Tennessee Bar Journal

Feb 2015
Cover Story
Robert Morgan

What could a children’s book have to say about mentoring, you may be thinking, much less mentoring in the legal profession? Well, to that question I defer to one of the primary antagonists in Alice’s Adventures in Wonderland,[1] the Duchess, and her simple, reassuring words:

Feb 2015
Cover Story
Journal News

There are many mentoring programs in the state, sponsored by city, local and speciality bars, law schools and the Tennessee Bar Association. Access a list of programs, some of which offer CLE credit, in each judicial district at...

Mar 2015
Cover Story
David Hudson

“That no person arrested and confined in jail shall be treated with unnecessary rigor.” So reads Article I, Section 13 of the Tennessee Constitution, a provision that has appeared in all three Tennessee Constitutions, including the initial one in 1796.[1] Despite the strong language, the provision has not received extensive treatment in Tennessee....

President's Perspective
Jonathan Steen

The state legislature is back in session with the opening of the 109th Tennessee General Assembly. Seven lawyers have joined the General Assembly this year, raising the number to 21 members of the 132-member body who are lawyers. This reverses a general downward trend of the number of lawyers in the Tennessee legislature over time, and increases the...

President's Perspective
Jonathan Steen

Imagine, if you will, a small business owner working for the same rate of pay for the last 20 years. Overhead has gone up. The cost of living has gone up. In fact, according to the U.S. Department of Labor, in the marketplace, average hourly earnings have more than doubled in that time. Sounds like an episode of the “Twilight Zone,” but the sad truth is...

Letters of the Law
Letters of the Law

Review of Book on Baker Brings Back Memories

I commend Gary Shockley on his excellent review of Bill Haltom’s book The Other Fellow May Be Right: The Civility of Howard Baker in the January 2015 Tennessee Bar Journal, and of his reminiscence of his personal experience with Senator Baker as his law partner. I had similar...

History's Verdict
Russell Fowler

“A good judiciary lends much to the dignity of a state and the happiness of a people. When on the contrary a bad judiciary involved in party business is the greatest curse that can befall a country.”[1]

— Andrew Jackson

Senior Moments
Monica Franklin

On Dec. 19, 2014, President Obama signed the“Achieving a Better Life Experience Act of 2014” or more succinctly “The ABLE Act of 2014.” This act amends Section 529 of the Internal Revenue Code of 1986 to include Section 529A. An ABLE account resembles a “first party” special needs trust in that it is a mechanism for the individual

Membership Maven
Kelly Stosik

Want to get in on the ground floor?!

I know you do…everyone does! It’s just that usually it’s not an option.

The TBA loves you and wants you to be happy! That’s why we have FIVE NEW SECTIONS where you can get in on the ground floor, be a leader, and be in the know right from the get go!

The exciting new sections are...

Success!
TBA People

The Oak Ridge law firm of Mostoller, Stulberg, Whitfield & Allen celebrated its 40th anniversary recently with clients and colleagues. The firm, founded by Ann Mostoller and Dorothy Stulberg, was one of the first all-female practices in the state. Since that time, it has expanded its practice to handle family law, special education, probate, criminal...

Success!
TBA People

The Association for Women Attorneys announced its new board officers in January. TBA members among them are: President-elect Lisa Gill, Vice President Diana Comes, Secretary Anita Lotz and board member at-large Laurie Christensen. New committee chairs also were named. TBA members among...

News

11 Named to judicial appointments council

Tennessee Gov. Bill Haslam announced Jan. 12 the 11 members of the Governor’s Council for Judicial Appointments, which will recommend candidates to fill vacancies for Tennessee trial and appellate courts. The council was established by executive order following passage of a constitutional amendment...

News

A bill to increase the rate court-appointed attorneys are paid to $100 per hour was filed Feb. 12 in the General Assembly.

Senate Bill 1009 and House Bill 1025 were introduced with bipartisan sponsorship in both houses, with Sen. Lee Harris, D-Memphis, and Sen. Steve Dickerson, R-Nashville, sponsoring the bill in the Senate and Rep. Mike Stewart, D...

Passages
TBA People

Retired Brentwood lawyer and TBA senior counselor WILLIAM BRUCE “BILL” BRADLEY died Dec. 11, 2014, at 81. After graduating from Southern Methodist University, Bradley worked at Aetna Life in Dallas and was president of Hermitage Life in Nashville. He earned a law degree from Nashville School of Law and formed Brentwood Law and two local...

Licensure & Discipline

DISABILITY INACTIVE

The law license of Shelby County lawyer William C. Gosnell was transferred to disability inactive status on Dec. 23, 2014, after Gosnell notified the Board of Professional Responsibility (BPR) that he suffers from a disability that prevents him from practicing law or defending himself against a disciplinary...

Licensure & Discipline

REINSTATED

The Supreme Court of Tennessee reinstated the law license of Shelby County lawyer John Robert Hershberger on Jan. 21. Hershberger had been suspended on May 30, 2014, for two years, with 60 days to be served on active suspension and the remainder on probation. On Dec. 15, 2014, Hershberger demonstrated that all...

Crime & Punishment
Wade Davies

The Tennessee General Assembly has passed a number of new statutes to preserve personal privacy as technology continues to intersect with criminal law.

A. Drones. The Tennessee General Assembly took an early interest

in the criminal law implications of the use of drones.[1] In 2013, the legislature passed the “Freedom from Unwarranted...

The Law at Work
Edward Phillips

The United States Supreme Court, in an unanimous nine-page opinion authored by Justice Thomas, recently held that the time warehouse employees spent waiting to undergo and actually undergoing post-shift security screenings is not compensable under the Fair Labor Standards Act (FLSA).[1] The case, Integrity Staffing v. Busk,[2] turned on the...

But Seriously, Folks
William Haltom

Unless you’re a divorce lawyer, Valentine’s Day is one of the best days of the year. If, like me, you’re lucky enough to have a sweetheart, you can let them know how much you love and appreciate them by sending them flowers or a heart-shaped box of candy. And if you don’t currently have a sweetheart but have someone in mind for the position, you can take...

But Seriously, Folks
William Haltom

If you ask any lawyer to name his or her all-time favorite novel, almost every one of them will quickly respond, “To Kill a Mockingbird!” Similarly, if you ask any lawyer to identify his or her favorite movie, once again, their response will most likely be, “To Kill a Mockingbird!”

Well, there are actually a lot of lawyers whose response to the...