December, 2012

Cover Story

Damages in tort law are designed to compensate for injury and, in the words of one court, “only for that.”[1] On the other hand, few bastions of the Tennessee personal injury bar are more vigorously defended (and heartily embraced) than the “Collateral Source Rule.” No one marches under the rule’s banner more proudly than a personal injury lawyer who has...

President's Perspective

With the election behind us, it is time to come together and work for the good of our state. As was reported the day after the election in TBAToday, our legislature will have fewer lawyers when the General Assembly convenes in January. The state senate will have eight lawyers, a decrease of five from the opening of the last session in 2010. The state...

Book Review

By Sally Denton | Bloomsbury Press | $20 | 273 pages | 2012

Economic collapse and massive unemployment shroud the nation and the globe for years. Domestically, the two-party political system appears to be riven by wellsprings of anger and accusations unseen since the times of the Civil War. A newly elected president faces...

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.

Where There's a Will

Estate planning attorneys have long encountered a definition problem. Too many potential clients and referring professionals, including other attorneys, equated estate planning with estate tax planning (and planning for Tennessee inheritance tax and state and federal gift tax, all such taxes referred to in this article as “transfer taxes”). Many new...

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

Evans Petree PC has named L. Clayton Culpepper III as a shareholder in the firm. Culpepper, a 2004 graduate of the University of Memphis School of Law, serves in the firm’s Litigation and Intellectual Property Practice groups. He is licensed to practice in Tennessee and Mississippi.

News

When the Tennessee General Assembly convenes in January, the State Senate will have eight lawyers, five fewer than the last session. The only lawyer winning in a seriously contested general election race was John Stevens (R-Huntingdon), who will take over the District 24 seat vacated by lawyer Roy Herron (D-Dresden).

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: William David Cheek, Memphis; James Richard Golden, Pineville, Ky.; David R. Huggins, Memphis; Matthew Charles O...

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

The Constitution at Article I, Section 6, gives clients a right to jury trial in civil actions: “The right of trial by jury shall remain inviolate.” Lawyers need to avoid procedural mistakes that jeopardize that right.

Jury Demand

Normally a plaintiff who wants a jury demands it in the complaint, and a defendant wanting a jury demands it...

But Seriously, Folks

When I was a senior in high school, my father gave me a wonderful Christmas gift. No, not a car. It was something a lot more powerful.

It was a typewriter. And not just any typewriter, mind you, it was a Sears electric typewriter.

Yes, back in the 1960s, Sears & Roebuck made typewriters manufactured right here in the good ole U. S. of A...