August, 2008

Cover Story

Prove. Calculate. Award

President's Perspective

The Tennessee Plan is the best plan for selecting judges we have ever had in our state's history. But as things stand now, the Plan will vanish on June 30, 2009. In '78, '82 and '90, I lived through my late father's three tough judicial campaigns. I deflected calls from litigants trying to give him campaign money. I went to judicial endorsement committee...

Book Review

By Vincent Bugliosi | W.W. Norton | $49.95 | 1,612 pages | 2007

Should you read this expensive book that weighs 5 pounds? Probably so, but I have an alternative solution.

Order the abridged audio version read by Edward Herrman from Simon & Schuster. It will also cost you $49.95, and the compact discs run for 18 hours. But Mr. Hermann is...

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.

Where There's a Will

It's nice when the IRS concedes a position it really couldn't have won anyway, but could have used as a threat. It's nicer still when its concession encourages the use of a powerful estate planning tool too little used. Specifically, in a recent revenue ruling,[1] the IRS confirmed that when a grantor of a trust retains a Code  §675(4)(C) power to...

Membership Maven
Kelly Stosik

Dear Maven,

What is going on with the Affordable Care Act and the upcoming 2015 open enrollment period?!

I have a family and a small firm and I need to know all of my options. I know the ACA has changed the way we consume health insurance but where do I find...

Success!

The Tennessee Bar Association was recognized in October with three Luminary Awards from the National Association of Bar Executives. The Tennessee Bar Journal earned a Luminary Award for The Law Launch Project, which followed 15 law students through their last year of school.

People

Circuit Court Judge William B. Acree Jr. of the 27th Judicial District has been elected president of the Tennessee Judicial Conference. Acree has been circuit court judge since 1994, and has served as a special judge on the Tennessee Court of Criminal Appeals, the Tennessee Court of Appeals and the Tennessee...

News

Comment by Aug. 15
Proposed Changes to Rules of Professional Conduct Released
The TBA Board of Governors has authorized release of a proposed set of refinements to the Rules of Professional Conduct for comment. The proposal is the first thorough examination of the rules since their adoption in...

Passages

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

Reinstated

The following attorneys have been reinstated to the practice of law after complying with Section 20 of Supreme Court Rule 9, which requires the payment of annual registration fees:

Brian Alexander Konradi, Austin, Texas

Don G. Owens III, Memphis

...

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

While reading a new book about the Evelyn Nesbit/Stanford White/Harry Thaw love triangle (American Eve, by Paula Uruburu), I realized that I had erred in my March 1999 column on "The Red Velvet Swing Murder." I wrote that there was only one trial of Harry Thaw for shooting Stanford White. The truth is that Thaw was tried twice. Not much has been written...

But Seriously, Folks

On June 26, Mississippi lawyer Dickie Scruggs was sentenced to five years in prison for conspiring to bribe a judge. On the next day, Scruggs's picture was on the front page of every newspaper in the country. We lawyers are like preachers. When televangelist Jimmy Swaggart gets caught with his pants down (literally), the national press tries to make it...