Tennessee Bar Journal

Jul 2016
Cover Story
David Hudson

Defamation law seeks to protect a person’s reputation from harm caused by false statements. As Justice Potter Stewart wrote 50 years ago: “The right of a man to the protection of his own reputation from unjustified invasion and wrongful hurt reflects no more than our basic concept of the essential dignity and worth of every human being — a concept at the...

President's Perspective
Jason Long

A new bar year has begun. I would be remiss if I did not take this opportunity to thank Bill Harbison, our immediate past president, for his excellent leadership. I want to applaud all of the volunteers who worked tirelessly, with innovation and imagination, to ensure another successful year. Thanks also goes to the staff of the executive director’s...

Letters of the Law
Letters of the Law

Financial Exploitation Column Helpful in Everyday Practice

These letters were written to Knoxville lawyer Monica J. Franklin, who writes the Journal’s regular column, Senior Moments. They are in reference to her June column, “Protecting Older Adults from Financial Exploitation: Proposed Federal Laws and Regulations.”

History's Verdict
Russell Fowler

“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.”[1]

— Abraham Lincoln...

Crime & Punishment
Wade Davies

Recently I was driving to Nashville with my family. A car ahead was smoking and dropping some sort of brightly flaming material at  regular intervals on the interstate. I called 911 (as had others). I don’t know whether the driver was violating any criminal laws, but I’m pretty sure it would have been reasonable for an officer to blue light the car...

Success!
TBA News

Jeremy M. Cothern has joined the Chattanooga firm of Patrick, Beard, Schulman & Jacoway PC as an associate attorney. He will practice civil and criminal litigation with a primary focus on business and tort litigation. Cothern previously worked for Berke, Berke & Berke.

Farrar | Wright PLLC announced that Steve...

News

TBA Members Give Strong Support to Justices

Nine out of 10 lawyers recommend that Tennesseans vote to “retain” the three Tennessee Supreme Court Justices on the Aug. 4 ballot. The data is the result of a Tennessee Bar Association (TBA) Candidate Evaluation Poll conducted during four weeks in May and June.

Passages
TBA News

Kingsport attorney JOHN P. CHILES died May 24 at the age of 73. After serving in the U.S. Army, Chiles graduated from the University of Tennessee College of Law and began his legal practice in his hometown of Kingsport in 1973. He practiced there for 40 years. Donations in his honor may be sent to the Mission Fund at First Baptist Church...

Licensure & Discipline

DISCIPLINARY

Censured
Nashville attorney Yvette Yolanda Cain was publicly censured by the Tennessee Supreme Court on May 31. The court took the action after Cain acted beyond the scope of her authority in the representation of a client, failed to communicate with the client and took actions which had an...

But Seriously, Folks
William Haltom

One was a fighter, and not just any fighter. He bragged that he was “the greatest” of all time, and he was right. The other was a lawyer who had an ego as big as the fighter’s.

The fighter was an African American who grew up fighting racism in the 1950s and ‘60s in his segregated hometown of Louisville, Kentucky.

The lawyer had grown up a...