Atlanta Injury Lawyer Blog

Law Day 2013

April 28, 2013 | Robin Frazer Clark

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May 1st is traditionally known as “Law Day” in America, a day in which the rule of law is celebrated. It was officially designated “Law Day” by Congress in 1961. Law Day underscores how law and the legal profession contribute to the freedoms that all Americans share. Georgia lawyers have already been holding events around the State to celebrate Law Day 2013. The State Bar of Georgia recently hosted hundreds of school children at the State Bar Center to celebrate Law Day in a program called “Realizing the Dream: Equality for All!” Below are my remarks for this wonderful celebration.

Remarks of Robin Frazer Clark

Realizing the Dream: Equality for All!

All I Really Know About Professionalism I Learned in Golf

April 16, 2013 | Robin Frazer Clark

You probably recall Robert Fulghum’s popular book, All I Really Need to Know I Learned in Kindergarten, which was first published in 1988. Its premise was that the world would be a better place if we simply adhered to the basic rules of kindergarten, such as sharing, being kind to one another, cleaning up after ourselves, etc.

If I had the opportunity to suggest a sequel specifically for lawyers, its title might be All I Really Need to Know about Professionalism I Learned on the Golf Course. As golf stands out from other sports as a “gentleman’s game,” the ideals of professionalism in the practice of law are aimed at ensuring our field remains a “high calling” and not “just a business like any other,” enlisted in the service not only of the clients, but of the public good as well.

The game of golf is governed jointly by the Royal and Ancient Golf Club (R&A) of St. Andrews, Scotland, and the United States Golf Association (USGA). But, as stated in the USGA’s “The Spirit of the Game” document, “Unlike many sports, golf is played, for the most part, without the supervision of a referee or umpire. The game relies on the integrity of the individual to show consideration for other players and to abide by the Rules. All players should conduct themselves in a disciplined manner, demonstrating courtesy and sportsmanship at all times, irrespective of how competitive they may be. This is the spirit of the game of golf.”

State Bar of Georgia Has Successful 2013 Legislative Session

April 5, 2013 | Robin Frazer Clark

Here is my last weekly update of the 2013 Georgia General Assembly Session for the State Bar of Georgia, which was extremely successful for the State Bar with the passage of the Juvenile Justice Reform bill and the passage of an amendment making legal malpractice claims nonassignable to third parties. I am very proud of the Bar’s Legislative efforts this year, our superb lobbying team, and our new grassroots program. Thank you, also, to all the legislators who gave of their time to represent the citizens of Georgia so selflessly. We appreciate your sacrifice.

Thursday, March 28, marked the last day of the 2013 legislative session, one of the most successful on record for the State Bar of Georgia. This session saw the passage of several major initiatives of the State Bar, highlighted by a comprehensive rewrite of the Juvenile Code.

The passage of Juvenile Justice Code was a major success for the State Bar and most importantly for Georgia’s justice system and for the citizens of our great state. This new approach, focusing away from the old system of youth detention, puts an increased focus on community based programs and counseling with the ultimate goal of returning these troubled youths to our neighborhoods as productive members of society. A major initiate of Gov. Nathan Deal’s Special Council on Criminal Justice Reform, passage of the Juvenile Code was truly a bipartisan effort from the outset and stands to help improve our state for years to come.

DeKalb Bar Association Honors Judge Clarence Seeliger

March 28, 2013 | Robin Frazer Clark

As President of the State Bar of Georgia, I recently had the distinct honor and high privilege of being the keynote speaker for the DeKalb Bar Association’s Annual Bench & Bar Dinner at the Emory Conference Center. This year the DeKalb Bar honored Judge Clarence Seeliger, a trailblazer in Civil Rights in DeKalb County, Georgia, with its Pioneer Award. The honor was well deserved. Below are my remarks from the wonderful event.

Remarks at DeKalb County Bar Association Bench & Bar Dinner

March 7, 2013

Georgia State Bar Honors Community Service

February 27, 2013 | Robin Frazer Clark

REMARKS OF PRESIDENT ROBIN FRAZER CLARK

14TH ANNUAL JUSTICE ROBERT BENHAM COMMUNITY SERVICE AWARDS

STATE BAR OF GEORGIA

Reforming Georgia’s Juvenile Justice System

February 24, 2013 | Robin Frazer Clark

Here is my op/ed piece that is appearing tomorrow in the Savannah Morning News and the Columbus Ledger Enquirer.

Clark: Reforming Georgia’s juvenile justice system: It’s time

Posted: February 24, 2013 – 12:27am

State Bar of Georgia Honors Judge Carla Wong McMillian

February 22, 2013 | Robin Frazer Clark

Last night I had the great honor and distinct privilege, as President of the State Bar of Georgia, to recognize Judge Carla Wong McMillian, recently appointed by Governor Nathan Deal, as the first Asian Pacific American state appellate judge in the Southeast. This was an historic appointment by Governor Deal and the State Bar of Georgia salutes him, as well, in breaking this barrier for Asian Pacific Americans. I was proud to stand with the Honorable Al Wong, Judge, State Court of DeKalb County and the very first Asian Pacific American state court judge in Georgia, to recognize this nod to the need for vigilance and diversity.

Judge Wong McMillian’s colleagues from the Georgia Court of Appeals joined us, as did many members of the Georgia Asian Pacific American Bar Association (GAPABA) who co-sponsored the reception. Thank you also to Thomas Worthy, Governor Deal’s Deputy Executive Counsel, for joining us. My remarks from the evening are copied below. It was a wonderful night to celebrate diversity and take pride in the extraordinary appellate bench we have in Georgia. As I said last night, “each time a barrier is removed in the leadership of our courts, a door opens to a new generation of potential judges, which might include the next Thurgood Marshall, the next Sandra Day O’Connor, the next Robert Benham, the next Leah Ward Sears or the next Carla Wong McMillian. And that is something to be celebrated.”

Robin Frazer Clark

Georgia Needs Juvenile Justice Reform

February 14, 2013 | Robin Frazer Clark

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Yesterday, as President of the State Bar of Georgia, I testified in front of the House Judiciary Committee in support of HB 242 which is a comprehensive Juvenile Justice Reform Act. It includes both Juvenile Criminal Justice reform and a rewrite of the Juvenile Code, which is Title 15 of the Official Code of Georgia. Below are my remarks to the House Judiciary Committee:

REMARKS OF ROBIN FRAZER CLARK TO THE JUDICIARY COMMITTEE OF THE HOUSE OF REPRESENTATIVES OF THE GEORGIA GENERAL ASSEMBLY

I am Robin Frazer Clark and am the President of the State Bar of Georgia, which is made up of nearly 44,000 lawyers, including judges, prosecutors, public defenders, private pratitioners and even Legislators. On behalf of the State Bar of Georgia, let me first thank you as members of the Georgia General Assembly for your dedication to the citizens of Georgia and your personal sacrifice I know each of you make to be here and make a difference. We appreciate you.

Georgia Presumption that Physician Automatically Acted with “Due Care” is Unfair

January 17, 2013 | Robin Frazer Clark

I am in intense trial preparation this week for a medical malpractice trial I start on Tuesday in the DeKalb County State Court. As a plaintiff’s personal injury lawyer, I take just about any sort of case, including cases like the one I will try next week, against a physician for a medical error he committed during surgery. This type of case is known as a “medical malpractice” case, but all “malpractice” really means is “negligence,” and all “negligence” means is “carelessness.” In preparing for this trial I filed a Motion in Limine, which is a particular type of motion that seeks to limit the type of evidence that a jury is allowed to hear at trial. Part of my Motion in Limine is to prohibit argument or the charging of the jury on what is known in Georgia Law as the “presumption of due care.” It is a law that says doctors in Georgia are presumed to have used “due care” in their treatment of a patient, even though they are now being sued for it.

This strikes me as fundmentally unfair. No other Georgia citizen gets the benefit of a presumption by the jury that he or she exercised “due care.” This is even more unfair given the fact that to file a lawsuit against a Georgia doctor you have to attach to the Complaint an Affidavit by another doctor that says the Georgia doctor did, in face, commit malpractice, i.e., did not exercise due care. Presumption rebutted! Already!

Here is a portion of my Motion in Limine on the unfair “presumption of due care.”

Landlord’s Failure to Provide Smoke Detectors the Real Cause of Four Siblings’ Deaths

January 15, 2013 | Robin Frazer Clark

It was a tragic story of unspeakable loss when we learned of four siblings’ deaths in a Conyers, Georgia fire in a duplex on January 8, 2013. As a plaintiff’s personal injury lawyer, I so often help families deal with unexplainable loss and sorrow. We have since learned that the fire was started by a six year old brother of the four siblings who died. Apparently, the young boy was playing with a cigarette lighter in the stairwell of a duplex the family rented. I say “started the fire” instead of “caused their deaths” because the real “proximate” cause of the deaths was the lack of any smoke detectors in the rented duplex. “Investigators… determined that the only smoke alarm in the duplex was downstairs and that it had no battery in it. Dwayne Garriss, state fire marshal, said it is state law that smoke detectors must be placed outside any sleeping area. However, he said the landlord will face no liability, because the law carries no penalties for a first offense. It provides a $25 fine for a second offense.”

That’s a crime in and of itself, isn’t it? Certainly, failing to have the mandatory smoke detectors in place as required by law and then renting the duplex to a family with five small children is criminal. Under Georgia law (O.C.G.A. §25-2-40) an approved battery operated smoke detector is required in every apartment, house, condominium, and townhouse constructed prior to July 1, 1987. The smoke detector is to be located on the ceiling or wall at a point centrally located in the corridor or other area giving access to each group of rooms used for sleeping. Where the dwelling has more than one story, detectors are required on each story including cellars and basements, but not including uninhabitable attics. The detectors must be listed and meet the installation requirements of NFPA 72. The law is to be enforced by local building and fire code officials.

It seems that the landlord, at the very least, recklessly subjected the family to exactly this type of risk of death. Obviously, had there been smoke detectors, the alarms would have gone off and would have awakened the mother in time for her to save her childrens’ lives. Instead, they are dead and she is left with horrible burns on most of her body.