December, 2013

Cover Story

In today’s society, email communications are a common occurrence. Likewise, email communications to and from an attorney are routine. Recently, a Tennessee trial court ruled on the admissibility of email communications between an attorney and his client when those communications took place through a client’s email or computer system belonging to the...

President's Perspective

You know that the holiday season has officially arrived at the Wyrick house when we have had our annual viewing of the greatest Christmas movie of all time. In case you had any doubt, of course I am referring to "It's a Wonderful Life"!

Book Review

By Steven N. Peskind | American Bar Association Section of Family Law | $149.95 | 408 pages | 2013

Steven Peskind has been practicing law for about 30 years and is principal of the Peskind Law Firm in St. Charles, Illinois. Nationally recognized as an author and speaker on family law topics, he is a Fellow of the American Academy...

Book Review

By Claudia Haltom | Keith Publications LLC | $11.66 | 184 pages | 2013

Claudia Haltom’s recently released book, The Single Parent Referee Handbook, may be just what you’re looking for to help those around you who find themselves in the throes of single parenting — a daunting task under the best of circumstances and 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...

Where There's a Will

Same-sex marriage is a phenomenon of our time, currently available in 14 states and the District of Columbia,[1] as well as in 20 countries.[2] Traditionally, in the U.S. each state has been free to create its own definition of “marriage,” within the bounds of federal Constitutional limitations. Both Tennessee’s Constitution, as amended in 2006,[3] and...


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.


The Tennessee Justice Center recently named new board members, including TBA member and Memphis lawyer Andrew Branham. Rebecca K. McKelvey is the new board chair. Branham directs and oversees the Memphis office of Counsel On Call. He earned his law degree from the University of Memphis School of Law in 1981. McKelvey is...


Gov. Bill Haslam named members to the Governor’s Commission for Judicial Appointments, which will consider applications from those seeking to fill court vacancies. The new 17-member commission will send a panel of three nominees to the governor to make an appointment when a vacancy occurs or is impending.

In October, the Tennessee Attorney General...


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 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 evidence that the disability has been...

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.

Bank on It

In 2005 Congressman Tom DeLay, R-Texas, was convicted, along with two associates, of funneling $190,000 in corporate contributions through the Republican National Committee to Republicans running for the Texas State Legislature in 2002. Congressman DeLay was forced to step down, his political career in shambles.

Paine on Procedure

In a Nashville mansion on the night of Thursday, Aug. 15, 1996, lawyer Perry Avram March murdered artist Janet Gail Levine March while their son, 5, and daughter, 2, were in beds upstairs. The killer stuffed his wife’s body in a leaf bag and drove it to a remote area. He later enlisted his father Arthur to dump the bag of skeletal remains in a brush pile...

But Seriously, Folks

I have never had any artistic ability. I can’t draw. I can’t paint. I can hardly doodle.

Nevertheless, for many years I was an accomplished artist. My masterpieces were highly praised by two significant art critics and were prominently displayed in exhibits. The art critics were my mother and father, and the exhibit displays were found on the...