February, 2012

Cover Story

There was a time when a lady could judicially purchase balm for a wounded heart. That’s what happened in 1934 when Evelyn Montgomery Hazen obtained an $80,000 judgment against louse Ralph Porter Scharringhaus for breach of promise to marry. See “Paine on Procedure” in the February 2007 Tennessee Bar Journal. What has happened since 1934 to the...

President's Perspective

This past month, the Tennessee Supreme Court adopted a new Code of Judicial Conduct. This new code marks the first time in more than 20 years that a new set of rules has been adopted to govern the conduct of judges and judicial candidates in Tennessee. The process that led to the adoption of this new code is in many ways the model for good self-...

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.

Senior Moments

At the mention of long-term care insurance, most of my clients respond with at least one of these objections: “I can’t afford it,” “I plan to drop dead of a heart attack,” “My family will take care of me” or the old standby: “I will never go to a nursing home!” Unfortunately, these same clients will return years later with health conditions that require...

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 Law Offices of Woods & Woods has added two new attorneys to its Nashville office. Allison Harding joins the firm after earning her law degree from Vanderbilt University Law School recently. She will assist clients with employment and divorce matters. While in law school, Harding served as a student liaison for the Tennessee Bar...

News

On Jan. 4 the Tennessee Supreme Court adopted the first comprehensive rewrite of the rules governing judicial conduct in more than 20 years. The rules changes, effective July 1, come as a result of a two-and-a-half-year process initiated by the Tennessee Bar Association, including a public comment period and hearing.

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:
Jonathan Evan Gower, Brentwood
Jennifer Pennington Guthrie, Blountville
John Robert Hershberger,...

The Law at Work

The Obama administration’s National Labor Relations Board (NLRB or board) continues to significantly alter the landscape of union elections, making it easier for unions to organize Tennessee businesses. On Dec. 22, 2011, the board[1] finalized eight amendments to its union election procedures. The amendments are designed to dramatically limit employer’s...

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

While doing some legal research in the National Enquirer on a recent weekend, I came across an article about phoney baloney lawyer John Edwards. He is facing trial in a federal district court for using vice-presidential campaign funds to conceal his extramarital affair with Rielle Hunter, mother of his child. The Enquirer reports that...

But Seriously, Folks


Long-time readers of this column (and you know who you are) know three things about me.

First, I’m a trial lawyer. My heroes are Atticus Finch, Perry Mason, Hamilton Burger and My Cousin Vinny.