September, 2011

Cover Story

Follow Rule 69.04 and Save Your Client’s Credit Judgment from  an Untimely Death

Tennessee judgments are good for 10 years. Tenn. Code Ann. § 28-3-110(2) limits the life of a judgment and provides that “actions on judgments and decrees of courts of record of this or any other state or government … shall be commenced within 10 years...

President's Perspective

We have the greatest legal system in the world. Our attorneys are the envy of the world in terms of skill and professionalism. Yet, survey after survey shows that the public image of attorneys and our justice system ranks somewhere near the bottom. Many proclaim that our system and those who work in are broken. Our system is far from broken and there is...

Letters of the Law

This letter was written to Bill Haltom about his July 2011 Journal column, “The Ups and Downs of a Tall-Building Lawyer.”

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

On Sept. 1, 2011, the Tennessee Supreme Court is set to hear oral arguments in a very significant case. At issue: whether vicarious liability will be imposed on an employer for the negligence of an independent contractor.


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.


Six lawyers were recognized for their contributions to the law and their communities at the annual Pillars of Excellence program, hosted by the University of Memphis Cecil C. Humphreys School of Law Alumni Chapter. The event, held on Aug. 13, honored Leo Bearman Jr. with Baker, Donelson, Bearman, Caldwell & Berkowitz PC; ...


Memphis lawyer Lucian Pera was installed as treasurer of the American Bar Association (ABA) at the close of the 400,000-member organization’s annual meeting in Toronto in mid-August. Pera, who has been treasurer-elect since last August, will serve a three-year term overseeing the association’s $200 million budget. As treasurer, Pera also...


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


Robert Paul Williams of Oxford, Miss., was reinstated to the practice of law on July 13 after complying with Supreme Court Rule 21, which requires mandatory continuing legal education. He was suspended on Sept. 7, 2010.

The following lawyers were reinstated to the practice of law after complying with...

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 so-called “paramour provision” often included in Permanent Parenting Plans across the state of Tennessee prohibits the parents from allowing a boyfriend or girlfriend to stay overnight while the children are present. It usually states something along these lines:

But Seriously, Folks

My legal education began when I was in the 9th grade. As an inquisitive young scholar at one of the state’s finest public institutions of lower education (Frayser High School), I took Civics. The class was taught by Professor Renfro. Well, he was Coach Renfro, and take it from me, coaches are better teachers than professors. Since they know something...