April, 2014

Cover Story

“And these signs shall follow them that believe …
They shall take up serpents; and if they drink
any deadly thing, it shall not hurt them.”
— Mark 16:17, KJV

President's Perspective

While it has not been officially declared as one by Congress, and may not be the headline in your local newspaper, you should know that our profession is at war. Before you run for cover or head to your local recruiting office, I should mention that this war is being waged against a different type of “enemy” — one that does not want to engage us in...

Letters of the Law

Murrell Worse Than James?

Thank you for Russell Fowler’s interesting article about Milton Brown and John Murrell (“Milton Brown and the Trial of John Murrell,” March 2014 Tenn. Bar Journal). Murrell is apparently not as obscure as I supposed. Coincidentally, I just read a long account of John Murrell in Mark Twain’s Life on 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.

Where There's a Will

“To every thing there is a season, and a time to every purpose under the heaven: A time to be born, and a time to die …”

— Ecclesiastes 3:1-2

Two recent heart-wrenching news stories highlight the struggle between a woman’s constitutional right to refuse medical treatment and the state’s legitimate interest in...

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 Association for Women Attorneys (AWA) honored Linda Warren Seely at its 34th annual banquet in January with the 25th AWA Marion Griffin-Frances Loring Award. In presenting it, Tennessee Supreme Court Justice Janice Holder called Seely “the fabric of pro bono in our community” and credited her for introducing the...

News

JASON LONG WILL BE TBA PRESIDENT IN 2016

Knoxville attorney Jason H. Long will be president of the Tennessee Bar Association in 2016-2017, according to election-qualifying results. No other candidate filed for the vice president position by the Feb. 15 deadline. After serving a year as vice president, Long will become president-elect in 2015-...

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

Administrative Suspensions Now Online

Notice of attorneys suspended for, and reinstated from, administrative violations — including failure to pay the Board of Professional Responsibility fee, file the IOLTA report, comply with continuing legal education requirements and pay the Tennessee professional privilege tax — is now available exclusively...

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 one of my columns for the Tennessee Bar Journal, I featured good, old-fashioned bank robbers, both real and Hollywood-made. Men and women who pulled pistols on bankers and made off with the cash, either on horseback or Model-T, make for good pulp fiction and some bad TV, but they were not nearly so insidious as the new cybercriminals.

Paine on Procedure

I wrote about this topic in September 2005. Much has changed since then.

What is the rate? In the good old days the victor got a 10 percent rate. That got whittled down effective July 1, 2012. Now postjudgment interest is “equal to 2 percent less than the formula rate per annum published by the Commissioner of Financial Institutions.”

...

But Seriously, Folks

Students at the University of Tennessee are talking a lot about sex these days, and several members of the Tennessee Legislature want to stop it. And while they are at it, Tennessee lawmakers also want to stop the University from bringing in dangerous radical speakers such as Tom Brokaw and Dolly Parton.

Last month, UT students held their second...