February, 2009

Cover Story

By Karen R. Britton

With the historic inauguration of the first Black/African-American president of the United States last month, attention has been drawn to the representation of racially diverse Americans in positions of power in the federal government, to the number of lawyers named to formal positions in the new administration, and to the life...

Cover Story

By Karen Neal and Cynthia Sellers

The Issue

Over the past 20 years, law schools, not renowned for embracing radical change (flashback to the feared Socratic Method " still a thriving instrument of terror) have consistently delivered graduating classes of eager young men and women in approximately equal numbers.1

President's Perspective

The term "diversity," sort of like the term, "rule of law," means different things to different people. Elected officials like to say that they are going to bring "diversity" to their administrations. Law firms have "diversity" links on their Web pages. Law schools like to tout the "diversity" of their student bodies. I think it's healthy to remind...

Letters of the Law

Brittenum was manager in 2005

The "People You Need to Know" section of the January 2009 edition of the Tennessee Bar Journal contains a statement that Melvin Malone "is believed to be the first African-American to serve as manager of a large Tennessee law firm." For your information, Dedrick Brittenum, an African-American, served as...

Book Review

By Barry Siegel | HarperCollins | $25.95 | 314 pages | 2008
Reviewed by Hon. Roger E. Thayer

In October 1948, a U.S. Air Force B-29 Superfortress crashed near Waycross, Ga., shortly after taking off during daylight hours. Six members of the crew and three civilian engineers died. Three crew members survived the accident....

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.

Membership Maven
Kelly Stosik

Merry Christmahanakwanzika!

I just adore modern-day holidays! In fact, modern changes of all types make me so very happy, happy, happy!

The TBA has some modern change possibilities for members if you’re interested … you’re intrigued, I can tell!

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

Law Firm Diversity Programs Flourish

Baker, Donelson, Bearman, Caldwell...

News

Let the court know what you think

IOLTA changes, comments due Feb. 20
The Tennessee Supreme Court released for comment in December a proposal to adopt changes to the Interest on Lawyer Trust Accounts (IOLTA) Program filed in late November by the Tennessee Bar Foundation, Tennessee Bar Association, Tennessee...

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 Supreme Court Rule 21, which requires mandatory continuing legal education: Bruce Dwain Atherton, Louisville, Ky.; Robert Natole Farinacci, Concord, Ohio.

The following attorneys have complied with Section 20...

The Law at Work

While most of the nation wondered if and when the federal government would intervene in the crisis in financial markets, on Sept. 25, 2008, President Bush signed the ADA Amendments Act of 2008,[1] which explicitly rejects a line of Supreme Court decisions which had, over the course of years, narrowly interpreted the reach of the Americans with...

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

A new client enters your law office to complain about conversion of personal property. After introductory pleasantries, you should ask "When?" The client may say, "Well, I found out on [a date more than three years ago]." Probably you will need to advise this soon-to-be-former client that the matter must be placed in the category of tough.

But Seriously, Folks

Long before I dreamed of being a lawyer, I wanted to be a cowboy. I wanted to sit tall in the saddle like the Marlboro Man or Roy Rogers or Gene Autry. That's because I grew up watching TV Westerns such as Gunsmoke, Bonanza and Wyatt Earp.

My all-time favorite TV Western was Rawhide. The show featured cattle...