July, 2011

Cover Story

Note: Names have been changed of people in recovery who were interviewed for this story to protect their identities.

Lawyers argue, bargain and negotiate for a living, so it’s not a surprise that what makes lawyers good at their jobs makes them poor patients.

President's Perspective

Fifty years ago this year, John F. Kennedy announced that the torch had passed to a new generation. The change in generations in that case was from the “silent generation,” which suffered through and survived the Great Depression and the “greatest generation,” which fought and won the Second World War. In his speech, Kennedy tried to reassure the nation...

Book Review

By Michael J. Burke | American Bar Association | $29.95 | 132 pages | 2008

“The client goes to jail, the lawyer goes to lunch.”

Michael Burke was a third-generation lawyer in a small town in Michigan who married his high school sweetheart in 1968, became victim to a drinking problem early in his career, entered treatment in 1977 and became...

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.

Membership Maven
Kelly Stosik

Dear Maven,

What is going on with the Affordable Care Act and the upcoming 2015 open enrollment period?!

I have a family and a small firm and I need to know all of my options. I know the ACA has changed the way we consume health insurance but where do I find...

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

If you have called the Tennessee Bar Association in the last 12 or so years, you have likely talked with Sharon Ballinger. She has also been the person who checks on your membership if you send an item in for the “People” section.

News

The Tennessee Bar Association awarded the winners of the 2011 Tennessee Law Day Art and Essay Competitions. The theme of this year’s contest was “The Legacy of John Adams: From Boston to Guantanamo.” It was designed to educate students about Adams’ role in defending British soldiers arrested in what would come to be known as the Boston Massacre. Students...

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

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:
Nima Fiuzat, Atlanta, Ga.
John Irving Houseal III, Forrest City, Ark.
Madeleine Christie Savage-Townes...

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

Effective July 1 several amendments to procedure rules became law.  Let’s take a gander at two.

Tennessee Rule of Civil Procedure 26.02(4)
You want to know information about your opponent’s trial experts, not only before trial, but before you take discovery depositions.  By simply serving interrogatories you have...

But Seriously, Folks

My good friend Paul Summers, former Tennessee Attorney General and appellate judge, once told me there are two types of lawyers in Tennessee: tall-building lawyers and courthouse square lawyers. The tall building lawyers are city lawyers who work in skyscrapers. The courthouse-square lawyers are generally country lawyers whose offices are conveniently...