Beginning April 1, 2023, Frederick A. Erben, Jennifer K. Wales, and the law firm of Beddow, Erben, Bowen & Wales will move the location of their offices to the 3rd floor of the historic Gilbreath Building, located at 2019 Third Avenue North, Birmingham, AL 35203.
1. The Firm concluded a domestic relations case on appeal, involving a fraudulent marriage and fraudulent deeds conveying vast real estate from our client to one of several defendants. On a temporary hearing the trial court heard testimony of the parties and ruled that the real estate transferred by questionable deeds shall be returned to the original owner, our client. The final judgment in this case was entered on a Motion for Summary Judgment, due to lack of genuine issue of any material fact, and the marriage was deemed Void Ab Initio, or void from its inception.
In the forty five plus years of practice, senior partner Frederick A. Erben opined this was the first occasion he had utilized a Motion for Summary Judgment in a domestic relations trial. On appeal by the Defendant, the Court of Civil Appeals affirmed the opinion of the trial court with no opinion. Upon said Defendant’s Application for Rehearing, same was overruled with no written opinion by the Court of Civil Appeals. The Defendant then filed her Petition for Writ of Certiorari to the Alabama Supreme Court, which was also denied.
The Firm also recently settled the related civil action against the Defendant in the Domestic Relations case, in addition to the notary involved and her bonding company. On behalf of our client, we sought compensatory damages and were successful in negotiating and obtaining for our client, financial compensation and the return of personal property items removed from our client’s home by the primary Defendant.
2. The Firm successfully settled a case recovering compensatory damages for a permanently brain injured young man who was shot in the head with a handgun by another young man in a friend’s house. An action was brought against the tortfeasor’s parents under their Homeowners Policy.
3. The Firm successfully settled a case in mediation against an attorney for having sexual intercourse and impregnating a client while representing her in a social security disability case. The firm filed a lawsuit against the lawyer, his firm, and the partners individually, based on claims of, among other things, negligence, wrongful pregnancy, breach of a fiduciary duty, battery, and false imprisonment. On behalf of our client, we sought, among other things, compensatory damages for medical expenses related to her pregnancy and punitive damages against the Defendants. This case operated as partial inspiration for the amendment of the Alabama Rules of Professional Conduct, specifically that:
(l) A lawyer shall not engage in sexual conduct with a client or representative of a client that exploits or adversely affects the interests of the client or the lawyer-client relationship, including, but not limited to:
(1) requiring or demanding sexual relations with a client or a representative of a client incident to or as a condition of legal representation;
(2) continuing to represent a client if the lawyer's sexual relations with the client or the representative of the client cause the lawyer to render incompetent representation.
4. The Firm was involved in the dismissal of a US District Court case involving a client improperly indicted for failing to register as a sex offender upon his return to Alabama after changing his address to and living abroad. At the time of Defendant’s registration, he was told by the clerk he could have only one residence at a time, the new country of residence had no sex offender registration law, and he would not be required to register while a resident of that country. The Defendant was further made to understand he could travel throughout the world without the need to register. A motion to dismiss the criminal action was filed and granted.
The Firm successfully settled a case recovering compensatory damages for our client against a local municipality for assault, battery and improper arrest by a police officer, as well as subsequent harassment and threatening behavior by other members of said municipality’s police force.