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,...

President's Perspective

"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

Book Review

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...

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...


The Jackson law firm of Teel, McCormack...


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...


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


Suspension is effective...

The Law at Work

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...

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

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...

But Seriously, Folks

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...