December, 2009

Cover Story

Responsibility For a Culture of Ethical Practice and Behavior

The Tennessee Rules of Professional Conduct (TRPC) are rules of individual professional responsibility, not law firm responsibility. Various individuals have argued in favor of firm-wide professional discipline, and two states have gone so far as to adopt such an...
President's Perspective

The approach of the end of another year brings with it an opportunity to reflect upon life changes over the past months. There is also a lot of activity in the final month of the year as we all try to finish what we started while also carving out some precious time to spend with our family and friends. And of course, there is the end-of-year rush to...

Letters of the Law
I was interested in your article in TBJ ("An Odd Combination," September 2009, by Suzanne Craig Robertson). I have tried cases in which the state could have asked for the death penalty.   Fortunately I never had to face it.   Lawyers who have tell me that the stress is far beyond anything they have encountered. A friend [...
Book Review

By Bill Haltom | Daddy's Press | $15 | 104 pages | 2009 |

The holiday season is upon us. Chances are, by the time you read this review, you will be knee deep in Christmas parties, presents to wrap, cards to send, deadlines to meet, traffic to fight, shopping to finish and relatives to entertain. It is enough to...

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

Estate of Tanner.[1] It was one of those "hold your breath" Tennessee Supreme Court decisions if you practice estate, elder or real property law. For attorneys, it would clearly establish how the State of Tennessee could pursue claims as a creditor for reimbursement from an estate for Medicaid benefits paid on behalf of a decedent. For clients,


Membership Maven
Kathy Prescott

Dear Maven,

What’s going on at TBA? You seem to be running around and out of breath a lot lately. Are you training for a marathon? Is there something I should know about?


Dear Mr. C.,

I am a little frantic this time of year!

Spring is in the air and...


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.

C. Timothy Gary, former senior vice president and chief operating officer of Gordian Health Solutions Inc. " a subsidiary of BlueCross Blue Shield (BCBS) of Tennessee "has been named a partner in the Nashville office, Adams and Reese. He will focus on health care, business strategies and government relations. Gary served with BCBS for...
TBA Bylaws Amendment
The TBA Board has recently examined the bar election process with an eye toward streamlining. As a result, the TBA Board will consider the following Bylaws amendment at its Jan. 16, 2010, meeting. The amendments shorten the process by a month by compressing the time in which ballots are mailed 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. They both were suspended in 2008 for failure to comply with 2007 CLE requirements.
John B. Hyneman, Oxford, Miss.
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

Ever heard of it? I confess my ignorance until I stumbled across it in Tennessee Law of Evidence, Fifth Edition, at  §3.15[4]: "A little known presumption in Tennessee deals with the amnesia victim. In a negligence action, it is presumed that the amnesiac acted with due care in the absence of evidence to the contrary." Authors Cohen or Sheppeard...

But Seriously, Folks

On Wednesday, Oct. 21, 2009, Northwest Airlines Flight 188 arrived an hour and 15 minutes behind schedule. That's pretty much par for the course for Northwest. In fact, it's better than par. For Northwest, it's a birdie (pun intended). But the interesting part of the story is why the flight from San Diego to Minneapolis was over an hour late.