News

Columns: Evolving Legal Markets, Robin Williams, Banking and Fred Thompson

In this issue of the Tennessee Bar Journal, TBA President Bill Harbison writes about the "disruptive changes" that are occurring in the delivery of legal services. Columnist Eddy Smith details the genius of Robin Williams' estate plan and Kathryn Reed Edge covers banking and the U.S. Supreme Court. In his column, Bill Haltom remembers Sen. Fred Thompson and his tremendous contributions to the law and history.

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Memphis City Employees Suing Over Pension Cuts

Unions representing Memphis city employees filed a lawsuit asking a judge to stop planned pension cuts for newer employees, WREG reports. "The City Council just arbitrarily selected 7 1/2 years and there was basis for that decision other than just pick a number," Danny Todd with the International Firefighters Association said. The pension cuts are expected to take place next July.

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Will and Estate Advice Seminar This Weekend in Knoxville

The Knoxville Bar Association will share free will and estate advice at its LawTalk seminar from 9 a.m. – 1 p.m. Friday at the John T. O’Connor Senior Citizens Center, 611 Winona St., and Saturday at Fellowship Church, 8000 Middlebrook Pike. Read more from the Knoxville News Sentinel.

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State Officials Support 'Celebrate Pro Bono Month'

State officials are encouraging Tennesseans to learn more about their legal options this month, NewsChannel 9 reports. The Tennessee Department of Commerce and Insurance's Division of Consumer Affairs reminds everyone that National Celebrate Pro Bono Week is being observed Oct. 25-31 across the nation. The department says that the week is a good time for people to "educate themselves when it comes to their legal options, which could be a title search, estate planning or a legal defense." In Tennessee more than 50 events are happening across the state during October. Now in its seventh year, the Tennessee initiative brings together bar associations, law schools, law firms, legal services providers and individual lawyers to offer free services to those unable to afford a lawyer. Learn more about the 2015 Celebrate Pro Bono Initiative.

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Opinion: Bitcoin Poses Unique Challenges for Lawyers

Because of their unique attributes, bitcoin and other virtual currencies present challenges for lawyers who wish to locate and collect against assets, a contributor to the Nashville Business Journal argues. Andrew Hinkes with the Florida business law firm Berger Singerman says the movement of money “almost instantly, without payment of fees and with minimal records” seriously complicates the tracing of assets. He encourages lawyers to understand how these systems work.

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2 Legal Aid Clinics Set for Oct. 27

Legal aid groups will hold two clinics on Oct. 27. The first, sponsored by Legal Aid of East Tennessee, will take place in Jonesborough from 2 to 4 p.m. at the Jonesborough Senior Center. The focus will be on estate planning. Contact Christy Harris for more information. The second is a general legal advice clinic in Jackson. That event will take place from 9 to 11 a.m. at the Regional Inter-Faith Association. Contact Kathryn Tucker for details. See the full list of Celebrate Pro Bono Month events.

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Weekend Clinics Planned for Oct. 3, 10

Celebrate Pro Bono Month events are planned for the next two weekends in Knoxville and Memphis. Legal Aid of East Tennessee will hold a legal advice clinic Saturday from 9 a.m. to noon at its Knoxville office. Call (865) 637-0484 to learn more. On Oct. 10, the TBA Young Lawyers Division will host a Wills for Heroes Clinic in Memphis. Contact Chasity Grice, (901) 761-3140, to get involved. See the full list of Celebrate Pro Bono Month events.

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50 Years of Travel, Plus Columns on Wills, Banking, Uber

To celebrate the Journal’s 50th birthday, travel back through some of the exotic trips the TBA has taken over the years -- Rome, Mexico, the Caribbean and more. This month, columnist Eddy Smith asks (and answers) the question, "Strictly Speaking, When Is a Will Not a Will?" and in her column, Kathryn Reed Edge gives an overview of interest rates. Humor columnist Bill Haltom suggests a slight career concept change … to Uber Attorney. See the entire August Journal here.

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Learn More About the Post Tanco World

The outcome of the historical case Tanco v. Haslam will continue to have a significant impact on several aspects of the law. Join your colleagues on Sept. 18 for the first annual LGBT Law Forum to discuss how the case will impact family law, estate planning, real estate and health care practices. And in case you missed it, the TBA's one-hour webcast on marriage equality covers the basics of the case.

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Community Forum Explores Social Security Issues

The year’s first Community Legal Forum – a joint initiative of the Bradley County Bar Association, the Bradley Governmental Law Library Commission and the Cleveland/Bradley Public Library – will take place June 2 at 7:30 p.m. at the library. Cleveland attorney Jack Tapper will lead the session, which is free and open to the public. The program will look at the basics of processing Social Security Disability and Supplemental Security Income claims as well as ways to increase Social Security benefits for married, divorced and widowed spouses, the Cleveland Banner reports.

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Learn More About Pending Decision on Marriage Equality

Join us in person or via webcast on July 2 for a TBA CLE on the Tanco v. Haslam marriage recognition challenge. The presentation will include a discussion on how the U.S. Supreme Court's decision will affect Tennessee, as well as an overview of the background, parties and issues involved in the case. Register for the onsite program or for the webcast.

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B.B. King Family Loses Battle for Control

Family members of Blues legend B.B. King lost a bid to take control of their ailing father’s affairs in a Las Vegas courtroom on Thursday. Three of King’s 11 surviving children asked the court to take control from King’s longtime business manager because they said he was stealing money and neglecting King’s medical care. The judge ruled there was no evidence to back up the claims, WRCB-TV reports.

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TBJ Includes Fiduciaries, Constitutional Convention of 1870

In the May issue, Nashville lawyer Scott Pilkinton examines the question of whether or not a felon can be a fiduciary. Turns out, it’s not an easy answer. Chattanooga lawyer and former TBA President Sam Elliott looks at "the two great issues" of the state's Constitutional Convention of 1870 and how it is still relevant today.

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Hooker Weighs in as Committee Considers 'Death with Dignity'

This summer, state lawmakers will gather to discuss the controversial issue of death with dignity and whether or not those with a terminal illness have the right to decide when to die. Now John Jay Hooker, who has been diagnosed with terminal melanoma, is championing this cause and fighting for the right to die with dignity. “I think if a person is suffering wants to leave this earth that the government’s got no business to tell them that they got to suffer and stay,” he told WKRN.

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Alleged Victim On Stand in Lawyers' Extortion Trial

Defense attorneys for two lawyers charged with extortion began grilling the alleged victim on cross examination in Clarksville Wednesday morning, the Leaf Chronicle reports. Attorneys Carrie Gasaway and Fletcher Long are each charged with one count of extortion after allegedly pressuring a client, Michelle Langlois, to pay money she claims she didn't owe them, and then having her arrested. The lawyers were charged after a two-year review by the Tennessee Bureau of Investigation.

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Steen: Bridge the Generation Gap With Clear Communication

In his Tennessee Bar Journal column about how different generations communicate, TBA President Jonathan Steen points out how important good communication skills are -- and why sending a text late at night to a senior partner may not be the best way to make contact. In the April issue's other columns, Eddy Smith covers IRA beneficiaries and creditor protection; Katy Edge explains how banking works for legal marijuana sales; and Bill Haltom comments on Justice Ginsburg’s recent nap before the president’s speech.

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Nashville Lawyers Form New Firm

Four Nashville lawyers have joined together to form the law firm of Surber, Asher, Surber & Moushon. The firm will focus on personal injury, business and construction law, professional liability and insurance defense, and probate and conservatorship law. Joel Surber, Garrett Asher and Matt Moushon were formerly partners at Parker, Lawrence, Cantrell & Smith. Jennifer Surber formerly served as counsel to the Davidson County Probate Court and as Special Probate Master for the Seventh Circuit Court.

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House Panel Approves Digital Assets Bill

A state House subcommittee has approved legislation setting rules for access to digital information after death or disability, Humphrey on the Hill reports. The “Uniform Fiduciary Access to Digital Assets Act” has drawn opposition from representatives of Facebook, Google and Amazon on the grounds that it would declare company policies void if they conflict with state law. The bill gives the legal representative of a deceased or incapacitated person authority to decide how pictures and postings on a site will be disposed of, even though the user once gave the site the right to control such things. TBA Executive Director Allan Ramsaur said many social media sites put such provisions in the fine print of their sign-up contracts, which has led to unfortunate situations. Knoxnews has the story.

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KBA Offers Community Law School This Weekend

The Knoxville Bar Association will offer its annual Community Law School this Friday at the O’Connor Senior Center, 611 Winona St., and on Saturday at Fellowship Church, 8000 Middlebrook Pike. On each day, volunteer lawyers will present a session on wills and estate planning from 9-10:45 a.m. and a session on consumer rights and responsibilities from 11 a.m. to 12:45 p.m. Pre-registration is not required but appreciated. Call (865) 522-6522 or register online for Friday or for Saturday's sessions.

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Don’t Miss Estate Planning & Probate Forum Friday

Make plans to attend the 10th Annual Estate Planning and Probate Forum, which will be held Friday at the Nashville Airport Marriott. During this year’s full-day program, lawyers will learn from some of Tennessee’s top estate and trust attorneys about cutting-edge estate planning techniques and probate considerations, and gain insights into new legislation and case law rulings affecting these areas. Learn more or register here.

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Attorneys Form Green Hills Law Firm

Three Nashville attorneys, including the former legal counsel to then-Gov. Phil Bredesen, have opened a law firm in the Green Hills area of the city. Trajan Carney, Steve Elkins and Leslie Curry have created Carney|Elkins|Curry PLC at 3817 Bedford Ave. in Bedford Commons. The firm will handle general civil litigation and appellate practice, with a focus on construction law, general business litigation, administrative and regulatory law, and labor and employment law. It also will offer estate planning and probate services. The Nashville Post has more on the story.

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Concubines and Dead Partners? TBJ Has Them This Month

The Standard of Clear and Convincing Evidence has never been so interesting, as when Judge Tom Wright and Ben Welch write about it, using concubines and dead partners as examples, in the February Tennessee Bar Journal. Also in this issue, Monica J. Franklin explains the ABLE Account, an alternative to special needs trusts, and Edward G. Phillips and Brandon L. Morrow delve into wage and hour issues in the high court. Bill Haltom has in mind a perfect Valentine's gift for the lawyer on your list.

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Estate Planning Forum Offers Cutting-Edge Training

Planning for digital and retirement assets are two key issues that will be addressed at this year’s annual Estate Planning & Probate Forum set for Feb. 27 in Nashville. Connect with 150 lawyers from across the state and earn six hours of CLE. Learn more or register here.

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Upcoming Wills for Heroes Clinics (as of 1/30/15)

The YLD again this year is providing free wills and other end of life documents for first responders in Tennessee. Clinics have been scheduled across the state through this coming May. Please contact the event organizer for more details or to volunteer. The following clinics are scheduled in the next few months. See the list of all scheduled clinics.

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New App Helps with Health Care Decisions

A new smartphone app developed by the ABA’s Commission on Law and Aging allows individuals and families to manage and share their health care advance directives and related information. The app, which offers unlimited storage and management of personal and family profiles and documents, is the latest resources released by the commission to help individuals make health care decisions. Other tools include a multi-state health care power of attorney, a consumer’s toolkit for health care advance planning and a guide to making medical decisions for others.

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