January, 2012

Cover Story

You are a good person who wants to help. But you can’t get to the pro bono clinic because of your daughter’s soccer practice; you don’t want or have time to get involved in an ongoing issue; you don’t know anything about landlord/client issues so you imagine your services are not needed; or you can’t drive anymore. You would help if you could. Really.

President's Perspective

As the calendar turns to 2012, many of us will be making New Year’s resolutions. Experience shows that few of us will be keeping those resolutions by the time March gets here. I am asking you to consider adding one resolution to your list and doing your dead-level best to keep this one: become and stay informed about what is going on in the legislature,...

Book Review

By Bob Cowser Jr. | University of New Orleans Publishing | $15.95 | 178 pages | 2009

Four decades passed between the execution of William James Tines and Robert Glen Coe on April 19, 2000. This book details the crime and trial that culminated in Coe’s death by lethal injection.

Greenfield is a small town in the southwest corner of Weakley...

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.

Day on Torts

One of the little-discussed changes to Tennessee tort law contained in the Tennessee Civil Justice Act of 2011 is a change of the law concerning the liability of sellers of defective or unreasonably dangerous products.

Under the previous version of Tenn. Code Ann. §29-28-106, a seller of a product could be sued for strict liability under...

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

The Nashville law firm of Waller Lansden Dortch & Davis has hired a number of new lawyers. TBA members among the group include Carol Brass, a graduate of Columbia Law School, who will practice in the area of health care regulatory law; Brian Clifford, a graduate of the University of Tennessee College of Law, who will...

News

On Dec. 2, 2011, the Tennessee Supreme Court devoted more than three and a half hours to what the court characterized as a “discussion” of the Tennessee Bar Association’s petition to update the state’s Code of Judicial Conduct and adopt new procedural rules to address disqualification of judges.

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:
Richard Alan Arnold, Rogersville
Ted Austin Burkhalter, Nashville
Charles Philip Carter, Knoxville...

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

Ask nearly any Tennessee divorce attorney whether he or she recommends having a client date or become otherwise romantically involved prior to the conclusion of divorce proceedings. The universal answer should be a resounding no. Until the divorce decree is signed by the judge, a party is still married in the eyes of the law and technically not free to...

Paine on Procedure

What may be the most important procedure in civil or criminal practice is not written in the rules. It occurs at the outset of litigation during the initial client interview. The procedural principle is simple: listen to the client!

Have you ever encountered a member of our sister profession — medicine — who insisted on talking rather than...

But Seriously, Folks

Like most lawyers, I’m addicted to my phone. Almost every waking moment of my day, my phone is either pressed against the side of my head or being held in the palms of my hands.

My phone and I are virtual Siamese twins. We are attached wherever I am, in the office or at home or in church or at a restaurant. You name the place, and my buddy “Cell”...