On January 1, 1980, Sam Harben and Phil Hartley formed the Gainesville, Georgia, law firm of Harben & Hartley. At the time, they represented three local boards of education in Georgia, but their interest in public education and in the representation of local boards of education was a motivating factor in the decision to form the firm and soon became the focus of the firm's practice. With that focus, the firm eventually limited its practice exclusively to the representation of public educational entities in the state of Georgia. It presently represents over 100 public school districts throughout the state. The firm also serves as general counsel to the Georgia School Boards Association and as an advisor to the Georgia School Superintendents Association and Georgia Association of Educational Leaders. Sam Harben serves on the Board of Directors of the National School Boards Association Council of School Attorneys.
As members of the National Council of School Attorneys, the Georgia Council of School Attorneys and the Education Law Section of the State Bar, the firm stays current on all legal issues at the national and state level. Members of the firm frequently make presentations at educational conferences throughout the state and nation. Sam Harben and Phil Hartley coauthored a book entitled A Guide to School Law in Georgia published by the Georgia School Boards Association.
The firm presently includes four attorneys and one education specialist (a retired educator). The firm takes pride in its accessibility and always having someone available to respond to the legal needs and questions raised by board members, superintendents and school administrators.
Characterizing its practice as a "general practice for a specialized clientele," the firm provides legal advice and expertise to handle any and all needs of a school district: defending districts in federal and state lawsuits involving constitutional questions, voting rights litigation, employment discrimination, civil rights challenges, personal injury, breach of contract or any other issue; representing districts in administrative hearings concerning termination or nonrenewal of employees, student discipline and special education; handling real estate needs including title searches, contract and deed drafting and condemnation; drafting and reviewing other contracts needed to operate the business of the school district, including construction contracts and handling the potential litigation resulting from construction matters; advising administrators and boards on personnel matters from drafting professional development plans to handling EEOC complaints; advising districts on student discipline matters, including the drafting of charge letters, handling of tribunal hearings, state board appeals and OCR complaints; providing advice and assistance on public finance matters from handling tax anticipation notes and SPLOST resolutions to coordinating and serving as general counsel in bond issues.
A short statement of each individual practitioner in our firm follows:
Sam Harben obtained his J. D. Degree from the University of Georgia Law School in 1961 and has represented public school districts in Georgia throughout his legal career. He was a founding partner of Harben & Hartley Law Firm in 1980. He presently serves on the Board of Directors of the National School Boards Association Council of School Attorneys. In addition to his representation of school systems, he has taught school law for teachers at North Georgia College and State University and Nova University. He has published extensively on school law through publications for the Georgia School Boards Association, Advancing Education, Inc., Georgia School Superintendents Association and the Georgia Association of Educational Leaders.
Phil Hartley obtained his J. D. Degree from the University of Georgia Law School in 1979 where he was a member of the Georgia Law Review, Order of the Coif and Phi Beta Kappa. He was a founding partner of Harben & Hartley Law Firm in 1980 and has represented public school districts throughout his legal career. A coauthor of A Guide to School Law in Georgia, he has conducted seminars and training sessions throughout the state and country on issues of school law and published articles on various aspects of school law in numerous publications.
Martha Pearson graduated from the University of Georgia Law School in 1979 where she was a member of the Order of the Coif. In 1980, she began a private practice in Athens, Georgia with an emphasis on civil rights law and represented the interests of the Georgia Association of Educators. In 1990, she became a partner of Harben & Hartley and has represented public school systems since that time.
Cory Kirby graduated from the University of South Carolina with a J. D. Degree in 2000. Before pursuing a legal career, Mr. Kirby worked in higher education culminating his educational profession as an Associate Dean for Student Services at Truett McConnell College. Originally from Hartwell, Georgia, he joined Harben & Hartley in 2000.
Marvene Brooks earned a master's degree in Math Education and a master's and education specialist degrees in Counseling and Guidance from Valdosta State University. She is a former high school teacher, counselor, and Assistant Superintendent for Student Services for the Ware County School System. She retired from public education and joined Harben & Hartley as an education specialist in June, 2000.