March, 2014

Cover Story

The Department of Health and Human Services (HHS) published the long-awaited “Omnibus Rule” earlier this year, implementing a wide range of amendments to the Health Insurance Portability and Accountability Act of 1996 (HIPAA).[1] While these amendments raise significant compliance issues for health care providers and other entities traditionally...

President's Perspective

I am sure that many of you read the recent CNN article, "Why Are Lawyers Killing Themselves?"* While I knew that depression and suicide were certainly issues faced my members of our profession, I was very disturbed to learn that our profession ranked fourth in rate of suicides. In fact, suicide is the third leading cause of death for lawyers.

Letters of the Law

Issues Taken with Assistance Animal Article

This letter is in response to the Tennessee Bar Journal’s February 2014 cover story, “Pet or Pro?” by Samuel Gowin. While we appreciate Mr. Gowin’s and the TBA’s efforts to bring these issues to light, there are a few points of clarification we would like to make regarding assistance animals...

Book Review

By Cathryn J. Prince | Palgrave McMillan | $20.24 | 236 pages | 2013

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.

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

Davidson County General Sessions Judge Daniel B. Eisenstein recently was honored by the National Alliance on Mental Illness (NAMI) at its inaugural Tennessee Vision of Hope Gala. Eisenstein was recognized for 10 years of service as judge of the county’s Mental Health Court with NAMI’s Vision of Hope Award. Eisenstein has presided over...

News

TBA Public Education Committee Legal Handbook for Seniors Is Ready, Free

A book full of valuable information for Tennessee seniors is now available from the Tennessee Bar Association — and it’s free.

The Legal Handbook for Tennessee Seniors launched Feb. 24 and is available via website download, electronic...

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 law license of Shelby County lawyer David Gregory Hays was reinstated on Jan. 17 after he responded to the Board of Professional Responsibility regarding a complaint of misconduct. He had been temporarily suspended by the Tennessee Supreme Court on Dec. 9, 2013.

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

Suppose a male criminal shot a female victim in the head, killing her. Suppose further the male immediately sexually penetrated the female. Does such conduct constitute the crime of aggravated rape as codified at Tenn. Code Ann. §39-13-502? That was the issue in State v. Brobeck, 751 S.W.2d 828 (Tenn. 1988).

But Seriously, Folks

U.S. News and World Report has recently published its annual list of the top 100 jobs in America. So where do you think “lawyer” ranks on the list? Number 1? Well, no. Nick Saban is not the Chief Justice, and being a lawyer is not the professional equivalent of playing for the Alabama Crimson Tide or the Florida State Seminoles.

According...