June, 2012

Cover Story

Every attorney knows that merger and bar limit a party to “one bite at the apple.” Those doctrines can cause headaches after the conclusion of an initial lawsuit (as well as during civil-procedure exams). But the underlying concepts can also ensnare litigants during the pendency of that first lawsuit.

President's Perspective

Father Milton Guthrie was one of the men who had a huge positive influence on my life. One of the things he taught me was to begin prayer with an expression of thanks: gratitude for what has been, gratitude for the wisdom to discern what can be, and gratitude of the gifts needed to make our world a little better place. In that context, I say,

“...

Letters of the Law

I just read John Day’s article in the current issue of the Tennessee Bar Journal (“Think Ahead: Mills v. Fulmarque Reinforces Importance of Strategic Thinking in Tort Cases,” May 2012 TBJ). The article presents an excellent analysis of Tenn. Code Ann. Section 20-1-119 following the decision in Mills v. Fulmarque, 2012...

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

Older couples who want to spend the rest of their lives together have much to consider. First, even grown kids may be upset about someone replacing their deceased parent. Having made peace with that loss, there remains the question of what will happen to their inheritance. Second, everyone involved may raise legitimate concerns about whether
their...

Membership Maven
Kelly Stosik

Merry Christmahanakwanzika!

I just adore modern-day holidays! In fact, modern changes of all types make me so very happy, happy, happy!

The TBA has some modern change possibilities for members if you’re interested … you’re intrigued, I can tell!

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 office of Adams and Reese has welcomed four new lawyers to the firm: partners C. Dale Allen and Thomas Anthony Swafford, special counsel R. Slade Sevier and associate Kyle A. Young.

Allen is a corporate lawyer who focuses his practice in transportation, government...

News

Art, Essays, Videos

TBA Contests Educate, Entertain

In conjunction with Law Day, the Tennessee Bar Association offered elementary, middle and high school students several opportunities to learn about the law and convey those concepts in creative ways.

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

James A. Meaney III of Dalton, Ga., and Janet Monique Okoye of Birmingham, Ala., have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education.

The Law at Work

Trying to verify the legitimacy of any employee’s request for sick leave has long been a prickly issue for employers. A doctor’s slip stating the employee has been “under the physician’s care” and can “return to work” is hardly illuminating on the questions of whether the illness sufficiently justified the leave and whether the employee can perform the...

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

John George Haigh was born in England on July 24, 1907, to religious parents. But the only child embarked on a life of crime when he reached adulthood. Honest blue collar and white collar jobs bored him. Criminal financial fraud schemes struck his fancy.

But Seriously, Folks

I was raised a Southern Baptist. In fact, I’m a Baptist PK (Preacher’s Kid). In the fall of 1941, my father enrolled in Lambuth College in Jackson where he hoped to learn how to be a great Methodist preacher. It was a wonderful choice, because Lambuth has produced a long line of great Methodist ministers, many of whom are also great Tennessee lawyers....