Tennessee Bar Journal

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....

Apr 2015
Cover Story
Marshall Davidson

During the years I was privileged to work as a staff attorney for Tennessee’s highest court, I made unexpected discoveries about the justices, lawyers who appear before them, and pitfalls to avoid in navigating our state’s appellate judiciary. Here are some of those discoveries.

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...

President's Perspective
Jonathan Steen

Good communication skills are essential for lawyers, whether communicating with clients, courts or colleagues. Good communication does not just mean the ability to speak or write well, but also to be responsive and to choose an effective method of communication. Good communication skills are something that we as lawyers must continually seek to improve,...

Letters of the Law
Letters of the Law

After Experience with Judicial Selection, Emison Says He  Would Now Vote ‘Aye’

Editor’s note: This letter is in response to “They Grew Up with the Journal” where I described the courteous scene when the TBA Board of Governors debated and voted on whether or not to support the “Tennessee Plan” in 1988, and specifically, Mr....

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

Where There's a Will
Eddy Smith

At the end of the third quarter of 2014, an estimated $7.3 trillion was held in Americans’ individual retirement accounts (IRAs), almost 11 percent of all household financial assets in the United States.[1] A recent United States Supreme Court ruling means that, without good estate planning, a significant portion of that wealth might not be protected...

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...

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...

TBA People

Attorneys from the Memphis office of Wyatt Tarrant & Combs and medical technology company Medtronic were honored in March during the Ninth Annual Corporate Counsel Pro Bono Initiative (CCPBI) Gala in Nashville. From left: Andy Pulliam, ATJ Committee Chair Jim Barry, Tennessee Supreme Court Justice Connie Clark, Andrew Campbell, U.S. Court of Appeals...


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...


Lucian Pera to be TBA President

Memphis attorney Lucian Pera of Adams and Reese will be president of the Tennessee Bar Association in 2017–2018, according to election-qualifying results. No other candidate filed for the vice president position by the Feb. 15 deadline. After taking office as vice president this summer, Pera will become president-...

TBA People

Former Chattanooga Bar Association president JOSIAH “JODY” CARR EGGLESTON BAKER, 85, died Feb. 10. Baker, who grew up in Chattanooga, graduated from Vanderbilt University Law School and the U.S Naval Intelligence School. He worked in Washington, D.C., for four years but returned to Tennessee in 1955 to serve as deputy clerk and master of...

Licensure & Discipline


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...

Licensure & Discipline


The Tennessee Supreme Court reinstated the law license of Putnam County lawyer Gary N. Lovellette on Feb. 2. Lovellette had been temporarily suspended on Nov. 26, 2014, for failing to respond to the Board of Professional Responsibility regarding a complaint of misconduct.

The Tennessee Supreme Court reinstated...

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...

Bank on It
Kathryn Edge

Fact 1: The production and sale of marijuana is legal in approximately 20 states and the District of Columbia for medical use and in Alaska, Colorado and Washington for recreational use.
Fact 2: The production and sale of marijuana is illegal under federal law.
Fact 3: Banks are required to...

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...

But Seriously, Folks
William Haltom

I believe in the power of naps, and consequently, I take a power nap nearly every day.

I have a nice couch in my office, and almost every day, after lunch, I close my door, kick off my shoes, curl up on that sofa and close my eyes. Within seconds I’m off to dreamland. I wake up without an alarm clock, ten or fifteen minutes later, and I feel...