Capell & Howard, P.C

Capell & Howard, P.C., founded in 1947, is based in Montgomery, Alabama with an east Alabama office in the Auburn-Opelika area.

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Firm Overview

The firm provides legal services in Alabama and throughout the Southeast, in addition to serving a number of select national and international clients. Its services encompass a wide range of practice areas in which their attorneys are experienced and recognized. Seventeen of the firm's attorneys (45%) are listed in The Best Lawyers in America, while seven attorneys have been designated as Super Lawyers. These designations have been awarded in the fields of Alternative Dispute Resolution, Construction Law, Labor & Employment Law, Real Estate, Corporate Law, Commercial Litigation, Trusts & Estates, Family Law, Tax Law, and Employee Benefits.

As the Alabama member of SCG Legal, Capell & Howard has access to a network of capital-based attorneys in each of the 50 states, as well as attorneys in many foreign countries. This positions the firm to serve clients' needs in multi-state transactions and at all levels of government.

Capell & Howard is proud of its heritage of public involvement, and particularly of those attorneys who have gone from this firm into government service, including George Beck, United States Attorney for the Middle District of Alabama; Constance S. Barker, Commissioner, United States Equal Employment Opportunity Commission; David B. Byrne, Jr., Chief Counsel to the Governor of Alabama; Neal H. Acker, Counsel, Alabama Housing Finance Authority; Richard F. Allen, former Commissioner of Prisons and former Chief Deputy to the Attorney General, State of Alabama; Champ Lyons, former Justice on the Alabama Supreme Court; Kenneth D. Wallis, former Chief Counsel to the Governor of Alabama; and Judge John L. Capell (retired), Circuit Court of Montgomery County, Alabama.
Main Office

Main Office
150 South Perry Street
Montgomery  AL  36104

Phone
  • (334) 241-8061
Employment
Employee Benefits
Capell & Howard routinely provides advice and assistance with respect to employee benefits and ERISA matters. Our employee benefits attorneys assist clients with respect to the legal and tax aspects of executive compensation, employment contracts, employee benefits, non-qualified deferred compensation arrangements, and qualified retirement plans, including pension, cash balance, profit-sharing, section 401(k), section 457, money purchase pension, employee stock ownership and cafeteria plans. Our employee benefits services include advising clients with respect to the implementation, operation and termination of employee benefit plans, design and drafting of plans, obtaining determination letters from the Internal Revenue Service, complying with statutory and regulatory laws, voluntary compliance submissions, and representing clients in connection with compliance issues with the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation.

Richard F. Allen

Richard F. Allen received his undergraduate degree in Mathematics and Chemistry from Florence State College (now the University of North Alabama) and was commissioned a 2nd Lieutenant in the Regular Army of the United States in May, 1963. After seven years on active duty, including tours in Vietnam and Germany, Richard left the active Army in 1970 to attend law school, but he remained a member of the U.S. Army Reserve. While at law school, Richard was the Managing Editor of the Alabama Law Review, was inducted into the Order of the Coif Legal Honor Society, Jason's Senior Honor Society and the Omicron Delta Kappa Honor Society. He was selected by his classmates as the most outstanding graduating senior in 1973.

Richard then clerked for Alabama Supreme Court Chief Justice Howell Heflin before joining Capell, Howard, Knabe & Cobbs P.A. in 1974, where his law practice centered on business and tax law. He became a partner in 1977.

Starting in January, 1979, Allen served as Chief Legislative Assistant for U.S. Senator Howell Heflin in Washington, D.C., but he returned to the firm in August, 1981. In 1985, Richard was elected Managing Partner for the firm, a position he held until January, 1995, when Alabama Attorney General Jeff Sessions appointed him Chief Deputy Attorney General, a position he continued to hold under Attorneys General Bill Pryor and Troy King until he retired from State service in January, 2005. Richard held the honorary position of Civilian Aide to the Secretary of the Army from Alabama from 1998 until 2001. In February, 2005, Richard re-joined the firm in an "Of Counsel" relationship.

In February, 2006, Governor Bob Riley asked Richard to join his Cabinet as the Commissioner of the Alabama Department of Corrections, generally considered one of the most difficult agencies in State government to oversee. In 2007, Richard's work in restructuring and revitalizing the Department was recognized when he was awarded the Auburn University, Montgomery, Innovative Alabama Government Award. Richard held the position of Commissioner for five years. When Luther Strange was elected Attorney General in 2010, he asked Richard to return to the Attorney General's office as Chief Deputy Attorney General, which he did in January, 2011, serving for a year before retiring again, in January, 2012. Richard then once again joined the firm "Of Counsel."

After leaving active duty with the U.S. Army in 1970, and completing law school in 1973, Richard pursued a dual career as a lawyer and an officer in the U.S. Army Reserve. His active duty assignments had included company command in Germany and Vietnam and his reserve assignments included command of the 375th Field Depot in Montgomery, Alabama and the 3rd Transportation Brigade in Anniston, Alabama, a major subordinate command of the III U.S. Army Corps. Richard's ammunition company in Vietnam was awarded the Meritorious Unit Commendation for outstanding performance before, during and after the 1968 Tet Offensive. Some of his military awards and decorations are listed in the accompanying biographical sketch. He retired from military service with the rank of Brigadier General in 1993.

Publications and Lectures
-Lobbying, PACs, and Campaign Finance, 50 State Handbook, (Alabama Chapter), West Publishing Company, 1994
-The Big Eyes Don't Lie, Army magazine, March 1998
-The Most Decorated Ammunition Company in Vietnam, The Army Logistician, September-October 2000
-The Alabama National Guard in Phenix City, Army magazine, August 2005
-Confessions of a (once) Artillery Lieutenant, Field Artillery Journal, July-August, 2001
-Corps Level Logistics; In or Out of Focus, Military Review, September, 1989
-Many articles about the Department of Corrections, the Army in Alabama, and the Korean War in newspapers around the State.
-Presentations to scores of civic clubs and other organizations concerning the Army, the 50th Anniversary of the Start of the Korean War and the Department of Corrections.

Memberships, Affiliations, and Activities
-Former President, Order of the Coif/Farrah Order of Jurisprudence
-Former President, Montgomery Chapter, Reserve Officers Association
-Former Chairman, Capital City Club Board of Directors
-Member, the Association of the United States Army
-Former Chair, Alabama Bar Committee on Disaster Response

Other Professional Experience
-Parliamentary Adviser for Lieutenant Governor Kay Ivey, 2013-present
-Brigadier General, Ret., AUS
-U.S. Army, 1963-1970
-U.S. Army Reserve, 1970-1993
-Commissioner, Alabama Department of Corrections, 2006-2011
-Acting Attorney General of Alabama, February 2004
-Chief Deputy Attorney General of Alabama, 1995-2005; 2011-2012
-Chief Legislative Assistant, U.S. Senator Howell Heflin, 1979-1981
Education
  • University of Alabama
    Juris Doctorate
  • University of Alabama
    Juris Doctorate

Henry C. Barnett

Henry Barnett was admitted to the Alabama State Bar and joined Capell & Howard, P. C. in 1974 after receiving his bachelor of science degree from the University of Alabama and his juris doctorate degree, With Distinction, from Emory University School of Law. While at Emory, Henry served as Managing Editor of the Emory Law Journal and was a member of the Order of the Coif Scholastic Honor Society.

Henry has spent his entire career as a member of Capell & Howard's litigation section, handling a wide variety of cases for almost forty years. For the past twenty-five years he has concentrated his practice primarily in representing management on issues of employment law. Henry's proficiency in that field has been recognized by The Best Lawyers in America and Super Lawyers. His clients include several of some of Montgomery's largest private employers.

Outside the practice of law, Henry is an avid outdoorsman, where he enjoys boating and saltwater fishing, and radio-controlled aircraft.

Memberships, Affiliations, and Activities
-Managing Editor, Emory Law Journal
-Alabama State Bar Section on Labor and Employment
-Alabama Defense Lawyers Association
-Master Bencher, Alva Hugh Maddox Inn of Court
-Federal Bar Association
-Secretary/Treasurer of School of Commerce and Business Administration, University of Alabama Student Government Association
-Society of Pioneers of Montgomery

Education:
-J.D., With Distinction, Emory University, 1974
-B.S., University of Alabama, 1971

Bar Admissions:
-Alabama, 1974

Admitted to Practice
-U.S. Court of Appeals for the Eleventh Circuit
-U.S. District Court, Northern District of Alabama
-U.S. District Court, Middle District of Alabama
-U.S. District Court, Southern District of Alabama

Honors and Awards
-The Best Lawyers in America
-Order of the Coif
Education
  • Emory University
    Juris Doctorate
  • Emory University
    Juris Doctorate

Richard F. Calhoun, Jr.

Richard Calhoun concentrates his practice in the areas of corporate and business law, public finance, and taxation. Richard's corporate and business law practice principally consists of advising clients with respect to the formation, financing, operation, and disposition of business entities, including mergers and acquisitions and private securities offerings. In his public finance practice, Richard has served as bond counsel to municipalities, counties, boards of education, industrial development boards, and other public corporations and authorities throughout Alabama.

Memberships, Affiliations, and Activities
-Alabama State Bar Tax Section
-National Association of Bond Lawyers
-Board of Directors, ClefWorks, Inc. (2009-2012)
-Emerge Montgomery Torchbearers Leadership Class (Inaugural Class)

Education:
-J.D., The University of Alabama, 2007
-B.S., The University of Alabama, 1999

Bar Admissions:
-Alabama, 2007

Honors and Awards
-University of Alabama Federal Tax Clinic Scholarship
Education
  • The University of Alabama
    Juris Doctorate
  • The University of Alabama
    Juris Doctorate

Bruce J. Downey

Bruce Downey was admitted to the Alabama State Bar in 1972. He received his A.B. in 1965 and his J.D. in 1972 from the University of North Carolina after service in the U.S. Navy, including a tour with the River Patrol Force in the Republic of Vietnam during 1967-68. Bruce was a member of Phi Delta Phi and was on the staff of The North Carolina Law Review. He received an LL.M in Labor and Employment Law in 1977 from George Washington University while serving as resident partner in the firm's Washington, D.C. office. Bruce is a native of Montgomery, Alabama but grew up on the coast of North Carolina. He is an avid sailor and has sailed across the Atlantic Ocean on a forty-three foot sailboat.

While Bruce handles the full variety of labor law matters, from union elections to grievance arbitration and contract negotiations, and has appeared in many N.L.R.B. proceedings, the bulk of his practice is in the counseling of employers about employment law matters and defending employment law claims. Bruce has authored several employment-related publications, including employee handbooks for his various corporate clients and guides for various continuing education companies. He provides seminars for his clients on a wide range of topics. Bruce has been active in the Labor and Employment Section of the Alabama State Bar, including service as its chairman.

Memberships, Affiliations, and Activities
-North Carolina Law Review
-Chairman, Alabama State Bar Labor and Employment Section
-North Carolina State Bar
-District of Columbia Bar

Other Professional Experience
-Lieutenant, U.S. Navy (1966-69), River Patrol Force, Vietnam (1967-68)

Education:
-LL.M., George Washington University (Labor), 1977
-J.D., University of North Carolina, 1972
-A.B., University of North Carolina, 1965

Bar Admissions:
-Alabama, 1972
-North Carolina, 1972
-District of Columbia, 1977

Admitted to Practice
-U.S. Supreme Court, 1977
-U.S. Courts of Appeals for the Fifth Circuit
-U.S. Courts of Appeals for the Eleventh Circuit
-U.S. Courts of Appeals for the District of Columbia Circuit
-U.S. District Court for the Northern District of Alabama
-U.S. District Court for the Middle District of Alabama
-U.S. District Court for the Southern District of Alabama
-Various Federal Courts in North Carolina
-Various Federal Courts in the District of Columbia

Honors and Awards
-Super Lawyers
-The Best Lawyers in America
-Phi Delta Phi
Education
  • George Washington University
    LL.M.
  • George Washington University
    LL.M.

Henry H. Hutchinson

Henry H. Hutchinson is a shareholder in Capell & Howard, P.C. His legal practice encompasses a broad range of activities in the business law area, with an emphasis on mergers and acquisitions. Hank advises clients regarding matters concerning organizational and operational legal issues, tax and securities laws, and certain regulatory-compliance-related matters. He has represented taxpayers in controversies with the Internal Revenue Service and the Alabama Department of Revenue in various forums.

Hank has been a principal author of, or contributor to, a number of Alabama acts, including the Alabama Uniform Disclaimer Act, the Alabama Taxpayers Bill of Rights and Uniform Revenue Procedures Act, and the Alabama Interstate Banking Act. He and other members of the firm advised the Joint Fiscal Committee of the Alabama Legislature regarding significant tax legislation enacted in 2001 and 2003.

Hank has spoken on a number of business law subjects at a variety of seminars sponsored by the Alabama State Bar, National Business Institute, Inc., Alabama Community Bankers Association, and other organizations. He has authored articles on several tax and securities law subjects.

Hank is a Fellow of the American College of Trust and Estate Counsel, a Trustee of the American Institute on Federal Taxation, Past Chairman of the Alabama Federal Tax Clinic, and Past Chairman of the Alabama State Bar Tax Section. He is a member of the Planning Committee of the Southeastern Business Law Institute. He is listed in The Best Lawyers of America under corporate and tax law.

Publications and Lectures
-Henry H. Hutchinson and Carroll Sullivan, Federal Regulation of the Going Private Phenomenon, 6 CUMB. L. REV. 141 (1975)
-Interstate Banking (Alabama section), published by the State Capital Law Firm Group (1996)
-Master Guide to State Taxation (Alabama section), Tax Analysts' State Tax OneDisc (2001)

Memberships, Affiliations, and Activities
-Member, Alabama State Bar Tax Section Chairman (1990-91)
-Member, American Bar Association Business Law Section - Committee on Mergers and Acquisitions
-Fellow, American College of Trust and Estate Counsel
-Trustee, American Institute on Federal Taxation
-Past President, Alabama Federal Tax Clinic
-Past Chairman, Montgomery Estate Planning Council
-Chairman, Montgomery Academy Foundation
-Member, Alabama Law Foundation
-Director, Montgomery YMCA Foundation
-Past President, Central Alabama Community Foundation, Inc.
-Articles Editor, Cumberland Law Review (1974-75)

Other Professional Experience
-First Lieutenant, U.S. Army, Signal Corps (1969-72)

Education:
-LL.M., New York University (Taxation), 1976
-J.D., cum laude, Cumberland School of Law, 1975
-B.A., University of the South, 1969

Bar Admissions:
-Alabama, 1975

Admitted to Practice
-U.S. District Court for the Middle District of Alabama
-U.S. Tax Court, 1978
-U.S. Court of Appeals for the Eleventh Circuit, 1988

Honors and Awards
-The Best Lawyers in America, 1987-2014
-Alabama State Bar President's Award, 2012
-Super Lawyers - Mergers and Acquisitions, 2009-2014
-Best Lawyers - Montgomery Tax Lawyer of the Year, 2011
-Best Lawyers - Montgomery Corporate Lawyer of the Year, 2012
Education
  • New York University (Taxation)
    LL.M.
  • New York University (Taxation)
    LL.M.

R. Brooke Lawson

Brooke Lawson is a partner in the firm's litigation section. He concentrates his practice in the areas of construction law and commercial and business litigation.

Brooke has experience representing general contractors, design professionals, subcontractors, owners and developers in all aspects of construction disputes before courts and arbitration panels, including construction contract negotiation and drafting and pre-claim counseling during the construction process. He has represented clients on all aspects of construction projects, including the preparation and negotiation of contract documents, bid disputes, delay claims, defective work claims, and payment disputes.

Brooke has been involved in a number of matters involving work-site accidents and injuries and he has advised clients on OSHA compliance and safety issues.

Brooke's practice has also included a variety of commercial and business litigation matters, including state and national consumer class action defense, products liability, personal injury, insurance defense, premises liability, collections, and employment issues.

Brooke is admitted in both Alabama and Georgia. He received his B.A. in 1988 from the University of Alabama and his J.D. in 1994 from Cumberland School of Law. In 1996, Brooke earned his LL.M. in Environmental Law from George Washington University.

Publications and Lectures
-Author, Alabama Lien Law, Lienlaw Online (2001)
-Author, Mechanics' Liens, Bonds, and Timing, Lorman Education Services (1998)
-Author, Liability of Architects and Engineers in Alabama, Lorman Education Services (2002)
-Author, Environmental Issues in Public Contracting, Lorman Education Services (2002)
-Author, Perfecting and Enforcing Mechanics' and Materialmen's Liens in Alabama, Lorman Education Services (2003)
-Instructor, How to Handle an OSHA Inspection

Memberships, Affiliations, and Activities
-Alabama State Bar
-State Bar of Georgia
-Alabama Defense Lawyers
-Federal Bar Association
-American Bar Association (Litigation Section; Committee on Construction Litigation)
-Registered Mediator, Alabama State Bar's Center for Dispute Resolution
-Editorial Board, ADLA Journal
-Southeast YMCA - Board of Directors
-Child Protect - Board of Directors; legal counsel
-Certified Guardian Ad Litem

Education:
-LL.M., George Washington University (Environmental), 1996
-J.D., Cumberland School of Law, 1994
-B.A., University of Alabama, 1988

Bar Admissions:
-Alabama, 1995
-Georgia, 1994

Admitted to Practice
-U.S. Court of Appeals for the Eleventh Circuit
-U.S. Court of Appeals for the District of Columbia Circuit
-U.S. District Court for the Northern District of Alabama
-U.S. District Court for the Middle District of Alabama
-U.S. District Court for the Middle District of Georgia
-U.S. District Court for the Northern District of Georgia

Honors and Awards
-Rated A-V Preeminent
-Selected for inclusion in The Best Lawyers in America
Education
  • George Washington University (Environmental)
    Juris Doctorate
  • George Washington University (Environmental)
    Juris Doctorate

William K. Martin

William Martin was admitted to the Alabama State Bar in 1971. He received his B.A. from The University of the South and his J.D. from the University of Virginia. William was a member of Phi Beta Kappa, Omicron Delta Kappa and Blue Key Honor Society, and is a native of Montgomery.

William is listed in The Best Lawyers in America. He concentrates his practice in the area of real estate and banking, and routinely represents lenders and developers of shopping centers, multifamily properties and office buildings. In addition, William serves the firm as its Managing Director.

Memberships, Affiliations, and Activities
-Chairman, Alabama State Bar Real Property, Probate and Trust Section (1988-89)
-The Federalist Society
Education
  • University of Virginia
    Juris Doctorate
  • University of Virginia
    Juris Doctorate

Patricia R. Osuch

Patricia ("Trisha") Osuch concentrates her practice in the areas of employment law and general civil litigation. Trisha practices in both State and Federal Court where she has represented both plaintiffs and defendants in civil actions. She also has experience in administrative proceedings with the Alabama Department of Industrial Relations and with the Alabama State Personnel Board.

A native of upstate New York, Trisha was raised in Montgomery and is active in the professional community.

Memberships, Affiliations, and Activities
-Associate Editor, Syracuse Law Review
Education
  • Syracuse University College of Law
    Juris Doctorate
  • Syracuse University College of Law
    Juris Doctorate

Clinton A. Richardson

Clinton Richardson concentrates his practice in the area of civil litigation. Born in New Orleans, Louisiana, Clinton received his undergraduate degree in Criminal Justice, with a minor in Psychology from The University of Alabama and his J.D. from Thomas Goode Jones School of Law at Faulkner University. While in law school, he was a member of the Board of Advocates, participated in multiple advocacy competitions, and served as an Editor on the Faulkner Law Review.

Memberships, Affiliations, and Activities
-Kiwanis Club (2013-14)
-American Inns of Court, Hugh Maddox Chapter
-River Region United Way, Loaned Executive (2013-14)
-River Region United Way, Board of Directors
-Montgomery Museum of Fine Arts, Junior Executive Board (2013-14)
-The Alabama Lawyers Association
-The Capital City Bar Association
-The Alabama Defense Lawyers Association
-Research Assistant
-Board of Advocates
-Law Review Editor
-Externship at the Alabama Attorney General's Office
-Phi Alpha Delta-Legal Fraternity
-Academic Success Student Mentor
Education
  • Thomas Goode Jones School of Law
    Juris Doctorate
  • Thomas Goode Jones School of Law
    Juris Doctorate

James M. Scott

Jim Scott was admitted to the Alabama State Bar in 1961. He received his B.A. in 1958 from the University of the South, and attended law school at the University of London and received his J.D. in 1960 from the University of Alabama, as well as his LL.M in taxation from New York University in 1962. While in law school, he was an Editor of the Alabama Law Review and the Editor-in-Chief Mahout of the University of Alabama Literary and Humor Magazine, and was selected for ODK. After law school but prior to beginning the practice of law, Jim was a member of the U.S. Army 20th Special Forces.

Jim taught the Alabama Bar Review course on Corporations for over 15 years, and also lectured in the areas of Corporations and Estate Planning at the Jones Law Institute. Due to his experience and reputation in the field of law, Jim has been annually listed in The Best Lawyers in America since its inception.

Publications and Lectures
-Instructor in Corporations and Estate Planning, Jones Law School (1964-72)
-Instructor, Wills, Corporations, and Federal Income Tax, Alabama Bar Review (1965-73)
-Many lectures and seminars at various conferences and business groups on tax and corporate subjects

Memberships, Affiliations, and Activities
-Editor, Alabama Law Review
-Editor-in-Chief, Mahout, the Alabama Literary and Humor Magazine
-Chairman, The University of Alabama Federal Tax Clinic (1974-75)
-District Directors and Regional Directors, Tax Liaison Committees, Internal Revenue Service (1974-76)
-Chairman, Taxation Section of the Alabama State Bar (1973-74)
-Past Member, Board of Trustees of the University of Alabama Graduate Tax Program
-Past Officer, Montgomery Estate Planning Council
-Chairman, Alabama Shakespeare Festival (1996- 00)
-President, Montgomery Museum of Fine Arts (1985-87)
-Chairman, Montgomery Area Business Committee for the Arts (1996-98)
-Past President, Arts Council of Montgomery
-Past Director, Capital City Club
-Past President, Montgomery Mental Health Association
-Past Director, Community Action Council
-Board of Trustees, The University of the South (1989 99)

Other Professional Experience
-U.S. Army, 20th Special Forces (1961-64)
Education
  • New York University (Taxation)
    LL.M.
  • New York University (Taxation)
    LL.M.
  • New York University (Taxation)
    LL.M.
  • New York University (Taxation)
    LL.M.

Debra D. Spain

Debby graduated from Auburn University with high honors in 1988. She received her J.D. and an LL.M. in taxation, with high honors, from the University of Alabama. She was an editor of the Alabama Law Review, a member of the Jessup International Moot Court Team, a member of the Moot Court Board, and a finalist in the John A. Campbell Moot Court Competition. Debby has practiced with the law firm of Capell & Howard, P.C., in Montgomery since her admittance to the Bar in 1991. She specializes in estate planning and administration, estate and trust litigation and taxation.

Debby has served as President of the Central Alabama Community Foundation and is a 2006 graduate of Leadership Alabama. She has co-chaired both the professionals section and attorney section of the United Way Campaign. She currently serves on the Board of Trustees for The Montgomery Academy. She is a member of the Advisory Board of ClefWorks, Inc., an organization formed to promote the enjoyment of classical music in a relaxed and social setting. She is a member of First United Methodist Church where she currently serves on the Administrative Board. She is a past board member of the Children's Museum of Alabama, the YMCA Metro Board of Directors, Jackson Hospital Foundation, the Central Alabama Community Foundation, the Montgomery Education Foundation, and the Chamber of Commerce. In 2003, she spearheaded a successful effort to fund and build a Boundless Playground in Vaughn Road Park, a facility designed to accommodate children of all abilities. During her last year as an active Junior League member, she co-chaired another community-wide effort to build Discovery Village, a science-based playground in downtown Montgomery.

Memberships, Affiliations, and Activities
-Alabama Editor, Alabama Law Review
-Jessup International Moot Court Team
-John A. Campbell Moot Court Board
-Accredited Estate Planner, National Association of Estate Planners & Councils
-Montgomery Estate Planning Council
-Graduate of Leadership Alabama, 2006
Education
  • University of Alabama (Taxation)
    LL.M.
  • University of Alabama (Taxation)
    LL.M.

Christopher W. Weller

Chris Weller was admitted to the Alabama State Bar in 1987. He received his B.A. in Political Science from Furman University in 1984 and a J.D., cum laude, from Cumberland School of Law in 1987, where he served as the Casenote Editor of the Cumberland Law Review. Chris is an author and frequent speaker on employment law, trial practice and professional responsibility.

Chris has been practicing labor and employment law for over 20 years and has successfully defended numerous clients in a wide range of lawsuits involving sex, race, age and wage discrimination. Chris has represented the State of Alabama in three large employment class action cases, successfully defeating class certification in one case and decertifying an existing class in another. Chris also has successfully defended and prosecuted wage and hour claims, non-compete agreement claims and ADA accessibility claims.

In addition to his labor and employment practice, Chris serves as counsel for the Alabama House Republican Conference and recently successfully defended several challenges to the Alabama Accountability Act of 2013, which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools. Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of West's annual publication of Lobbying, PACs and Campaign Finance 50 State Handbook.

Chris is married to Julia Weller, the first female Clerk of the Supreme Court of Alabama. Chris and Julie have two children Florence, age 9, attending Montgomery Academy, and Christopher, Jr., who is a third year student at the University of Virginia School of Architecture. When not practicing law, Chris is an avid gardener, runner and backpacker. His bucket list includes backpacking in all the major National Parks in the United States.
Education
  • Cumberland School of Law
    Juris Doctorate
  • Cumberland School of Law
    Juris Doctorate

April D. Wise

April Dunaway Wise concentrates her practice in the area of estate and tax planning and estate and trust administration. She also handles other probate court matters including guardianships, conservatorships, and adoptions. April received her bachelor's degree in accounting, cum laude, from Auburn University in 2004 and her juris doctorate, magna cum laude, from Cumberland School of Law in 2008. A native of Enterprise, Alabama, April served on the Editorial Board of the Cumberland Law Review as the Symposium Editor and served as an Abraham Caruthers Fellow for Cumberland's Legal Research and Writing program. While in law school, April also served as President of the Christian Legal Society.

In addition to the practice of law, April is an adjunct professor at Auburn University Montgomery where she teaches Estate Planning to upper-level under-graduate students and graduate students. April actively serves in numerous civic organizations, including the Montgomery Capital Rotary Club and Montgomery Junior League. April is a member of the Montgomery Emerge Torchbearers Leadership Class IV.

Publications and Lectures

April Dunaway Wise, Analysis of the Alabama Uniform Residential Landlord and Tenant Act: the Changes, the Reasons, the Differences, the Planning, and the Unresolved, Alabama State Bar Real Property, Probate & Trust Section, http://www.alabar.org/sections/real%20property_probate_trust/newsletters... (2008).

Memberships, Affiliations, and Activities
-Montgomery Emerge Torchbearers Leadership Class IV
-Montgomery Capital Rotary Club
-Montgomery Estate Planning Council
-Montgomery Junior League
-Vaughn Forest Baptist Church
-Symposium Editor, Cumberland Law Review
-Alabama State Bar
-American Bar Association
-Wills for Heroes Volunteer
-President, Christian Legal Society
-Alpha Omicron Pi Social Sorority
Education
  • Cumberland School of Law
    Juris Doctorate
  • Cumberland School of Law
    Juris Doctorate

Richard H. Allen

Richard Allen was admitted to the Alabama State Bar in 1997. He received both his B.A. and his J.D., magna cum laude, from the University of Alabama. While at Alabama, Richard was a Senior Editor of the Journal of the Legal Profession, the recipient of the Dean Thomas W. Christopher Prize, and won awards for the best paper in the courses of Decedent's Estates, Patents and Copyrights, and Estate Tax. He also was admitted as a member of Order of the Coif. Richard concentrates his practice in the areas of construction law and commercial and business litigation.

Richard has written and lectured on numerous construction law topics including Critical Contract Clauses, Alabama's Lien Law, Construction Contracting with Public Entities, and Dispute Resolution. Richard is also a member of the Alabama Chapter of the Associated Builders and Contractors and Associated General Contractors.

Publications and Lectures
-Instructor, Recent Developments in Real Property and Probate Law
-Instructor, Alabama Construction Contracting for Public Entities
-Instructor, Construction Law in Alabama: How to Get Paid

Memberships, Affiliations, and Activities
-Alabama Law Institute
-Alabama Defense Lawyers Association
-Alabama State Bar
-Hugh Maddox Inns of Court
-American Bar Association's Forum on Construction Industry
-Associated Builders and Contractors
-Associated General Contractors
-Defense Research Institute
-Alabama State Bar - Construction Law Section
Education
  • University of Alabama
    Juris Doctorate
  • University of Alabama
    Juris Doctorate

Terrie S. Biggs

Terrie Biggs was admitted to the Alabama State Bar in 2002. She obtained her bachelor's degree from the University of North Alabama in 1982 and her juris doctorate degree in 2002 from Jones School of Law, where she served on the Jones Law Review, an officer in Sigma Delta Kappa and a member of the Christian Legal Society.

Terrie began her legal career in 2002 as an associate with George L. Beck, Jr., P.C. Terrie joined Capell & Howard in 2004 and practices in its litigation department with emphasis in employment law, domestic relations, personal injury, criminal defense, civil defense, white-collar defense, and administrative law.

Memberships, Affiliations, and Activities
-Alabama State Bar
-Federal Bar Association, past President
-American Bar Association
-CJA Panel Member
-Hugh Maddox Inns of Court
-Advisory Board member, Mary Ellen's Hearth at Nellie Burge Community Center
-Member, First Baptist Church, Montgomery
Education
  • Jones School of Law
    Juris Doctorate
  • Jones School of Law
    Juris Doctorate

William D. Coleman

Born in New Orleans on Mardi Gras Day, Bill Coleman was reared in Tuscaloosa, Alabama. He obtained his undergraduate degree and his law degree from the Universityof Alabama. In law school, Bill was an editor on the Alabama Law Review, and he graduated in Farrah Order of Jurisprudence (Order of the Coif). Upon graduation he served in the U.S. Army, Military Intelligence, became a company commander, and was awarded an Army Commendation Medal.

Bill has forty years of dispute resolution experience, initially in a diverse civil litigation practice on both sides of the fence, including commercial, personal injury, consumer, product liability, fraud and class actions. Over the years his practice became substantially devoted to representing companies involved in the construction industry. Bill became known nationally as a "construction lawyer" and was invited in 2002 to become a Fellow of the American College of Construction lawyers.

Bill has been engaged in an alternative dispute resolution practice for over 25 years. He is recognized as a talented and successful mediator of all types of civil disputes (excepting domestic relations), including multi-party disputes arising from construction projects. He has served as a neutral mediator in hundreds of cases. Most construction contracts provide for resolution of disputes through arbitration, and Bill has been involved in over two hundred arbitrations as an advocate or arbitrator. Deciding to do what he enjoys most, Bill has recently transitioned his law practice into serving almost exclusively as a neutral mediator or arbitrator for the resolution of disputes.

Any bio of Bill should include mention of his long and dedicated service to his law firm. He has been an integral part of Capell & Howard, evidenced only in part by the length of his service on its board of directors for over 30 years and as its managing director for 15 years until 2010. Additionally, Bill has always been significantly involved in professional, civic and cultural associations within the city and state.
Education
  • University of Alabama
    Juris Doctorate
  • University of Alabama
    Juris Doctorate

J. Lister Hubbard

Lister Hubbard, a native of Montgomery, was admitted to the Alabama State Bar in 1980. He received an A.B.J., magna cum laude, from the University of Georgia, and a J.D from the University of Alabama School of Law as a Hugo L. Black Scholar. Lister concentrates his practice in the areas of construction law, public procurement law, environmental law and commercial litigation.

As legal counsel for the Alabama AGC (Associated General Contractors), he drafted and facilitated passage of comprehensive reform legislation for Alabama's competitive bid law. He has attained statewide prominence in the field of public procurement law, counseling both business and government as well as shaping legislative and regulatory initiatives in the field. Lister is listed in The Best Lawyers in America and also has been designated a "Super Lawyer" in the field of construction law, having litigated a number of construction and procurement cases over the years. In addition to representing trade associations in the construction, road building and engineering fields, Lister served as environmental legal counsel to the Alabama Pulp and Paper Council for many years. He continues to represent industries, businesses and municipalities on environmental compliance and related litigation.
Education
  • University of Alabama
    Juris Doctorate
  • University of Alabama
    Juris Doctorate

Mai Lan F. Isler

Mai Lan F. Isler joined the firm in 2003, and concentrates her practice in the areas of civil litigation and employment law. Mai Lan's practice focuses on representing and advising management on employment matters, including drafting employee manuals and developing employment policies and procedures. She also defends the State of Alabama in several employment class action cases. Mai Lan received her bachelor of arts degree from the College of William and Mary in 1991, and her juris doctorate degree in May 1995 from Texas Tech University School of Law, where she graduated summa cum laude and was an ABA National Moot Court Champion. Mai Lan was born in Danang, Viet Nam, and was raised in Virginia, Germany, Illinois, Georgia, and Maryland as the daughter of an Army officer.

Prior to joining Capell & Howard, Mai Lan practiced law in Texas and Virginia, and served as Adjunct Professor and Moot Court Advisor for the College of William and Mary School of Law. While in Texas, she practiced in the Dallas office of Jones, Day, Reavis & Pogue in the area of commercial litigation and products liability. While in Virginia, Mai Lan practiced with two different law firms in the areas of employment law and general litigation.
Education
  • Texas Tech University School of Law
    Juris Doctorate
  • Texas Tech University School of Law
    Juris Doctorate

Frank H. McFadden

Judge Frank McFadden was admitted to the New York Bar in 1956, and the Alabama State Bar in 1959. He is a native of Oxford, Mississippi and was educated at the local public schools. Since receiving his B.A. in 1950 from the University of Mississippi and his LL.B. in 1955 from Yale Law School, Judge McFadden has practiced law in New York City and Birmingham, Alabama, and served as a United States District Judge for the Northern District of Alabama from 1969 to 1982, (Chief Judge, 1973-82). After resigning from the bench, Judge McFadden served as the general counsel for Blount, Inc. until 1995. He is listed in The Best Lawyers in America.

Since joining Capell & Howard, Judge McFadden has gained state and national prominence for his practice in the field of alternative dispute resolution. Judge McFadden served in the United States Navy from 1944-49 and 1951-53 with service aboard battleships and heavy cruisers in the Atlantic and Pacific Oceans and in Korea. Judge McFadden also served as an assistant professor of Naval Science at the NROTC unit at the University of Mississippi. He held the rank of Lieutenant when separated from the service.
Education
  • Yale Law School
    LL.B.
  • Yale Law School
    LL.B.

Robert T. Meadows

Bob Meadows was admitted to the Alabama State Bar in 1974, after receiving an A.B. in Economics from Davidson College in 1971, and a J.D. from the University of Alabama in 1974. After law school, Bob clerked for Judge R. E. Varner, Middle District of Alabama, in Montgomery, Alabama. Bob is a native of Opelika and serves as the senior member of Capell & Howard's Opelika/Auburn office.

Bob is engaged in a general practice with an emphasis on trial work.

In the past, Bob has served as the President of the Lee County Bar Association and the Alabama State Bar Young Lawyers' Section. He remains active as a member of The Alabama Defense Lawyers Association, Defense Research Institute, and the Alabama Association of School Board Attorneys. He formerly served for 9 years as the Bar Commissioner for the 37th Judicial Circuit. He has been listed in The Best Lawyers in America in the Commercial Litigation category since 2007.
Education
  • University of Alabama
    Juris Doctorate
  • University of Alabama
    Juris Doctorate

J. Scott Pierce

Scott Pierce was admitted to the Alabama State Bar in 1994. He received his B.A. from Auburn University and his J.D. from The University of North Carolina School of Law. Scott is a member of the National Association of Bond Lawyers and practices primarily in the areas of public finance, commercial development, and industrial development. Scott is a native of Montgomery.

Memberships, Affiliations, and Activities
-National Association of Bond Lawyers
-American Bar Association
Education
  • University of North Carolina
    Juris Doctorate
  • University of North Carolina
    Juris Doctorate

Robert D. Rives

Bobby Rives is a native of Huntsville, Alabama, and was admitted to the Alabama State Bar in 1996. He received his B.S.B.A. from Auburn University in Montgomery in 1990 and his J.D., cum laude, from the University of Alabama in 1996. While at the University of Alabama, Bobby was a Student Editor for the American Journal of Tax Policy. In addition, Bobby was awarded the University of Alabama Federal Tax Clinic Scholarship.

Bobby concentrates his practice in the areas of real estate and finance, with a special emphasis on real estate development and commercial lending. He regularly advises clients in the acquisition, development and operation of a variety of commercial and residential real estate projects, such as shopping centers, multifamily properties, condominiums, mixed-use developments and traditional neighborhood developments. Further, Bobby represents landlords and tenants in all types of commercial leasing negotiations.

Bobby routinely represents lenders and borrowers in connection with a wide array of construction and permanent financing facilities, including participating loans, for commercial properties such as shopping centers, apartments, office buildings, hotels and planned unit developments. His practice also involves a special emphasis on representation of lenders making construction and permanent loans for multifamily housing for lower-income households, including loans that are made in connection with HOME loans, Section 42 tax credits and Affordable Housing Program grants. Further, Bobby represents lenders in commercial and residential foreclosures and workouts

Memberships, Affiliations, and Activities
-Student Editor, American Journal of Tax Policy
-American Bar Association
Education
  • University of Alabama
    Juris Doctorate
  • University of Alabama
    Juris Doctorate

W. Allen Sheehan

Allen Sheehan's practice can best be described as general litigation. Allen practices in both State and Federal Court where he has represented plaintiffs and defendants in civil actions. He also has experience in alternative dispute resolution, debt collection, and insurance defense. In addition, Allen represents clients in criminal matters such as DUI defense and parole hearings.

Allen is a native of Montgomery and active in the professional community. In law school Allen served on the Cumberland Law Review, was a member of the Trial Board, and was the winner of the Haley Trial Competition.

Memberships, Affiliations, and Activities
-Montgomery County Bar Association
-President of the Young Lawyers Division of the County Bar
-Mountgomery County Volunteer Lawyers Program, Member of Board of Directors
-Alabama State Bar Volunteer Lawyers Program
-Kiwanis Club of Montgomery, Member of Board of Directors
Education
  • Cumberland School of Law
    Juris Doctorate
  • Cumberland School of Law
    Juris Doctorate

C. Clay Torbert

Clay Torbert was born and raised in Opelika, Alabama. He was admitted to the Alabama State Bar in 1992. He received his B.A. in 1987 from Washington and Lee University and his J.D. from The University of Alabama School of Law in 1992, where he was a member of the John A. Campbell Moot Court Board.

Clay is a member of Capell & Howard's litigation section. His practice involves all types of civil litigation at both the trial and appellate levels. His clients include numerous banks and credit unions throughout the State of Alabama. In addition, Clay has significant experience in handling estate and trust litigation matters. He also practices in the areas of ERISA litigation and construction law.

Memberships, Affiliations, and Activities
-American Bar Association Section on Litigation
-Alabama Defense Lawyers Association
Education
  • University of Alabama
    Juris Doctorate
  • University of Alabama
    Juris Doctorate

Barbara J. Wells

-Handles lead-counsel responsibility for large or complex cases
-Repeatedly obtains favorable rulings on key motions
-Draws upon years of experience attained at the side of local federal judges to help clients formulate strategies for successful resolution of litigation
-Uses oral advocacy to effectively obtain desired result
-Advocate and advisor to clients
-Drafts or revises personnel policies and employee handbooks
-Recommends action for employers facing trouble with employees
-Conducts fact-finding investigation
-Manages client work to attain the best result for the lowest expense

Significant Recent Decisions:
-Duncan v. Ala. Dep't of Transp., CV-2013-902143 (Montgomery County Circuit Court)
-Parten v. Alabama Tourism Dep't, CW-2013-01621 (Montgomery County Circuit Court)
-Abrams, et al., v. Tuberville, et al., 3:12cv177-MHT (M.D. Ala.)
-McKitt v. Ala. Alcoholic Beverage Control Bd., et al., 2:12-cv-673-WHA (M.D. Ala.)
-Perry, et al. v. Ala. Alcoholic Beverage Control Bd., et al., 2:11cv-464-WHA (M.D. Ala.)
-Powell v. Doane, et al., 2:12-cv-440-WHA (M.D. Ala.)
-Pinkney v. MOBIS Ala., LLC, 2:11cv244-WKW (M.D. Ala.)
-Adams, et al. v. Attorney General of Ala., et al., 2:11cv621-WKW (M.D. Ala.)
-Hundley v. U. S. Security Assocs., et al., 2:11cv1010-CSC (M.D. Ala.)
-Wood, et al. v. Bailey Harris Constr. Co.,2:11cv136-WHA (M.D. Ala.)
-Mims v. Chilton Med. Ctr., et al., 2:11cv41-MHT (M.D. Ala.)

Memberships, Affiliations, and Activities
-American Inns of Court, Hugh Maddox Chapter - Master Bencher
-Montgomery Education Foundation - Board Member
-Boy Scouts of America - Cub Scout and Webelos Den Leader
-2014 Ecunchatee District Friends of Scouting Campaign Chair
-Bear Exploration Center PTA - Member and Volunteer
-St. John's Episcopal Church - Member & Children's Christian Formation Teacher
Education
  • University of Michigan School of Law
    Juris Doctorate
  • University of Michigan School of Law
    Juris Doctorate

Allison Marshall Wright

Allison Marshall Wright was admitted to the Alabama State Bar in 1996. She received her B.S. in Business from Auburn University in 1991, and her J.D. from Cumberland School of Law in 1996. Allison was raised in Montgomery, Alabama and resides in Auburn, Alabama where she is active in her community and her children's schools.

Memberships, Affiliations, and Activities
-Alabama Bar Association
-Lee County Bar Association
-President, Auburn/Opelika Kappa Delta Alumnae Association
-Parishioner, Holy Trinity Episcopal Church
Education
  • Cumberland School of Law
    Juris Doctorate
  • Cumberland School of Law
    Juris Doctorate

Shapard D. Ashley

For thirty years, Shap Ashley's commercial law practice has focused on real estate development, representation of lenders and borrowers in secured transactions and advising parties in workouts and bankruptcy proceedings. His real estate practice has emphasized the construction, leasing and financing of shopping centers throughout the southeast and the development of planned residential communities. His loan experience includes a wide range of real estate collateral (retail and office space, multi-family housing, industrial plants, health care facilities and agricultural land), as well as related income stream collateral. The balance of his practice includes representing lenders, owners and purchasers of distressed residential and commercial projects and other businesses, with advice on bankruptcy issues being a component of that representation.

Shap is listed in The Best Lawyers in America and Super Lawyers. He is a Fellow of the American College of Mortgage Attorneys, has served as Chairman of the Alabama State Bar Association's Real Estate, Probate and Trust Section and has lectured at seminars presented by the Alabama Bar Institute for Continuing Legal Education and various title insurance companies.

He is the Vice-Chairman of the Board of Trustees for the Alabama Chapter of The Nature Conservancy and serves on the Board of Directors of the Montgomery Area Food Bank, the Feeding America affiliate which serves half of the State of Alabama.

Shap is proficient in German.
Education
  • University of Alabama
    LL.M.
  • University of Alabama
    LL.M.

Chad W. Bryan

Chad is a shareholder in the firm's litigation section, with a concentration on defending claims for personal injury/wrongful death (including claims for trucking liability, liquor liability, premises liability, and products liability). Chad currently serves as defense counsel for a number of insurance companies throughout the State of Alabama, as well as for various governmental agencies for the State of Alabama.

Chad also devotes a significant portion of his practice to post-judgment and appellate litigation, routinely handling appellate matters in both State and Federal appellate courts. Chad has represented clients in all three State appellate courts and has conducted oral arguments before the Eleventh Circuit Court of Appeal. Most recently, Chad served as lead appellate counsel in class action litigation involving Alabama's Prepaid Affordable College Tuition Program.

Chad believes in fostering client loyalty through efficiency, candor, and personal relationships. To that end, Chad works closely with clients to develop realistic budgets and explore cost-effective approaches to all types of litigation. If early resolution cannot be achieved, Chad advocates for an aggressive approach that will place each case in the best posture for summary judgment, mediation, or trial.

Chad has served as head of the firm's recruiting committee, as well as on the firm's board of directors.
Education
  • University of Alabama
    Juris Doctorate
  • University of Alabama
    Juris Doctorate

Michael P. Dalton

Michael Dalton is a shareholder in the firm's Business Department. His practice includes representation of individuals and businesses in a wide variety of corporate and transactional matters. Michael regularly advises both corporate and non-profit clients in M&A and other reorganization transactions. Michael received a B.A., summa cum laude, from Auburn University in 1998. He received his law degree from Vanderbilt University in 2002, and earned his LL.M. in Taxation from Northwestern University in 2003. Prior to attending law school, Michael worked as a research assistant for a Member of the British Parliament.
Education
  • Northwestern University (Taxation)
    LL.M.
  • Northwestern University (Taxation)
    LL.M.

David B. Hughes

David's practice includes the representation of lenders and parties in commercial and residential real estate transactions. In such capacity, David regularly assists clients in the negotiation and drafting of loan documents, purchase contracts, easements, and leases. David also frequently serves as Alabama counsel in multi-state collateralized loans. David has extensive experience in the area of title insurance and has served as counsel for title insurance companies in defending and resolving title insurance claims. David also regularly represents clients in disputes involving real estate issues.

In addition, David assists clients in the areas of bankruptcy, foreclosures, work outs, and creditors' rights. His practice also includes the representation of parties in probate and conservatorship proceedings.
Education
  • Cumberland School of Law
    Juris Doctorate
  • Cumberland School of Law
    Juris Doctorate

D. Kyle Johnson

Kyle Johnson is a shareholder in Capell & Howard, P.C. Kyle was admitted to the Alabama State Bar in 1975 after receiving his Bachelor of Science degree from Auburn University, where he was a member of Omicron Delta Kappa. Kyle received his Juris Doctorate degree, magna cum laude, from the University of Alabama, where he was a Hugo L. Black Scholar and a member of the Order of the Coif. He also received his LL.M. in Taxation, with honors, from the University of Alabama. Kyle is a native of Auburn, Alabama.

Prior to joining the firm, Kyle served on active duty in the U.S. Army Judge Advocate General's (JAG) Corps, and afterwards, in the Alabama Army National Guard JAG Corps, retiring at the rank of lieutenant colonel. At Capell & Howard, Kyle's practice consists primarily of estate planning and representing professional practices and other business clients. He is listed in The Best Lawyers of America.
Education
  • University of Alabama
    Juris Doctorate
  • University of Alabama
    Juris Doctorate

James H. McLemore

Jimmy McLemore has practiced with the firm for more than 30 years, concentrating in civil litigation concerning business and construction matters, healthcare regulatory issues involving professional and institutional licensure, regulatory compliance, grievances, and certificates of need; environmental claims, public utility matters, and contested cases in various state and federal administrative proceedings.

He regularly appears before the Alabama Public Service Commission in telecommunications and energy matters. He represents the Alabama Industrial Energy Consumers (AIEC), a state-wide coalition of major industrial users of electricity, which advocates energy consumer issues and promotes Alabama industry. In 2013 Governor Robert Bentley appointed Jimmy to the core team of the Alabama Policy Academy to develop a state plan for industrial energy efficiency, an initiative of the National Governors Association, which plan was adopted later that year.

A native of Montgomery, Jimmy graduated (magna cum laude) from the School of Commerce at the University of Alabama. He was president of Capstone Men and Women, official University ambassadors. A Distinguished Military Graduate in Army ROTC, he was an Armor officer M60 A1 battle tank qualified and served in the Army National Guard as a company commander, an aide de camp to Major General William Jackson (former legal advisor to Governor George Wallace) and was awarded two Army Commendation Medals.

In law school at the University of Alabama, Jimmy was a winner of the John A. Campbell moot court competition and an oralist on the national moot court team winning the Southeast Regional title. Following law school, Jimmy completed a clerkship with the Hon. Robert E. Varner, chief judge for the U. S. Middle District of Alabama.

Jimmy is regularly involved with community boards serving as legal counsel to many including Easter Seals, Rotary, Alabama Humanities Foundation, Alabama Writers Forum, The Children's Center a school for special education, and other boards noted below.

Robert F. Northcutt

Bob Northcutt received his B.A. from Birmingham-Southern College and his J.D. degree from the Cumberland School of Law. He has served as a Deputy Attorney General for the State of Alabama for over a dozen years. Bob serves as Co-Chair of the Firm's Litigation Section and is a past member of its Board of Directors. He is a native of Dothan, Alabama and is listed in Best Lawyers in America.

Bob's practice is concentrated primarily in the area of civil litigation including cases alleging wrongful death, personal injury, products liability, commercial disputes, anti-trust, discrimination, insurance fraud, bad faith, asbestos and toxic torts. Bob serves as statewide counsel for at least two Fortune 500 companies, and routinely defends cases throughout the State. Bob has defended numerous state agencies and governmental entities and serves as counsel for the Receivership Division of the Alabama Department of Insurance. He also represents insurers in administrative and regulatory matters.
Education
  • Cumberland School of Law
    Juris Doctorate
  • Cumberland School of Law
    Juris Doctorate

Caty H. Richardson

Caty Richardson obtained her bachelor's degree in Journalism, summa cum laude, from Auburn University in 2001 and her juris doctorate, magna cum laude, from the University of Alabama School of Law in 2004. Caty has practiced with the Estate and Tax Sections of the law firm of Capell & Howard, P.C. since her admittance to the Bar in 2004. In 2011, Caty moved to her hometown of Eufaula, Alabama, and she continues to practice with the firm from Eufaula primarily in the fields of estate and tax planning, estate and trust administration, and estate and trust litigation. She also handles other probate court matters including guardianships, conservatorships, and adoptions.

Caty is a member of the east Alabama Estate Planning Council, the Christ Child Circle service organization, and First United Methodist Church of Eufaula, where she is currently chairperson of the Education Work Area and a Sunday school teacher. Through the Christ Child Circle, Caty is a volunteer with the Boys and Girls Club of Eufaula and a reading partner with children in the Eufaula City Schools. She also works with the Alabama State Bar Volunteer Lawyers Program. Before her move to Eufaula, Caty served on the Compass Bank Young Executive Board, the Montgomery Estate Planning Council Board, and as a member of the Junior League of Montgomery and Birmingham.
Education
  • University of Alabama
    Juris Doctorate
  • University of Alabama
    Juris Doctorate

Lee M. Russell

Lee ("Russ") was admitted to the Alabama State Bar in 1997. He received his B.S. in Business Administration (Accounting) in 1986 from Auburn University, his J.D., summa cum laude, in 1996 from Jones School of Law at Faulkner University, and his LL.M. in Taxation in 2000 from the University of Alabama.

Prior to practicing law, Russ practiced as a Certified Public Accountant in the public, private and governmental sectors and founded and ran a local business. He concentrates his practice in the areas of real estate, business and corporate, and estate planning.

Russ is a member of the Board of Directors of Child Protect, Inc. and is a native of Montgomery.
Education
  • University of Alabama (Taxation)
    LL.M.
  • University of Alabama (Taxation)
    LL.M.

K. Palmer Smith

Palmer Smith was admitted to the Alabama State Bar in 1973, after receiving a B.A. degree in Latin and History at Salem College and her J.D. from the University of Alabama. She served as a student instructor in legal research and writing, and was a member and secretary of the Moot Court Board. She also attended the William and Mary College of Law summer program in Exeter, England. After finishing law school, she pursued additional course work in an M.B.A. program at Auburn University at Montgomery. She is a native of Montgomery.

Palmer has practiced with the law firm of Capell & Howard, P.C. since 1976 almost exclusively in the area of commercial real estate. She routinely represents clients in the acquisition, development, financing, and sale of sites for offices, apartments, hotels, motels, planned unit developments, shopping centers, and timber and farm tracts. She has experience in a broad spectrum of other commercial projects, including toll bridges, golf courses, churches, condominiums, and work outs. She has also handled a number of acquisitions, financing, and partitions of very large timber tracts. She represents lenders in all types of commercial, medical and agricultural loans. She is the past president of both the County and State Bars' Real Property Committees, is listed in The Best Lawyers in America, is a member of Dixie Land Title Association's Governmental Affairs Committee and serves as an adjunct professor at the Thomas Goode Jones School of Law.

In addition to the practice of law, Palmer has served on a number of civic boards, including the Alabama Dance Theatre, the Lighthouse, Regional Council on Alcohol, YMCA Youth Legislature, Junior League of Montgomery and St. Margaret's Hospital Advisory Board where she served as president. She also served as the Regional Member of the National Public Issues Committee of the Associations of Junior Leagues of America and as such helped determine the position of this association on certain national issues for several years. She has been on the Board of the Montgomery Christian School and currently is serving as its President.

Palmer is active in her parish church, having served as a member of the vestry as both a Junior and Senior Warden, as a member of the parish counsel, as president of the parish counsel, as a Sunday school teacher, an acolyte trainer, a youth advisor, and a delegate to the Diocesan Convention several times. She has been actively involved in a number of youth programs within her parish as well as several outreach programs. Palmer is also a member of the Order of the Daughters of the King.
Education
  • University of Alabama
    Juris Doctorate
  • University of Alabama
    Juris Doctorate

James N. Walter, Jr.

Jimmy Walter has 30 years of experience in all types of civil litigation in state and federal courts. He has extensive experience in business litigation, including consumer fraud, accounting, antitrust, banking, class action, contracts, governmental, and insurance litigation. He has also defended numerous manufacturers and suppliers in products liability cases. In recent years, Jimmy has obtained the dismissal of a civil RICO case against an insurance agency, the dismissal of numerous cases against out-of-state corporations for lack of personal jurisdiction in Alabama, and the highly-publicized reversal of a Medicaid fraud verdict against a pharmaceutical manufacturer. He is listed in The Best Lawyers in America and Alabama Super Lawyers in the specialty of commercial litigation.

Jimmy is a certified mediator registered on the Alabama State Court Mediator Roster.

Jimmy obtained his undergraduate degree from Washington & Lee University (cum laude) and his law degree from the University of Alabama (summa cum laude) where he served as Editor-in-Chief of the Alabama Law Review. Upon graduation, Jimmy clerked for the Honorable Truman M. Hobbs, United States District Judge for the Middle District of Alabama.

Jimmy is the co-chair of the Litigation Section of the firm. He has served as a Bar Examiner of the Alabama State Bar and is heavily involved in numerous professional, church and civic organizations, including the Episcopal Church of the Ascension, Montgomery YMCA Endowment Foundation and Hemophilia and Bleeding Disorders of Alabama.
Education
  • University of Alabama
    Juris Doctorate
  • University of Alabama
    Juris Doctorate

M. Courtney Williams

Courtney's law practice involves advising companies on all aspects of their business, including employee benefits, mergers and acquisitions, securities, and federal, state, and local tax matters.

In connection with his employee benefits practice, he regularly represents clients in connection with the formation, operation, and termination of employee benefit plans. In addition to the design and drafting of these plans, Courtney handles compliance matters involving the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation.

Courtney's federal, state, and local tax practice includes representing clients with respect to federal, state, and local tax disputes. Courtney also advises clients with respect to planning, formation, operation, and termination of companies, including mergers and acquisitions and securities issues. Courtney has experience in drafting purchase agreements, private placement memorandums, limited liability company operating agreements, and corporate buy-sell agreements. He has utilized these and other agreements to accomplish his clients' business objectives while minimizing the tax consequences.

In addition to representing business clients with respect to state and local tax matters, Courtney has represented the Alabama Legislature in connection with certain Alabama tax legislation. As such, he advised the Legislature and participated in the drafting and amending of legislation.

Courtney is a native of Lanett, Alabama.
Education
  • New York University (Taxation)
    LL.M.
  • New York University (Taxation)
    LL.M.
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