September, 2010

Cover Story

The trustee uses 'claw backs' to retrieve certain payments of principal and profits paid by the schemer to investors during the two-year period prior to the filing of the bankruptcy petition.

Massive Ponzi schemes[1] have crumbled in recent years, leaving thousands of victims seeking both answers and compensation for losses mounting in the...

President's Perspective

From a modern perspective, one of the most obscure intervals in Tennessee history is the period after the adoption of the Constitution of 1870, in which the settlement of the state debt was a bitterly divisive issue. By way of background, the state first issued bonds in 1832. Substantial debt began to to be incurred in 1852, as Tennessee, like other...


The Tennessee Lawyers Association for Women inducted new officers and board members at its annual meeting in June. Among the new leaders are the following TBA members: President Rebecca C. Blair with Day & Blair in Brentwood; President-elect Wynne Hall with Paine, Tarwater & Bickers LLP in Knoxville; Treasurer ...


Association Accolades

It's been a good summer for the Tennessee Bar Association, as recognition for good work keeps piling up. Statewide and nationally, the TBA and its Young Lawyers Division have been honored for continuing legal education and several public service programs.


Two Tennessee Bar Association programs were...

Licensure & Discipline


On June 30, Carthage attorney Jacquelyn M. Scott was reinstated to the practice of law. She was suspended on April 22, 2009. Scott filed a petition for reinstatement in December 2009 and the Board of Professional Responsibility determined that Scott had the moral qualifications, competency and learning in the law required...
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

A. History

Collaborative Law, an alternative dispute resolution process, was started in the 1980s by Stuart G. Webb, a family and divorce attorney in Minnesota.[1] Collaborative Law is defined as a voluntary, nonadversarial, problem-solving, interdisciplinary approach to resolving disputes.[2] The hallmark of Collaborative Law that distinguishes...

Paine on Procedure

As Shakespeare eloquently reminds us, our deaths are inevitable. But negligently letting a lawsuit die from failure to timely serve a defendant is evitable.

Let us begin with Tennessee Rule of Civil Procedure 3, controlling in Circuit and Chancery Courts. You have 90 days from issuance of the summons to serve the defendant. By the way, do not...

But Seriously, Folks

Thirty-two years ago, I graduated from the Big Orange College of Law. I honestly don't recall my class standing or my GPA. I have conveniently forgotten both. Suffice to say I did not graduate summa cum laude. I did not graduate magna cum laude. In fact, I graduated thank you laude or laude have mercy.

I may have been the only student in the...