News

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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Know Your Bank Fraud History; Punch Up POA Forms

Nashville lawyer Katie Edge writes in the recent Tennessee Bar Journal about Tennessee's famous bank robbers -- with the spotlight on the Butcher brothers and other fraudsters. In her column, Knoxville lawyer Monica Franklin says to avoid the "plain Jane" durable financial power of attorney and gives tips to punch up the forms you use for DPOAs.

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'Guns in Trunks' Article Updated After AG Opinion Issued

In the new Tennessee Bar Journal, Edward G. Philips and Brandon L. Morrow write about the recent "guns in trunks" law. However, after the article went to print, Tennessee Attorney General Bob Cooper issued an opinion on what limitations, if any, 2013 Tenn. Pub. Acts, Chapter 16, places on employers’ rights to terminate an employee who brings a firearm or firearm ammunition onto the employer’s property. In the opinion, Cooper says the law does not impact the employer/employee relationship ”and does not prohibit an employer from terminating an employee for possession of a firearm or ammunition on the employer’s property. This opinion, Phillips and Morrow say, would have significantly, but not completely, altered the article. "Our advice to employers," they write in an updated electronic version of the article, "would be to tread lightly in this area, or risk being a test case for a terminated permit carrier. In the end, the Tennessee appellate courts will have to decide."

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Richard III Was Unlikely Champion of Equal Access to Justice

King Richard III had a soft side? Well, maybe not exactly, but Russell Fowler explains in this issue of the Tennessee Bar Journal how Richard's actions were among the first to acknowledge a need for equal access to justice.

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California, New Jersey Consider Joining New York With 'Pro Bono Mandate'

Last year, the New York State court system announced its first-of-its-kind 50-hour pro bono requirement for new attorneys. Effective in 2015, every applicant must have completed 50 hours of pro bono legal work. The National Law Journal reports that leaders of the State Bar of California are now poised to adopt a similar rule this fall, while a task force of ­judges, legal educators and attorneys in New Jersey is weighing the merits. In Tennessee, there is no similar requirement for new lawyers or practicing lawyers; however 50 hours of pro bono per year is an aspirational goal outlined in Supreme Court Rule 6.1. Learn more about that in this issue of the Tennessee Bar Journal.

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TBJ: Learn the Details Behind Rule 6.1

Why should you do at least 50 hours of pro bono every year? In the current Tennessee Bar Journal, John T. Blankenship and Alexandra T. MacKay explore the origins and evolution of Tennessee Supreme Court Rule. 6.1. Also, this month marks the 148th anniversary of the explosion of the steamboat "Sultana," which caused more deaths than the Titanic. Jerry O. Potter and Donald F. Paine look into the legal aftermath.

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Taxpayer Relief Act Affects Estate Planning

In his Tennessee Bar Journal column this month, Knoxville lawyer Eddy R. Smith explains how estate planning is affected by the American Taxpayer Relief Act of 2012. Read his column and review the related chart showing the combined federal estate tax and Tennessee inheritance tax exposure for estates through 2016.

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Hearsay Exceptions: What's the Difference?

Knoxville lawyer Donald F. Paine details the differences between Tennessee and federal hearsay exceptions in the current Tennessee Bar Journal.

Know Your Plea Offers

In the recent Tennessee Bar Journal, Knoxville lawyer Wade V. Davies advises readers about plea offers and preventing ineffective assistance of counsel. For one thing, he says, lawyers need to check the sex offender statute every time they have a case, since the standards often change. "In 2010," for example, "the Tennessee Supreme Court noted that the General Assembly had amended the registration act at least 15 times since 2005."

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The 6th Circuit's Take on Student Loan Debt

It's payback time! Third-year Memphis law student Chandler Harris examines the dischargeability of student loan debt in the 6th Circuit. Read his article in the March Tennessee Bar Journal.

Review Gives Thumbs Up to E-Discovery Book

Knoxville lawyer Chris McCarty says one way to alleviate e-discovery anxiety is to read Electronic Discovery in Tennessee: Rules, Case Law and Distinctions, a new book by Nashville lawyer W. Russell Taber III. In his review in the March Tennessee Bar Journal, McCarty recommends you read this book, among other reasons, to keep from drowning in the high seas of data, cloud computing, claw-back agreements and non-waiver orders.

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March TBJ: Tablets Make Partner for Trial Work

Online tools and software geared toward lawyers aren’t new, but in the Tennessee Bar Journal's March issue Stephan Futeral says we are past the days of dragging the laptop into court. In the “Post-PC” era, tablet computing is a game-changer for the 21st-century practice of law -- and you need to be in the game. You can end your week with a laugh as Bill Haltom looks back fondly on the days when he wasn't carrying an iPad, but took the World Almanac to court in his briefcase. Read these and more in the new issue of the TBJ.

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