May, 2012

Cover Story

Tenn. Code Ann. § 20-1-119 is one of the most important statutes for tort law practitioners in Tennessee. The statute, which defines the circumstances under which a plaintiff can add a party defendant to a tort case notwithstanding the expiration of the statute of limitations, plays a potential role in virtually any case in which comparative...

President's Perspective

Last summer I wrote a column on the Casey Anthony trial that called on us as profession to defend or at least not immediately condemn a jury verdict. I was concerned then that our justice system was being hijacked by the 24/7 media and the need for legal talking heads to fill time on so-called news shows. The recent tragic death of Trayvon Martin has...

Letters of the Law

Those of us who routinely administer estates run into Will validity issues much too often, and it is indeed frustrating when a Will — particularly one prepared by an attorney — fails to meet the statutory requirements of execution. However, we have to be careful in our assumptions. In his article (“Questionable Will Executions: Should ‘Substantial...

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...


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.


The Memphis law firm of McNabb, Bragorgos & Burgess PLLC has named John A. Peebles as a member of the firm. Peebles, a 2002 graduate of the University of Memphis School of Law, practices in the area of civil litigation, including product liability defense, commercial litigation and insurance defense litigation.


Jackson attorney Jonathan O. Steen will be Tennessee Bar Association president in 2014-2015,Jackson attorney Jonathan O. Steen will be Tennessee Bar Association president in 2014-2015...


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


The following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education:
Anne Bowles Ferrell, Crossville
Parish Blake Stanton, Nashville

Richard Scott Pietrowski of Biloxi...

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

Some divorced or divorcing parents experience a particularly high degree of conflict in addressing issues that for others are considered mundane. Each instance of contact, such as attending a child’s sporting event, is an opportunity for parents to act inappropriately or antagonistically. What if such potential confrontations could be mitigated by...

Paine on Procedure

In a medical malpractice action the plaintiff must have a doctor from Tennessee or a border state testify to “the recognized standard of acceptable professional practice in the profession and the specialty thereof, if any, that the defendant practices in the community in which the defendant practices or in a similar community at the time the alleged...

But Seriously, Folks

Winston Churchill once wrote a friend, “I apologize for writing you such a long letter. I did not have time to write you a short one.”

Sir Winston was a master of the written and spoken word. As President Kennedy once said, “Winston Churchill mobilized the English language and sent it into battle.”

Sir Winston knew that brevity and...