November, 2013

Cover Story

In 2008, our legislature amended the Tennessee Medical Malpractice Act by enacting two new statutes. The first statute was Tenn. Code Ann. § 29–26–121, known as “the notice statute.” It requires a “claimant” [plaintiff] in a health care liability action to give the “health care provider” [defendant] pre-suit notice of the claim at least 60 days...

President's Perspective

This month, I will enjoy one of the greatest privileges that I have in serving as president of your association, which is to move the admittance of new lawyers to practice before the Tennessee Supreme Court. During the same ceremony, I am also given the opportunity to impart some words of wisdom to the newest members of our profession, which I take very...

Book Review

By Adam J. Schrager | Fulcrum Publishing | $16.95 | 332 pages | 2013

The subject of this book is Arthur Koehler (pronounced Kā’ler), the key prosecution witness in the 1935 New Jersey trial of Bruno Hauptmann for murdering the Lindbergh baby. Hauptmann built a ladder to climb into the second-floor nursery to kidnap Charles A....

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...


Memphis lawyer Robert D. Meyers has joined Glankler Brown as a member. A civil trial specialist certified by the Tennessee Commission on Continuing Legal Education and Specialization and the National Board of Trial Advocacy, Meyers handles a wide range of employment litigation. He also has experience representing public employers in...


In September, the Tennessee Supreme Court increased the maximum attorney compensation for some non-capital felony cases. Where the defendant is charged with first degree murder or a Class A or B felony, the Court raised the maximum from $1,500 to $2,500. The court also raised the maximum in complex or extended cases for the same offenses to $5,000. The...


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


Waverly lawyer James Phillips Bradley was reinstated to the practice of law on Aug. 4 after serving his suspension and satisfying conditions that were to be completed prior to reinstatement.

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

On Tuesday night, Sept. 26, 1995, Virginia “Jenny” Jackson entered Bronco’s Bar at Dickson. She was 43, the divorced mother of a daughter, 20, and a son, 16. By 11:30 p.m. no cabs were available, and the only other remaining customer was Jerry Ray Davidson, 50. Jackson accepted his offer of a ride.

But Seriously, Folks

It’s been said that in the South football is a religion. I know that’s true for me. On several Sabbath Saturdays each Fall, I worship at the First Church of Neyland in Knoxville. I also often attend Friday night services at a local high school football field.

The services at the First Church of Neyland and the Friday night lights revivals all...