Bylaws

Litigation Bylaws

Article I
Name/Purpose

§1.1 Name
This section shall be known as the Litigation Section (herinafter the “section”) of the Tennessee Bar Association (TBA).

§1.2 Purpose
The general purposes of the section shall be:

(1) to provide a forum address to the problems of the trial practitioner who specializes in litigation, without limitation to a particular substantive area

(2) to insure the freedom of the adversary process.

(3) to support and inspire the art of trial and appellate advocacy.

(4) to generally promote and further the interests of the profession within the field of litigation.

§1.3 Principal Office
The principal office of the section shall be maintained in the offices of the TBA.

§1.4 Fiscal Year
The fiscal year of the section shall coincide with that of the TBA.

Article II
Membership

§2.1 Enrollment
Any member in good stand ing of the TBA shall, upon request to the secretary of the TBA, be enrolled as a member of the section by the payment of the annual section dues.

§2.2 Membership
Members so enrolled and whose dues are paid pursuant to the provisions of this article shall constitute the membership of the section.

§2.3 Dues
Dues for membership in the section shall initially be set at $20 per year, payable upon enrollment, and thereafter shall be payable annually in advance in such amount as from time to time established by the Board of Governors of the TBA.

§2.4 Delinquency
Any member of the section whose annual dues shall be more than six months past due shall thereupon cease to be a member of this section.

Article III
Committees

The council of this section is authorized to establish, or to empower the chairman of the section to establish, such committees as it may deem necessary and desirable to promote effectively the activities of the section.

Article IV
Meetings

§4.1 Annual Meeting
The annual meeting of the section shall be held in conjunction with the annual meeting of the TBA.

4.2 Quorum
The members of the section present at any meeting shall constitute a quorum for the transaction of business.

§4.3 Controlling Vote
Action of the section shall be by majority vote of the members present.

§4.4 Agenda
Among the business to be transacted at the annual meeting by the membership shall be the election of officers and council representatives.

§4.5 Special Meetings
Special meetings of the membership of the section may be called by the chair upon approval of the council at such time and place as the council may determine.

Article V
The Council

§5.1 Powers
The council shall manage the affairs of the section.

§5.2 Composition
The council shall be composed of the following persons:

(1) the officers.

(2) the the immediate past chair

(3) nine representatives to be elected by the members of the section as provides in Article VII below.

(4) a representative appointed by the TYLC from among its members, who shall serve for a term of one year.

§5.3 Controlling Vote
Action of the council shall be by majority vote. members of the council, when personally present at a meeting, shall vote in person, and when absent may communicate their vote in writing on any proposition to the secretary/treasurer, and have it counted with the same effect as if cast personally at such meeting.

§5.4 Meetings
The council shall meet at least twice each year (with one meeting to coincide with the annual meeting of the section), and may meet at such additional times as called by the chiar upon reasonable notice.

§5.5 Poll of Council
A meeting is not essential for action by the council, provided that response is sought from all members of the council. The chair may, and upon written request of three members of the council shall, submit or cause to be submitted in writing to each member of thecouncil any proposition upon which the council may be authorized to act. The members of the council may vote upon such proposition so submitted by communicating their vote in writing to the secretary/treasurer, who shall record the same upon the minutes. The adoption of any proposition sub!submitted to the council shall require the affirmative vote of a majority of the members of the council.

§5.6 Executive Committee
There shall be an executive committee, which shall consist of the officers and the immediate past chair, who shall have full authority to act for this section at all times between meetings of the council.

§5.7 Referendum
The council may direct that a matter be submitted to the members of the section for vote by mail. In such event, section action shall be effected by a majority of the votes received in accordance with rules fixed by the council and as conducted and certified by the secretary/treasurer.

Article VI
Officers

§6.1 Officers
The officers of the section shall be the chair, the vice chair (who shall also be the chair elect), and the secretary/treasurer.

§6.2 Chair
The chair, or the vice chair in the absence of the chair, shall:

(1) preside at all meetings of the section and of the council.

(2) formulate and present at each annual meeting of the TBA a report of the work of the section for the then closing year

(3) appoint all committee chairs and committe members of the section who are to hold office during the chair’s term

(4) plan and supervise the program of the section during his /her term of office, subject to the approval of the council.

 

§6.3 Vice Chair
The vice chair shall aid the chair in the performance of the latter's responsibilities in such manner and to such extent as the chairman may designate.

§6.4 Secretary/Treasurer
The secretary/treasurer shall:

(1) be the custodian of all books, papers, documents, and other property of the section

(2) keep a true record of the proceedings of all meetings of the section and of the council

(3) keep an accurate record of all monies appropriated and expended for the use of the section, and shall keep the council duly informed of the section's account balances.

Article VII
Elections

§7.1 Elective Offices
At each annual meeting of the section the membership shall elect:

(1) a vice chair to serve a term of one year. The vice chair shall automatically succeed to the office of chair the followingyear. At the initial annual meeting of thesection in June of 1981, a chair shall also be elected to serve a term of one year.

(2) a secretary/treasurer to serve a term of one year.

(3) three council representatives from the grand division in which the annual meeting is being held, each of whom shall serve for a term of three years. At the initial annual meeting of the section in June of 1981, the membership shall also elect three council representatives from Middle Tennessee, who shall serve for a term of two years, and three council representatives from West Tennessee, who shall serve for a term of one year.

§7.2 Eligibility
A nominee for any elected position must be a member of the TBA and of the section at the time of his/her nomination. No person who has served a full term as chair or vice chair shall be eligible for re-election to said position for a period of three years following the expiration of his/her term in said position. No Council member may serve more than two successive terms of office.

§7.3 Nominations
The chair may appoint a Nominating Committee, which committee, if appointed, shall make and report to the section nominations for such offices and positions as are scheduled to be filled at the annual meeting. Nominations shall also be permitted from the floor.

§7.4 Voting
Each position to be filled by election shall be voted upon separately. Elections shall be by a majority of the votes cast.

§7.5 Vacancies
If any office or position, other than that of chair, shall become vacant during the period between annual meetings of the section, the office or position shall be filled by the council until the next annual meeting of the section.

§7.6 Initial Members of the Council
The initial set of officers of the section shall be elected by the Board of Governors of the TBA, to serve until the annual meeting of the TBA in June of 1981. The initial set of council representatives shall be elected by a majority of those present at the organizational meeting of the section, to serve until the annual meeting of the section in June of 1981.

Article VIII
Adoption and Amendment of Bylaws

§8.1 Adoption
These bylaws shall become effective upon their approval by the Board of Governors of the TBA.

§8.2 Amendment
These bylaws may be amended at any annual meeting of the section by a majority vote of the members of the section present and voting. Any amendment so adopted shall become effective upon approval by TBA’s Board of Governors.