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...

President's Perspective

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.

Letters of the Law

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...

Book Review

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

Value Definition Clauses, Part 5:

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...

News

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...

Licensure & Discipline

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...

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

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.

But Seriously, Folks

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...