Remarks from Out-Going President - Cynthia D. Hall

Thank you for being here.  It is exciting to see so  many people at the CBA’s annual meeting.  Of course, I am sure the free food had something to do with it but thank you for being here nevertheless.

              I.      Recognize our sponsors without whose financial support, this event would not be possible

a.       First Tennessee Bank

b.      IPSCO

c.       Hamilton County Herald

These are three long-time sponsors and they make possible so many of our programs and events.  You may not realize this but our bar dues pretty much just cover rent and salaries, so we are truly dependant on our sponsors for these types of events,  Help me welcome and thank them with a big round of applause.   Let me remind you, these organizations don’t sponsor these events just because they enjoy the company of attorneys, though I am sure they do.  They sponsor our events as a business decision to get there name in front of customers and potential customers.  So keep this in mind as you are setting up a bank account, buying insurance or placing legal notices or advertisements.  Please remember to support our sponsors that give so much to us.  I ask that you also take a look at other sponsors of events throughout the year.  They are listed on the back of your program.

In your program is an insert which lists those attorneys who passed away during 2008. We will honor these lawyers later this year, but as Judge Payne delivers the invocation, please keep these attorneys and their families in your thoughts.            

Awards Presentation

d.       Harry Weill Zealous Practice of Law Award –     G. Michael Luhowiak

The Harry Weill Zealous Practice of law award was established by an endowment from Harry’s  family to be given to a member of the Association whose energetic and enthusiastic service to clients is worthy of praise, and who polite and dignified manner, even in the most contentious situations, provides a model of civility that is worthy of emulation.  The recipient is chosen by the board each year.  This year we though it would be fitting if Flossie Weill presented the award to this years recipient.

e.      Albert Hodge Volunteer Award  -   Michael N. ST. CHARLES

This award is given to an attorney with exemplary volunteer service to the Chattanooga Bar Association and the legal community.

This year The CBA board finally accomplished a task that has been hanging over us for several years – we revised the bylaws of the Chattanooga Bar Foundation.  For those of you who may not know the Chattanooga Bar Foundation is a 501(c)(3) organization set up to give a charitable arm to the bar association and legal community.  Money in the foundation comes in part from donations and endowments like that given in the name of Harry Weill and in part – a large part – from money paid in by the fellows when they are elected.  Many years ago there was an unwritten agreement as to how money paid in by the fellows was to be handled by the bar association and the fellows.  Such agreement was never reduced to writing and was not necessarily in line with the bylaws as they then existed.  We have been discussing the need to amend the bylaws at least since I was on the board the first time in 2000.  I want to thank Sam Elliott, Charlie Gearhiser and Jerry Summers, all of whom were key players in getting this done as was Jim Haley who acted as the Board liaison with the fellows.   Though many people worked on this project, the ultimate task of drafting revised bylaws primarily fell on one attorney.  That was no easy task. The bylaws went through several revisions and each was reviewed by numerous attorneys. You all know how we attorneys love to change things. But he kept plugging away at the revisions until everyone was satisfied.  The ironic thing is that this attorney was tapped to revise the bylaws because he made one fatal mistake – he commented on an early draft of the bylaws that was sent to the fellows for review.  Well, we jumped all over that and before you know it he was drafting the bylaws, with, I am sure he will tell you, the help of others at his firm.  Most of you will not realize how truly significant this is but it is something that has been discussed in board meetings for years and it has finally been done – and approved by the board.  I sincerely want to thank Mike St. Charles for taking on this project and getting the bylaws drafted in a way that will benefit the bar association and the fellows for years to come.  Mike is this year’s recipient of the Albert L. Hodge volunteer award.

C.           President’s Award  - BARRY ABBOTT and PHILLIP A. NOBLETT

This award is given to the person or in this case people who have been the most help to the president, me, in the last term.   Early in the term the bar association got involved, at the request of the Board of Professional Responsibility, to help figure out what to do with the files of an attorney who was no longer able to practice law for medical reasons.   I was really surprised at how much time was involved.   Barry Abbott and Phil Noblitt spent countless hours going through the files and returning them to clients or getting the files to someone else to handle.  This isn’t a role the bar association normally takes on, and not one I would recommend, but it could not have been done in this case with Barry and Phil.  Frank Pinchak lent his expertise when needed but Barry and Phil really put the time in to make sure the clients didn’t fall through the cracks.  They are this year’s recipient of the president’s award.   

D.    Ralph M. Kelly Humanitarian Award  - JEFFREY M. ATHERTON

The award is to be given to that member of the legal profession or judicial officer who has displayed exemplary service to the community of Chattanooga by civic, professional and/or other activities directed toward improvement and preservation of the lives, property and dignity of its citizens. 

            Criteria for the award includes: (1) member in good standing of the Chattanooga Bar Association or a Judicial Officer;  (2) a minimum of 15 years tenure in the Chattanooga legal community;  (3) and recognized community service with emphasis on social service of both public and charitable nature, as set forth in the resolution establishing the award. 

This year’s recipient has worked tirelessly and has given volunteer hours to numerous to count to help high school students involved in mock trial competition.  He has been the coach of 2 Family Christian Academy teams – home schooled students -- for 17 years.  He has worked with them through countless hours of preparation and weeks of competition.  He has taken his teams to State and national competitions. Under his leadership and guidance the teams have done very well,

1999 and 2002 Tennessee Mock Trial State Champions - District 7

Second place 2000 Tennessee Mock Trial Competition District 7

2002, 2003 Tennessee HomeSchool Mock Trial Champions

2001 and 2003 - Varsity Outstanding Team                      

2005 Blue Tornado Tournament Champions, and

            I’ve saved the best for last

            2002, 2003 and 2007 National Mock Trial Champions, becoming the first team to win back to back championships.

In addition, this attorney coaches girls soccer, is in charge of a church youth group, a week of teen summer camp and sings in the church choir.  Somehow he also finds the time to practice law.  Jeff Atherton has dedicated his time to the leadership and mentoring of young adults and we are proud to recognize him for his service as this year’s recipient of the Ralph M. Kelly Volunteer award.

E. Young Lawyer Division Volunteer of the Year Award

(Brian O’Shaughnessy will come up and give award)

               Vote to Amend the Bylaws of the CBA on the Judicial Biennial Poll

           II.      Remarks

Thanks for allowing me the opportunity to serve as president of the CBA.  It has been a rewarding experience.   To the Board of Governors: Thank you for the time you have dedicated to the organization.  You have been very supportive and have been a pleasure to work with.  I want to extend a special thank you to Jim Haley and Barry Abbott who both rotate off the board this year.  Jim, who is rolling off the board after 6 years, was an active past president and I appreciate his assistance throughout the year.  As I stated earlier Jim played a key roll in getting new bylaws for the Chattanooga bar Foundation approved by the board.  Barry is rolling off the board after 3 years and has been an active board member throughout.  He has always been willing to volunteer when needed and has been a valuable board member.  Thanks to both Jim and Barry for their hard work on the board.  You will both be missed.  After the meeting, if you would come up, we have a memento of your service.  Let’s give them a round of applause.

      Lynda – Lynda, a special thanks to you. When I recall all of the events we hosted this past year:

                                                               i.      The annual meeting.

                                                             ii.      Memorial service for deceased attorneys.

                                                            iii.      Law Day Luncheon.

                                                           iv.      Jaw Bones – Saw Bones Golf Tournament.

                                                             v.      Career Fair for Law Students

                                                           vi.      Retirement Celebration for Chief Justice William Barker

                                                          vii.      Judges Reception

                                                        viii.      Portrait Unveiling of Judge Steve Bevil

                                                           ix.      Portrait Unveiling of Retired Justice Bob Cooper

                                                             x.      Several Continuing Legal Education seminars.

                                                           xi.      And CLIPS!  This took many hours to design, develop and input information but it was up and running for 2008 !!

These really first rate events are tributes to the hard work and dedication of Lynda and Wanda. They do so many things to make the organization run smoothly and are a pleasure to work with.

I feel like I need to take a minute to let you know just how much Lynda does for this organization.  Every other event that you go to at no extra fee, including this luncheon and the many receptions, Lynda has to find sponsorship dollars to cover.  We are also putting together a pictorial directory and, assuming we can pay for it, will have a color directory.  We will also have it on the web site.  Again this is done at no extra coast to you.  You get the Hamilton County Herald, which also serves as our newsletter, free every month.  What you may not realize, is that we have half the members of the Knoxville Bar Association and roughly a forth of Nashville and Memphis.  Even with so fewer members we strive to provide the same level of benefits to our members.  It simply would not be possible without sponsorship dollars that Lynda works so tirelessly to obtain.  Please let Lynda and Wanda know how much you appreciate them.

         III.      Highlights – 2008 was an interesting year for the Bar Association.  Highlights for me were:

a.        CLE seminars. We took a critical look at the CLE seminars offered by the bar association and revamped the CLE committee.  I think those of you who attended CBA CLE seminars will agree that we offered some excellent seminars this year and had some very interesting speakers.  Please keep the CBA seminars in mind as you are looking for CLE hours.  We simply cannot afford to put them on if our members don’t support them.  We need your participation.

b.      CLIPS.  We got CLIPS up and running this year.  Over 50 attorneys have signed up and we expect even more in 2009.  We are hearing positive reviews from those who have signed up for CLIPS.  Attorneys have been getting good fee paying cases through this service and the public is better able to find an attorney that meets their needs.  It is an excellent service both to our members and the public.

c.       Career day for law Students.  This was a great event and we had excellent participation from students all over the southeast, UT, Memphis, Vanderbilt, Emory, Georgia, Mercer, Georgia State, University of Alabama, Sanford, and Ole Miss.  It was a great opportunity for the students to learn a little more about the firms in Chattanooga and a great way for the firms to meet prospective attorneys.

Pictorial directory.  We have had the pictures taken and will get the directory up on the web site. www.chattbar.org.  We will also have a hard copy directory as soon as Lynda works her magic and comes up with the funds.  I urge you to consult this directory and get to know your fellow attorneys.  I think you will find that you like them.  In addition you will be getting a pocket size attorney directory with names and phone numbers to allow you to better contact your fellow attorneys.  This will be a handy little document and it being provided to us at no costs by Fireball, a printing service downtown.

Let me end by reminding you to be civil to your fellow attorney.  To quote John F. Kennedy: “So let us begin anew – remembering on both sides that civility is not a sign of weakness and sincerity is always subject to proof.” Or my favorite, and I am not sure who this is originally attributable to, “Be nice to people on your way up because you might meet ‘em on your way down.”

Thank you.

Honorable Barry Steelman – It is now time to turn the reigns over to Judge Barry Steelman.  He will do a great job as president of the CBA.  He is committed to serving Chattanooga and its legal community.