November, 2009

Cover Story

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


President's Perspective

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...

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...
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...

Day on Torts

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...


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.


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...
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...

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


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.  

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

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.

But Seriously, Folks

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...