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November, 2009

Cover Story

End of the Road

New Tax Law Closes FONCE Exemption: Fresh Strategies Needed for Clients with Family-Owned Companies

The FONCE

Feature Story

Fiduciary Fraud: An Invitation to Sue Banks

We know too well from media headlines that fiduciary fraud can be a common occurrence. Fiduciaries, such as corporate officers, sometimes embezzle money from their corporations. Other fiduciaries, such as guardians, conservators, and estate administrators, sometimes embezzle money from their principals. Sadly, lawyers sometimes steal from their...

President's Perspective

Go Green!

The TBA Environmental Law Section has agreed to help me promote a Green Initiative for members, law firms and offices in all practice settings throughout this bar year. As part of the Green Initiative, the TBA will provide information in upcoming issues of the Tennessee Bar Journal and other TBA publications on ways that you, your firm or your...

People

TBA Task Force on Judicial Conduct Rules Named

Chattanooga lawyer Max Bahner, a shareholder at the law firm of Chambliss, Bahner and Stophel PC, has been named chair of the TBA Task Force on Judicial Conduct Rules. The task force and its members were appointed by TBA...

Licensure & Discipline

Disciplinary Actions

Reinstated

Knoxville attorney Steven Lee Williams was reinstated to the practice of law by order of the Tennessee Supreme Court on Aug. 25. He was temporarily suspended on July 31 for failing to respond to a complaint of misconduct.

The...

Day on Torts

Party Planning for Tort Lawyers

Litigation in a world of comparative fault and several liability involves party planning. Planning a party is hard work. One essential component of the party planning process is determining who to invite, and party planning by committee presents a whole new set of challenges. Everyone agrees that some people must be at the party. Everyone agrees that...

But Seriously, Folks

Howard Baker: 'The Other Guy May Be Right'

Is it just me, or is everyone in America suddenly spring-loaded in the hacked-off position? Unfortunately, we lawyers see it every day. Walk in to any courthouse in the Volunteer State, and you will hear lawyers calling each other liars or horse thieves or no-count scoundrels and seeking sanctions for discovery disputes that ought to be resolved in a...

News

Amendments to Appellate, Civil and Criminal Procedure Rules

Comment by Nov. 30

Discovery of insurance coverage and changes to rules on providing that inadvertent disclosure does not waive a privilege are among those being considered in more than a dozen amendments to the Rules of Appellate, Civil and Criminal Procedure and Rules of...

Letters of the Law

Other Death Penalty Study Committee Member Sees It Differently

I am writing in response to the article in the September issue of the Tennessee Bar Journal by Bill Redick ["Is Tennessee Going to Fix Its Death Penalty?, vol. 45, no. 9, Tenn. B.J. (2009)] on the work of the legislature's death penalty study committee. I served...

Paine on Procedure

Federal Time Computation and Time Periods in Civil Actions

On Dec. 1, 2009, significant amendments to the Federal Rules of Civil Procedure will take effect. Most important is elimination of current Rule 6(a)(2), which excludes intermediate Saturdays, Sundays and legal holidays when the period is less than 11 days.

Membership Maven

Ask the TBA Membership Maven

By: Kelly Stosik

DEAR M,
I’ve been kind of … uuummm … under-motivated lately. I have the … aaaaawaaaaawh …doldrums and some bad habits. I mean my practice is doing fine and my life is OK, but I’m feeling stuck, in a rut, a productivity vacuum. I want to upgrade myself! What should I do?
Signed,
Fabulous on the Inside