Tennessee Bar Journal

Sep 2016
Cover Story
Suzanne Robertson

 “The practice of law is stressful,” writes Murfreesboro lawyer Pat Blankenship. “Lawyers get paid to enter into the fray of conflict, to expect and prepare for the worst case scenario. We are under great pressure to bill more hours, to work more, relax less. Technology keeps us constantly tuned in. There are myriad ways to mess it up, break a rule...

Sep 2016
Cover Story
Suzanne Robertson

“One of the many things cancer taught me was to commit to my health, to make that one of my primary concerns,” says Mary Griffin. After her breast cancer diagnosis she took an eight-week course on meditating “for people who have been through a health scare, because I didn’t have a way to relieve stress” and because she found it difficult to start a...

Sep 2016
Cover Story
Suzanne Robertson

Books

Wherever You Go, There You Are, by Jon Kabot-Zinn, Hyperion, 2005 (originally published in 1994).
Full Catastrophe Living, by Jon Kabot-Zinn, Bantam Dell (1990).
The Yoga Sutras of Patañjali by Swami Satchidananda
The Yoga Sutras of Patañjali: A New Edition, Translation, and Commentary...

President's Perspective
Jason Long

I am a proud graduate of Knoxville Catholic High School. I feel fortunate to have attended that school: My teachers were inspired, my classmates were curious and the environment was welcoming. I would not trade the experience. However, given the demographics of my city and the fees required to attend my school, there was limited exposure to diverse...

President's Perspective
Jason Long

I find myself referring, more and more frequently, to the core values of being an attorney. It has become a convenient catch phrase I use to bail myself out when lawyers don’t like hearing the message that the legal industry is changing and we are going to have to change with it to continue to thrive.

Letters of the Law
Letters of the Law

Legal Malpractice Statute of Limitations Subject of Debate

Russell Fowler’s feature article in the May issue was enjoyable from a historical perspective (“For Whom Montgomery Bell Tolls … Not for Tennessee Lawyers: Judicial Finality and Legal Malpractice”). The article, however, takes an interesting turn into the supposed flaws with the statute...

Book Review
James Price

Reviewed by J. Terry Price

By Jeena Cho and Karen Gifford | Ankerwycke | $29.95 Hardback | $12.99 Kindle | 251 pages | 2016

Book Review
Jack McCall

By Preston Lauterbach | W. Norton & Company | $16.95 | 352 pages | 2015

Senior Moments
Monica Franklin

Tennessee has joined other states in passing a law that allows a family member with a disability to age in place near their families while retaining their privacy and relative independence. In Tennessee, the General Assembly dubbed this option a temporary family health care structure.

Day on Torts
John Day

The statute of limitations applicable to personal injury claims filed on behalf of persons with mental impairments has changed twice in five years. The first change was a draconian measure that put persons with an unsound mind at a severe disadvantage. The new law, effective for claims arising as of April 27, 2016, fixes the prior error but then reverses...

Family Matters
Marlene Moses

If a court needs to determine the income available for support, herein after referred to as IAFS, of a parent with a fixed salary or hourly wage from an employer, the calculation is relatively simple and the subsequent formula straightforward. However, if a party is self-employed and/or the owner of a business, manipulation of IAFS through various...

Success!
TBA News

Linda Warren Seely is the new director of the American Bar Association Section of Dispute Resolution. She served as director of pro bono projects for Memphis Area Legal Services (MALS) from 2004 to 2015, when she became the director of MALS’ Campaign for Equal Justice. She served as president of the Memphis Bar Association in 2013. Most...

Success!
TBA News

The Chattanooga law firm of Gearhiser, Peters, Elliott & Cannon recently announced that Jacob L. Perry has joined the firm. Perry will practice primarily in the area of civil litigation. He previously clerked for Hamilton County Chancellors Jeffrey M. Atherton and Pamela A. Fleenor. He earned his law degree from the University of...

News

Indigent Rep Task Force Completes Tour The Supreme Court’s Indigent Representation Task Force conducted a statewide “listening tour” this summer designed to learn more and “look at indigency determinations, delivery of services, administration of the indigent representation fund and the current compensation rate.” The Task Force heard...

Passages
TBA News

Knoxville lawyer and TBA senior counselor FRANK BARNETT died July 15 at the age 82. A 1959 graduate of the University of Tennessee College of Law, Barnett began his career as a special agent for the FBI. He later joined East Tennessee Natural Gas as in-house counsel and was a founding partner of the Baker, Worthington, Barnett &...

Passages
TBA News

TBA Senior Counselor and retired Knoxville lawyer B. JOE GUESS, 81, died Aug. 26. Guess served in the U.S. Marine Corps before earning his undergraduate degree from Memphis State University and law degree from University of Tennessee in 1960. He was licensed in 1961 and practiced law until early 2016, most recently with Guess & Guess...

Licensure & Discipline

REINSTATED

Davidson County lawyer Joseph Paul Calandriello was reinstated to the practice of law on July 8. He had been suspended by the Tennessee Supreme Court on April 1, 2015, for a period of three years — 11 months and 29 days to be served on active suspension with the remainder to be served on probation. Calandriello filed a...

Licensure & Discipline

REINSTATED

The Tennessee Supreme Court reinstated Linda Kaye Kendall Garner to the practice of law on Aug. 9. She had been suspended for one year on June 15, with 30 days to be served on active suspension and the remainder to be served on probation. Her probationary period began on Aug. 9.

Sarasota, Florida, lawyer...

The Law at Work
Edward Phillips

Two recent age discrimination cases from the Tennessee Court of Appeals indicate that subjective, perhaps even self-serving, opinion testimony has been sufficient to overcome the employers’ legitimate nondiscriminatory reason and establish pretext. While the appellate court’s standard of review was limited in each case, because the case had reached the...

But Seriously, Folks
William Haltom

Nearly 50 years ago when I was in junior high school, I wasn’t much of an athlete. Like Rudy, I was five feet nothing and weighed 100 pounds soaking wet. I was so skinny I had to run around in the boys shower to get wet.

I could have been a pretty good soccer player. But at Frayser Junior High School in 1966, soccer was regarded as the sports...

But Seriously, Folks
William Haltom

I have now practiced law for 38 years. I’ve been counsel in more than 100 jury trials, ranging from who-had-the-green-light, to libel cases, to construction battles over sinking buildings, and even an antitrust case. (I’m one of the few lawyers in America who has actually tried an antitrust case. This is an offense that could actually have me kicked out...