March, 2008

Cover Story

Two Recent Opinions Shape IRS Access to Work Product

This article raises serious concerns for all business lawyers and, specifically, for tax lawyers. The IRS wants to see your files and those of the accountants with whom and for whom you work!

President's Perspective

The ink was not yet dry on my law license. The attorney with whom I practiced came into my office and told me I would be representing a client in a trial proceeding in criminal court that day. Although one might think I had no time to panic, in the two hours between the discussion and my speeding down the road to court (our offices were about 15 miles...

Letters of the Law

This letter was written to Donald F. Paine, in care of the Tennessee Bar Journal, regarding his November 2007 review of Professor Nancy Isenberg's book, Fallen Founder: The Life of Aaron Burr.

I take issue, respectfully, with you (and Nancy Isenberg) on your review and fulsome appraisal of Aaron Burr. I agree that he was an...

Book Review

By Nader Baydoun and R. Stephanie Good | Thomas Nelson Inc. | $25.99 | 260 pages | 2007

Nashville lawyer and Duke alumnus Nader Baydoun was so puzzled by what he was hearing about the treatment of the accused Duke lacrosse players that he returned to Duke, did his own investigation, and wrote a book about the case.

In A...

Book Review

This book exonerates the three falsely accused Duke lacrosse players. It indicts and convicts three guilty parties:

  1. Prosecutor Mike Nifong, now disbarred;
  2. The "Group" (Gang?) of 88, airhead malicious faculty members; and
  3. The New York Times, the newspaper joke of record.

Read Nader Baydoun's book,...

History's Verdict

The Tennessee Bar Journal welcomes a new column this month. Russell Fowler will look to the past to help inform the practice of today in “History’s Verdict.” His column will appear three times a year.

2015 is the 800th anniversary of the Magna Carta. It is time to pause and ponder its importance and plan how to commemorate this...


20th Judicial District Circuit Court Judge Walter C. Kurtz of Nashville will retire effective March 21 after more than 25 years, to become the state's fifth senior judge. Chief Justice William M. Barker of Chattanooga said Kurtz will be missed as a trial court judge, but will continue to serve Tennesseans in his new position. Senior...


Raising more than $30,000 for charities

Knoxville lawyer and Tennessee Bar Journal columnist Dan Holbrook celebrated his 60th birthday, Feb. 10, by inviting people from all over to help him run 60 miles at the University of Tennessee's Tom Black Track. Instead of gifts, he asked people to donate to one of three charities: Hope...


Former Criminal Court Judge and TBA senior counselor FRED A. KELLY died Sept. 27 at the age of 93. Kelly graduated from the University of Tennessee and later served in World War II, earning the rank of captain. He graduated from Vanderbilt University Law School in 1948 and began practicing law in Gallatin. A native of the city, he went...

Licensure & Discipline


Delores Charlotte Korb of Santa Fe, N.M. has complied with Section 20 of Supreme Court Rule 9, which requires the payment of annual registration fees, and her non-payment suspension has been removed. However, she remains suspended for non-compliance with continuing legal education requirements.
Knoxville attorney...

Crime & Punishment

Corporate crime is big news. Lawyers practicing in Tennessee face an increasing likelihood of being asked to assist business clients in responding to an allegation of criminal wrongdoing. To protect the business and to avoid inadvertent harm to others (and your license), counsel must both understand the attorney-client privilege of an organization.

Paine on Procedure

Here's the traditional version. Hiram Hall, age 18, of Cumberland County murdered his younger wife Ida by hitting her head with a rock and dropping her into a well on the family farm on Aug. 18, 1897. He was tried Aug. 26 through 28, 1898, convicted, and sentenced to death. The Supreme Court affirmed Jan. 28, 1899. He was hanged at 6:53 a.m. on Thursday...

But Seriously, Folks

I've been a trial lawyer now for 30 years, and I realize I'm going the way of the dinosaur. Trial lawyers should be placed on the endangered species list. We crusty old geezers who love to stand before juries and speak up on behalf of our clients are being replaced by litigators, mediators, conflict resolution facilitators, and holistic creative...