News

'Journal' Named Top Magazine; Honored for 50th Coverage

The Tennessee Bar Journal was today named the best association magazine in the state by the Tennessee Society of Association Executives at its awards luncheon in Nashville. The publication was honored for its coverage in 2015 of its 50th Birthday Celebration, which included feature stories every month showing how the Journal has reflected the changes in the legal world since 1965. You can read back through the articles that covered areas such as technology, women’s issues, continuing legal education, race relations, access to justice, columnists, conventions, awards and the courts.

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2016 Harper Lee Award Goes to ‘Pleasantville’

The ABA Journal reports that Pleasantville, a novel by Attica Locke, will receive the 2016 Harper Lee Prize for Legal Fiction. Locke is the sixth winner of the award, which is given annually to a work of fiction that best illuminates the role of lawyers in society. The selection committee said Pleasantville takes “us out of a courtroom and into a lawyer’s home and heart.” Locke will be honored at a ceremony Sept. 22 at the Library of Congress.

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Journal Columns This Month: ADR, Crime, Mohammad Ali

Columns in the July Tennessee Bar Journal cover subjects from alternative dispute resolution all the way to boxing. Russell Fowler delves into the history of ADR in his column, "History's Verdict" and Wade Davies explains defining and limiting the community caretaking exception in his column, "Crime & Punishment." In "But Seriously, Folks!" Bill Haltom looks at the long, unlikely and complicated relationship between Mohammad Ali and the lawyer, Howard Cosell. Marlene Eskind Moses and Benjamin Manuel Russ update their "Family Matters" column that was published in May with new information after the General Assembly took action that significantly changed the advice rendered in that piece. Read "Legislative Actions Alter QDRO Advice."

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Libel-Proof Plaintiff Doctrine Featured in July TBJ

What if a person has no good reputation to protect – does defamation law still apply to her? David L. Hudson Jr. looks at the Libel-Proof Plaintiff Doctrine in the July Tennessee Bar Journal while Charles L. Baum examines the details of calculating loss from wrongful incarceration. TBA’s new president, Jason Long, writes about the TBA Special Committee on Evolving Legal Markets (ELM) and its explorations into the changing legal landscape and new ways legal services are being delivered. Read these and other stories in the new issue of the journal.

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Columnists Cover Elders, Recording Employees and Coffee, Milk and Sugar

This month's Tennessee Bar Journal columnists cover a lot of ground: Monica Franklin writes about "Protecting Older Adults from Financial Exploitation: Proposed Federal Laws and Regulations." Edward Phillips and Brandon Morrow explore the issues of one employee recording another's harassment in "O, That Mine Enemy Would Record Me With Her Smartphone." Humor columnist Bill Haltom handles a hot topic with a cold outcome -- a recent lawsuit involving too much ice in Starbucks coffee. The Hon. Creed McGinley reviews Haltom's new book, Milk & Sugar: The Complete Book of Seersucker. Read the review, then come to the TBA Convention on Thursday to have the book signed, following the CLE, "Seersucker and Civility: How to Dress and Behave Like a Lawyer."

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June TBJ Features Technology-Assisted Review

Lawyers need to be familiar with technology-assisted review when dealing with documents in data-intensive cases. In the June issue of the Tennessee Bar Journal, out today, Dr. Joel Henry and Michael Pasque explain what you need to know and how technology can be used to help your case. Also, Scott D. Weiss examines condominium smoking regulations -- are they legal? Bill Harbison pens his last column as Tennessee Bar Association president, looking at the "last lines" of many great works of literature. In one of his own great last lines he writes, "Our bar association is a wonderful bridge between past and future, bringing together lawyers from so many perspectives who help to shape our profession. … We should all have lots of optimism for the future of our profession." Read the June issue online.

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Journal Columns Cover Family Law, Torts, Mentoring

If you are looking for some weekend reading, catch up on the Tennessee Bar Journal columns that are in this month's issue. Marlene Eskind Moses and Benjamin Russ explain Qualified Domestic Relations Orders and state/local government pensions; John Day writes about surviving spouses and wrongful death claims; and TBA President Bill Harbison explains how important mentor relationships can be. Bill Haltom recalls two mentors he and his family lost recently, Howard and Claude Swafford -- his "two favorite courthouse square lawyers."

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Pioneering Chattanooga Attorney Selma Cash Paty Dies

Selma Cash Paty, one of Chattanooga’s first female attorneys, died Sunday (May 1) at the age of 89. After receiving her law degree at the Cumberland School of Law, she practiced for almost 70 years. She served as president of the Chattanooga Bar Association and on the board of directors for the Tennessee Trial Lawyers Association. "No woman in her right mind would want to be a lawyer in 1947," Paty said in a 1990 interview with the Tennessee Bar Journal. "It wasn't a profession that a woman would consider." In the interview she recalled what it was like in law school at that time and when she began practice, such as that when firms were interviewing, "Can you type?" was often the first question. Read more from The Chattanoogan

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'Culbertson': Confusion or Clarity?

In protecting children of divorce, two strong camps exist when it comes to including mental health records of a parent in custody matters. The May Tennessee Bar Journal looks at both sides of this conflict that has arisen from the Culbertson cases, with articles from Memphis lawyer Amy Amundsen and Nashville lawyer Jeff Levy. Also, Chattanooga lawyer Russell Fowler examines Tennessee historical figure Montgomery Bell and the surprising impact he had on the law. Read the May issue.

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Bill Haltom Book Signing at Levy's in Nashville

Ellen Levy, owner of Levy’s Clothier for Men & Women in Nashville, will host an in-store book signing event with former TBA President Bill Haltom, author of Milk & Sugar: The Complete Book of Seersucker, on April 29. Laurie Haspel Aronson of century-old retail brand Haspel – the company credited with introducing the seersucker suit – will join Haltom at the event, scheduled from 3-6 p.m. The event is part of Levy’s annual “Dressing for Steeplechase” event, ahead of the Iroquois Steeplechase. Read more from The Tennessean

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LAET Names Director of Litigation and Advocacy

Russell Fowler was named director of litigation and advocacy for the Legal Aid of East Tennessee. Fowler teaches constitutional law at the University of Tennessee at Chattanooga and writes the “History’s Verdict” column for the Tennessee Bar Journal. He is a member of the executive council of the TBA Litigation Law Section.

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All About Trials: Evidence, Tactics and Being Challenged to a Duel

Journal columns this month touch on trial-related cases and personalities. Wade Davies discusses public records as evidence in criminal cases. Russell Fowler writes about a lawyer known for sensational trial tactics, which brought him fame but eventually ruined him. Bill Haltom writes about Nashville's John Jay Hooker, who died Jan. 24. Haltom's column, “When John Jay Hooker Almost Shot Me" explores the long-time and respectful relationship -- if filled with threats of duels and law suits -- the two shared. Read the March issue.

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Depositions, Workers' Comp Claims Court in March Issue

Depositions are a basic tool for many trials, but are you using them in the most effective way possible? Dan Berexa looks at best practices for depositions in this issue of the Journal. Judge Kenneth Switzer and Jane Pribek Salem explain what you need to know about Tennessee’s Court of Workers’ Compensation Claims. For instance, at the trial level an average of 52 days pass from the time a mediator certifies a dispute until a workers’ compensation judge issues an order. Judge Pamela B. Johnson tells you the do's and don'ts of how to practice in the relatively new court. Read these stories and more in the March Journal.

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New 'Journal' Features Ousters, History and More

The February Tennessee Bar Journal will tell you all you need to know about Ouster Law in Tennessee in this article by Knoxville lawyer Joe Jarret. Read Russell Fowler's account of a Civil War scoundrel and the Memphis lawyer who defended him back in 1864 in what was described as a “hopeless case.” TBA President Bill Harbison looks at another historical case, this one that helped develop the concept of due process. Take a look at the entire issue here.

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In This Issue: A Twist on DUI, Family Law and Torts

You know how DUI works -- at least the kind involving alcohol, but what about when the driver is impaired by drugs? Circuit Judge Tom Wright and UT Law student Christopher Graham explain in the January Tennessee Bar Journal what's different about that and what you need to know. (You can also learn more on the same subject from this upcoming TBA CLE webcast.) TBJ family law columnist Marlene Eskind Moses covers employment benefits as separate property and John Day writes about unintended consequences in tort law (Breaking Bad fans will especially enjoy this take on it). Humor columnist Bill Haltom questions the legislature's interest in events on the campus of UT-Knoxville. Read the entire issue.

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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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TBJ: Summary Judgment Comes Full Circle

With the Rye v. Women’s Care Center of Memphis MPLLC decision, Tennessee now has its own “summary judgment trilogy”: Byrd, Hannan and Rye. Solicitor General Andrée Blumstein explains in the December Tennessee Bar Journal how Rye brings the state’s summary judgment jurisprudence full circle, rejecting as problematic the idiosyncratic Hannan standard and reinstating as tried-and-true the familiar federal summary judgment standard. Also in the issue, University of Tennessee law professor Michael J. Higdon shows you how to write succinctly, to better communicate with the impatient, skeptical legal reader.

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October Issue Features Justice Wade's New Role

Learn about Justice Gary Wade as he leaves the Tennessee Supreme Court to take the helm as dean of the Duncan School of Law at Lincoln Memorial University in the October issue of the Tennessee Bar Journal. It is CELEBRATE PRO BONO MONTH and for that author Russell Fowler looks at one former U.S. president who came back as a senior lawyer in a heroic way, representing the Africans aboard the Amistad in 1839.

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TBJ Contains 50 Years of Wise Words

This month’s 50th Birthday feature, "Timeless Wisdom," reminds readers of the wise words the Tennessee Bar Journal has published over the years. For instance: "To be a competent lawyer, one must first be a competent human being" (Val Sanford, 1984); "The practice of law is not similar in any respect to professional wrestling" (Penny White, 1994); "We will be strong and forceful advocates, but in a manner which does not destroy our professionalism, our collegiality and our effectiveness" (Bob Ritchie, 1998); and "Retention of women in the private practice of law is attainable, but will require change" (Karen Neal and Cynthia Sellers, 2009). There's a lot more where that came from -- read this story and the full issue online.

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State's New Business Court, Design Patent Law Featured

The new issue of the Tennessee Bar Journal is out today, featuring everything you need to know about Tennessee’s new Business Court. Chief Justice Sharon Lee and Justin Seamon give you the details. Also, get up to speed on the design patent awards under "Apple v. Samsung” in an article by Nashville lawyers James M. Starling, Seth R. Ogden and Ryan D. Levy. Find out what else is in the September issue.

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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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TBJ: Microscopic Hair, Queen Caroline and TBA Awards

The erroneous use of microscopic hair comparison is examined by Journal columnist Wade Davies, in the July issue. Columnist Russell Fowler tells the story of the incorrigible Queen Caroline and her equally despicable husband, King George IV. He describes their divorce as a "lawyer's dream case ... the grounds and defense were salacious allegations of adultery." And in this installment of celebrating the Journal's 50 years, take a look at the many awards the Tennessee Bar Association gives every year, notably the Justice Joe Henry Award for Outstanding Legal Writing.

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Stay or Pay: When Criminal Offenders Can't Pay Fines

In the July issue of the Tennessee Bar Journal, out today, the Hon. Walter Kurtz writes about the incarceration of minor criminal offenders when the offense is the inability to pay fines and fees. Also, when can you compensate a fact witness? Craig P. Sanders and Brandon J. Stout explain. In Bill Harbison's first column as Tennessee Bar Association president, he writes about the many ways lawyers give their time to champion justice for others.

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TBA Honors 2 Nashville Lawyers for Outstanding Legal Writing

Jennifer Lacey, John Williams awarded annual honor

NASHVILLE, June 29, 2015 – Nashville lawyers Jennifer J. Lacey and John P. Williams were awarded the Tennessee Bar Association’s Justice Joe Henry Award for Outstanding Legal Writing at the association’s annual meeting in Memphis this month.

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Columnists Hold High Standard for 'Journal' Writing

In this issue, columnist John Day shares some facts about Tennessee Tort Cases; Marlene Moses and Ben Russ explain orders of protection; and Bill Haltom writes why lawyers should “go out for lunch and home for dinner.” In the year-long commemoration of the Journal’s 50 years, this installment looks back over all the columns and the impact they have made on readers, including the 10 men and women who write in substantive areas today. Especially do not miss the granddaddy of them all, the column that started in 1965 with the pressing subject, "The Telephone: Friend of Foe."

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