April, 2013

Cover Story

In the span of less than two years, the Tennessee Supreme Court has rendered opinions in two cases determining that an insurance agent is liable for professional errors, even if the insured failed to read materials related to the transaction.[1] The opinions in both cases represented a 3-2 split by the court. As a result, the insurance industry, lawyers...

President's Perspective

A resolution has passed both houses of our legislature that will put a proposed constitutional amendment, addressing how appellate level judges are selected, on the ballot in November 2014. The proposed amendment will read in part as follows:

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...

Where There's a Will

Recent favorable changes to the federal estate tax and the three-year phase out of the Tennessee inheritance tax mean that most Tennesseans now have no realistic expectation of their estates being hit by death taxes. December’s “Where There’s A Will” column[1] highlighted numerous ways estate planning is unaffected if clients no longer are concerned...


Adams and Reese has elected Memphis attorney Jay Campbell to partner. Campbell joined the firm in 2006 and practices in the Transactions and Corporate Advisory Services Group. He handles middle-market mergers, acquisitions and corporate financing. Campbell earned his law degree from Vanderbilt University Law School. Prior to attending...


Corporate counsel and private bar lawyers, along with a diverse group of sponsors, were honored at the Seventh Annual Corporate Counsel Pro Bono Initiative Gala in Nashville in March. Tennessee Supreme Court Chief Justice Gary R. Wade gave the keynote address, praising the initiative’s emphasis on pro bono service and encouraging all lawyers to fulfill...


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


Disability Inactive
The law license of Hamilton County lawyer Jeffrey A. Stinnett was transferred to disability inactive status on March 1 pursuant to Section 21 of Tennessee Supreme Court Rule 9. Stinnett may not practice law while on inactive status, but he may petition the court for reinstatement by providing...

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

You’ll find the statute codified at Tenn. Code Ann. §31-1-106.

But Seriously, Folks

I am now in my fifth decade of law practice. This does not mean that I have been practicing for over fifty years. It simply means that I started practice in the 1970s (the very late ‘70s), and have continued through the ‘80s, ‘90s, aughts and teens.