January, 2009

Cover Story

Court, bar groups and leaders take lead in the civil legal services crisis

In December, the Tennessee Supreme Court announced its multifaceted campaign to help address what was characterized as a "profound civil legal needs crisis." The announcement came at a press conference attended by more than 100 leaders from the bench, bar groups, court...

Cover Story

Each year the Tennessee Bar Association recognizes outstanding service by attorneys who have donated their time to help others. The four awards given are the Ashley T. Wiltshire Public Service Attorney of the Year, the Harris Gilbert Pro Bono Volunteer of the Year Award, the Law Student Volunteer Award...

President's Perspective

By all accounts, this new year will be a tough one. The latest published national unemployment rate was 6.5 percent. Tennessee's rate was 7.2 percent. Tennessee's per capita bankruptcy rate leads the nation. Lake County and Hancock County are on the list of the 100 poorest counties in the United States. On Dec. 2, The Tennessean reported that...

Letters of the Law

I just wanted to comment on the excellent article on the recent changes in Tennessee's already very lopsided medical malpractice laws ("Med-Mal Obstacles: New Tennessee Law May Reduce Frivolous Suites But Make Valid Claims More Difficult," by Rebecca Blair, September 2008 Tenn. Bar Journal).

Having worked for a plaintiff's attorney for...

Book Review

By William L. Norton Jr. and William L. Norton III
Thompson West | $2,691 |13 volumes | 2008

Publisher Thomson West recently came out with the third edition of Norton Bankruptcy Law and Practice (Norton 3d) by William L. Norton Jr. and William L. Norton III. Along with Collier on Bankruptcy, edited by Alan N....

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...

Day on Torts

The Tennessee Supreme Court has decided two negligent infliction of emotional distress (NIED) cases within the past few months. This article summarizes the law after the release of these important opinions.

True NIED claims arise in two different situations. In the first situation, the plaintiff suffers emotional injury because of the negligence...

Membership Maven
Kathy Prescott

Dear Maven,

What’s going on at TBA? You seem to be running around and out of breath a lot lately. Are you training for a marathon? Is there something I should know about?


Dear Mr. C.,

I am a little frantic this time of year!

Spring is in the air and...


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.


Nashville lawyer Pele I. Houk has joined the law firm of Cornelius & Collins LLP as an associate. Prior to joining the firm, Houk worked in private practice as a civil litigator and then with the Tennessee Department of Labor & Workforce Development as a supervising attorney and workers' compensation specialist. Houk is a Supreme...


Emerging leaders
35 Selected for TBA Leadership Law Program

The Tennessee Bar Association has selected a diverse group of 35 attorneys from across the state to take part in its Leadership Law program for 2009. Leadership Law, now in its sixth year, is designed to equip Tennessee lawyers with the vision, knowledge and skills necessary to...


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


The following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education:

Richard Edward Jackson, Pleasant View; Edward Victor Longinotti III, West Suffield, Conn.; James A. Meaney III,...

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

Roger Charles Tichborne (born 1829) was the heir apparent to a huge inheritance from a filthy rich British family. He was born and raised across the Channel in France and schooled in England. His native language was French.

He fell in love with first cousin Catherine ("Kate"). Her father forbade marriage until a wait of three years. So Roger took...

But Seriously, Folks

I am a big fan of Bruce Pearl, head coach of the University of Tennessee Gentlemen Vols basketball team. He is, in my impartial opinion, the second greatest basketball coach in America. The first, of course, is the legendary Pat Summitt, coach of the Tennessee Vols basketball team.

You will note that I do not refer to the University of Tennessee...