| Tennessee Bar Association

March, 2010

Cover Story

Using Negative Authority in Persuasive Legal Writing

For legal advocates, dealing with adverse case law can often be an extremely vexing experience. By "adverse," I mean cases that, to some extent or another, cast doubt on the ultimate argument the lawyer is hoping to advance. When these "bad" cases come along " and they frequently do " the...

Feature Story

Twittering for Attention

Bill Haltom's But Seriously Folks article in July's Tennessee Bar Journal ("A Time to Blog") mentioned something that got me thinking. How many Tennessee lawyers are using Twitter? A large number of professionals reject Twitter and other Web 2.0 phenomena as a fad without understanding how powerful such tools can be. It's not about what...

Feature Story

Capital Cities of Tennessee

How many capitals have we had? Where were they? I pondered these questions while returning from lectures at the Judicial Conference in Murfreesboro, once the seat of government. When I reached my apartment I studied several history books, our three constitutions, and an interesting appellate opinion to find answers. Here's what I found.

The first...

President's Perspective

Tennessee Is the Volunteer State

Tennessee lawyers are great volunteers. Two examples of the volunteer work of Tennessee lawyers that benefits every lawyer and judge in our state are the work of the TBA Ethics & Professionalism Committee and the TBA Presidential Task Force on Judicial Conduct Rules.

People

Pera nominated ABA treasurer

The American Bar Association announced nominations for key posts at its 2010 Midyear Meeting in Orlando, Fla., including Lucian Pera of Memphis to be treasurer. The ABA House of Delegates will hold elections in August at the 2010 ABA Annual Meeting in San Francisco. Pera would be elected to serve as...

But Seriously, Folks

A New Lawyer in Knoxville

Replacing the firm of Kiffin, Kiffin & Orgeron

There is a new lawyer in Knoxville. He arrived just a few weeks ago and set up shop in the offices formerly occupied by the firm of Kiffin, Kiffin & Orgeron. The new lawyer is Derek Dooley. Born and raised in Athens, Georgia, Mr. Dooley attended the University of Virginia where he was...

Book Review

The Coldest Winter/America and the Korean War

By David Halberstam | Hyperion | $35 | 736 pages | 2007

Many Tennessee lawyers I know are serious history buffs, whether it comes from an appreciation of how situations can go terribly wrong without warning or simply a love of reading. David Halberstam won the Pulitzer Prize for his political history of Vietnam, The Best and...

Where There's a Will

Taking Advantage of 'The 2010 Window'

Value Definition Clauses, Part 5:

News

Corporate Counsel Event Recognizes Pro Bono Efforts

Access to Justice

The Corporate Counsel Pro Bono Initiative Gala returns for its fourth year on Saturday, March 27, at the Hermitage Hotel in Nashville. Sponsored by the Tennessee Bar Association's Access to Justice Committee, in conjunction with the TBA Corporate Counsel Section and the Association of Corporate Counsel, the event...

Letters of the Law

Judges could help stop incivility since we can't control ourselves

The apparent demise of civility and collegiality at the Bench and Bar has become quite disturbing to many observers. Since our manners and conscience don't seem to control our actions, is it possible that the Bench could intervene? For instance, it has become disturbing to hear some attorneys criticize and demean others with remarks (in open Court or in...

Disciplinary Actions

Reinstated

The following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education:
Stephen Fitzgerald Jr., Gainesville, Ga.
Danny F. Nichol, Minnetonka, Minn.
Charles E. Reed, Nashville...

Paine on Procedure

Will Contest Warnings

Why are so many folks hell-bent on contesting wills? And why are not the dead rising from graves to chastise these hellbenders? I reckon the answers are obvious: greed; impossibility. If you represent a client on either side of these unseemly contests, there are a few procedural issues that you need to be aware of.