as well as Georgia. She served as a Policy Analyst to Governor Sonny Perdue from 2005 to 2008, and as a Budget Analyst for the Georgia House of Representatives Budget Office from 2009 to 2013.

'Tis the Season for Giving!

GCBA is still seeking sponsors for Law Day 2017. Any contributions are appreciated and all sponsors will receive recognition in the Law Day Banquet program. Sponsorship funds will be used to provide cash gifts and prizes to the Law Day award recipients; to provide scholarships to deserving Gwinnett County students; and to provide gifts to the Judges at the Judicial Reception.

Sponsors who contribute $500 (Amicus Level) will receive 4 complimentary tickets to the Law Day Banquet and will be recognized on all promotional materials for Law Day. Sponsors who contribute $1,000 or more (Advocate Level) will receive a reserved table for eight people and a recognition plaque at the Law Day Banquet and will also be recognized on all promotional materials for Law Day.
 
If your firm or company is interested in donating, please contact Danielle Britt Mays at [email protected]. Or send your donation to Chandler, Britt & Jay, LLC, C/O Danielle Britt Mays, 4350 South Lee Street, Buford, Georgia 30518.
 
 
Milich Minute

In an assault case, a police officer testifies that she called the phone number listed for the defendant, Brutus.  The person answering the phone identified himself as "Brutus."  When the officer said she was calling about a bar fight the previous night, the person said "He made fun of the rule against perpetuities, I had to hit him."

The defense objects on authentication grounds.

Which is the best answer?
  1. Overruled.  The person admitted he was the defendant Brutus.
  2. Overruled.  Call was made to defendant's number, he identified himself, and they talked about the incident.
  3. Sustained unless the officer recognized the defendant's voice.
  4. Sustained unless the call was recorded.

Click here for the answer!
12 Milich

Click to purchase his book here!
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Criminal Defense Update

On December 9, 2016 at 11:30 a.m., the criminal dense section hosted its Annual Toy Raiser at La Cazuela Mexican Restaurant in Lawrenceville.  This is the biggest event of the year, headed up by Christine Koehler of Koehler 
and Riddick in Lawrenceville.  

Attendees brought an unwrapped toy or made a $20 donation (or more) to benefit patients at Children's Healthcare of Atlanta's Egleston Hospital.  For more information, including how to donate if you can't attend the toy raiser, contact Katie Huckaby at [email protected].   
 
Upcoming Events
 
January 6, 2016 at 12 p.m.- Monthly meeting featuring speakers from the board of pardons and paroles and felony and misdemeanor probation.  This meeting will be held in classroom B at the Gwinnett County Detention Center.  Lunch is $5 for members and $10 for nonmembers.    
 
Join the Section
 
Interested in joining the section or need more information? Please contact Constancia Carter at [email protected].
Estate Planning and Probate Update: 
'Tis the Season for Giving!

The Estate Planning and Probate Section (EPPS) brings you 2 excellent opportunities for giving in 2017 - sign up now!
 
Opportunity #1: First Responders Wills Clinic
Who should volunteer: Attorneys with or without estate planning experience (note: there is a short training session in advance for all attorneys, and attorneys work in pairs which always include at least one experienced estate planner)
What: Provide free basic estate planning documents for first responders and their spouses (event organized by the Young Lawyers Division of the State Bar of Georgia & the Gwinnett County Bar Association EPPS)
Where: Andersen, Tate & Carr, P.C., Duluth, Georgia
When: Saturday, February 25, 2017 from 9:00am - 2:00pm (3-hour volunteer blocks)
Why: To thank our first responders!

Opportunity #2: Probate Court Pro Bono Clinic
Who should volunteer: Attorneys with probate and/or guardianship experience (need not be an expert, but some experience is required to assist attendees)
What: Provide guidance to pro se petitioners with their filings in probate court
Where: Gwinnett Justice and Administration Center
When: Third Thursday of each month from 1:30pm - 4:30pm  
Why: To help our citizens and the Probate Court in processing petitions more efficiently and effectively
How: Please contact Elizabeth Strupe to sign up for the Probate Court Pro Bono Clinic
 
Save the Date: Please save the date for the following EPPS lunch meetings at 12:00pm (speaker and location details to follow):
 
January 10, 2017
March 14, 2017
May 9, 2017
July 11, 2017
 
Note that you do not have to be a member of the section to attend the meetings, but if you are interested in joining the section, or simply being added to the section email list, please contact Melody Glouton or Lindsey Cambardella
 
Happy holidays from the EPPS!
Family Law Section Update: 
Next Meeting Information

The Family Law Section of the Gwinnett Bar will have the next meeting in December of 2016.   The date will be announced as it will be moved up due to the holidays.  The location and time will remain the 12:00 noon at La Cazuela Mexican Restaurant, 179 West Crogan Street, located at in downtown, Lawrenceville, Georgia 30046.

Upcoming Events:  (The last Wednesday of every other month - even months)
In This Issue
January Bar Breakfast Details

Friday, January 20th
from 8 - 9am  
at the 1818 Club
6500 Sugarloaf Parkway
#300
Duluth, GA 30097

Gwinnett County Bar Association | | [email protected] | http://www.gcba.org
P.O.Box 576
Lawrenceville, GA 30046