October, 2012

Cover Story

“Men would live exceedingly quiet if these two words, mine and thine, were taken away.”
— Anaxagoras

President's Perspective

And do as adversaries do in law, Strive mightily, but eat and drink as friends.
— The Taming of the Shrew

Letters of the Law

This letter is in response to TBA President Jackie Dixon’s September 2012 column, “Speak Out on Behalf of Our Judicial System.”

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...

Senior Moments

With advancing age comes the worry that some day, we may need care that our families are unable to provide physically, emotionally and financially. However, for many elders concerns about needing nursing home care are overshadowed by fears of losing the family home to pay for that care.


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.


Legal Aid of East Tennessee recently honored lawyers who donated services to low-income clients at its Pro Bono Celebration. Tennessee Supreme Court Justice Sharon Lee presented the Law Firm of the Year Award to Paine, Tarwater & Bickers and the Lawyer of the Year Award to Rachel P. Hurt of Arnett, Draper & Hagood. Knoxville Bar...


An initiative begins this fall designed to encourage a public conversation about the tensions between civility and free speech, the state of our public square and the challenges of maintaining civil discourse in a democracy.

“We cannot preserve our democracy without finding the right balance between free speech and civility,” Tennessee Bar...


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 Section 20 of Supreme Court Rule 9, which requires the payment of annual registration fees to the Board of Professional Responsibility:
Pat Huddleston II, Kennesaw, Ga.
Harry Boyd McNutt, Nashville...

The Law at Work

Over the past few years, several states have addressed a perceived shortcoming in existing federal immigration laws by passing state laws requiring the use of E-Verify in certain circumstances, as well as other laws to address and/or curb the “problem” of illegal immigration.

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

Black’s Ninth Edition (2009) contrasts these classes of evidence. Direct evidence is “based on personal knowledge or observation … that, if true, proves a fact without inference or presumption.” Circumstantial evidence is “based on inference and not on personal knowledge or observation.” Eyewitness testimony describing commission of a crime is...

But Seriously, Folks

The most fascinating people I’ve ever met are jurors. Over the past 34 years, I’ve tried more than 100 jury trials, and invariably, the jurors I’ve met have both impressed and mystified me.

They’ve impressed me because jurors really do work very hard to reach the right result, and most of the time, they do! But they also mystify me because they do...