TBA Law Blog


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Posted by: Julia Wilburn on Jul 10, 2025
News Type: Legal News

One hundred years ago today, the trial in The State of Tennessee v. John T. Scopes began with jury selection in Dayton, putting the tiny town between Knoxville and Chattanooga in the national spotlight. From July 10 until July 21, the "Scopes Monkey Trial," as it came to be known, tested the constitutionality of the state's Butler Act, which prohibited teaching evolution in public school science classes. Reflections on the trial include Russell Fowler's "History's Verdict" column in the July/August issue of the Tennessee Bar Journal, which looks back on the trial and its aftermath. A joint reporting project from the Nashville Banner and Nashville Scene considers how the case still resonates in today's legal and political landscape. Knox News takes a tour of the historic Rhea County courthouse and its Scopes museum, which preserves the historical facts of the trial. And the Tennessee State Museum presents "Eight Days in Dayton: 100 Years of the Scopes Trial" through Oct. 12, an exhibit featuring significant artifacts related to the trial.

Posted by: Stacey Shrader Joslin on Jul 10, 2025

The Arts & Business Council of Greater Nashville and its Volunteer Lawyers & Professionals for the Arts (VLPA) program will hold a clinic on Aug. 6 for those needing legal advice on issues surrounding their creative practice. The free 30-minute in-person appointments are available to income-qualified artists, musicians, creatives and arts organizations in the state. The clinic, hosted in collaboration with North Nashville Arts Coalition (NNAC), will run from 5:30-7:30 p.m. CDT at the Nashville Public Library Bordeaux Branch, 4000 Clarksville Pike, Nashville 37218. Those needing help should register here by Aug. 1. To volunteer at the clinic, email vlpa@abcnashville.org.

Posted by: Julia Wilburn on Jul 9, 2025
News Type: Legal News

The Tennessee Attorney General’s (AG) Office is warning consumers about scams related to the popular weight-loss drugs Ozempic, Wegovy, Mounjaro and Zepbound (GLP-1 drugs). Skyrocketing consumer demand for these medications plus the high price tag and tight supplies have created opportunities for scammers to cash in, the office reports. Before seeking out alternative sources for these medications, consumers should be aware of the risks. The Tennessean reports that scammers in China, Turkey and India are selling counterfeit products that falsely claim to contain semaglutide, the active ingredient in prefilled injectable pens sold under the brand names Ozempic and Wegovy, which many doctors prescribe for weight loss.

Posted by: Julia Wilburn on Jul 9, 2025
News Type: Legal News

Knox County has dismantled the long-standing leadership at the Richard L. Bean Juvenile Detention Center following reports of alleged poor medical care, missing medication and retaliatory firing of whistleblowers. An 18-month transition plan approved by county commissioners will place control of the facility under the Knox County Sheriff's Office (KCSO) effective Jan. 1, 2026, while oversight will be provided by a newly appointed board and continued check-ins by the Tennessee Department of Children’s Services. The shift drew criticism due to concerns about the sheriff’s department, including a recent inmate death at the county jail. The overhaul follows the forced resignation of Richard Bean, who had run the facility since 1972 allegedy with little oversight and a handpicked board of trustees. Knox News has the story.

Posted by: Julia Wilburn on Jul 9, 2025
News Type: TBA CLE

In this webcast replay, Stuart Teicher tells true stories about lawyers who break the law and the ethics rules they break (or could have broken). This session is about a judge who harassed his staff, played favorites with lawyers and conducted himself in a professionally questionable manner. Ethics topics include the connection between competence, withdrawal and mental health issues; how sexual harassment creates problems; the duty to report lawyer and judicial misconduct; and how the rule on supervision guides lawyers in creating an ethically positive office environment. Visit the TBA website to register.

Posted by: Stacey Shrader Joslin on Jul 9, 2025
News Type: BPR Actions

Kentucky lawyer Michael James Thompson received a public censure from the Tennessee Supreme Court on July 9. The court found that while representing a client in a custody proceeding, Thompson exchanged sexualized communications with the client, which created a conflict of interest. The court also determined that Thompson communicated with the client about the custody proceeding through Instagram messaging, which did not include any privacy controls. It imposed the censure in Tennessee for violations of Kentucky Rules of Professional Conduct 1.6 (protecting confidential information) and 1.7(a)(2) (concurrent conflict of interest).

Posted by: Stacey Shrader Joslin on Jul 9, 2025
News Type: BPR Actions

Wayne County lawyer Joshua Howard Polk received a public censure from the Tennessee Supreme Court on July 9. After agreeing to represent clients in a water rights case, a third party joined the litigation. Polk determined that a conflict of interest was created by the new party, which mandated his withdrawal. While the court said it was reasonable for Polk to help his clients identify subsequent counsel, it found that he waited 14 months to withdraw. This resulted in unnecessary delay in the litigation, halting progress on the case and postponing a hearing on the opposing party’s motion for summary judgment. The court determined that his actions violated Rules of Professional Conduct 1.3, 1.7(a)(2), 1.16(a). 3.2 and 8.4(d).

Posted by: Azya Thornton on Jul 9, 2025
News Type: Legal News

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility released a formal opinion today that provides guidance to lawyers exercising peremptory challenges in the jury selection process. According to a release, the opinion states that a lawyer who knows or reasonably should know that their use of peremptory challenges constitutes unlawful discrimination violates ABA Model Rule 8.4(g). The opinion also clarifies that such conduct cannot be considered “legitimate advocacy,” even if advised by a client, jury consultant or AI software. And it outlines a lawyer’s duty to investigate the motives behind seemingly discriminatory challenges. Finally, it reinforces the principle that ethics rules prohibit actions deemed unlawful by courts or legislatures.

Posted by: Julia Wilburn on Jul 9, 2025
News Type: Legal News

Six weeks after being found guilty on 17 of 19 charges — including theft, money laundering, bribery and kickbacks — former Tennessee House Speaker Glenn Casada formally requested a new trial. His co-defendant and former chief of staff Cade Cothren has indicated he intends to do the same. The Tennessean reports that one reason Casada's attorneys say he is entitled to a new trial is that incriminating portions of the former lawmaker's FBI interview were played in court despite the government agreeing to redact them. In the motion for a new trial, attorneys wrote, “The bell could not be unrung — the jury heard the redacted statements, and there is no meaningful way to undo that error." U.S. District Court Judge Eli Richardson rejected a motion for mistrial after the interview was played in court. Casada and Cothren are scheduled to be sentenced Sept. 12, but that may be delayed given these new filings.

Posted by: Julia Wilburn on Jul 9, 2025
News Type: Legal News

The Tennessee Department of Commerce & Insurance’s (TDCI) Securities Division recently amended its current rules to allow certain investment advisers, private fund advisers and venture capital firms whose only clients are private funds and who meet the new rule’s definition to be exempt from registration and custody requirements. However, these firms will be required to notice file and annually renew the filing with the division. The division says there has been confusion as to who should be utilizing the new exemption with some relying on the de minimis exemption and believing custody requirements do not apply. To clarify, the division says that the de minimis exemption never exempted an investment adviser from the requirement to comply with custody rules. However, those who meet the requirements of the newly created private fund exemption, found at Tennessee Securities Rule 0780-04-03-.05 (1)(c), are not subject to the custody requirements. To help investors, the division has prepared an FAQ to provide greater clarification.


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