News

TBJ Covers Jobs, Money Laundering, Estate Planning for Same-Sex Couples

About 25 percent of the students in The Law Launch Project have jobs lined up after graduation -- the Tennessee Bar Journal checks in on them and how the job searches of the other three-quarters of the group are going. Also in this issue, columnists Kathryn Reed Edge covers money laundering, Eddy R. Smith discusses estate planning for same-sex couples, and Bill Haltom has discovered a new toy -- a coloring book for lawyers.

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Email May Not Be Private, Paine Column About Perry March

Email communications -- even between attorney and client -- may be admissible. Find out how to protect electronic client communications in a Tennessee Bar Journal article by Nashville lawyers Kimberly Stagg and John E. Anderson Sr.  Also in the December Journal, read about the Perry March murder trial in a column by the late Don Paine, who died in November. Paine wrote several of his "Paine on Procedure" columns ahead of time, so readers will enjoy his writing for several more months.

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Read Top 10 Changes to Tennessee's Uniform Trust Code

Tennessee's trust law underwent sweeping changes earlier this year, with the explicit goal of making Tennessee a leading contender in the national race for trust business. Tennessee practitioners can learn the top 10 changes by reading the feature article in the new December Journal by the lawyers of Knoxville's Holbrook Peterson Smith PLLC. Note that the printed version of this article contains minor formatting issues, but the online version is correct. Read the text version here or download a pdf. To kick off this holiday month, Tennessee Bar Association President Cindy Wyrick imagines in her column, "It's a Wonderful Association, Thanks to You!" what the state's legal landscape would look like if the TBA had never been "born."

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TJC Foundation Seeks Donations for Paine Scholarship

In honor of the late Don Paine, the Tennessee Judicial Conference Foundation is accepting donations for the Donald Franklin Paine Scholarship. The scholarship is the organization’s largest endowment and rotates annually among students at each of the law schools in Tennessee. In a recent email, foundation president and retired judge Eddie Beckner encouraged Tennessee judges and lawyers to honor Paine's memory with a contribution to the fund. Those wishing to donate, should make checks payable to the Tennessee Judicial Conference Foundation and mail them to the attention of Suzanne Keith, Treasurer, 1903 Division St., Nashville, TN 37203.

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Visitation for Paine Set for Sunday Afternoon

Friends of Donald F. Paine will be received at Mann Heritage Chapel, 6200 Kingston Pike, Knoxville 37919, on Sunday (Nov. 24), from 2 to 4 p.m. Burial will be at a private service at Old Gray Cemetery. Paine died early Monday morning (Nov. 18) at the age of 74. In lieu of flowers, the family asks that donations be made to Legal Aid of East Tennessee, 502 S. Gay St., Suite 404, Knoxville 37902. Read more about Paine's life in this press release from his firm, Paine, Tarwater, and Bickers, or read remembrances from those who worked with him, learned from him, served under his leadership at the TBA in 1986-1987, or benefited from his friendship.

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Knoxville Lawyer Don Paine Dies

Knoxville attorney Donald F. Paine died early Monday morning (Nov. 18). He was 74. A former president of both the Knoxville and Tennessee Bar Associations, Paine also was a founder of the Tennessee Law Institute and a well-known speaker and author. He was a founding member of the Tennessee Bar Journal Editorial Board and wrote a monthly column for the magazine, "Paine on Procedure," since 1989. A graduate of the University of Tennessee College of Law, Paine was of counsel with the firm of Paine, Tarwater, and Bickers LLP. Among awards he had received were the Knoxville Bar Barristers Law and Liberty Award, the Knoxville Bar Association Pro Bono Award, the Tennessee Bar Association Pro Bono Award and the Chancellor's Award from the University of Tennessee. He is the only adjunct faculty member to receive that award.

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Humor: Football Game Prayers and '1st Church of Neyland'

Prayers in Knoxville's Neyland Stadium were never more needed, especially after last Saturday's Auburn game, and Bill Haltom is ready. In this month's humor column, Haltom gives a testimonial about football-game prayers and the First Church of Neyland, where its 100,000 members "pass the orange offering plate seven times a year." Read "Meet me at the 50 … and bring your lawyer" in this month's Journal.

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Paine Explains Lay Opinion, Reviews Lindbergh Book

In the November issue, Tennessee Bar Journal columnist Donald F. Paine explains lay opinion, using as his example the trial of current death row inmate Jerry Ray Davidson. Paine also reviews the book The 16th Rail: The Evidence, the Scientist and the Lindbergh Kidnapping, by Adam J. Schrager, which Paine heartily recommends.

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Copyright Infringement Awards, Increases for Appointed Counsel Covered in This Issue

Nashville lawyer Tim Warnock writes about the best ways to set an appropriate award of statutory damages in a copyright infringement case in the latest issue of the Tennessee Bar Journal. In his regular column, Knoxville lawyer Wade Davies discusses policy changes on mandatory minimum sentences in federal court, rate increases for appointed counsel and more. The Tennessee Supreme Court has raised the caps on payment for counsel representing indigent defendnats in non-capital first-degree murder and Class A and B felonies, Davies writes.  "If anyone thinks people are getting wealthy from representing poor people at state expense, take a look at the rule. The rates have not changed since 1994. The state pays $40 per hour for out-of-court work and $50 for in-court, which does not include the time spent in court waiting."

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New TBJ Features Update on Med Mal

In the November issue, out today, the Tennessee Bar Journal looks at the Tennessee Medical Malpractice Act five years after two important statutes were enacted. Clinton L. Kelly writes about how the appellate courts have interpreted the notice statue and the certificate of good faith law. Also, don't miss words of wisdom from the students of the Law Launch Project, such as: "A group of people thrown into a pit of hell together will either kill each other or band together to fight the evil forces. I think in law school it happens both ways."

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Medicare Terms Still Make a Difference After 'Bagnall' Ruling

In her recent "Senior Moments" column, Knoxville lawyer Monica Franklin details the differences in the Medicare world between the terms "observation" and "admission." The use of one or other of the words can make a huge difference in whether your client will incur extra costs for the hospitalization and whether your client will receive the Medicare benefit to pay for skilled care in a rehabilitation facility. In the column, Franklin references Bagnall v. Sebelius, which at the Journal's press time was pending. Late last month, Judge Michael P. Shea ruled against the plaintiffs and granted the government's motion to dismiss the action.

The plaintiffs' main substantive claim was that observation status violates the Medicare statute because it deprives them of coverage they are entitled to by law. The judge dismissed this claim by relying on a federal appeals court case that held that it is permissible for Medicare to consider someone an inpatient only if she has been formally admitted by a hospital. Franklin notes that the Improving Access to Medicare Coverage Act of 2013 (H.R. 1179), currently in the Subcommittee on Health, provides that a three-day stay in the hospital, regardless of observation or admission status, would allow a Medicare beneficiary to receive benefits to pay for skilled care in a rehabilitation facility.

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Columnists Cover Retaliation, How to Handle a Neighbor's Tree

In this issue of the Journal, Edward Phillips and Brandon Morrow write about retaliation claims and how standards are more difficult under "Nassar" and "Ferguson." Don Paine tells you what the law is when a neighbor's tree's limbs and roots cause problems across the property line. Paine also reviews Duel with the Devil: The True Story of How Alexander Hamilton and Aaron Burr Teamed Up to Take on America’s First Sensational Murder Mystery.

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'Father of Pro Bono' Featured for Pro Bono Month

October is Pro Bono Month, a good time to learn about one of Tennessee's "fathers of pro bono," Pleasant Miller. Read about him and his 19th century colleagues in this Tennessee Bar Journal article by Legal Aid of East Tennessee's Russell Fowler. Don't miss TBA President Cindy Wyrick's column, in which she dreams big about her hope for the profession.

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Law Launch: 3Ls Blog about Life, Law School, Future Careers

This fall, about 740 students in Tennessee began their final year of law school and the daunting task of finding a job after graduation to pay for it. Also facing this year's 3L class is a profession that many say is in the middle of dramatic change. Technological advances and fallout from the recent recession have altered the legal landscape, leaving law students with the challenge of maneuvering their careers in a climate of uncertainty. Have the last few years just been an aberration or are they a sea change? We’ll see what happens with 15 law students as they blog about their experiences this year on The Law Launch Project.

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Learn About Comparative Fault, Cemetery Law

John Paul Nefflen writes about comparative fault in audit malpractice cases in this issue of the Tennessee Bar Journal.  Also, Don Paine explains "cemetery law" -- and a surprising situation involving the body of a former Tennessee Supreme Court justice.

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3Ls Tell it Like it is at The Law Launch Project

"In my previous life, I was a used car salesman," law student Mike Sandler writes. "Now, I’m going to be a lawyer. Depending on whom you ask, I’m either improving my lot in life or taking a step backwards. Either way, I am embarking on a new chapter. Life is messy and law school is no exception." See this and other posts about what the Class of 2014 is up to this week at The Law Launch Project. Read about the venture involving 3Ls from all six of the state's law schools in the Tennessee Bar Journal.

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Book Details Blanton Ouster and Lawyers' Roles in It

In this issue of the Journal, the Hon. Ellen Lyle and the Hon. Walter Kurtz review and give two thumbs up to the book COUP: The Day the Democrats Ousted Their Governor, Put Republican Lamar Alexander in Office Early, and Stopped a Pardon Scandal. Lawyers played a huge role in the events of that day in 1979, and you will recognize many of them, including Justice Joe Henry, Attorney General Bill Leech, Hal Hardin (who was then U.S. attorney), Justice Bill Koch (then deputy attorney general), Lewis Donelson, Tom Ingram, Justice William Harbison, Judge Tom Wiseman, Ed Yarbrough, Hayes Cooney, David Pack, Jack Lowery and more. You can meet author Keel Hunt along with one of the book's main subjects, Sen. Lamar Alexander, on Sept. 20 at a reception, book signing and lecture at the Sarratt Cinema in Nashville. The event is free and open to the public.

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U.S. Attorney Sued to Remove Supreme Court ... in 1870

In this month's issue, Chattanooga lawyer and former TBA president Sam Elliott looks back into history and tells the surprising story of when the U.S. attorney sued to remove half the Tennessee Supreme Court. Another former TBA president, Knoxville lawyer Don Paine, gives practical advice for collecting a judgment. Read these and more in the August Tennessee Bar Journal.

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Journal Seeks Law Student Input for Story

If you are a law student set to graduate in Spring 2014 (or know someone who is), the Tennessee Bar Journal would like to talk to you. The Journal plans to follow several students through their last year of law school to learn what new lawyers are facing, how they approach the job market and how this may or may not differ from expectations. Students would also be asked to blog about their law school experience. Contact Suzanne Craig Robertson by Aug. 1 if you are interested. Include your law school name, areas of legal interest and a short description of your experience in law school so far.

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Review: 'Zubulake's e-Discovery' a Must-Read for Lawyers

If your practice involves e-discovery at all, you know the name Laura Zubulake. Read a review of her new book, Zubulake's e-Discovery: The Untold Story of My Quest for Justice, in this issue. "Her lawsuit resulted in a historic jury verdict and landmark e-discovery opinions that have proven influential not just nationally but also in Tennessee, having been cited by courts across the state," Nashville lawyer Russell Taber writes in his review. "While the Zubulake decisions are well known, her book reveals for the first time what really happened behind the scenes and how she did what she did."

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Ways to Deal with Judicial Diversion Violations

What happens when a defendant who is on judicial diversion violates the terms of the diversion agreement? It may not be as black and white as you think. Knoxville lawyer Wade Davies explains alternatives to revocation of judicial diversion in his Journal column this month.

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Mental Health Records in Custody Proceedings Featured in July TBJ

Nashville lawyer Siew-Ling Shea looks at how mental health records come into play in divorce custody proceedings in the July Tennessee Bar Journal. Knoxville lawyer Don Paine does double duty in this issue with a column on substitutes for dead plaintiffs and defendants and a feature story about the late Chief Justice William J. Harbison.

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Exhaustion Doctrine Detailed in July Issue

Recent court decisions decided the 'Exhaustion Doctrine' differently: soybean seeds went one way and imported textbooks went another. James R. Cartiglia and Nina Maja Bergmar explain it in the latest Tennessee Bar Journal. Also, new TBA President Cindy Wyrick makes her case for this year's work ahead, encouraging lawyers to work together to make a difference.

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Attorneys Honored at 2013 Lawyers Luncheon

Attorneys from across Tennessee were recognized for outstanding works Friday (June 14) during the Lawyers Luncheon at the TBA Annual Convention in Nashville. Among those honored were:

• The late Elizabeth T. Collins, a former Memphis lawyer, who posthumously received the TBA YLD Fellows' William M. Leech Public Service Award.
• Knoxville lawyer Daniel Headrick, who received the Justice Joseph W. Henry Award for his Tennessee Bar Journal article, “How to Act During a Deposition.” Headrick also received the Larry Dean Willks Leadership Award later that day from the members of his Leadership Law class.
• Supreme Court Justice Janice M. Holder, who received the Justice Frank F. Drowota III Outstanding Judicial Service Award for her work with lawyers’ assistance programs and access to justice issues.
• Students Alyssa Neuhof and Jeff Carter for their winning video productions submitted to the TBA's YouTube Video Contest.

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Seersucker: It's Worth Fighting Over

In his column, Bill Haltom takes a poke at the Tennessee legislature -- Guns in Trunks, Don't Say Gay, livestock cruelty -- but what really riles him up is … seersucker.

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