March, 2011

Cover Story

You’ve probably never had an actual tiger by the tail, but if you have a Facebook account or a blog, or if you try to follow many people or organizations on Twitter, you have a pretty good idea what it would be like. Social media — these and other technologies that help us stay connected — have exploded into the workplace. Using these tools can help you...

President's Perspective

Tennessee can claim six men who have sat on the nation’s highest court: John Catron, Howell Jackson, Horace Lurton, James McReynolds, Edward Terry Sanford and Abe Fortas. Only New York (17), Ohio (10), Massachusetts (8) and Virginia (8) can claim more, although Pennsylvania also has had six. While Tennessee is well-represented numerically, it is...

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...


The Nashville Pro Bono Program presented two awards during the annual Nashville Bar Banquet on Dec. 8, 2010. Frank Grace, a lawyer at Waller Lansden Dortch & Davis, was named the Joseph G. Cummings Sr. Pro Bono Volunteer Attorney of the Year for organizing a monthly debt clinic. The group’s Pro Bono Leadership Award was given to the...


Filed by BPR

Client Fund to Stay in CLE Commission, Court Says

The Tennessee Supreme Court denied a petition in February that would have moved the Lawyers’ Fund for Client Protection under the purview the Board of Professional Responsibility. The BPR filed the petition on Jan. 12 seeking to transfer staffing...


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


The following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education:
Jessica Anne Speer Neal, Memphis
Kevin Shalom Terry, Nashville

Shelby County attorney Christopher...

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

Test yourself on the issue of whether jurors can impeach their verdicts by affidavits exhibited to motions for new trial.

Ms. James was driving her employer’s vehicle in Chattanooga when hit head on by Ms. Swindell’s vehicle. The verdict was rather low for the injuries suffered. A juror swore posttrial that he assumed Ms. James recovered workers’...

But Seriously, Folks

35 years ago when I was a “1L” at the Big Orange College of Law, I proudly wore a “Save the Snail Darter” t-shirt.

A snail darter is an itty-bitty little fish that’s about the size of a paper clip. But when I was in law school, the snail darter became the legal equivalent of the big fish that swallowed Jonah, only in this case the fish tried to...