August, 2013

Cover Story

The 2012 Tennessee Supreme Court decision of Hodge v. Craig is a case of potential importance primarily to family law practitioners, and more generally to other civil law practitioners.[1] Hodge v. Craig paves the way for a putative father to seek damages when a mother has misrepresented that he is her child’s father.

President's Perspective

I think we can all agree that our legal system is under attack. In the last year, we have seen the end (very temporarily, we hope) of our merit selection system for electing judges and the dismantling of our court-based workers’ compensation system. We also are facing attacks on our jury system through continuing efforts at tort “reform.” While we have...

Letters of the Law

Thanks, Mr. Armstrong!

Attorney Ralph Armstrong (Chattanooga, age 83) passed away and his memorial service was held [June 14]. I was a paralegal for another attorney and he was an avid reader of the Tennessee Bar Association magazine. He introduced the magazine to me and we once discussed the article on whether or not a dying statement was...

Book Review

By Chris DeRose | Threshold Editions | $26 | 335 pages | 2013

Illinois lawyer Abraham Lincoln served a single term in the United States House of Representatives from 1847 to 1849. Little has been written about this part of his legal career. Consequently I recommend that you purchase and read Mr. DeRose’s book.

You will find...

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

It’s football time in Tennessee! Soon fans will hear those words as the Volunteers line up against Austin Peay to begin the Coach Butch Jones era. While expectations are modest for this season, many fans are optimistic that good times are ahead for Big Orange football.

Similarly, the Tennessee legislature and Gov. Haslam hope that Tennessee asset...

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

The Knoxville law firm of Kennerly, Montgomery & Finley has announced that Jonathan H. Peyton is now a shareholder in the firm. Peyton received his law degree from Suffolk University in 2003, and is licensed to practice in Kentucky, New York and Tennessee. Peyton focuses his practice in the areas of real estate development and...

News

Tennessee Supreme Court Justice Janice M. Holder announced June 26 that she will retire at the end of her current term and will not seek re-election in the August 2014 judicial retention election.

Holder became the third woman to serve on the Tennessee Supreme Court and the first to serve as chief justice. “It has been my privilege to serve the...

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

INACTIVE

Disability Inactive
The following lawyers were transferred to disability inactive status pursuant to Section 21 of Tennessee Supreme Court Rule 9. They may not practice law while on disability inactive status but may petition the Tennessee Supreme Court for reinstatement upon showing by clear and convincing...

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

My guess is that the civil procedure most important to plaintiff clients is least known to their lawyers. So grab a copy of Tennessee Rule 69. You need not bother with Federal Rule 69; federal courts use state procedure.

But Seriously, Folks

My daughter, a/k/a her Royal Highness the Princess, is now a rising high school senior trying to figure out where she wants to go to college. She recently broke the news to me that she is considering applying to Vanderbilt. As a proud graduate of the University of Tennessee (Bachelor of Conservative Arts, 1975), I quickly responded, “Well, Princess, if...