The Atlanta Lawyer October/November 2019 | Page 29

MEMBERSHIP
ARTICLES
LINCOLN
ON PROFESSIONALISM
sentencing alternatives not
previously available, how to
effectively withdraw a guilty
plea, the enhanced consequences
for younger drivers, and how a
ticketed driver might prepare
in advance of their hearing to
achieve the best result from
the judge. She also provided a
useful primer on the use of nolo
pleas in traffic courts. Steven
Lefkoff (Lefkoff Law) provided
perspectives on non-traffic civil
matters in magistrate courts,
including key procedural rules
to be mindful of, how to perfect
appeals, and differences among
Metro Atlanta counties. Lefkoff
warned that “when you have a
client in magistrate court, the
most important thing you can
do is make sure your they keep
their cool,” and illustrated this
advice with a humorous war
story.
In the Personal Injury and
Worker’s Compensation Law
session, two experienced PI
attorneys provided crucial
insights on a variety of
topics. Tyler Shermerhorm
(Shermerhorn Firm) began
with helpful advice on the nuts
and bolts of a personal injury
case, including case selection
and intake, dealing with the
defense, collecting evidence,
discovering and demanding
insurance resources and
settlement. Moses Kim (Moses
Firm) then addressed medical
malpractice by explaining his
ten commandments of med mal,
starting with “Thou Shalt Choose
the Right Case,” and ending with
“Thou Shalt Stay the Course,”
with eight additional useful
“commandments” in between.
Ben Gerber (Gerber & Holder)
tackled the basics of Workers’
Compensation Law and
provided a concise and effective
presentation with good case
examples, relevant case law,
and useful practice tips, leaving
the audience with key talking
points for the neighbor who
accosts you with “but you said
you're a lawyer.” According to
Gerber, a key point in workers’
compensation cases is to listen to
your client carefully so you can
properly assess whether workers’
compensation is appropriate or
whether a personal injury claim
may be warranted instead.
The Family Law panel consisted
of noted local family law attorneys
Gillian O’Nan (Gillian Fierer
O'Nan PC), David Sarif (Naggiar
& Sarif LLC), and Randy Kessler
(Kessler & Solomiany LLC).
Using a question and answer
approach, the moderator enabled
each panelist to provide their
perspectives on key family law
issues, including child custody,
jury trials, guardians ad litem,
grandparent rights, division of
property, and other compelling
issues. After acknowledging
that grandparents have won
important custody rights in
recent years, Kessler noted that
the best strategy for preserving
these rights is to “treat the other
the other parent well.” He also
cautioned that the prevailing
rule on fee sharing by divorcing
partners is “whoever controls
the money should pay the fee.”
Another important takeaway was
that a break-up should not be left
to chance, especially when kids
are involved. Instead, it is critical
to consult with an attorney who
can guide you through the
process.
Adon Solomon (Cohen Pollock
Merlin Turner PC) presented
capably on Estate Planning,
addressing the basics of what we
should all do to ensure the proper
disposition and management of
our estates. He wisely warned
that there is no substitute for a
written, properly executed, will to
ensure your assets will go where
you want them to go, noting that
the Georgia laws of intestacy will
not normally result in assets being
distributed as most of us would
wish. Solomon also explained
the use of a power of attorney for
ensuring management of one’s
assets when you have become
incapacitated and how advance
directives can address medical
issues and the disposition of one’s
body (and body parts.). Finally,
he concisely addressed the use
of guardianships to provide care
for those under legal disability.
For Employment Law 101, Jeff
Sand (Weiner & Sand LLC),
explained how, in the “Me Too”
era, a litigant should navigate the
world of sexual harassment. He
bifurcated employment law into
to “how an employee was treated”
and “how an employee was paid”
and presented a concise useful
presentation on his topic.
Neal Weinrich (Berman Fink
Van Horn PC) then described
the world of non-competition
agreements for employees.
He explained how the 2011
R est r ic t ive C ovenant Ac t
breathed life into the use of
these important instruments
for prote c t ing business es
against competition from former
employees. Weinrich presented
some good examples of how these
covenants are now implemented
and enforced, with illustrations or
how social media can be a pitfall
for employees seeking to escape
enforcement of their agreements.
For the Business Law session,
Steven Richman (Seyfath Shaw)
elegantly focused on choice of
business entities, Richman
addressed tax and non-tax issues
that drive the preferred entity
types.
For Post-Judgment Practice
and Collection, Bryan Levy
(Burr & Forman) addressed
the execution and collection
of judgements in Georgia,
covering both federal and state
judgements. He concisely covered
the essential aspects of this
important topic, including the
details of garnishment and other
collection methods, charging
orders and the levy and sale
of property. Matt Rosenkoff
(Taylor English) then addressed
the defendant’s perspective on
this topic. He focused on the Fair
Debt Collection Practices Act and
how it can be used defensively to
ensure lawyers who are coming
after his clients are proceeding
legally.
Jessica Stern (STERN Law LLC),
provided a useful and engaging
summary of the topic Stern
refers to as “Crimmigration
Law.” She began the session
with the basics of immigration
status and how status is affected
by family relationships and
then addressed legal problems
recent immigrations might face
– depending in large part on their
immigration status. She then
described defenses to attempts
by the government to deport and
remove non-citizen immigrants.
Lastly, John Mills (Taylor
English) admirably addressed
the vast topic of Bankruptcy in
his 45 minute allotment.
Without fail, each of the learned
attorneys in this program
skillfully provided the audience
what it came for and none of them
should now be concerned about
being able to answer basic legal
questions about fundamental
legal topics.
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