| Tennessee Bar Association

June, 2009

Cover Story

Rules of Civil Procedure amendments are effective July 1

The Tennessee legislature has given its approval to the amendments to the Tennessee Rules of Civil Procedure relating to the discovery of electronically stored information that were proposed by the Tennessee Supreme Court on Jan. 8. Thus, the amendments will become effective on July 1,...

Feature Story

Tips for Advocates in Arbitration

As a neutral and (once upon a time) as a lawyer representing clients in arbitration, I have noticed that much of the lawyer's discomfort in an arbitration proceeding originates in his or her unfamiliarity with the process. I also notice that lawyers who would not hesitate to visit the courthouse, talk with the clerk, and study the local rules when...

Feature Story

Sunshine Law Update

2008 Public Records Act

The legislature recently made numerous changes to the Tennessee Public Records Act, Tenn. Code Ann. § 10-7-503 et seq., some substantive and others merely procedural. Core substantive provisions of the act remain intact. Additionally, several new provisions have been enacted, many of which...

President's Perspective

Miles to Go Before We Sleep

"The woods are lovely, dark, and deep, but I have promises to keep, and miles to go before I sleep, and miles to go before I sleep." — Robert Frost

People

The Jackson law firm of Teel, McCormack...

But Seriously, Folks

Compared to Streaking, This Is Just a Flash (Mob) in The Pan

I am pleased to report that the First Amendment is alive and well on Tennessee's college campuses. Students across the Volunteer State are vigorously exercising their Constitutional right to assemble and engage in free speech often directed toward fellow students at the University of Florida. And unlike the college students of my
generation, they...

Book Review

Inherit the Land: Jim Crow Meets Miss Maggie's Will

By Glen Stowe | University Press of Mississippi | $22 | 309 pages | 2007

Inherit the Land is a narrative account of a jury trial in Monroe, Union County, North Carolina, in 1921. The trial is centered on the wills of two white women, Sallie and Maggie Ross, who devised their property to a black man and his daughter, Bob Ross and Mittie...

News

Van Horn Elected Vice President

TBA President for 2011

Tennessee Bar Association members have chosen Memphis lawyer Danny Van Horn to be TBA's next vice president, a choice that will make him the organization's president-elect in 2010 and TBA president in 2011.

More than 25 percent of TBA members voted in the competitive contest between Van Horn and...

Disciplinary Actions

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:
Tamara Lynn Trimble, Winter Park, Fla.; and Kellye Lambert Walker, Norwalk, Conn.

Suspended

Suspension is effective...

Paine on Procedure

Amendments to Evidence Rules

Four significant amendments take effect on July 1, 2009. First, Rule 404(a)(1) will create another avenue for the accused to open the door to admissibility of his character to prove conforming conduct. If the accused launches an attack on the alleged victim's character for a particular trait, the prosecution in rebuttal can introduce evidence...

Online Exclusive

2008 Open Meetings Act: Sunshine Law Update

The Tennessee Legislature recently renewed its focus on Sunshine Laws. It has been particularly prolific in amending the Public Records Act, Tenn. Code Ann. § 10-7-503 et seq. The Special Joint Committee to Study Open Government Laws[1] gave much consideration to proposed changes to the Open Meetings Act, Tenn. Code Ann....

The Law at Work

Strategies for Reducing Legal Risk in Reductions in Force

The economy is reeling from a staggering recession. Sales are down, inventories are up, financial markets have dropped precipitously and remain extremely volatile, consumer confidence is at low ebb, and the government is stepping in to bail out icons of American business to include major banks, General Motors and Chrysler. The nation's unemployment rate...