August, 2009

Cover Story

But these formulas for dividing marital assets will make your job easier

President's Perspective

The 127th Tennessee Bar Association Annual Convention in Memphis was a resounding success. The TBA, Tennessee Association for Justice, Tennessee Lawyers Association for Women, Tennessee Alliance for Black Lawyers and the Tennessee Judicial Conference met simultaneously for a week-long extravaganza of world-class CLE, well-deserved celebrations of great...

Book Review

By Jennifer Thompson-Cannino and Ronald Cotton with Erin Torneo | St. Martin's Press | $25.95 | 298 pages | 2009

Jennifer Thompson picked Ronald Cotton from a photo display and a lineup after being raped in 1984 while a student at Elon College in Burlington, N.C. Cotton was convicted. He served almost 11 years until freed by DNA and a confession...

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...

Where There's a Will

Sooner or later, all of our estate planning clients will die. If we could accurately predict their dates of death, we could help them save a lot of gift and estate taxes. This is because there are planning techniques that work best precisely when the IRS mortality table is wrong, i.e., when you can reasonably bet that a particular person will live much...

Senior Moments

As our Greatest Generation ages we are seeing more veterans, spouses, and bewildered adult children searching for answers about accessing and financing long-term care. In 2000, there were about 10 million veterans over the age of 65. About half of those were WWII veterans and more than 3 million were veterans of the Korean War.[1] We have many folks who...


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.


Lawyers and staff with the Nashville office of Waller Lansden Dortch...


Panel recruitment underway

On June 25, Gov. Phil Bredesen signed into law the new judicial election plan for merit selection of all judges, and performance evaluation and retention election of appellate judges.

The first step in implementing the plan is the appointment of the new Judicial Nominating Commission, the 17-...


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: Charles Philip Carter, Knoxville, and Jennifer Rene Rich Mueller, Nashville.

On June 15, the Supreme Court lifted a...

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

We have more than two. They begin at Tenn. Code Ann.  §20-2-201 (dating back to 1887) and include the 1932 nonresident motorist statute ( §20-2-203). But herein we'll compare the two laws most frequently referred to as "long-arm" statutes.

But Seriously, Folks

Mark Twain once said he would rather have termites infest his house than have the Missouri Legislature go into session. Some cynical folks feel the same way about the Tennessee Legislature. But not me. Some of my best friends are members of the Tennessee Legislature, and I have the cancelled checks to prove it.