February, 2013

Cover Story

Without a great deal of fanfare, the General Assembly in 2011 significantly scaled back the Tennessee Consumer Protection Act (TCPA).

President's Perspective

The 50th anniversary of the United States Supreme Court’s decision in Gideon v. Wainright occurs on March 18. This landmark ruling recognized that the 6th Amendment to the federal Constitution, which provides that in all criminal prosecutions the accused has the right to assistance of counsel, is made obligatory on the states by the 14th...

Letters of the Law

The following letter, from LaFollette lawyer David H. Dunaway,  has not appeared in the printed version of the Journal, but because of its timeliness it is posted here.

Re: Workers’ Compensation Reform 2013 – Closing the Gap for Rehabilitation

Giving Injured Workers a Second...

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 the Baby-Boomer tsunami, almost 70 percent of people over age 65 will need long-term care.  More than 40 percent will need care in a nursing home. With those statistics in mind, consider the couples contemplating marriage who often turn to their attorney for a prenuptial agreement.


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.


John R. Tarpley, a shareholder at Lewis King Kreig & Waldrop in Nashville, has been named chair of the editorial board for the American Bar Association Journal. Tarpley, a former president of the Tennessee Bar Association as well as its Young Lawyers Division, will assume the role in August for a three-year term.


A coalition of Tennessee legal groups and Memphis-based International Paper have joined forces to fund and operate a toll-free phone line offering free legal information and referrals to low-income Tennesseans.


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 Tenn. Code Ann. 67-4-1702 and Supreme Court Rule 9, Section 32, which requires the payment of an annual professional privilege tax to the Tennessee Department of Revenue:
Kahliel Robert Barlowe, Nashville

The Law at Work

A few years ago, the United States Supreme Court departed from its long-held “notice” pleading standard, and adopted a new “plausibility” pleading standard in its Twombly/Iqbal[1] decisions. The heightened pleading standard adopted by the Supreme Court in these cases requires a complaint, in order to survive a motion to dismiss, to “contain...

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

He was an Ohio lawyer, a Congressman, a Copperhead, an exile, and again a lawyer. As we shall see, he had a brief visit in Tennessee.

Clement Laird Vallandigham (accent on second syllable of surname) was born on July 20, 1820, in Lisbon, Ohio. He studied law under an older brother and was admitted to the bar in 1842. Moving to Dayton, he had a...

But Seriously, Folks

In my long and undistinguished legal career, I have somehow managed to win a few honors. Several years ago, I was elected a “fellow” of something called “The American College of Trial Lawyers.” I was very excited about this, until I found out that the

American College of Trial Lawyers is not really a college, after all. It does not have a football...