January, 2011

Cover Story

The Tennessee Supreme Court came right out and acknowledged the elephant in the room in August 2008 when then-Chief Justice Janice Holder admitted publicly that there was a problem — and that the court was going to put significant resources into fixing it. The problem — access to justice for all in our state — had been on the court's and other...

President's Perspective

From the perspective of diversity, Tennessee's current situation relative to females in the legal profession is outstanding, at least relatively speaking. As my predecessor Gail Ashworth noted in a column last year, we have had our first (and now second) female chief justice, and females enjoy a majority on the Supreme Court. Gail was the fourth female...

Book Review

Bobby Hoppe was a football star at Chattanooga Central High and Auburn University. He played halfback on offense and defense with Auburn's 1957 national championship team.

On a July 1957 night he shot Don Hudson at Bell Avenue in Chattanooga. Three decades later, in June 1988, he was tried for first degree murder. I'll let you read this book by...

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...

Day on Torts

As we leave the holiday season behind, we notice that the Court of Criminal Appeals left two gifts behind the tree to lawyers who practice personal injury law on behalf of plaintiffs. These are unusual gifts from an unusual source, but they have the propensity to impact tort lawyers and their clients.


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 Nashville law firm of Parker, Lawrence, Cantrell...



In November, Vice President Joe Biden announced a series of steps designed to help middle class and low-income families secure their legal rights. These actions include strengthening foreclosure mediation programs, helping veterans secure the legal help they need, and making it easier for workers to find a qualified attorney when...


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


Nashville lawyer Lynne Todd Edgerton was reinstated to the practice of law on Nov. 2 after complying with Supreme Court Rule 21, which requires mandatory continuing legal education. She was suspended on Sept. 7 for failing to meet 2009 CLE requirements.


Knoxville attorney ...

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

The purpose of pre-nuptial and post-nuptial agreements is to determine each party's rights in the other's property, spousal support, and other related issues if divorce or death occurs.[1] Such agreements can be drafted to protect an increase in the value of, and the income from, separate property even if the nonowner spouse "substantially contributes to...

Paine on Procedure

Luther Martin:

Were you ever drunk in court? Did you ever see a lawyer who was? I have long been a consumer of beer, both my homebrew and commercial brew. But I select venues far from courtrooms. Let's look at the life of a lawyer who excelled when fueled by alcohol.

Luther Martin (1748-1826) spent most of his life in Maryland. He served as...

But Seriously, Folks

You say your 401(k) is now a 201(f)? You lost your nest egg in pork belly futures? You spent your vacation in Tunica, Mississippi, and ended up spending not only your vacation but all your savings and your retirement account as well? Well, I'm no E.F. Hutton. When I talk, you generally shouldn't listen. I lost my money the old-fashioned way.