Max Cassady

Martindale-Hubbell® AV Preeminent

Board Certified Civil Trial Advocate 

Best Lawyers Professional Liability (2010-2015) 

Best Lawyers Personal Injury (2010-2015) 

Super Lawyers employment law (2009) 

University of Alabama School of Law (1987-1990)

Alabama Law Review (1988-1990)

Book award for highest grade in Property I (1987)

Book award for highest grade Property II (1988)

Tulane Law School Visiting Student (1990)

Law Clerk to Chief United States District Judge Alex T. Howard, Jr.  (1990-1992)

Johnstone, Adams (1992-1993)

Burns, Cunningham & Mackey, P.C.  (1993-1995)

Editorial Board of the Alabama Lawyer (2011-2017)

Publication, "Tortfeasors Dressed in White"

​County Attorney, Conecuh County 2000-2005

2009 Jury Verdict on all counts, upholding Last Will & Testament, upholding a deed signed just before death, and upholding a beneficiary designation for life insurance benefits signed just before death.  Mr. Cassady  has tried many criminal cases in Conecuh County to not guilty verdicts, including a complete acquittal on all counts in a murder/manslaughter case.  In 1996, he filed a fair housing case that attacked systematic discrimination against blacks in West Mobile apartment complexes. The United States Justice Department intervened and the case settled for a then national record $1.8 Million. (Mobile Press Register, June 19, 1996).   He successfully defended a municipal judge accused of legal malpractice related both to his duties as a judge and as a private lawyer.  In 1995 in State v. Bonner, Mr. Cassady defended a battered woman in a murder cas in which Harper Lee, the writer, was on the venire from which a jury was selected.  Ms. Lee was struck by the State for its 6th strike and she did not serve on the jury.   The jury convicted the battered woman of manslaughter, but Mr. Cassady appealed and the conviction was reversed.   His client spent a total of two days in jail during the process.  (Bonner v. State, 740 So. 2d 439 (Ala. Crim. App. 1998))  To see the strike list, click here.)

Legal Malpractice Results.

$2,500,000 recovered where a personal injury attorney committed mass tort legal malpractice.

$1,700,000 recovered where a personal injury attorney committed mass tort legal malpractice.

$750,000 recovered where attorney committed legal malpractice in a wrongful death case.

$500,000 recovered where attorney commmitted gross trust account negligence in handling money of investors.

$250,000 value recovered where attorney deeded present life estate in property to himself in violation of fiduciary duty.

Judgment in excess of $1,000,000 judgment on legal malpractice claim arising out of estate matter.

 Reported Cases: Ex parte Partners in Care, Inc., 2007 Ala. LEXIS 267 (Ala. 2007)(Conecuh County); Padgett v. Conecuh County Comm'n, 901 So. 2d 678, 2004 Ala. LEXIS 254 (Ala. 2004)(Conecuh County); S. Pine Elec. Coop. v. Burch, 878 So. 2d 1120, 2003 Ala. LEXIS 326 (Ala., Oct. 24 2003); Prescott v. Baker, 644 So. 2d 877 (Ala. 1994); Bonner v. State, 740 So. 2d 439 (Ala. Crim. App. 1998)(Monroe County); Boykin v. State, 698 So. 2d 241 (Ala. Crim. App. 1996); BancTrust Co. v. Griffin, 963 So. 2d 106 (Ala. Civ. App. 2007); Ex parte Ala. Power Co., 863 So. 2d 1099 (Ala. Civ. App. 2003); AAA Cooper Transp. V. Philyaw, 842 So. 2d 689 (Ala. Civ. App. 2002); Register v. McGloon, 771 So. 2d 488 (Ala. Civ. App. 2000); Ponder v. Lincoln Nat'l Sales Corp., 612 So. 2d 1169 (Ala. 1992); Bledsoe v. Cleghorn, 2007 Ala. Civ. App. LEXIS 225 (Ala. Civ. App. 2007); Elliott v. International Paper, Supreme Court of Alabama (2011)(Conecuh County).

Links with Conecuh County Information:

State Archives on Conecuh County
Conecuh County, Alabama - Wikipedia, the free encyclopedia
1881 Publication on History of Conecuh County
Public Schools in Conecuh County
Census Facts on Conecuh County
Conecuh County Public GIS Website
Conecuh County Landfill Dispute
Conecuh County Sausage
Utopia ("Topie") Cassady

Best Paper in Class Award: Estate Planning

Best Paper in Class Award: Wills and Trusts 

Best Paper in Class Award: Tax I

Best Paper in Class Award: Civil Procedure I

Best Paper in Class Award: Contracts I

Best Paper in Class Award: First Amendment

Best Paper in Class Award: Remedies

Best Paper in Class Award: Constitutional Law I

Best Paper in Class Award: Constitutional Law II

Outstanding First Year Student Award (1998-1999)

Member, Jones Law Review, 2000

2nd Highest Academic Ranking upon Graduation

About Utopia Cassady

Utopia ("Topie") Conger Cassady grew up in Jackson, Tennessee, where her father was a 4 consecutive term mayor and her mother was a public school teacher.   After receiving her Masters in Medical Social Work from Tulane with a Certificate in Gerontology, she began her first career working for the New Orleans AIDS Project at a time when society often treated AIDS patients as lepers.  She continued that work in Alabama for Mobile AIDS Support Services.   She gained further experience in the medical community as a medical social worker at Mobile Infirmary and at the University of South Alabama Medical Center. In 2001 she graduated from law school and was admitted to the Alabama Bar.  Her prior experience in medical social work interacting with Medicare, Medicaid, and the Social Security Administration, provided her with skills not taught in law school. Those skills translated effectively into her wills, trusts, estates, elder law, Social Security disability, and probate practice. Her work has included succession planning and asset protection for families experiencing rapid wealth growth due to oil exploration in Conecuh County, Alabama.    When litigation is necessary to protect clients, she works closely with her partner, who is board certified in civil trial law.   E-Mail Topie. View map showing location of the Fairhope office, which is two doors south from the landmark Fairhope Pharmacy.

Education and Bar Admissions

Centre College, 1983-1985
Louisiana State University, B.A., 1987
Tulane University School of Social Work, MSW. 1988
Tulane University School of Social Work, Certificate in Gerontology, 1988
Alabama State Bar, 2001 - Present
U.S. District Court, Southern District of Alabama, 2002 - Present
U.S. District Court, Middle District of Alabama 2001-Present
Conecuh County Bar Association, 2001-2004
Baldwin County Bar Association, 2005-Present

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$500,000 confidential settlement for Baldwin County developer ​arising out of breach of fiduciary duty relating to trust account

$395,000 Counterclaim jury verdict, Judge Bishop, Baldwin County (2016)

Confidential seven figure environmental damage to commercial premises settlement, Mobile County (2016)

$200,000 public settlement from State of Alabama for DHR worker coerced to resign resulting in denial of due process termination hearing, Montgomery Federal Court

$735,000 automobile judgment from Conecuh County affirmed by Supreme Court of Alabama (2017)(Primary trial and primary appellate counsel)

Policy limits personal injury settlement automobile case, Conecuh County (2017)

Six figure confidential settlement in personal injury to UPS worker, Conecuh County (2017)

Felony charge against client dismissed upon successful motion to suppress, Conecuh County (2017)

Capital murder client released on pretrial bond following concession on record by State that capital offense could not be proven (2017)

Capital murder client plea to Burglary, all charges of violence against another human being dismissed, Covington County (

"I strongly recommend Max Cassady for real estate and professional liability litigation.  He filed suit for us and achieved a confidential settlement that I was completely satisfied with." Nathan Cox, Bellator Real Estate Development, Inc.