Stay current with legal news in Tennessee. This page features the latest news for and about the Tennessee legal community, either produced by the Tennessee Bar Association or collected from news sources.
A recent Nashville Bar Association poll for the Aug. 2 Davidson County General Election shows nearly three-quarters of respondents "highly recommend" or "recommend" incumbent Phillip Robinson for Davidson County Circuit Court, Division III judge, outpacing John W. Heacock (8 percent) and W. Scott Rosenberg (21.4 percent). About 40 percent of the 882 respondents "highly recommended" or "recommended" Rachel L. Bell for General Session judge, while about 10 percent gave the same ranking for Michael Rowan. As to the retention of Court of Criminal Appeals Middle Section Judge Jeffrey S. Bivins, 63.5 percent recommended retention, with only 2.2 percent not recommending. See the results and details on the survey
The Supreme Court decided today not to consider reinstating the government's $550,000 fine on CBS for Janet Jackson's infamous breast-baring "wardrobe malfunction" at the 2004 Super Bowl. The high court refused to hear an appeal from the Federal Communications Commission over the penalty. The 3rd U.S. Circuit Court of Appeals twice had thrown out the fine. WSMV has the AP story
Nashville's Lipscomb University each summer hosts high school students from across the country to participate in a week-long camp that exposes them to various aspects of the legal profession. This year the Tennessee Bar Association’s Public Education Committee partnered with Lipscomb to teach lessons from the American Bar Association’s Civics & Law Academy curriculum and included topics such as distributive justice, procedural justice and corrective justice. Presenters included TBA President Jackie Dixon, Jimmie Lynn Ramsaur, Tyler Yarbro, Rebecca Blair, Shauna Billingsley, Ron Small and Alex Little. The camp closed today with a luncheon honoring the students and their parents, with remarks offered by Bob Wood, partner at Bradley Arant Boult Cummings, and Jimmie Lynn Ramsaur, outgoing chair of the TBA’s Public Education Committee.
2012 Pro Bono Night -- co-hosted by Legal Aid of East Tennessee, the Pro Bono Committee and the Young Lawyers Division of the Chattanooga Bar Association -- recently honored the achievements of a law firm, a philanthropist, a hospital and an attorney. Tennessee Supreme Court Justice Sharon Lee gave the keynote address, saying the United States was founded on the principle of equal justice under the law. The Firm of the Year Award was given to Chattanooga law firm Luther-Anderson. Corrine Allen, executive director of the Benwood Foundation, received the Chief Justice William M. Barker Equal Access to Justice Award. LAET also gave the inaugural Alexander Hamilton Award to Erlanger Heath System. Named after the first lawyer to devote nearly his entire practice to pro bono work, the award honored Erlanger for joining LAET in creating the first medical-legal partnership in Tennessee. Attorney Tiffany Campbell was awarded the Bruce C. Bailey Volunteer Attorney of the Year Award. The Hamilton County Herald has more
The Ins and Outs of Transactional Practice
The YLD will offer its annual Transactional CLE on Oct. 19 from 8:30 a.m. to 4:15 p.m. in Nashville. The six-hour seminar will provide business attorneys with the information, tools and tips needed to successfully handle common business transactions. The seminar will offer an overview of different forms of business entities, with an emphasis on what entities are best for various clients and business plans, as well as the tax implications associated with each. Other sessions will cover a range of issues of interest to transactional lawyers. The day will wrap up with a panel discussion about practical tips for avoiding ethical traps in business transactions.
Details
Producers: Tommy Santel, Mary Beth Haltom
Location: Tennessee Bar Center Register here
American Bar Association YLD – The ABA YLD Annual Meeting will be held in Chicago Aug. 2 to 5. The event features three days of learning and networking and the installation of new officers. The group’s last meeting took place in Nashville in May. Read a report of that event. For general information about the ABA YLD contact Matt Potempa at matt@potempafirm.com or (615) 255-5007.
Blount County Bar Association YLD – For more information about the Blount County YLD contact president George Maifair at george@grmbankruptcy.com or (865) 323-6719.
Chattanooga Bar Association YLD – The CBA YLD will be host a Summer Social and Membership Drive for law clerks and new associates on July 11 at 5:30 p.m. at Big River Grill on Broad Street. All members are invited to attend and are encouraged to bring summer clerks and new associates with them. For more information about the event, contact Ellie Hill at EHill@pbsjlaw.com. For more information about the Chattanooga YLD contact President Eric Burnette at eburnette@bdplawfirm.com or (423) 266-2121.
Jackson Madison County Bar Association YLD – The Jackson-Madison YLD will hold elections in July, at which time Nathan Shelby with Rainey, Kizer, Reviere & Bell will take over as president. On July 12, the TBA YLD will hold its Jackson Membership Event at the Jackson Generals Game. Please contact Shelby at nshelby@raineykizer.com if you would like to join colleagues in an upper deck suite for the game. For more information about the group contact President Terica Smith at terica@wtls.org or (731) 426-1337.
Knoxville Bar Association Barristers – The Barristers will hold its next meeting on July 11 at 5 p.m. at the Bistro, and its monthly happy hour on July 26. The group also is seeking volunteers for its Access to Justice Committee and to help serve breakfast at the Volunteer Ministry Center on July 26. Contact Troy Weston at (865) 544-2010 or tweston@ebtlaw.com for information about opportunities with the committee. Contact Sheila Needles at (865) 292-0000 or sheila.needles@gmail.com for details about the breakfast. In addition, the Barristers are helping recruit volunteers for the Knox County Saturday Bar clinic on July 14 and 28, and for the Blount County Saturday Bar on July 21. The clinics are held from 9 a.m. to noon. The Knoxville clinic takes place at Legal Aid of East Tennessee, 502 S. Gay Street, Suite 404. The Blount County clinics are held at New Hope Blount County Children’s Advocacy Center, 212 Cates Street in Maryville.
Finally, TBA YLD District Representative Ian Hennessey is planning a series of service projects for the area. The "Lawyers for All Seasons" Public Service Project launched this week with an event at the Wesley House Community Center. Lawyers served lunch at the center and shared with the children about what it means to be a lawyer. Other upcoming events include a visit to a local outreach center for the mentally handicapped and a senior center. For more information contact Hennessey at ihennessey@londonamburn.com or (865) 637-0203.
For general information about the Barristers contact President Josh Bond at jbond@hdclaw.com or (865) 546-9611.
Maury County YLD – The Maury County YLD recently elected Douglas K. Chapman with L. Samuel Patterson & Assoc. as the group’s new president. He takes over from Chaz Molder with Hardin, Parkes, Kelley, & Carter. Both work in Columbia. The group continues to plan a summer cookout on the courthouse lawn in honor of all courthouse and legal support staff. Look for additional details to come. For more information about the group contact Chapman at (931) 388-3380 or douglaskchapman@hotmail.com.
Memphis Bar Association YLD – The MBA YLD will host its annual golf tournament Sept. 28 at Glen Eagle Golf Course in Millington. There will be a shotgun start at 1 p.m. Mark your calendar and look for more details to come. For general information about the MBA YLD contact President Abby Webb at awebb@shuttleworthwilliams.com or (901) 328-8223.
Nashville Bar Association YLD -- The NBA YLD will hold the 15th Annual Carbolic Smoke Ball July 14 at the Ruby. The evening will feature a live band and open bar. Funds raised will benefit the Legal Aid Society of Middle Tennessee & the Cumberlands and Davidson County CASA. The planning committee is actively seeking sponsors and selling tickets. Contact Colleen Bracken at colleen.bracken@hospitallaborlaw.com or Will Hicky at whicky@tpmmlaw.com for more information. In addition, on July 18 from 9 to 11 a.m., the group’s Homeless Committee is holding a HELP Clinic at Room in the Inn. It is seeking eight to 10 volunteer lawyers to help serve. Contact Tera Rica Murdock at trmurdock@wallerlaw.com for details. For more information about the Nashville YLD, contact President Sara Reynolds at sreynolds@andersonreynolds.com or (615) 942-1700.
Northeast Tennessee Young Lawyers Association – For more information about NTYLA contact President Robert Black at (423) 230-0006 or rblack@rossassociateslaw.com.
Upper Cumberland Young Lawyers Association – The next Upper Cumberland YLA meeting will take place July 19 at 6 p.m. at Foglight Foodhouse in Walling. Please RSVP to Rachel Moses at rmoses@las.org or (931) 528-7436 by July 17. The group also recently announced that it will partner with the TBA YLD to host a Wills for Heroes clinic on Aug.18. Contact Moses for details about that event as well. Finally, the group announced that lawyers who have been practicing for less than five years and want to take appointed cases in the 13th Judicial District must attend a mandatory criminal law seminar on July 31 at the Nashville State Community College, Cookeville Campus. For details contact Jonathan Young at jlyoung@frontiernet.net or (931) 526-3366. For more information about any of the group's activities, contact President Phil Hatch at pahatch@tndagc.org or (931) 528-5015.
The following Wills for Heroes events have been scheduled across the state. Please contact the event organizer for more details or to volunteer. To get involved in the Wills for Heroes Committee or to request a clinic in your area, please contact committee chair Bradley Carter at bcarter@runyonandrunyon.com. Learn more about the Wills for Heroes program
Computer Donations & Troubleshooting
The Wills for Heroes program is in need of donated laptops (either new or used). It also is in need of technical assistance to fix two laptops that currently are not operational. If your firm is interested in contributing computers or donating the services of an IT professional, please contact Wills for Heroes Committee Chair Brad Carter at bcarter@runyonandrunyon.com.
The TBA YLD has been awarded a grant from the American Bar Association YLD to support its Diversity Leadership Institute, a six-month mentoring and leadership program for law students in Tennessee. Special thanks goes to Nashville lawyer Nikylan Knapper with the U.S. Department of Labor, who prepared the grant application. The DLI program, coordinated by the YLD Diversity Committee, will accept applications for the 2013 class this fall. Learn more about the program
TBA YLD members were on hand earlier this month as some 60 new lawyers took part in swearing in ceremonies at War Memorial Auditorium in Nashville. Following introductions and administration of the oath by Chief Justice Connie Clark, the group heard remarks from each justice and TBA President Jackie Dixon. Over 100 of the new lawyers and their families then attended an open house and luncheon at the Tennessee Bar Center. See photos from the event or the list of all new lawyers admitted
The TBA YLD Fellows held its annual meeting and inducted new members at the YLD & Fellows Dinner, held in conjunction with the TBA Convention. New officers elected were President Angelia Morie Nystrom with the University of Tennessee in Knoxville; Vice President Andrew V. Sellers with Purcell Sellers & Craig in Jackson; Secretary Charlotte Knight Griffin with Memphis Light, Gas & Water in Memphis; and Treasurer J. Russell Parkes with Hardin, Parkes, Kelley & Carter in Columbia. Cynthia Richardson Wyrick with Ogle, Gass & Richardson in Sevierville assumed the office of immediate past president.
The group also welcomed nine new members: Tara M. Aaron with Aaron Sanders Law in Nashville; Tasha C. Blakney with Eldridge, Blakney & Trant in Knoxville; Anna Banks Cash with the Office of the 26th District Attorney in Jackson; E. Evan Cope with Cope, Hudson, Reed & McCreary in Murfreesboro; L. Carter Massengill with Massengill, Caldwell & Coughlin in Bristol; Alicia Brown Oliver with Chambliss, Bahner & Stophel in Chattanooga; Candice Reed with Ceridian Corporation in Nashville; and Michael P. Sayne with Pilot Travel Centers in Knoxville. Knoxville lawyer Harry P. Ogden was named an honorary Fellow for his support and mentoring of young lawyers. He practices with Baker, Donelson, Bearman, Caldwell & Berkowitz.
Above: Cindy Wyrick (left) welcomes Harry Ogden as the YLD Fellows 2012
Honorary Fellow
Finally, the Fellows awarded it annual William M. Leech Jr. Public Service Award to former Springfield lawyer and TBA president Larry Dean Wilks, who died Aug. 30, 2011. The award, presented posthumously, recognized Wilks’s service to the practice of law, the bar and the profession. The award was presented by Wyrick and accepted by Wilks' widow Jan and son John. Given annually by the TBA Young Lawyers Division Fellows, the Leech Award is named for former Attorney General William M. Leech. It honors a lawyer who has given outstanding service to the profession, legal system and the community.
Above: Jan Wilks thanks the TBA YLD Fellows for recognizing her late
husband and former TBA president Larry Wilks with the 2012 Leech Award
Law students participating in the YLD’s Diversity Leadership Institute joined lawyers across the state at the TBA Convention in Memphis earlier this month. The group’s activities included a final program that featured young lawyers discussing what they wish they had known when transitioning from law school to law practice and a “speed networking” session with the panelists. Speakers included Mary Beard with FedEx Corporation in Memphis; Robert Gatewood with Farmers Insurance in Memphis; Rachel Moses with the Legal Aid Society in Cookeville; Alexander Wharton with The Wharton Law Firm in Memphis; Paul Whitt with Lewis, King, Krieg & Waldrop PC in Knoxville; and Brian Winfrey with The Winfrey Firm in Nashville.
Above: Memphis lawyer Mary Beard (left) speaks to two members of the
2012 DLI class about practicing in a corporate environment.
Class members also spent an afternoon at the National Civil Rights Museum learning about the role the city of Memphis played in the civil rights struggles of the 1960s. On Saturday, the group participated in a cleanup and painting project at a local Boys and Girls Club.
Above: Members of the 2012 DLI class take a break from working hard at
a Memphis Boys and Girls Club in desparate need of cleaning and repair
The program wrapped up with the class graduation, which was held as part of the annual YLD & Fellows Dinner. Those successfully completing the program were Spencer Bell, Mandy Floyd, Shalondra Grandberry, Joseph Kendrick, William O'Connor, William Terrell and Kenneth Walker from the University of Memphis School of Law; Shalini Bhatia, Ryan Donaldson, Jessica Jackson, and Amy Williams from the University of Tennessee College of Law; and Rachel Kirby and Robin Nicholson from the Nashville School of Law. Learn more about the DLI
David Veile of the Franklin firm of Schell Binkley & Davies LLC took office as TBA YLD president at the division’s annual meeting June 8 in Memphis. Immediate Past President Mason W. Wilson of Memphis was on hand to pass the gavel to Veile. At the meeting, Veile laid out his vision for the coming year. Responding to TBA President Jackie Dixon's plans to improve mentoring and ramp up public education efforts this year, Veile pledged the YLD's support for a more comprehensive TBA mentoring program and for the Law Rules project, which equips lawyers with the information they need to make presentations about the legal system to schools, civics organizations, churches and other community groups.
Veile also pledged to continue the YLD's successful service programs -- including the high school mock trial competition, Wills for Heroes clinics, iCivics training for teachers, Law Day themed-contests and Statewide Public Service Day projects -- as well as serving Tennessee law students through the Judicial Internship Program and Diversity Leadership Institute, and serving young lawyers with quality CLE, skills training and networking opportunities.
Also taking office at the meeting were President-Elect David McDowell with Gearhiser, Peters, Elliott & Cannon in Chattanooga; Vice President Stacie Winkler with Baker, Donelson, Bearman, Caldwell & Berkowitz in Memphis; Secretary Marisa Combs with Lewis, King, Krieg & Waldrop in Nashville; and Treasurer Steven King with Baker, Donelson, Bearman, Caldwell & Berkowitz in Memphis. Two contested elections were decided at the meeting, with Knoxville lawyer Paul Whitt retaining his seat as East Tennessee Governor and Nashville lawyer Mary Beth Haltom being reelected as Middle Tennessee Governor. Both are with Lewis, King, Krieg & Waldrop. Jackson lawyer Ashley Holliday with West Tennessee Legal Services was elected to fill a vacancy for West Tennessee Governor.
Memphis lawyer Gail Ostby Mathes was summarily and temporarily suspended from the practice of law June 26 for failing to respond to the Board of Professional Responsibility regarding a complaint of misconduct. Mathes is now precluded from accepting any new cases and she must stop representing existing clients by July 26. This suspension remains in effect until dissolution or modification by the Supreme Court. Download the BPR release
The high court today let stand, in a 5-4 decision, the centerpiece of President Obama's health care legislation, with Chief Justice John Roberts surprising many by casting the deciding vote and writing the majority opinion. His rationale is that Congress under the Commerce Clause does not have the authority to require people to buy insurance — but it does have the authority to tax people who do not have coverage. The so-called individual mandate embedded in the health care legislation, Roberts wrote, "must be construed as imposing a tax on those who do not have health insurance, if such a construction is reasonable." Read more from NPR and the National Law Journal. Relive the action as it unfolded, from the Blog of Legal Times or read what Tennessee business, health care and political leaders had to say in the Nashville Post.
The Tennessee Bar Association will explore what the next steps will be for the legislation in a July 12 webcast featuring John Voigt of Sherrard & Roe. Learn more or register now.
The deadline for employers hoping to take part in the 2nd Annual TBA Diversity Job Fair is Friday (June 29). This year's job fair is set for Sept. 7-8 in Nashville. Building on the success of last year's event, the 2012 job fair will provide legal employers the opportunity to interview diverse 2L and 3L law students from law schools in Tennessee and surrounding states. Thirty law schools have already signed up. All legal employers in Tennessee are invited to take part, regardless of size or sector. Participants are asked to consider candidates for summer associate positions, clerkships and attorney openings. The event is an initiative of the TBA Committee on Racial & Ethnic Diversity (CRED). For more information contact TBA staff member Lynn Pointer.
A trial date has been set early next year for former Hawkins County General Sessions Judge James Taylor after his attorney entered not guilty pleas to local theft charges. Special presiding Judge Jon Kerry Blackwood set a motion hearing for Nov. 19, with a trial tentatively set for Jan. 28, 2013. Taylor has also pleaded not guilty in Nashville to 41 counts of theft of property, The Rogersville Review reports.
In light of the Supreme Court's decision earlier this week, columnist George Will looks into what the Supreme Court has called “the evolving standards of decency." Originalism holds that the Constitution’s language should be construed to mean what the words meant at the time to those who wrote and ratified the Constitution. On Monday, the court's ruling about punishment vexed the four justices (John Roberts, Antonin Scalia, Clarence Thomas and Sam Alito) most sympathetic to originalism, who dissented. The majority held that sentencing laws that mandate life imprisonment without possibility of parole for juvenile homicide offenders violate the Eighth Amendment. The Leaf Chronicle has the column
Knoxville attorney Bryan Capps is the new president of the Tennessee Association for Justice, succeeding Keith Williams of Lebanon. Bryan Smith of Memphis advances to president-elect. Elected vice presidents were Eric Buchanan of Chattanooga, Jon Peeler of Nashville and Thomas Greer of Memphis. WDEF.com has it
Six of the seven candidates for Hamilton County General Sessions Court judge answered questions at a Wednesday public forum co-sponsored by the Times Free Press and Chattanooga Bar Association. The seat was left vacant after Judge Bob Moon's death. Joe DeGaetano, Valerie Epstein, Yolanda Mitchell, Ron Powers, Gary Starnes and Patricia Best Vital took part in the forum. Interim Sessions Judge David Norton, who is also a candidate, did not attend due to illness. With minor variations each of the candidates said they approved of recording proceedings and would closely scrutinize requests for a court-appointed attorney. All also said they would be accessible after hours to attorneys within the court rules for discussing cases. Read the details and see a picture
The House voted this afternoon that Attorney General Eric Holder Jr. should be held in contempt of Congress for refusing to turn over documents related to the botched "Fast and Furious" gun smuggling operation. The 255-67 vote amounted to "a political spanking" for Holder and President Obama, the Washington Times writes. Seventeen Democrats joined with Republicans in demanding the documents be released. Most Democrats, however, walked out in protest of the vote. It marks the first time an attorney general has been held in contempt by a chamber.
