August, 2010

Cover Story

'Pullman' Decision Allows Third-Party Litigation Expenses in Tennessee

The "American Rule" bars recovery of attorneys' fees in the absence of a statutory or contractual basis, right? Wrong " at least in Tennessee. The often-overlooked Tennessee Supreme Court's decision in Pullman Standard Inc. v.

President's Perspective

In September 1978, I found myself going through 1-L orientation at the University of Tennessee College of Law. Our group was harangued by the late Durward Jones, who presented himself to his wide-eyed audience of prospective lawyers as a sort of wild man, which he actually was. The one thing I remember most about this earliest of law school experiences...

Letters of the Law

I am writing to point out several inaccuracies in the July 2010 Tennessee Bar Journal Feature Story regarding 'unpublished' opinions in Tennessee ["'Unpublished Opinons in Tennessee: What Are They and What Should They be Worth?" by Taylor C. Berger].

Book Review

In my opinion, The Education of a Black Radical: A Southern Civil Rights Activist's Journey, could quite appropriately have been named: The Education of a Supreme Court Judge: From Civil Rights Activist to Judicial Activist. Of course his judicial career has not yet elevated him to the level of a Supreme Court justice but the facts are...

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.

Where There's a Will

True or False? If Husband and Wife own real property as equal tenants in common, each spouse's undivided one-half interest is valued for gift and estate tax purposes at less than 50 percent of the whole.

Answer: True. And Ludwick,[1] an important recent Tax Court case, proves it.

Membership Maven
Kelly Stosik

Merry Christmahanakwanzika!

I just adore modern-day holidays! In fact, modern changes of all types make me so very happy, happy, happy!

The TBA has some modern change possibilities for members if you’re interested … you’re intrigued, I can tell!

Success!

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.

People

New officers have been elected at the Bradley County Bar Association. They are President Robert Thompson with Logan-Thompson PC, Vice President Barrett Painter with Chancey, Kanavoslove...

News

Tennessee Supreme Court

The Tennessee Supreme Court unveiled plans in July to bring greater access to the state's justice system by removing barriers, making the system more user-friendly, providing education and involving more lawyers and law students in closing the state's growing civil legal needs gap. Central among projects announced was a...

Passages

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

Censured

On April 28, Clarksville lawyer Joseph Weyant was publicly censured by the Board of Professional Responsibility for failing to act with competence and exercise independent professional judgment. Weyant agreed to handle a client's business while the client deployed overseas with the military. This included handling the...
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

The Tennessee Supreme Court added a chapter to our Confrontation Clause jurisprudence in State v. Franklin, 308 S.W.3d 799 (2010). Justice Clark and her colleagues held that statements exchanged between two private parties, with no law enforcement personnel involved, are nontestimonial. Consequently the accused's confrontation right doesn't...

But Seriously, Folks

You say you're in the market to hire a new associate at your law firm? Well, have I got a deal for you! You wouldn't buy a new car without test driving it, would you? Of course not! You'd kick the tires, check under the hood, and then take that baby out for a spin, right? And then you'd ask the salesman if he could throw in some seat covers and floor...