February, 2014

Cover Story

A woman, her horse and her attorney walk into a bar.
“Dear lady, you can’t bring that foul-smelling ass into this establishment!” says the barkeeper.
“How dare you! This is my seeing-eye horse!” says the woman.
“Of course, I realize that,” replies the barkeep, “but the lawyer has to go!”

* * *

President's Perspective

We are now in the heart of the legislative session, and once again efforts to change the way that we select our attorney general are underway. Every time the issue is raised, those raising it cite as their primary support the fact that no other state selects their attorney general in the same manner as Tennessee. Boiled down to its essence, the argument...

Letters of the Law

Paine’s Mark on Tennessee Law

When a student at the University of Tennessee College of Law, I was fortunate enough to cross paths with Don Paine, who, just out of the military, then served his alma mater as an adjunct professor. As a practicing lawyer and a budding academician, Don not only represented real people with real problems at that time...

Book Review

By James L. Cotton Jr. | History Publishing Company LLC | $12.76 | 475 pages| 2013

Complete this sentence: The greatest speech ever was ___________. The odds are good that most people who took the time to participate at least thought about the Gettysburg Address. So, if we instinctively place the Gettysburg address among 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.

Senior Moments

This seemingly simple question can lead to hours of research, confusion and frustration. The issue is usually whether one should start receiving Social Security (SS) retirement benefits at age 62, one’s “full retirement age,” or at age 70. Important factors to be taken into consideration are life expectancy, accustomed standard of living, savings, debt...

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

Tennessee Supreme Court Justice William C. Koch Jr. recently announced he would retire in July to become dean of the Nashville School of Law. His announcement came at the same time that current Nashville School of Law Dean Joe C. Loser Jr. said he would retire in 2014. Koch has served on the Supreme Court since 2007. He...

News

A new campaign to educate voters about the judicial system, the importance of fair and impartial judicial elections and how to evaluate judicial candidates launched in mid-January with a live webcast and video presentation by former U.S. Supreme Court Justice Sandra Day O’Connor.

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

REINSTATED

The Tennessee Supreme Court reinstated the law license of James A. Meaney III of Ringgold, Ga., on Dec. 23, 2013, after he responded to the Board of Professional Responsibility regarding a complaint of misconduct.

The Law at Work

In the arena of wage and hour litigation, it has become more and more common for plaintiffs to append state law causes of action (under various theories) to their federal claims. The primary benefit to the plaintiffs is that state law claims potentially carry a longer statute of limitations, and, thus a greater look-back period for damages. In Tennessee...

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

In the spring of 1983 Jim Thornton was finishing his second year at Memphis State Law School. He was living in an apartment, separated for a couple of months from his wife Lavinia Johnston Thornton and their young son Will, 3. The latter occupied a nice house a short distance away in the Germantown area.

On Tuesday, May 3, the threesome went to an...

But Seriously, Folks

Like many busy lawyers, I am a frequent flyer. Several times each month, I make sure my seat back and tray table are in their locked, secure and upright position. I fasten my seatbelt and then say a little prayer before takeoff.

Like my hero, the late great Lewis Grizzard, I am not afraid of flying.

Flying is fine. It’s crashing and burning...