May, 2013

Cover Story

Everyone and everything are telling you to get healthy. But they don’t understand the pressures you are under as a lawyer. Your job is hard and the stakes are high. There is no time. You are s-t-r-e-s-s-e-d. You think it’s just the way it has to be — and there’s research to back you up:

President's Perspective

Our founding fathers stated in the Declaration of Independence that one of our unalienable rights is the pursuit of happiness. Fast forward to the present time and happiness is a hot topic with books such as former lawyer Gretchen Rubin’s The Happiness Project becoming best sellers. In a recent ABA Journal article, “Hunting Happy,” the authors...

Letters of the Law

So Did He Tie the Knot or Not?

I read with great interest the article authored by Monica J. Franklin, which appeared in the February 2013 issue of the Tennessee Bar Journal, entitled, “To Tie the Knot or Not, Part II.”

The well-written and informative article was of particular interest to me because I have found a late in life...

Book Review

By R. Kent Newmyer | Cambridge University Press | $28.99 | 226 pages | 2012

Much has been written about Aaron Burr’s 1807 trial in Richmond (including my July 2003 column in the Journal). Burr was charged with treason for allegedly leading an expedition to establish a separate government in the lands west of the...

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...

Day on Torts

The roots of the Tennessee state tree, the tulip poplar, grow into the earth in search of water and minerals. When confronting poor soil conditions or physical impediments, the roots typically change direction to accomplish their mission of absorbing and storing nutrients and providing a solid anchor for the tree. The above-ground result: trees of 10...


The Knoxville law firm of Holbrook Peterson Smith PLLC recently announced that J. Scott Griswold has joined the firm as an associate attorney. He will help the firm’s expansion of its estate and trust litigation practice.  Griswold also will practice in the areas of trust and estate planning and administration along with business...


Nashville attorney William L. “Bill” Harbison has been elected the Tennessee Bar Association’s vice president, a position that will lead to president-elect next year, followed by the presidency in 2015.


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


James Holt Walker was reinstated to the practice of law on March 19 after complying with Supreme Court Rule 21, which requires mandatory continuing legal education. Walker, a lawyer in Hixson, was suspended on Jan. 29, 2002.

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

I worry when a client appears to be on the verge of giving up on getting the terms of an initial Permanent Parenting Plan just right. Whether they are in the throes of active blood-bath litigation or even just negotiating amicably in a mediation session, parties often will do just about anything to move forward quickly, including settling on a parenting...

Paine on Procedure

Our own Andy Johnson missed conviction by one vote in his Senate trial. How did that come about?

President Johnson had a fractious relationship with radical Republicans in Congress. Heated exchanges reached the boiling point under the Tenure of Office Act. It forbade the president from firing certain cabinet members without Senate consent. Johnson...

But Seriously, Folks

I was a fan of the late, great Andy Griffith, long before he became Sheriff Andy Taylor, and even decades before he left Mayberry, attended law school, moved to Atlanta, and changed his name to Ben Matlock.

I was a fan of Andy Griffith even before he was Private Will Stockdale in No Time for Sergeants. (“I ain’t never had R.O.T.C., but...