January, 2013

Cover Story

Volunteer lawyers in Tennessee are having a profound impact on the lives of young people who are eligible for a narrow but significant category of immigration status relief. The Deferred Action for Childhood Arrivals (DACA) policy offers relief that is temporary and can be revoked at any time. Eligibility is narrow and the application process can be time...

Cover Story

Tennesseans with limited English proficiency have more meaningful access to court proceedings because of new rules and funding related to the provision of interpreter services. With the full support of the Tennessee Supreme Court the AOC requested, and Gov. Haslam included in the 2012-2013 AOC budget, an additional $2 million for the costs of spoken...

Cover Story

Since 2008, the Tennessee Supreme Court and the Tennessee Bar Association have collaborated and directed efforts in an unprecedented way to make access to justice a strategic priority. Many significant accomplishments have come out of that historic collaboration, but much work remains to be done. Although we have every right to be proud that our court...

Cover Story

The Tennessee Bar Association is pleased to have this opportunity to join the pro bono programs in honoring those lawyers who participated in pro bono activities during the past year. More than any other profession, lawyers give of their time and talents to serve those who need their services.

President's Perspective

Some of you may not have thought about the Collateral Source Rule since the bar exam. Others of you give it consideration on a regular basis as part of your practice. The December edition of this publication brought it to everyone’s attention with the thought-provoking cover story, “Time to Examine Tennessee's Collateral Source Rule?”

Letters of the Law

The following letter was written in response to an article in the December 2012 Tennessee Bar Journal, “Time to Examine Tennessee’s Collateral Source Rule?” by William S. Walton.

Day on Torts

Pick up a complaint in any automobile wreck case where the defendant driver was not the owner of the vehicle operated at the time of the wreck and you will almost certainly see a reference to Tenn. Code Ann. § 55-10-311(a). This article will discuss the benefit of this statute and its limitations.

The portion of Section 311(a) that is...


At a recent meeting, Lewis King Krieg & Waldrop shareholders reelected Knoxville lawyer Deborah Stevens to another term as president and managing shareholder of the firm, and elected shareholders Reba Brown, Robert F. Chapski and Benjamin W. Jones to serve on the firm’s board of directors. Brown, who...


Original handwritten copies of the state’s three constitutions were unveiled together in December at the new Tennessee Judiciary Museum in Nashville at a celebration attended by all five members of the current Supreme Court, three former chief justices, judges, legislators and many lawyers. Former Chief Justice Robert Cooper attended with his son,...

Licensure & Discipline


The following attorneys returned to the active practice of law during the month of November: James Walter McDonnell Jr., Memphis and C. Allen Yates, Lawrenceville, Ga.

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

When in the midst of a divorce, it is understandable for a party to become entrenched in what is felt to be a personal battle and preoccupied with details such as where to live, how to maximize the financial settlement, and how to pay the legal fees. Sometimes, this preoccupation leads to losing sight of what is going on with one’s children, who are...

Paine on Procedure

The insanity defense has come a long way since 1843, the year Daniel M’Naghton shot British Prime Minister Robert Peel’s secretary Edward Drummond by mistake. Under the M’Naghton Rule, an accused could escape conviction if a mental disability either prevented the accused from knowing the nature and quality of an act or prevented the accused from...

But Seriously, Folks

On June 8, 1861, the voters of Tennessee went to the polls for a special referendum, and by a vote of 108,339 to 47,233, decided to secede from the United States of America. But the good people of Scott County were having nothing of this nonsense. They had voted overwhelmingly against secession. And so when the Volunteer State left the Union, Scott...