August, 2012

Cover Story

The chief justice of the United States occupies a unique position in our constitutional and legal structure. Like the eight associate justices, he casts only one vote in each case. But the chief — known as the “first among equals” — has numerous special roles both inside and outside the Supreme Court. These roles position the chief to influence the Court...

President's Perspective

Last December, I had a multiday trial. The case involved a lot of documents so I had a big load of banker’s boxes to get into the courthouse from my vehicle early on the first day of trial. I had just loaded a dolly with boxes and begun pushing it toward the court house doors when I was approached by a polite, well-dressed young man who offered his...

Book Review

By Bryan A. Garner | Oxford University Press | $42.84 | 991 pages | 2011

I am nutty enough to enjoy reading dictionaries. Three are at my left hand: the one I’m reviewing and Black’s (edited by Garner) and Merriam-Webster’s Collegiate. A fourth is within left arm’s reach: the compact OED.

Why do smart appellate...

Where There's a Will

Few cases become standard references in gift tax planning: Crummey, Cristofani, Hackl.[1] Add another to our short list: Wandry,[2] a case many of us dared hope for, one that a reviewer said “may be the ‘Blockbuster Case of the Year.’”[3] It provides a simple yet revolutionary way to limit gift tax exposure, and I predict that the...

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...

People

Kara Hunter has joined the Nashville law firm of Gilbert Russell McWherter PLC as an associate. Hunter is a 2011 graduate of the University of Memphis School of Law. She will work primarily in the firm’s civil litigation group as a labor and employment lawyer.

Bradley Arant Boult Cummings LLP recently welcomed E....

News

More than 46 percent of Tennessee attorneys reported performing pro bono legal work in Tennessee, an increase of 6 percent from last year, according to recent data from the Board of Professional Responsibility.

This is the highest percentage of pro bono reporting since attorneys began to report voluntarily in 2009 and more than twice the level of...

Licensure & Discipline

Reinstated

The following attorneys were reinstated to the practice of law after the Tennessee Supreme Court entered an order vacating their suspensions nunc pro tunc. In both cases, the Board of Professional Responsibility erred in suspending them.
Mohamad Akbik, New York, N.Y.
Robert Stephen Butler...

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.

Bank on It

My colleague, Elizabeth Wilee Sims, is fond of asking our clients and their constituents, “What keeps you up at night?” It’s a good conversation starter and a way to find out what’s uppermost on clients’ minds. We are rarely surprised by the answers but fascinated by perspectives.

Bankers

Bankers remain worried about the economy and how...

Paine on Procedure

Today the coram nobis (“before us”) remedy helps a few clients convicted of crimes. We’ve had it in Tennessee since 1955, and it’s now codified at Tenn. Code Ann. §40-26-105. Although that statute purports to incorporate procedures governing the writ in civil cases, the civil statutes were superseded in 1971 by adoption of Tennessee Rule of...

But Seriously, Folks

On June 28, the United States Supreme Court issued its long-awaited decision in the case of National Federation of Independent Business v. Sebelius, or Freedom-Loving Right-Thinking Americans vs. Crazy Liberal Obama Care or Right-Wing Nut Jobs Who Are Determined to Drag Us All Back to the Dark Ages vs. The Wonderfully-Sensible...