August, 2011

Cover Story

The Headline: A New Summary Judgment Standard   

There is a new summary judgment standard for all civil actions filed in Tennessee state courts on or after July 1, 2011.

Cover Story

Public Chapter 510 became law on June 16, 2011, when signed by Gov. Bill Haslam. Effective for causes of action that accrue on or after Oct. 1, 2011,[1] the Tennessee Civil Justice Act of 2011 will greatly alter aspects of Tennessee law in medical malpractice, products liability, personal injury and consumer protection cases. The act is purportedly...

President's Perspective

In Shakespeare’s Henry VI, Cade is conspiring to create chaos and his co-conspirator Dirk, responding to things that would need to be done to accomplish that end, says, “The first thing we do. Let’s kill all the lawyers.” Many people misquote that particular passage and wrongfully focus just on taking out lawyers. In fact, that may be one of the most...

Book Review

Professor John Lande wants to liberate litigators from unplanned late negotiations. In Lawyering with Planned Early Negotiation: How You Can Get Good Results for Clients and Make Money, Lande shows us how. Not limited by an “ivory tower” approach to the subject, Lande includes suggestions from practicing attorneys interviewed for thebook. He...

Where There's a Will

Question: What do Tennessee and Utah have in common? Answer: A profound bias toward allowing folks who create trusts to control who gets what information about the trust. Tennessee may be marvelously forward-thinking or dangerously backward on this issue, but we are clearly not in the mainstream. Regardless, Tennessee lawyers have trust drafting options...


Knox County Law Director Joe Jarret has been appointed to the board of directors of the East Tennessee Military Affairs Council and as the judge advocate for American Legion Post #2 in Knoxville.


Service Award Given to Yarbrough

Nashville attorney Ed Yarbrough accepted the TBA Criminal Justice Section Service Award from 2010-2011 section chair and Davidson County District Attorney Torry Johnson during a reception June 29 at the Tennessee Bar Center. The award pays tribute to Yarbrough’s distinguished career, which spans almost four...

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: Evette Elizabeth Dukes, Cordova; LaTrena Davis Ingram, Collierville; Brian Wade Lynn, Memphis; and Suzanne...

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.

Bank on It

When I was growing up, on Sunday evenings my frugal, blue-collared father would dole out a modest amount of cash to each of his three children. The money was to last until the following Sunday night. We could spend it any way we wished, but it needed to cover school lunches, entertainment, special articles of clothing we wanted but didn’t need,...

Paine on Procedure

We are all creatures of habit. Evidence Rule 406 admits habit as relevant to prove conforming conduct.

But Seriously, Folks

In the second decade of the 21st century, we Americans have become very impatient. We absolutely refuse to wait for anything. When we’re hungry, we want our food fast, or more accurately, fast food. We don’t have time to wait for a table at a restaurant and then wait for the waiter and then wait for our food. And above all, we can’t waste a billable hour...