Tennessee Bar Journal
March 2008 • Vol. 44, No. 3
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 | Cover Story
Disclosure DecisionsTwo Recent Opinions Shape IRS Access to Work ProductThis article raises serious concerns for all business lawyers and, specifically, for tax lawyers. The IRS wants to see your files and those of the accountants with whom and for whom you work! If the IRS wants your files, these cases and the IRS’s after-action comments define an institutional commitment. For our friends and sometimes collaborators, the business litigators,[1] the two principal cases merit attention as meani ... Read More >> |
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Feature Story
Expungement of Arrest Records: Erasing the Past The impact of the expungement of arrest records may be an issue in civil as well as criminal cases. If the witness’s record is expunged, is there any way to still use the criminal act in a deposition for example? What documents are subject to expungement? Sometimes the record can be easily expunged. On other occasions — such as where there is a conviction — expungement may be impossible, unless the conviction itself is vacated. This article a ... Read More >> |
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President's Perspective
Mentor a Young Lawyer ... and Learn Something Yourself
The ink was not yet dry on my law license. The attorney with whom I practiced came into my office and told me I would be representing a client in a trial proceeding in criminal court that day. Although one might think I had no time to panic, in the two hours between the discussion and my speeding down the road to court (our offices were about 15 miles away) I had ample time to panic. The statute was an obscure city code ordinance, and it had ... Read More >> |
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Letters of the Law
This letter was written to Donald F. Paine, in care of the Tennessee Bar Journal, regarding his November 2007 review of Professor Nancy Isenberg’s book, Fallen Founder: The Life of Aaron Burr.
I take issue, respectfully, with you (and Nancy Isenberg) on your review and fulsome appraisal of Aaron Burr. I agree that he was an outstanding lawyer, but believe he fully deserved the charge of treason against him, and like many patriots of the day, consider him devious, overly ambitious, and a calcula ... Read More >> |
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News
Raising more than $30,000 for charities Holbrook runs ‘60 at 60’Knoxville lawyer and Tennessee Bar Journal columnist Dan Holbrook celebrated his 60th birthday, Feb. 10, by inviting people from all over to help him run 60 miles at the University of Tennessee’s Tom Black Track. Instead of gifts, he asked people to donate to one of three charities: Hope Resource Center, Alzheimers Association or Knox Heritage. “We haven’t completed the tally, as checks are still coming in, but it will be we ... Read More >> |
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Disciplinary Actions
ReinstatedDelores Charlotte Korb of Santa Fe, N.M. has complied with Section 20 of Supreme Court Rule 9, which requires the payment of annual registration fees, and her non-payment suspension has been removed. However, she remains suspended for non-compliance with continuing legal education requirements. Knoxville attorney Aubrey Lewis Davis was reinstated to the practice of law on Jan. 15 after responding to a complaint of misconduct. He had been suspended temporarily on Sept. 19, 2007, for fail ... Read More >> |
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People
20th Judicial District Circuit Court Judge Walter C. Kurtz of Nashville will retire effective March 21 after more than 25 years, to become the state’s fifth senior judge. Chief Justice William M. Barker of Chattanooga said Kurtz will be missed as a trial court judge, but will continue to serve Tennesseans in his new position. Senior judges are former trial and appellate court judges who may be assigned on a temporary basis to any state court. “He is as well-respected as any judge in the stat ... Read More >> |
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Book Review
A Rush to InjusticeBy Nader Baydoun and R. Stephanie Good | Thomas Nelson Inc. | $25.99 | 260 pages | 2007 Nashville lawyer and Duke alumnus Nader Baydoun was so puzzled by what he was hearing about the treatment of the accused Duke lacrosse players that he returned to Duke, did his own investigation, and wrote a book about the case. In A Rush to Injustice, coauthored by New York attorney and writer Stephanie Good, Baydoun uses his training as a trial lawyer to analyze the available evidence and d ... Read More >> |
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Book Review
Until Proven InnocentThis book exonerates the three falsely accused Duke lacrosse players. It indicts and convicts three guilty parties:
- Prosecutor Mike Nifong, now disbarred;
- The “Group” (Gang?) of 88, airhead malicious faculty members; and
- The New York Times, the newspaper joke of record.
Read Nader Baydoun’s book, reviewed by Wade Davies in this issue. Read this book for additional details.� |
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Paine on Procedure
Murdering Wifey to Please Mom? The Trial of Hiram HallHere’s the traditional version. Hiram Hall, age 18, of Cumberland County murdered his younger wife Ida by hitting her head with a rock and dropping her into a well on the family farm on Aug. 18, 1897. He was tried Aug. 26 through 28, 1898, convicted, and sentenced to death. The Supreme Court affirmed Jan. 28, 1899. He was hanged at 6:53 a.m. on Thursday, April 13, 1899. Hiram’s April 12 confession before execution blamed his mother for or... Read More >> |
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But Seriously, Folks
The Last Tennessee Jury TrialI’ve been a trial lawyer now for 30 years, and I realize I’m going the way of the dinosaur. Trial lawyers should be placed on the endangered species list. We crusty old geezers who love to stand before juries and speak up on behalf of our clients are being replaced by litigators, mediators, conflict resolution facilitators, and holistic creative alternative dispute resolution consultants. We should probably add trial court judges to the endangered species list as ... Read More >> |
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