News

Turn Your Expertise into a Magazine Article

It’s no surprise that some of the best articles in the Tennessee Bar Journal have come from TBA section members. Your membership in this section shows that you have a keen interest in trends, developments and case law in this practice area. Sharing this knowledge with your colleagues is one of the best traits of the profession.

How can you become a Journal author? Think of and refine your topic. It should be of interest to Tennessee lawyers, which is a broad criteria. This could mean you might explain a new state law, explain a complicated area of law, or take a larger issue and connect it to what it means for Tennessee attorneys and the justice system. Find a global issue within your particular experience or knowledge and tell about it and how it affects Tennessee law. Then take a look at the writer’s guidelines at http://www.tba.org/submit-an-article, which will tell you about length, notes and other details. Once it’s in the proper format, send it in! It goes to the editor, Suzanne Craig Robertson, who will then get it to the seven members of the Editorial Board for review.

If you are published, you may apply for CLE credit for your work under Supreme Court Rule 21 Section 4.07(b). For details on claiming the credit, check with the Commission on CLE & Specialization at http://www.cletn.com/.

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ABLE, Nursing Home Law, Estate Planning and More at 2017 Elder Law Forum

The TBA's annual Elder Law Forum will be held July 14 at the AT&T Building in downtown Nashville. Sessions will cover ABLE, Special Needs Trusts, Medicare bundled billing, estate planning, wills and corresponding tax implications. Legislative updates will be provided to include information regarding nursing home law developments and regulations. A new session will address how to avoid pitfalls involving families and the representation of elders.

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TBA Convention in Kingsport is Just Around the Corner

Registration is open for the 2017 TBA Annual Convention. This years programming offers plenty of opportunities to make new friends and renew acquaintances with colleagues from across the state. The highlight comes Thursday night with the Kingsport Karnival at the downtown Farmers Market. Along with fabulous food and drink, there will be live music from two bands, an aerialist, juggler, magician, body and face painters, caricaturist and more. Plus, you'll have access to the fabulous Kingsport Carousel, the delightful project of community artisans. Special thanks to Eastman for support of this event! 

This years convention also offers 12 hours of CLE programming, highlighted by sessions on the Hatfields and McCoys, The Neuroscience of Decision-Making, and the popular Better Right Now wellness program. It is all set at the beautiful MeadowView Marriott Conference Resort & Convention Center. To receive the TBA $129 room rate, you must book your reservation by May 23. Book your room online now or call 423-578-6600.

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Call For Submissions — Law Practice Pointers

One of the benefits of being a TBA Section Member is having access to information from experienced practitioners to assist in your day-to-day practice. The sharing of this information amongst colleagues is one of the best traits of the profession. It is also a way of helping each other to maneuver the evolving legal market and strengthen your legal practice.

How can you help your fellow Section Members?  If you have some Law Practice Pointers you would like to share with your fellow section members, write an article between 300-500 words and submit it to the Section Coordinator for review and approval. These Law Practice Pointers can be related to a court opinion, piece of legislation, or current event or industry trend that affects the practice of law as it relates to the specific Section. The main requirement is to make sure the article gives lawyers practical tips, based on experience, to include in their day-to-day practice.

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Grant Applications Now Being Accepted for SeniorTrust/Elder Trust Settlement Funds

After $35 million in funds were made available from two cases settled in Davidson County Chancery Court, the grant submission process for those funds is now ready to begin. The funds must be utilized on a statewide basis with local impacts in addressing four specific senior issues in Tennessee: affordable senior housing, senior dental, senior transportation and legal assistance for seniors. The deadline to submit applications is July 31, 2017. Find the application materials here.
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New Law Would Toughen Penalties, Fines for Elder Abuse

Legislation that increases penalties and fines for elderly abuse and creates a new offense for those who do not report it passed out of the House Criminal Justice Committee today and will now go to the House Finance Committee. Sponsored by Rep. Kelly Keisling, R-Byrdstown, and Sen. Mark Norris, R-Collierville, the bill (HB0810/SB1230) is supported by the District Attorneys General Conference, which was acting on findings provided by a governor’s task force. The Senate version of the bill, which is set to go before the Finance, Ways and Means Committee, differs some from the House version. It applies the protection to those 80 and older, while the House version applies it to those 70 and older. A fiscal note attached to the bill says there would be a $4.2 million cost for additional incarceration if the bill is passed.

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Crider Named Chair of Baker Health Care Litigation Group

Christy Tosh Crider, a shareholder in Baker Donelson’s Nashville office, has been named chair of its Health Care Litigation Group, the Tennessee Ledger reports. She will continue to serve as chair of the firm’s Long Term Care Group, as well as the Woman’s Initiative. Crider’s practice is concentrated in the long-term care and behavioral health industries, managing the litigation of numerous long term care facilities around the country.
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CLE Outlines How to Change Your Practice to Meet Market Demands

The fourth and final CLE in the “Modern Law Practice Series” will explore emerging trends in the delivery of legal services and how focusing on consumer behavior could benefit your law firm. This session will examine the ways in which consumer-facing companies like Avvo and LegalZoom have capitalized on tailoring services to the needs of the modern legal client and how you can adjust your practice to meet those same demands. The program will be held April 13, and will be available in person and on-demand.

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$35M to Be Granted to Statewide Aging Programs

About $35 million will soon be made available through a grant process stemming from the settlement of two Davidson County Chancery Court cases in Tennessee. In August, the court ordered that the funds would be used "to sustain and improve the quality of life for the elderly of Tennessee.” The court also ordered the funds be used “on a statewide basis with local impacts” in addressing four specific senior issues in Tennessee: affordable senior housing, senior dental, senior transportation and legal assistance for seniors. Learn more about the process from the Tennessee Commission on Aging and Disability.

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$35M to Be Granted to Statewide Aging Programs

About $35 million will soon be made available through a grant process stemming from the settlement of two Davidson County Chancery Court cases in Tennessee. In August, the court ordered that the funds would be used "to sustain and improve the quality of life for the elderly of Tennessee.” The court also ordered the funds be used “on a statewide basis with local impacts” in addressing four specific senior issues in Tennessee: affordable senior housing, senior dental, senior transportation and legal assistance for seniors. Learn more about the process from the Tennessee Commission on Aging and Disability.

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TBA Mashup and Mini Legal Hackathon this Friday

In conjunction with the Law Tech UnConference CLE this Friday, the TBA is also offering a variety of free events and programs for lawyers we’re calling a Mashup. One program will teach you about Legal Hackathons and see one in action. A Legal Hackathon is a collaborative effort of experts in the legal profession collaborating with a computer programmer to find a technology assisted solution to a problem in the legal industry. Join the TBA Special Committee on the Evolving Legal Market for a mini legal hackathon that will demonstrate the power of collaborative minds at work. We will have tasty beverages and snacks to help you get your collaborative juices flowing.  
 
Other programs that will be a part of the Mashup include Pro Bono In Action which will show you various pro bono programs you can participate in to help your fellow Tennesseans and Member Benefit Programs that will provide you information on  Fastcase 7, health insurance options for small firms, ABA retirement funds and professional liability insurance.
 
Please sign up now to let us know you are coming.

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Crime Victims’ Private Records, Elder and Labor Law in This Issue

The Tennessee Supreme Court’s majority opinion in The Tennessean v. Metro last year was a victory for law enforcement and a significant setback for the state’s news media, writes Daniel Horwitz in this month's Tennessee Bar Journal. How the ruling will affect crime victims’ ability to protect their private records from public disclosure after criminal proceedings have concluded is uncertain. Also in the February Journal, Monica Franklin writes about The Special Needs Trust Fairness Act of 2016, Edward G. Phillips and Brandon L. Morrow’s column discusses times when protected activities provide a legitimate, nondiscriminatory reason for termination, while Bill Haltom enumerates the reasons why your valentine should be a lawyer. Read the entire issue.

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WTLS Scores Seniors Grant

In addition to Legal Aid of East Tennessee, West Tennessee Legal Services (WTLS) has received a “Serving Tennessee’s Seniors” grant from the Community Foundation of Middle Tennessee. The one-time grant of $15,300 will help WTLS expand senior-friendly access to legal help by creating a SeniorLAW website, which will include videos about legal issues affecting seniors, as well as printed instruction cards for using the website.
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Legal Aid Awarded Serving Seniors Grant

Legal Aid of East Tennessee (LAET) was one of 121 state nonprofits and government organizations to receive a grant from the Community Foundation of Middle Tennessee as a part of the Serving Tennessee’s Seniors program. Funding for the $25,000 grant to LAET was provided by the Chancery Court and administered by the Community Foundation through the settlement of a lawsuit against SeniorTrust and ElderTrust. The program is available to seniors in the following counties: Carter, Cocke, Grainger, Green, Hamblen, Hancock, Hawkins, Jefferson, Johnson, Sullivan, Unicoi and Washington.
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Help Needed Tomorrow for Memphis Veterans’ Clinic

A free legal clinic for veterans will be held Tuesday from noon to 2 p.m. at the Memphis Veterans Center, 1407 Union Ave., 11th floor. Volunteers are still needed, especially in the practice areas of criminal defense, family law and employment law. The clinic is co-sponsored by the Memphis Bar Association and Memphis Area Legal Services and takes place the second Tuesday of the month to assist veterans with legal advice. For more information and to volunteer, contact Jake Dickerson, 901-577-8236.

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State Courts Call for Guardianship Reform

The Conference of Chief Justices and the Conference of State Court Administrators Joint Committee on Elders and the Courts recently adopted a strategic action plan calling for modernization of and greater transparency in the guardianship/conservatorship process and improved state court oversight. The Adult Guardianship Initiative prioritizes the protection and enhancement of individual rights and calls for federal implementation of a Guardianship Court Improvement Program to spur nationwide reform.

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Veterans Legal Clinic Set for Jan. 11

Volunteers are needed for a Veterans’ Legal Advice Clinic scheduled for Jan. 11 from noon to 2 p.m. in Knoxville. The clinic is one of several planned by a group of legal organizations in the city, including the Knoxville Bar Association, the Knoxville Barristers, Legal Aid of East Tennessee, Knox County Public Defender’s Office, the University of Tennessee College of Law and the local Veterans’ Affairs office. It will take place at the Knox County Public Defender’s Community Law Office, 1101 Liberty St.

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Have You Heard About the TBA Mashup?

Interested in observing a legal hackathon or getting a hands-on demonstration of the new Fastcase 7 platform? Both will be part of the first TBA Mashup, a full-day of activities and free programming set for Feb. 17 at the Tennessee Bar Center in conjunction with the annual TBA Law Tech UnConference CLE program.

In addition to the hackathon and Fastcase 7 demo, the TBA Mashup will feature sessions on: 

  • Current State of Health Insurance for the Small Firms
  • Professional Liability Insurance - What to look for in YOUR Policy
  • A Demo of Fastcase TopForm, a powerful bankruptcy filing software
  • Retirement Planning Guidance from the ABA Retirement Funds
  • Pro Bono in Action: How to help with pro bono events and how to take part in online options

At the annual TBA Law Tech UnConference CLE program, you can take as many or as few hours as you need. Registration will be open all day. Payment will be determined at checkout based on the hours you need. Topics will include: 

  • Bill & Phil Tech Show
  • Ethical Considerations for Cyber Security in Law
  • Evolution of the Legal Marketplace
  • Making e-Discovery Affordable 
  • Drone Law
  • Encryption for Lawyers

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Turn Your Expertise into a Magazine Article

It’s no surprise that some of the best articles in the Tennessee Bar Journal have come from TBA section members. Your membership in this section shows that you have a keen interest in trends, developments and case law in this practice area. Sharing this knowledge with your colleagues is one of the best traits of the profession.
 
How can you become a Journal author? Think of and refine your topic. It should be of interest to Tennessee lawyers, which is a broad criteria. This could mean you might explain a new state law, explain a complicated area of law, or take a larger issue and connect it to what it means for Tennessee attorneys and the justice system. Find a global issue within your particular experience or knowledge and tell about it and how it affects Tennessee law. Then take a look at the writer’s guidelines, which will tell you about length, notes and other details. Once it’s in the proper format, send it in! It goes to the editor, Suzanne Craig Robertson, who will then get it to the seven members of the Editorial Board for review.
 
If you are published, you may apply for CLE credit for your work under Supreme Court Rule 21 Section 4.07(b). For details on claiming the credit, check with the Tennessee Commission on Continuing Legal Education or access an Affidavit of Sole Authorship or an Affidavit of Joint Authorship from the Commission's website.

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State’s Prosecutors Taking on Elder Abuse

District attorneys throughout Tennessee will be going after elder abuse cases more aggressively in 2017 thanks to a law that goes into effect Jan. 1, WJHL reports. In one district, the work is underway to form a Vulnerable Adult Protective Investigative Team (VAPIT), which will be made up of law enforcement, prosecutors and protective services employees. Like other teams, the Sullivan County team will educate the public about elder abuse, encourage people to report abuse and prosecute those who abuse the elderly and disabled adults. Under the program, law enforcement officers will be trained to spot abuse and prosecutors will be given access to closed protective services cases for possible prosecution.

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TBA Activates Disaster Legal Assistance for Wildfires

In response to the wildfire disasters in Gatlinburg and Sevier County, the TBA is partnering with the Tennessee Alliance for Legal Services (TALS), Legal Aid of East Tennessee (LAET) and the Supreme Court's Access to Justice Commission to help those affected with their legal needs. Attorneys who want to help can access training resources and other materials on the TBA's Disaster Legal Assistance page. Legal clinics and outreach related to losses from the fires are anticipated and volunteers will be needed. For more information or to volunteer in the area, contact Kathryn Ellis at Legal Aid of East Tennessee. Those who are not in the area but still want to help can volunteer to answer online questions at TN Free Legal Answers or respond to calls on the HELP4TN helpline. The TBA's Young Lawyers Division Disaster Relief Committee has also been activated and will be assisting with volunteer recruitment and coordination efforts. To volunteer, complete the Disaster Legal Assistance Volunteer Form. If you know someone in need of legal assistance, please have them call the legal helpline at 844-HELP4TN, or visit help4tn.org.

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Did Appeals Court Call for Reconsideration of Cowan Rule?

Since the Tennessee Supreme Court found that a final will cannot be contested by an individual who was left out of a previous will, the so called 1906 “Cowan Rule” has been creating heartburn for judges, the Times Free Press reports. The most recent test came in the case of J. Don Brock. At the trial court level, the judge “reluctantly dismissed” the claims of Brock’s children because they were cut out of a previous version. The appeals court upheld the decision but in a rare move, may have encouraged the state Supreme Court to re-examine the ruling and its practical application. Attorneys for the estate, however, say the appeals court did not ask for reconsideration but merely pointed out that the rule could be used to hide fraud. Read it here.

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Opinion: Time to Shed Light on Elder Abuse

It is time to address issues of elder abuse, neglect and financial exploitation that have largely gone unnoticed and unaddressed, writes Matthew H. Schwimmer in the Jackson Sun. A 2016 graduate of the University of Memphis School of Law and an Equal Justice Works/AmeriCorps Elder Justice Fellow with West Tennessee Legal Services, Schwimmer calls on Tennesseans to educate themselves, get involved in older Americans’ lives and, if they become aware of abuse, contact their local legal services organization.

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Hawkins Judge Honors Veterans Mentor

Hawkins County’s first nationally certified “Justice for Vets” mentor, Ron W. Light, was honored by General Sessions Judge J. Todd Ross during a ceremony Wednesday, the Times News reports. Light, a veteran of Operation Desert Storm, has a long history of assisting veterans with service-related issues. Most recently he helped implement a Veterans Mentor Program in Hawkins County Sessions Court, and as a volunteer with the program he will help veterans get needed treatment and benefits and coordinate with other judicial entities such as the Community Justice Program and probation services on their behalf.

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Veterans Treatment Court Hosts Fall Festival

Veterans and their families celebrated the fall season with the Montgomery County Veterans Treatment Court at the end of October. The event was designed to forge positive relationships between program participants and their families, alumni of the program, mentors and court staff. “We get to know our participants that we see regularly, sadly we don’t build the same connection with their families,” Judge Kenneth Goble told the Leaf Chronicle. The group’s next event will be a graduation ceremony Nov. 15 at 1 p.m. at the county courthouse.

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