Supreme Court of Alabama

Douglas H. Cooner v. Alabama State Bar.

October 8, 20102010 Ala. LEXIS 199

Summary

The Court held that Cooner's appeal was timely because the disciplinary rules incorporate the civil rules when they are silent, permitting a post-judgment motion under Rule 59 to toll the appeal period. It reversed the disbarment order because the Board recited evidence instead of making specific factual findings and legal conclusions for each allegation, preventing meaningful appellate review. The Court also held that a relationship by marriage falls within Rule 1.8(c)'s exception for related clients, so Cooner's preparation of the trust did not violate that rule. No separate opinions were filed.