9-5-07
Dale Marsh feature
'Country' lawyer sometimes walks in high cotton
By Kay Kirkland
Managing Editor

Dale Marsh considers himself just a country lawyer.
But he's often had a chance to walk in high cotton, rubbing elbows with some pretty big company.
As president of the UA Law School Foundation, Marsh has had an opportunity to meet several U.S. Supreme Court justices, including the late Chief Justice William Rehnquist and black associate justice Clarence Thomas.
"It was a great honor for me," Marsh said one afternoon recently, looking back at photos of some of the justices taken at various foundation events.
"I found them all to be very professional and they were warm, friendly lawyers," Marsh said, admitting that often, the public sees photographs or video of the justices when they are at their most serious or stern.
"When you see them in a social setting, they are very charming people."
Marsh said he still has to pinch himself sometimes to believe that he's been able to interact with people like Associate Justices Antonin Scalia and Ruth Bader Ginsburg, who are not only admired in his career field but respected the world over.
"Only in America could a small town lawyer have an opportunity to meet and converse with some of the most powerful people in the world."
The experiences have been made possible, his peers have said, because of his own hard work, and, at least in part, because of his relationship with the University of Alabama. The strong bond began even before his graduation from the Capstone with a law degree in May 1974 and has continued, with Marsh not only sporting an enthusiasm for UA athletic programs, but championing the UA law school.
He served a two-year tenure as the foundation president, which ended in September 2006, has been active on the Building Excellence Fundraising Committee and was president of the law school's alumni association. In addition, he has produced two law students at the UA. Daughter Katherine earned her law degree in 2004 and John just a few months ago.
"Dale has been an energetic and enthusiastic supporter of the University of Alabama Law School," said Ken Randall, dean of the UA School of Law. "His leadership as president of our Law School Foundation and his service on our Building Excellence Fundraising Committee have been invaluable. Dale is one of the people I know I can always count on. His civic generosity sets an example for the rest of us."
A member of the Alabama Trial Lawyers Association, Marsh has served in several state and national professional organizations. He recently served a term as president of the Alabama Counsel of School Board Attorneys.
His civic efforts led UA officials to name a book store for him in September 2006.
Marsh said he was just doing what he should. He gives much of the credit for his success as an Enterprise attorney to the UA law school.
"If the University of Alabama hadn't given me the opportunity to study law, I'd probably still be farming," says Marsh, borne of a native Coffee County farm family.
"I just feel like I have a lot to pay back to the University of Alabama law school, so I've tried to do what I can," he said. "I'm just your average lawyer. I've just had the opportunity to meet some very distinguished people."
Marsh said he was able to meet the justices primarily during the foundation's annual Albritton Lecture Series, established in by U.S. District Judge Harold Albritton to honor several generations of Albritton family lawyers.
Judge Samuel Alito's appearance in February marked the eighth time a U.S. Supreme Court justice had spoken at the law school.
Marsh said he "really liked" Rehnquist, who came to the Capstone only two years before his Sept. 3, 2005 death at the age of 80.
"Chief Justice Rehnquist loved football," Marsh remembered. "He went to an Alabama game while he was (in Tuscaloosa)."
Marsh said Thomas is also an impressive, humble man who displays a keen understanding of the law.
"He is very unassuming, but a very wise jurist," Marsh said.
Justice Stephen Breyer, who visited the UA in 2006, was very likeable as well, but Marsh said he especially enjoyed the visit this year by Samuel Alito.
"He is probably my favorite," Marsh said, describing Alito as down-to-earth.
"He's a very bright man, of course. He comes from a very conservative background," Marsh said, adding that he likes Alito not just as a person but for his philosophy as a judge. "He tries to follow the Constitution. He doesn't embellish it or take away from it. He just tries to follow the framers' intent."
Sandra Day O'Connor, now retired from the high court, and Anthony Kennedy have also appeared in the lecture series along with Rehnquist, Breyer, Ginsburg, Scalia and Thomas.
Marsh has never tried a case before the Supreme Court, but he has been admitted to practice before the court for many years.
He has argued cases before the 11th Circuit Court of Appeals and U.S. District Judge Myron Thompson a number of times in his career thus far.
For a country lawyer, Marsh realizes, he hasn't done badly.
"I've been blessed," he said. "I've been rewarded more than I deserve."

9-5-07
Dale Marsh main feature
Stories by Kay Kirkland
Portrait by Laura Fezie
Courtesy of The Southeast SunBy Kay Kirkland
Managing Editor

For Dale Marsh, the bottom line isn't recognition or fortune.
It's people.
"What I enjoy more than anything is people," he says. "I like to help people."
In 33 years of law practice in Enterprise, Marsh has had a chance to do just that.
Pouring over law books, creating thousands of legal documents and facing challenges in the courtroom, Marsh has had an impact on many lives, and every one was important.
"It gives you a great sense of satisfaction that you've served your client," he says.
"It's not just another case. Every single client's case is the most important I have. If it's not, it's just a job."
The years haven't dimmed Marsh's enthusiasm for using his legal knowledge and experience to represent individuals, corporations and public boards, often when they've needed help the most.
"I really enjoy my career," he says. "And I look forward to working every day."
Marsh said he enjoys the challenges and takes pride in his work and in the community in which he lives.
He is proud to be "the fifth generation Marsh to live in Coffee County."
He's also proud that Enterprise is the only home of his law practice.
"We came here to stay," he says with a chuckle, thinking back on the family history that shows his great, great grandfather came to Coffee County in 1850.
Marsh's family tree is rich with names like Barley and Beckham, representing families who helped settle the county, which was formed in 1841.
Friends and peers believe Marsh is making his own mark on local history professionally and personally.
The 1991 Enterprise Man of the Year is the husband of the former Joan Warren and father of Katherine and John, both of whom have followed in their father's footsteps, graduating from the University of Alabama School of Law.
Born to farmers Dalbert and Rettie Lou Marsh, who encouraged a strong education for their five children, Marsh grew up in the Asbury community and graduated from Enterprise High School in 1966. He attended Enterprise State Junior College before going to the University of Alabama, where he earned his law degree in 1974.
"The only place I wanted to practice was Enterprise," he remembers. "Here I am. It's been great."
Marsh says practicing law in the community where he grew up has been an advantage, because he knows the conscience of the community.
Yet, his career has been a series of learning experiences, complete with great victories and huge disappointments.
Reflecting recently on his career, Marsh says many cases stand out in his memory.
One involved a widow whose husband had died of a military-related illness. Marsh helped her secure her husband's VA benefits, winning not only the initial trial but the appeal.
"That was very rewarding," he said.
Another memorable case established new law on the suitability aspect of federal securities stock brokerage rules.
In the case, Marsh represented 37 Enterprise school teachers who had purchased retirement annuities based on misrepresentations by the agent, and they lost "a lot of money."
Taking the position that the investments were not "suitable" for the teachers, Marsh guided the case to a settlement before trial that helped the teachers who had been adversely affected.
"Every time you win or lose, you learn something, and I think that makes you a better lawyer," Marsh says.
He said even the disappointments are learning experiences.
His most disappointing case involved a woman who lost her car and home in a fire. A lawsuit against a company the family considered responsible for their loss was initially successful, but the decision in favor of Marsh's client was later overturned in a required retrial.
"It still bothers me today," he says with a sadness in his tone. "I have to take responsibility because it was my case."
Disappointment sometimes comes with the job, he says. "I've tried to do my best. Whether win or lose, what matters most is that you did your best."
Marsh says he's especially enjoyed representing the Sessions Company through the years. "We've had good times and bad, but they're great people. It's been a rich experience."
Marsh's life experiences have been rich for other reasons too.
While keeping up an active law practice, he also served in the National Guard and Army Reserve for 31 years, rising through the ranks from private to colonel. He retired in 2001 after serving in a variety of leadership positions, including battalion commander of his home unit, the 31st Support Battalion of Enterprise.
Marsh said he loves the military and the soldiers who protect and serve the country.
He also loves his community, where he has been honored as Enterprise Man of the Year. Active in community service and civic activities, he has served as chairman of the Enterprise-Ozark Community College Foundation. He and his family have been longtime members of the First Baptist Church of Enterprise, where Marsh recently completed a term as a deacon.
Marsh said he's had 33 full years as an Enterprise attorney and he's grateful for all the ways that people have enriched his life through the years, both personally and professionally, and he hopes he's done the same for others.
"I haven't been able to do anything alone," he said. "I've been blessed to do what I do through Him and the help of a whole lot of other people."