: The Alabama Lawyer Articles
FROM THE ALABAMA LAWYER: Hard Time – A Return to Mandatory Minimums
Audio version available - Filed Under: The Alabama Lawyer Articles
There is a new law that prosecutors and practitioners need to be aware of. On April 6, 2023, Governor Ivey signed into law Act 2023-004 which provides for a minimum mandatory term of imprisonment for those convicted of trafficking in fentanyl.
Read MoreFROM THE ALABAMA LAWYER: A Reintroduction to the Alabama Attorney General’s Opinions Division
Audio version available - Filed Under: The Alabama Lawyer Articles
This article will reintroduce you to the Opinions Division with a comprehensive look at every stage from opinion request to published opinion.
Read MoreFROM THE ALABAMA LAWYER: A Prosecutor’s Tool in Child and Protected Person Victim Cases
Audio version available - Filed Under: The Alabama Lawyer Articles
When a prosecutor receives a case file from a law enforcement agency, he knows that for a successful prosecution he must be able to prove the elements of his case with witness or documentary evidence.
Read More
FROM THE ALABAMA LAWYER – How to Read a Vote Line of the Alabama Supreme Court
Audio version available - Filed Under: The Alabama Lawyer Articles
You’re hard at work on your brief for an Alabama court. The issue before you is governed by Alabama law, and you’ve just found an Alabama Supreme Court opinion that is on point.
When you scroll to the bottom of the opinion, you see that in addition to the justice who authored the opinion, three justices concurred and three justices concurred in the result, while two justices dissented. So, seven concurs and two dissents, right? And with this vote line, you can now cite the opinion as the majority opinion of the court and binding precedent in Alabama, right?
Read More
FROM THE ALABAMA LAWYER – Appeal of Board of Equalization Valuations
Audio version available - Filed Under: The Alabama Lawyer Articles
Taxpayers are not always satisfied with the value fixed on their property by a board of equalization (“BOE”).The first step for the unhappy taxpayer is to object to the valuation.[1]
Read More
FROM THE ALABAMA LAWYER – Stolen Moments with Nelle “Harper” Lee
Audio version available - Filed Under: The Alabama Lawyer Articles
The young lady at the desk greeted me warmly as I entered The Meadows, the assisted living facility, in Monroeville, Alabama. “Can I help you?” she asked. I flashed my sweetest smile and cleared my throat. I was at the pinnacle moment of a journey that had started months, even years earlier and I was going to savor every nerve-wracking moment of truth, no matter how poorly it could all end.
Read More
FROM THE ALABAMA LAWYER – Duck, You Sucker! Avoiding the Nigerian Check Scam
Audio version available - Filed Under: The Alabama Lawyer Articles
On a typical Monday morning, Atticus Darrow, Esq. receives an atypical email that sends his pulse racing. A businessman from Nigeria has run into some trouble collecting a debt from an American corporation, and he needs Mr. Darrow’s help. Mr. Darrow is thrilled – he’s always longed to break into the international debt collection scene, and now he has his chance!
Read More
FROM THE ALABAMA LAWYER – Do You Speak Body Language: Mastering the Art of Nonverbal Communication
Audio version available - Filed Under: The Alabama Lawyer Articles
What are your thoughts when your client asks, “Do you really think that a person like me could commit such a horrible crime?” Is this projective sentence a simple statement, or is it an evasive response that she’s using as a defense mechanism? According to research on nonverbal communication, this question, and the answer, are quite complicated.
Read More
FROM THE ALABAMA LAWYER – The VLP and a Tractor
Audio version available - Filed Under: The Alabama Lawyer Articles
Mrs. Annie Taylor learned she was being sued for conversion when a man appeared at her apartment door and handed her a notice requiring her attendance in Tuscaloosa County Small Claims Court. The man told her she was being sued and that the lawsuit was scheduled for trial.
Read More
FROM THE ALABAMA LAWYER – Getting Paid: Retention and Compensation of Special Counsel in Bankruptcy
Audio version available - Filed Under: The Alabama Lawyer Articles
Ignorance of the law is no excuse. We all learned that in law school. Still, you don’t know what you don’t know. And when it comes to bankruptcy law, too many of us just don’t know some basics, like how to protect your fee. Non-bankruptcy lawyers routinely represent debtors or their litigation opponents in non-bankruptcy disputes, such as personal injury claims. To comply with your duty to competently represent clients who are in bankruptcy or litigating against a debtor, and to protect your fee, know these fundamentals.
Read More