Firms getting on bandwagon for formal pro bono policies

Ten more Tennessee law firms have now adopted formal pro bono policies encouraging their lawyers to do pro bono work. The latest firms to adopt pro bono polices are: Cornelius & Collins LLP of Nashville; Eldridge & Blakney PC of Knoxville; Gearhiser, Peters, Lockaby, Cavett & Elliott PLLC of Chattanooga; Harwell, Howard, Hyne, Gabbert & Manner PC of Nashville; Leitner, Williams, Dooley & Napolitan PLLC of Chattanooga; Miller & Martin PLLC of Chattanooga, Nashville and Atlanta; Ogle, Gass & Richardson PC of Sevierville; Redding, Steen & Staton PC of Jackson; Thomason, Hendrix, Harvey, Johnson & Mitchell PLLC of Memphis and Trauger & Tuke of Nashville.

TBA President Buck Lewis praised the firms' efforts, saying "the generous spirit of so many leading firms, large and small, makes you proud to be a Tennessee lawyer. As we enter the coming new year braced for more tough times, I hope many other firms will join them in meeting the critical legal needs of our fellow Tennesseans." Supreme Court Chief Justice Janice Holder agrees, calling these policies "a clear message about the legal profession's commitment to helping meet the growing legal needs crisis in Tennessee."

Here is a list of all the firms that have so far notified the TBA that they have pro bono policies. If your firm has a pro bono policy or is interested in adopting one, contact the TBA for information.

Learn more about model law firm pro bono policies

TODAY'S OPINIONS
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RONALD K. NEVIN v. BOARD OF PROFESSIONAL RESPONSIBILITY OF THE SUPREME COURT OF TENNESSEE
Corrected opinion on page 8, third line, second paragraph: "failed to" removed and "title" changed to "titled"


Court: TSC

Attorneys:

William R. Willis, Jr. and Alan D. Johnson, Nashville, Tennessee, for the appellant, Ronald K. Nevin.

Nancy S. Jones, Chief Disciplinary Counsel, James A. Vick, Deputy Chief Disciplinary Counsel, and Krisann Hodges, Disciplinary Counsel, for the appellee, Board of Professional Responsibility of the Supreme Court of Tennessee.

Judge: HOLDER

We granted this appeal to determine whether the Chancery Court properly affirmed a Board of Professional Responsibility Hearing Panel's six-month suspension of the appellant, Ronald K. Nevin. Nevin argues that the Hearing Panel erred in finding that he violated several disciplinary rules and in finding aggravating circumstances. He also argues that the six-month suspension is not commensurate with sanctions imposed in similar cases or the relevant American Bar Association Standards for Imposing Lawyer Sanctions. After reviewing the record of the proceedings before the Hearing Panel and the Chancery Court, we affirm the Chancery Court's judgment.

http://www.tba2.org/tba_files/TSC/2008/nevin_CORR_122308.pdf


JOYANN E. BUTLER v. JAMES MICHAEL BUTLER

Court: TCA

Attorneys:

Stuart B. Breakstone and Kathy Baker Tennison, Memphis, Tennessee, for the appellant, Joyann E. Butler.

Martin W. Zummach, Germantown, Tennessee, for the appellee, James Michael Butler.

Judge: FARMER

In this divorce proceeding, Wife appeals the trial court's decision not to enforce the parties' Marital Dissolution Agreement, the trial court's distribution of the marital assets, and the trial court's failure to sanction Husband for failure to comply with the discovery rules. After Wife filed for divorce, the parties executed a Martial Dissolution Agreement. The trial court, however, refused to enforce the Marital Dissolution Agreement because some of Husband's property was damaged while within Wife's exclusive control. The trial court admitted as evidence Wife's attorney's statement that he would not permit Wife to damage husband's property. We affirm that attorney's statement was properly admissible parole evidence and the trial court properly denied Wife’s motion to enforce the Martial Dissolution Agreement. Wife also argues that the trial court failed to equitably distribute the marital assets and that the court erred by failing to sanction Husband for discovery violations. This Court affirms the trial court's division of marital assets, as modified, and its order denying Wife's request for sanctions.

http://www.tba2.org/tba_files/TCA/2008/butlerj_122308.pdf


CITY OF LAKEWOOD ET AL. v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY

Court: TCA

Attorneys:

Jonathan Harwell, D. Alexander Fardon, and D. Matthew Foster, Nashville, Tennessee, for the appellant, City of Forest Hills.

James Blumstein, Nashville, Tennessee, Special Counsel for City of Forest Hills. Joe M. Haynes, Goodlettsville, Tennessee, for the appellant, City of Goodlettsville.

Lora Barkenbus Fox, Kevin Klein, Kathryn Evans, James W. J. Farrar, Paul J. Campbell, and Matthew J. Sweeney, Nashville, Tennessee, for the appellee, Metropolitan Government of Nashville and Davidson County, Tennessee.

Judge: BENNETT

Six cities within Davidson County sued the Metropolitan Government claiming they were discriminated against in the provision of services in violation of Metropolitan Charter Section 18.15. The chancellor held that the matter was nonjusticiable. Two cities appealed. We reverse the chancellor's order and, in the interest of judicial economy, determine the meaning of Section 18.15.

http://www.tba2.org/tba_files/TCA/2008/cityoflakewood_122308.pdf


LASALLE BANK NATIONAL ASSOCIATION v. LOUIS HAMMOND

Court: TCA

Attorneys:

Louis Hammond, Pro se.

Lawrence W. Kelly, Atlanta, Georgia, for the Appellee, Lasalle Bank National Association.

Judge: FARMER

This is an appeal from an order of the trial court granting a motion for summary judgment filed by Lasalle Bank National Association (Lasalle Bank). It appears from the record before us that Lasalle Bank obtained a judgment for possession in the General Sessions Court of Madison County for the parcel of real estate which is the subject of this appeal. It further appears from the record that the Defendant, Louis Hammond, executed a deed of trust on a parcel of real estate described as 39 Cherokee Drive, Jackson, Tennessee, to secure a note payable to United Companies Lending Corporation. The deed of trust was ultimately assigned to Lasalle Bank. The property was subject to foreclosure proceedings and was sold at public auction to Lasalle Bank.

http://www.tba2.org/tba_files/TCA/2008/hammondl_122308.pdf


THE WADLYN CORPORATION, ET AL. v. CITY OF KNOXVILLE, ET AL.

Court: TCA

Attorneys:

Arthur G. Seymour, Jr. and Benjamin C. Mullins, Knoxville, Tennessee for the Appellants, The Wadlyn Corporation and Camdun Realty I, LLC.

Charles W. Swanson, Elizabeth A. Ward, and Sharon E. Boyce, Knoxville, Tennessee for the Appellants, City of Knoxville and the Knoxville City Council.

Judge: SWINEY

The Wadlyn Corporation ("Wadlyn") and Camdun Realty I, LLC ("Camdun") sued the City of Knoxville ("City") and the Knoxville City Council ("City Council") concerning the City Council's reversal of the Knox County Metropolitan Planning Commission's ("MPC") approval of a Concept Plan/Use-on-Review ("Use-on-Review") resulting in the denial of the Use-on-Review. After a hearing, the Trial Court dismissed Plaintiffs' complaint. Plaintiffs appeal to this Court. We affirm.

http://www.tba2.org/tba_files/TCA/2008/thewadlyncorp_122308.pdf


STATE OF TENNESSEE v. ANTHONY WOODS

Court: TCCA

Attorneys:

Bruce E. Poston, Knoxville, Tennessee, for the appellant, Anthony Woods.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Del Holley, Assistant Attorney Genreral, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Anthony Woods, pleaded guilty to one count of reckless aggravated assault, a Class D felony. The trial court sentenced him to three years to be served on probation. In this appeal, he challenges that court's decision to deny judicial diversion. After considering the lack of a factual basis for his guilty plea, however, we conclude that the trial court's acceptance of that plea violated Tennessee Rule of Criminal Procedure 11(b)(3). We accordingly vacate the judgment of conviction and remand to the trial court for further proceedings.

http://www.tba2.org/tba_files/TCCA/2008/woodsa_122308.pdf


TODAY'S NEWS

Legal News
Your Practice
Disciplinary Actions
TBA Member Services

Legal News
Federal judge tells state not to cut 20 TennCare recipients
U.S. District Judge William J. Haynes Jr. has barred the state from revoking home care benefits from 20 TennCare recipients because he says it would force them into nursing homes and could cause them injury and even death. The state has not yet decided whether to appeal, but officials disagree about the effects on recipients, a spokesperson said.
The News Sentinel reports
Newspaper, Shelby commissioners agree: sue national lenders
In an editorial yesterday, the Commercial Appeal said that Shelby County and Memphis city governments should move ahead with a plan to jointly sue major national lenders who have engaged in deceptive and discriminatory practices. "Those practices, a lawsuit would surely prove, have destabilized neighborhoods, eroded property values and damaged the tax base," the paper said. Data provided by Memphis Area Legal Services, which would help prosecute the suit, show that foreclosure notices published county-wide increased from 4,609 to 10,515 annually between 2000 and 2006. Also, Shelby County commissioners approved a resolution Monday authorizing the county to file suit against the national lenders who, officials say, gave out risky, high-interest rate loans and enabled a foreclosure crisis in Shelby County.
The Commercial Appeal has more
Nashville School of Law a 'best kept secret'
The Nashville Business Journal points out that you can get a base model BMW sedan for $29,200. Or you can go next door to the Nashville School of Law and get a juris doctor degree for less than $20,000. "The night school might be one of Nashville's best kept secrets in graduate education," the paper says.
Read the Nashville Business Journal's story
Your Practice
Help with office holiday giving
If you are in a quandary about what to give your assistant this holiday, look no further than Texas Lawyer to help you figure it out. Going giftless may be the answer, but more times than not, the answer is the ever-present, cold, hard cash. Between $100 and $500, in fact.
Texas Lawyer fills you in
Disciplinary Actions
Kentucky lawyer disbarred in Tennessee
On Dec. 12, the Supreme Court of Tennessee disbarred Richard K. Cameron, of Hopkinsville, Ky., pursuant to Section 17 of Rule 9 of the Rules of the Tennessee Supreme Court. The complaints alleged, among other things, that Cameron misappropriated funds from a conservatorship, double-charged fees to a client, and failed to competently and diligently represent his clients.
Read the BPR release
Florida lawyer disbarred in Tennessee
On Dec. 12, Glenn Erikson of Tampa, Fla., was disbarred by order of the Tennessee Supreme Court, following his pleading guilty to one count of wire fraud affecting a financial institution in violation of Title 18 of the United States Code.
Read the BPR release
Columbia lawyer censured
On Dec. 9, Columbia lawyer Darren T. Cole received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court for violations involving, among other things. threatening a judge.
Read the BPR release
Nashville lawyer suspended
On Dec. 15,the Supreme Court of Tennessee issued an order temporarily suspending Nashville lawyer Sean K. Hornbeck from the practice of law upon finding that he poses a threat of substantial harm to the public. This suspension remains in effect until dissolution or modification by the Supreme Court.
Read the BPR release
TBA Member Services
Save at FedEx Kinkos
Through your membership in the TBA, your business can enjoy FedEx reliability and special savings on a variety of FedEx services, including savings on FedEx Kinkos services. All you have to do is sign up. Opening an account is free and there is no minimum shipping requirement.
Find out more

 
 
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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

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