January, 2010

Cover Story

Nashville lawyer loads up his family and moves to Cambodia  

Mohandas Ghandi urged us to "be the change that you want to see in the world."

Although he's a follower of a faith other than Ghandi's, a Nashville attorney has heeded that call, leaving a blossoming and lucrative career at a well-established, mid-size...

Cover Story

Find Inspiration in the Tennessee Bar Association's

Each year the Tennessee Bar Association recognizes outstanding service by attorneys who have donated their time to help others. The three awards given, chosen from nominations by the TBA's Access to Justice Committee, are the Ashley T. Wiltshire Public Service Attorney of the...

President's Perspective

"Justice denied anywhere diminishes justice everywhere."

Letters of the Law

Howard Baker Philosophy Gets Thumbs-up

The following three letters are in response to Bill Haltom's Tennessee Bar Journal column, "But Seriously, Folks."

Book Review

Professor Larry Pivnick has published a much needed book for judges, lawyers, and pro se litigants in General Sessions civil trials. You are (or should be) familiar with Pivnick on Tennessee Circuit Court Practice, an indispensable treatise I reviewed in the June 2004 issue of this Journal. Larry exhibits the same blend of scholarship and...

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...

Senior Moments

Somewhere beneath the clutter and catalogs, older adults may find the latest edition of a handy health insurance guide called Medicare and You 2010. The rest of the pile is the zillion fliers and brochures from other insurance providers throughout the land. Every news show and commentator has a spin on current Medicare and its future reform....


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.

The Knoxville law firm of Holbrook Peterson...

Access to Justice Commission Report:

The effort to secure equal justice for all is not a new concept. From the formation of the German Immigrant Society, the predecessor to the Legal Aid Society of New York, in 1876 to the Tennessee Supreme Court's August 2008 decision to make access to justice its primary priority, well-meaning...


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:
Henry Clay Barry, Lebanon
Gary Kendrick Bond, Chattanooga
Richard Lee Burnette, Johnson City
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.

Family Matters

1. History of Tennessee's Grandparent Visitation Statute

Tennessee's Constitution is deeply rooted in the concept of individual liberties. As such, Tennessee case law, historically, has strongly protected parental rights, which constitute a fundamental liberty interest under Article 1, Section 8 of the Tennessee Constitution.[1]

Paine on Procedure

In 1853 Major was a black slave who lived on the Looper family farm in Scott County. One night in August of that year he allegedly attempted to rape white teenager Mirah Looper, about 14 years old. He was tried and convicted and sentenced to death four times. Three times the Tennessee Supreme Court reversed, and once the trial court granted a new trial...

But Seriously, Folks

Thirty-two years ago when I started my career as a lawyer, I hardly had a penny to my name. I owned a 1968 Volkswagen Beatle, an eight-track tape player, and one blue suit that I had worn in law school moot court competition and in job interviews. I called it my law suit.

The bad news was that my net worth was zero. And the good news was that my...