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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State AG Files Suit Against California Company for Imposter Scam

Attorney General Herbert H. Slatery III has filed a lawsuit against a California company for allegedly mailing invoices to new homeowners requiring payment in order for the homeowners to receive copies of their deeds. The invoices are designed to look like real government documents. The suit names LA Investors LLC, based in Southern California, and its principals, Roberto Romero and Laura Romero. LA Investors conducted business in Tennessee under the names “Local Records Office” and “National Profile Document.”

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State AG Files Suit Against California Company for Imposter Scam

Attorney General Herbert H. Slatery III has filed a lawsuit against a California company for allegedly mailing invoices to new homeowners requiring payment in order for the homeowners to receive copies of their deeds. The invoices are designed to look like real government documents. The suit names LA Investors LLC, based in Southern California, and its principals, Roberto Romero and Laura Romero. LA Investors conducted business in Tennessee under the names “Local Records Office” and “National Profile Document.”

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Nashville Judge Under Scrutiny for Short-Term Rental Ownership Resigns

The Nashville magistrate who handled complaints and fines involving short-term rental properties has resigned amid reports that he owns mulitple short-term rental properties himself, the Tennessean reports. Jim Todd, magistrate for the Davidson County General Sessions Environmental Court, denies any wrongdoing, but said in his resignation letter to Judge Allegra Walker that he made the decision because “recent misleading media reports could call the court’s fairness into question.” 
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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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Nashville Sued Over Affordable Housing Ordinance

Conservative think tank Beacon Center of Tennessee filed a lawsuit against the city of Nashville for its recent affordable housing ordinance, calling it an unconstitutional mandate, the Nashville Post reports. The law requires apartment developers building five or more units and requesting variances for greater densities or heights to also include a percentage of new affordable housing units in the project. The suit seeks injunctive relief from the ordinance and a judge’s declaration that it is unconstitutional. 
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Court: Survivorship Rights Ended When Joint Owner Transferred Ownership

In a family dispute over land, the Tennessee Supreme Court has held that, where two persons own land as joint tenants with a right of survivorship, if one of them transfers her interest in the land to someone else, that action terminates both of the joint tenants’ survivorship interests. Justice Sharon Lee filed a dissent in which she argued it would be better to follow the law in jurisdictions such as Michigan or Oregon that do not allow a joint co-tenant to act unilaterally, protecting the rights and expectations of the joint tenants.
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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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Check Out New 1-Click CLE Offerings

Gain fast and easy access to annual updates with TBA's 1-Click CLE options. New packages offer recent programming in real estate, administrative law, and appellate practice.  
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Nashville Judge Rules Against ‘Eyesore’ Scrap Metal Yard

A federal judge in Nashville ruled against the scrapyard PSC Metals in a dispute between the company and its landlord, the Nashville Post reports. The two parties disagreed over an appraisal of the property, with the landowners believing that the appraisal should take into account what the land could be worth if it was rezoned from industrial to mixed use. Mayor Megan Barry has called the scrapyard an “eyesore” and former mayors have attempted to redevelop the property in the past.
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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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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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Investigators May Scrutinize Durham Land Deals

Federal authorities likely will scrutinize real estate transactions involving embattled ex-lawmaker Jeremy Durham, former U.S. attorney Jerry Martin told the Tennessean last week. An analysis of property records by the paper reveals that Durham and his wife borrowed $881,800 from a local bank to finance the purchase of three plots of land and construction of three homes in Williamson County. Records also show they transferred the properties in “unusual transactions” to a Spring Hill alderman who built the homes. The Durhams could have made as much as $91,000 in profit, but the deals were not listed on any disclosure statements, the paper reports. Durham’s lawyer Peter Strianse said all real estate transactions were “completely legal and properly reported to the IRS.”

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Judge Revives Nashville’s Airbnb Law

Davidson County Circuit Judge Kelvin Jones had a change of heart last week, the Tennessean reports. Jones previously had ruled that Metro Nashville’s law regulating short-term rental properties like Airbnbs was too vague to be understood by citizens and thus unconstitutional. Metro continued enforcing the law anyway, while asking Jones to stay his decision so better regulations could be written. Last week, Jones agreed with Metro attorneys that his ruling needed to be amended to only apply to Rachel and P.J. Anderson, the couple that filed suit against the rules. That means the city can enforce the law for everyone except the Andersons.

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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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Opinion: Homeless Vets Lack Access to Justice

Gary Housepian with the Legal Aid Society of Middle Tennessee and the Cumberlands writes in today’s Tennessean that there are nearly 40,000 homeless veterans in America and another 1.4 million at risk of homelessness. This fact, he suggests, complicates efforts to provide legal services to veterans, who often need help with eviction and foreclosure, outstanding warrants and fines and child support issues. Housepian calls on his fellow lawyers to provide critical civil legal services and urges veterans to reach out for help.

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Administrative Law Forum Coming Next Week

The TBA will hold a CLE on administrative law Nov. 18 at the Tennessee Bar Center in Nashville. Speakers will cover a wide range of topics including updates on Sunshine Laws, state contracts and real property issues such as easements, surveys, title searches and opinions, contracts, memorandums of understanding, leases and negotiations. A final panel will focus on ethics in the context of work/life balance.

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Hot Topics in Real Estate Coming Friday

This Friday the annual Hot Topics in Real Estate CLE – produced by the TBA and the Tennessee Land Title Association – will be held at the AT&T Building in downtown Nashville. The program will offer insight into commercial lending, a summary of the first year of the TILA-RESPA Integrate Disclosure Rule and an annual legislative report. Other sessions will cover advanced title issues, 1031 tax free exchanges and the recent February ALTA survey changes.

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Court May be Delaying Action on ‘Big’ Cases

The short-handed Supreme Court may be showing signs it is having trouble getting its work done, the Associated Press reports. The justices have yet to schedule three cases for arguments that were granted full review in January – an indication they may think the issues involved (separation of church and state, class-action lawsuits and property rights) will lead to a 4-4 split. "It’s much more difficult for us to do our job if we are not what we’re intended to be – a court of nine,” Justice Sonia Sotomayor said Monday. The justices have divided evenly in four cases since Antonin Scalia’s death last term. WRCB-TV has the story.

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ABA Releases Latest Data on Malpractice Claims

The ABA Standing Committee on Lawyers’ Professional Liability has issued its latest in a series of studies on the state of legal malpractice claims in the United States and Canada. “Profile of Legal Malpractice Claims” has tracked legal malpractice trends for 30 years. This one-of-a-kind data analysis provides attorneys and insurance analysts an in-depth look at current trends as well as comparisons to historical data. The committee chair said this year’s report shows a reduction in real estate claims (which likely stemmed from the economic crisis) but a growth in estate, trust and probate claims, which she attributes to rising numbers of retiring baby boomers.

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Regions Bank to Pay $52M in Mortgage Loan Case

Alabama-based Regions Bank has agreed to pay more than $52 million to resolve allegations that it improperly handled mortgage loans, federal officials announced this week. The bank was accused of approving mortgage loans, insured by the Federal Housing Administration, that failed to meet requirements designed to protect homeowners. As part of the settlement, Regions acknowledged it failed to follow several federal guidelines. Authorities said that as a result, the government insured hundreds of loans approved by Regions that were not eligible for mortgage insurance. WRCB-TV has the AP story.

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Lawyers Sought for Women’s Empowerment Conference

Volunteer lawyers are needed for an upcoming Women’s Empowerment Conference organized by Women Overcoming Many Battles Ministries, a faith-based nonprofit that seeks to help women overcome life’s challenges. The conference will take place July 30 from 10 a.m. to 1 p.m. at Mt. Lebanon Missionary Baptist Church in Nashville. Attorneys are needed to lead 15-minute presentations on child support enforcement and wrongful eviction and participate in a general question and answer session. Lawyers also are needed to provide brief legal advice in one-on-one meetings with the women. Those interested in helping should contact AOC Pro Bono Coordinator Patricia Mills

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