News

TBA President Urges Unity, Consensus Building in Profession

In the new Tennessee Bar Journal, President Jason Long discusses our divided country after the recent election, urging lawyers to be “united now more than ever in our commitment to the profession and its bedrock principles.” He writes that “we can provide that opportunity in a controlled and structured environment, operating within the framework of our democratic institutions. If there is an opportunity for consensus building and unity in today’s political climate, the legal profession can and should facilitate that.” Also in this issue, learn if you are protecting your clients’ electronic information enough, in the cover article by Trey Forgety. Brian Dobbs writes to help you understand the law of construction in Tennessee. Read the December issue.

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Thank Veterans by Helping Them Access Needed Services

"We are allowed to stand on the shoulders of others who gave their time, effort and often their lives to ensure our democracy and the Rule of Law," writes Tennessee Bar Association President Jason Long about veterans. On this Veterans Day, Long urges lawyers to give back to those who have served our country but are unable to access help. "From obtaining needed benefits, to housing, to health care, to a whole host of other issues, veterans need guidance and sometimes patience in navigating what can be a complex administrative and legal system to get the services they need and to which they are entitled. This is where lawyers can begin to repay." He encourages lawyers to help with legal clinics, especially those specifically for veterans, to say thank you by using "skills and talents as lawyers to assist those who have done the heavy lifting for us." Legal organizations in Knox County have partnered on a standing Veterans Legal Advice Clinic. The next clinic is set for Nov. 30 from noon to 2 p.m. at the Knox County Public Defender’s Office, 1101 Liberty St., Knoxville 37912. Volunteers are always needed. Read Long's column in the Tennessee Bar Journal.

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TBJ Columns Cover History, the BPR and What Not to Tweet

The Tennessee Bar Journal this month includes regular columns by Russell Fowler, Wade Davies and Bill Haltom. In "History’s Verdict," Fowler writes about Will Thomas, a lawyer who was embraced by and relentlessly defended the Cherokees in the 1800s. Davies, who is wrapping up his term on the Board of Professional Responsibility, details in his column "Crime & Punishment" some of the ways lawyers get into hot water -- and the relatively easy steps to take to stay out of trouble. In "But Seriously, Folks!" Haltom looks at the series of events that unfolded after University of Tennessee law professor Glenn Reynolds tweeted just three words: “Run them down.” Nick McCall reviews the book Almighty: Courage, Resistance and Existential Peril in the Nuclear Age. Read the November issue.

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Searching Back Issues of Journal is Easy, Free

As a TBA member, you have a great benefit available to you for free. You can search Tennessee Bar Journal issues back to its beginnings in 1965, thanks to Fastcase and HeinOnline. To access, view, download and print any article or issue, log in to TBA.org and follow the easy steps on the Journal’s archive page.

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Community Caretaking Rule Examined in New TBJ

The Tennessee Supreme Court recently changed its thinking on the Community Caretaking Rule -- Emily Harvey and David Hudson explain in the new issue of the Tennessee Bar Journal. Scott Weiss writes about the ins and outs of community associations: are they the new protectors of civil rights? TBA President Jason Long reflects on and thanks veterans for their sacrifices. He encourages lawyers to help with legal clinics, especially those specifically for veterans. Read these stories and more in the November issue.

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Jackson Exhibit Opens at Louisiana Supreme Court Museum

An exhibit at the Louisiana Supreme Court Museum, "Jackson’s Bodyguard: Lawyers Who Fought in the Battle of New Orleans," is now on display in the Louisiana Supreme Court building in New Orleans. A column by Chattanooga attorney and regular Tennessee Bar Journal contributor Russell Fowler, "Andrew Jackson on Tennessee's Supreme Court," is part of the exhibit, which explores the lives of Jackson and nine other attorneys who fought alongside him in the 1815 battle.

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Granny Pods, Employment Law … and Setting Up an Office at the Wal-Firm

Pick up your copy of the current Tennessee Bar Journal for some weekend reading and you'll find a variety of subjects by our crackerjack columnists. Edward Phillips and Brandon Morrow write about subjective beliefs in two recent age discrimination cases and Monica Franklin looks at the new “granny pods” that are now legal in Tennessee. Nick McCall reviews Beale Street Dynasty: Sex, Song and the Struggle for the Soul of Memphis and humor columnist Bill Haltom considers setting up his office at the Wal-Firm. Read the entire October issue here.

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October TBJ: Alimony, Pro Bono and Fred Gray

Even when income changes dramatically at retirement, alimony in futuro does not change without asking the court for a modification. This may be a shock to your clients, but Memphis lawyer Miles Mason Sr. explains it in this new Tennessee Bar Journal. October is “Celebrate Pro Bono Month” and Chattanooga lawyer Russell Fowler looks at President James A. Garfield’s good example as a lawyer doing pro bono. The Journal also highlights civil rights icon Fred D. Gray upon the opening of an institute named in his honor. TBA President Jason Long examines the core values and principles that define us as lawyers and the profession. Read the October issue.

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Read About Estates, Torts, Family Law … and Dodge Ball?

Murfreesboro lawyer Josh McCreary examines last wills and testaments, writing that "in the wake of the 2015 Court of Appeals opinion in In Re: Estate of Morris, the Tennessee legislature has stepped in and amended Tenn. Code Ann. §32-1-104 to lessen the formalities of Wills executed before July 1, 2016." Read in the September Tennessee Bar Journal what this will mean for estate practice. Columnist John Day writes about the two times in the past five years that the statute of limitations applicable to personal injury claims filed on behalf of persons with mental impairments has been changed. Columnists Marlene Eskind Moses and Manuel Benjamin Russ look into finding and defining income available for child support and alimony, and humor columnist Bill Haltom writes about his dubious experiences with junior high sports, particularly Dodge Ball.

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Just Breathe: ‘Journal’ Shows Ways to Combat Stresses of Lawyering

A recent study shows more damning news on how lawyers are handling the pressures of the profession – more than a third of lawyers qualified as “problem drinkers” and about a quarter reported experiencing depression, anxiety or stress. These are higher rates than documented in earlier studies and more than in other professions. This issue of the Journal looks at ways some lawyers have beat that trend through mindfulness and meditation – and how you can, too. Plus, our book review of The Anxious Lawyer gives insight into the topic. Also in this issue, TBA President Jason Long writes about the necessary and important steps to embracing diversity. Read the September issue.

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Memphis Law to Hire Legal Writing Professors

The University of Memphis School of Law is looking to hire up to three full-time legal writing professors to teach in its first-year legal methods program. Those interested in being considered should email a cover letter, resume and three references to Professor David S. Romantz, chair of the Faculty Recruitment Committee by Sept. 16. Read more about the openings.

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AG Opinion on Traffic Cameras Reported Incorrectly

A story in TBAToday in July that also was published in the Tennessee Bar Journal's August issue incorrectly quoted Attorney General Opinion 16-24. The opinion did not contain the language used in quotation marks within the stories, thereby misrepresenting the position of the Attorney General. The opinion addressed the question whether Tenn. Code Ann. § 55-8-198(b)(1) permits “employees of private traffic camera companies who are neither law enforcement officers nor residents of Tennessee to review video footage from unmanned traffic cameras and determine whether there is a traffic violation before the private employees submit the footage to law enforcement officers for their review and final determination of a violation.” The opinion found that review of the footage by these companies’ employees is permitted and does not violate state law, but “only POST-certified or state-commissioned law enforcement officers — and no one else — has authority to review traffic camera evidence and determine, based on that review, whether a traffic violation has occurred.”

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New TBJ Looks at Clemency, Medical Battery

Nashville lawyer Ben Raybin researched recent clemency statistics in Tennessee and found some interesting trends. Read his article, “How Executive Clemency Works (and How It Doesn’t)” in the August Tennessee Bar Journal. Also in this issue, Hendersonville lawyer Clint Kelly details the rise of medical battery and informed consent and Tennessee Bar Association President Jason Long explains how meeting up with fellow lawyers helps with overall civil discourse and civility in the profession. Read the August TBJ.

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Law Clerk Tells Story of Knoxville’s Only U.S. Justice

Tennessee Court of Appeals Judge John McClarty’s law clerk, Stephanie Slater, has published an article about Justice Edward T. Sanford’s tenure on the U.S. Supreme Court. Sanford is believed to be the only known Knoxvillian and University of Tennessee graduate to sit on the high court. The article is part of an upcoming book, Emerging from Obscurity: Edward Terry Sanford, Tennessean on the United States Supreme Court that is to be published by the University of Tennessee Press in 2017. The Administrative Office of the Courts has more.

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'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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