Jerry N. Quick Attorney at Law

I was born and raised (reared) in Trussville, Alabama.  When I was born, Trussville was a small country town.  There really wasn’t much to do in a small country town, so when I was not in school or playing baseball, I spent time hunting and fishing.  Since I came from a “financially strained background“, I cut grass during the summer to earn spending money, and even sacked “Bama Fried Pies” to earn spending money.  I was also required to do chores around the house, and help my dad in doing odd jobs to supplement the family income.  (No, I did not get paid for these jobs.)  I pride myself in saying that I am not afraid to do manual labor; even today.

I attended Trussville schools, and graduated from Hewitt-Trussville High School.  I went on to Jefferson State Junior College, and then to UAB where I received my BA degree, with a major in English, and a minor in History; both of which I felt would be beneficial to me for my chosen profession as an attorney.

Prior to graduating from UAB, I took the LSAT (Law School Admissions Test), and was admitted to Cumberland School of Law.  When admitted to Cumberland, I learned that, if I worked full-time (which I had to do to pay for school), that I would be limited on the number of hours that I could take, and that it could take 5-6 years to complete.  For the next year, I did not know what I would do concerning my legal career, when I heard about Birmingham School of Law where I enrolled and graduated with a J.D. (Juris Doctorate) Degree.  I took the Alabama Bar Exam in July, 1976, and was sworn in September 27, 1976.

I have been asked the question many times, “What motivated you to become a Lawyer?”, which is an easy question to answer.  As in many other things, my personal experiences in life have lead me to do a lot of things that I have done in life, but only one that motivated me to become a Lawyer.  When I was fifteen (15), my sister asked me to ride with her to a local restaurant.  While there, the local police pulled up and went into the restaurant.  While there, I had noticed a man sitting at a table by the window eating lunch.  The two (2) police officers approached the man, and the next thing I knew, the police were handcuffing the man, and they brought him out to the police car.  Since cars did not have air-conditioning, my window was down, and I could hear and see everything that was going on.  The man kept asking, “Why are you arresting me?”  The next thing I knew, both police officers were beating the man with ‘billy sticks’, which I felt was wrong, but I was helpless to do anything.  (Don’t get the wrong impression, most police officers are there to ‘protect and serve’, while as in any other profession, there are a few ‘bad apples’.)  Simply put, I wanted to be in a profession where I could make a difference.  

Perhaps the person who has had the most influence on me concerning my legal career is an attorney by the name of Bobby Lee Cook.  I had the pleasure of meeting Mr. Cook at a seminar in Rome, Georgia.  In case you don’t know who Bobby Lee Cook is, he is an attorney who has an astonishing record defending capital murder cases, and, so I have been told, is the basis for the t.v. series Matlock.  For some unknown reason, Mr. Cook befriended me, and, even though he had a place to sit at the main table as a guest speaker, Mr. Cook chose to sit with me at the table I was sitting at.  Mr. Cook gave me some personal advice which has stuck with me throughout my legal career; advice which I still follow today.  Mr. Cook told me to: 1) Get all of the facts, even if they seem insignificant, because cases often turn on the little things; 2) Be innovative, look outside the box, and plan a defense that a jury can believe in; and 3) Believe in your case, don’t let someone convince you that you are wrong.  These are sound principles that every lawyer should live by.

Over the years, I have had the opportunity to be involved in numerous cases which I feel have had an impact on Alabama Law.  One of my very first cases was representing a young man who was charged with ‘highway intoxication’.  This was my first case to go to Trial in front of a jury, and my opponent was one of the State’s best Trial lawyers.  Needless to say, my Client was found guilty and I appealed.  After presenting oral argument, the case was reversed and rendered :not guilty.  Not long after that case, the Statute was repealed, and there is no longer a Statute for ‘Highway Intoxication’.

While the above case was ongoing, I was appointed to represent a Client who was charged with Assault on a Police Officer with a Deadly Weapon.  At the time of the offense, the police officer was working as a security guard, and I argued that the police officer was ‘moonlighting’, and as such was not a police officer in the active discharge of his duties, and that the Statute would not apply.  The Attorney General of Alabama wrote an opinion stating that the police officer, after the first shot was fired, was a police officer in the active discharge of his duties as a police officer, thus the Statute did apply.  The case was affirmed on a 2-1 decision by the Alabama Criminal Court of Appeals.

I filed a Writ of Certiorari with the Alabama Supreme Court, and the Writ was granted. After I argued the case before the Alabama Supreme Court, the case was reversed on an 8-1 decision in favor of my client. The Statute in question was later repealed by the Alabama Legislature.

While I had other cases reversed in the interim, the next case of any significance involved a Real Estate Broker whose license had been revoked by the Alabama Real Estate Commission.  While I do not remember the specific issue(s) involved, the Circuit Court upheld the revocation, and we appealed.  After presenting oral argument to the Alabama Civil Court of Appeals, the case was reversed, and the reversal was affirmed by the Alabama Supreme Court.

Another case of significance that I handled was the case of Ex Parte Stanley Formbe; which was reversed by the Alabama Supreme Court.  In this case, Stanley was charged by a two (2) count indictment; the first count, in essence, charged Misdemeanor DUI, while the other count charged Felony DUI.  I filed a Motion for the State to make an election, and, after arguments, the State dismissed the Misdemeanor DUI.  During Trial, over my objection, the State was allowed to introduce Stanley’s three (3) prior convictions for DUI.  While the State’s case was very weak, the jury returned a guilty verdict, and I appealed.

At the same time this case was pending on appeal, there was another case, Ex Parte Parker, that was pending.  In both cases, the Alabama Supreme Court held that prior convictions could not be introduced during Trial to a jury, but after conviction, the State would have to prove the three (3) priors before it would be a felony.  One additional concern I had concerned jurisdiction, and the Circuit Court’s original jurisdiction.  The Supreme Court did address the issue of jurisdiction, but their decision only confused the issue more.  (If you are an attorney reading this, you need to read the opinion.)

While I am not sure of the exact number of appeals that I have been involved in, I was told by an attorney friend about ten years ago, that, while less than 1% of all cases are reversed, that I have reversed a little over sixty-five percent (65%) of my cases; something I am very proud of. I will continue to pursue appeals on behalf of my Clients in order to get justice in their case; if necessary. 

While my major goal has always been representing my Clients, I have also wanted to earn the respect of my colleagues.  Over the years, I have had attorneys call me to get advice on a case they were handling, or to get my opinion concerning various questions of law.  I have also had Judges to ask my opinion concerning various questions of law.  On One (1) occasion, I sat through a Hearing, and at the conclusion, the Judge took a break and asked me to come to his chambers.  The Judge wanted to know what my ruling would be, and when the Judge made his ruling, the ruling was based on my opinion; which was upheld by the Appellate Courts.  I have also been ready to help the young lawyer with advice and help in getting the information to be better prepared.  I feel that I have been successful in gaining recognition and respect from my colleagues. Call or contact me, and I will be happy to discuss your case with you.

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