Getting paid a problem? TennBarU ethics course can help

Collecting fees is not directly addressed in the Rules of Professional Conduct, however both the rules and malpractice carriers have something to say on the issue. A new online course from TennBarU explores practice management strategies to help reduce the number of non-paying clients and discusses ethical obligations for collecting fees from such clients.

http://www.tnbaru.com/usercatalogdrb.php?517936U=25&bprnum=888888#

TODAY'S OPINIONS
Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format. To search all opinions in the TBALink database, go to our OpinionSearch page. If you have forgotten your password or need to obtain a password, you can look it up on TBALink at http://www.tba.org/getpassword.mgi.

01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
00 - TN Court of Appeals
01 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi

Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

ROBERT KENDALL BROADBENT v. SHARI KATHERINE LANGHI BROADBENT

Court: TSC

Attorneys:

Denty Cheatham and Rose Palermo, Nashville, Tennessee, for the appellant, Shari Katherine Langhi Broadbent

Thomas F. Bloom, Nashville, Tennessee, for the appellee, Robert Kendall Broadbent

Judge: HOLDER

This appeal involves the trial court’s award of alimony in solido to the wife. The trial court compared the parties’ relative responsibility for the loss of wife’s separate assets, which the husband had invested in the stock market and aggressively traded. The trial court concluded that the wife was 30% responsible for the loss of her separate funds and that the husband was 70% responsible for her loss. Using these percentages, the trial court ordered the husband to pay $51,500 in alimony in solido. We conclude that it was proper for the trial court to consider the husband’s participation in the loss of the wife’s separate assets in awarding alimony. The trial court’s allocation of responsibility for this loss, although expressed in percentages of “comparative fault” rather than relative fault, was not error. Accordingly, we hold that the trial court did not abuse its discretion in awarding $51,500 in alimony in solido to the wife.

http://www.tba2.org/tba_files/TSC/2006/broadbentr_101906.pdf


STATE OF TENNESSEE v. JACQUES SHERRON

Court: TCCA

Attorneys:

Robert Brooks, Memphis, Tennessee, for the appellant, Jacques Sherron

Paul G. Summers, Attorney General and Reporter; Sophia A. Lee, Assistant Attorney General; Garry G. Brown, District Attorney General; and Jerald Campbell, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: SMITH

The appellant, Jacques Sherron, was convicted by a jury of criminal responsibility for introducing a controlled substance into a penal institution, conspiracy to introduce a controlled substance into a penal facility, possession of cocaine with the intent to sell or deliver and possession of marijuana with the intent to sell or deliver. The appellant received an effective sentence of ten years on March 18, 2005. The appellant filed a pro se notice of appeal on April 6, 2005. On July 1, 2005, trial counsel for the appellant filed a motion for new trial alleging that the evidence was insufficient, that the verdict was based on circumstantial evidence and that the appellant’s sentence was excessive. The appellant subsequently filed a motion in this Court requesting dismissal of his appeal without prejudice due to the fact that the trial court had not yet ruled on the motion for new trial. This Court denied the motion. The appellant filed an amended pro se motion for new trial. The trial court held a hearing on the motion for new trial on September 14, 2005, at which time the appellant filed a third amended motion for new trial. The trial court denied relief, and the appellant filed a second notice of appeal on September 14, 2005. On appeal, the following issues are presented for our review: (1) whether the conspiracy charge should have been dismissed for failure to state a crime; (2) whether the evidence was sufficient to support the verdict; and (3) whether the trial court committed plain error in failing to give an accomplice instruction to the jury. For the following reasons, we reverse and dismiss the conspiracy conviction, and affirm the conviction for introducing a controlled substance into a penal facility.

http://www.tba2.org/tba_files/TCCA/2006/sherronj_101906.pdf


TODAY'S NEWS

Legal News
Upcoming

Legal News
'Jail for judges' would strip judges, jurors of immunity
South Dakotans will vote next month on a proposed state constitutional amendment known as "jail for judges," which would strip judges, jurors and other state officials of immunity from lawsuits. The executive director of the South Dakota Bar Association is heading the opposition campaign and spoke with National Public Radio's Nina Totenberg.
Listen to the report
Inmate says execution types inhumane, later receives stay
The Associated Press talked with Donnie Johnson, who was set to be executed next week. Johnson says he sees no difference between being executed by electric chair or lethal injection -- both methods are inhumane. Later in the day, the 6th Circuit Court of Appeals issued a stay of execution for Johnson.
Read the interview in the Johnson City Press
U.S. Supreme Court says subsidies can stop
The U.S. Supreme Court has taken a modest step in the heated debate over gay rights. Public agencies such as cities, schools and parks can stop subsidies to groups who don't abide by local anti-discrimination bans, the high court indicated in backing a California ruling.
Read more in the News Sentinel
Man sues state over right to buy out-of-state wine
A Johnson City man is suing Tennessee over his right to order wine directly from other states, the Tennessean reports. On Tuesday, a U.S. District judge allowed the Wine and Spirits Wholesalers of Tennessee to join the state in defending a Tennessee law that outlaws the sale of wine directly from out-of-state vintners to in-state consumers. Tennessee is one of only six states with the prohibition.
Read the details
Yoko Ono sues EMI, subsidiary for $10M
Yoko Ono sued music company EMI Group PLC and a subsidiary for $10 million Wednesday, claiming she was cheated out of royalties due from the sale of music recordings by her late husband, John Lennon, the Associated Press reports.
Read it in the Daily News Journal
No bond for 1Point Solutions accused embezzler
Barry Stokes lost his bid to get out of jail today after an FBI agent testified in federal court about evidence indicating he was a flight risk, the Tennessean reports. Stokes was charged last week with embezzling money from employee pension accounts that were entrusted to 1Point Solutions, the employee benefits company he founded in the basement of his Dickson home.
Read the story
Upcoming
Family Justice Center to benefit from fashions
A fashion show in Knoxville will raise money for furnishing a medical room at the Knoxville Family Justice Center, which aids victims of domestic violence. FashionDrama will be at the Knoxville Convention Center next Wednesday.
Read more in the Knoxville News Sentinel

 
 
UNSUBSCRIBE TO TBAToday? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba2.org/tbatoday/unsub_tbatoday.php

TBALink HomeContact UsPageFinderWhat's NewHelp
 
 
© Copyright 2006 Tennessee Bar Association