The Tennessee Supreme Court on Friday issued an opinion in Pharma Conference Education Inc. v. State rejecting the state’s argument that its contract with Pharma Inc. was not enforceable because the company’s promise to perform was “illusory.” The court instead held that Pharma’s promise to provide the University of Tennessee Health Science Center as many continuing education programs as feasible was a real obligation and therefore adequate consideration for the contract. The state had sought to terminate the agreement, but Pharma sued for breach of contract. Chief Justice Holly Kirby concurred in the majority decision but wrote separately to argue that depositions in the case could not be used to contradict the contract. Read more about the opinions from the Administrative Office of the Courts.

The Oral History Committee of the Lawyers' Association for Women (LAW) Marion Griffin Chapter on Friday presented a film featuring the life and impactful work of U.S. 6th Circuit Court of Appeals Senior Judge Martha "Cissy" Daughtrey, a founder of LAW. The film was followed by a panel discussion featuring members of the legal community who have worked with Daughtrey over the years and who spoke about her impact on gender equity in the legal profession. The group capped off the night with its annual holiday celebration. See a photo from the event.

Atlanta lawyer Robert Andrew Free received a public censure from the Tennessee Supreme Court on Dec. 19. Free represented a client in an immigration application to the U.S. Citizenship and Immigration Service (USCIS). A request for evidence was sent to Free’s office from USCIS, but he did not respond and did not send the request to his client. A decision was issued in the matter and sent to Free’s office a few months later, and he did not inform his client of the decision. Three years later, Free’s neglect was discovered, and he cooperated with the client’s subsequent attorney in seeking to reopen the immigration application. The court found these actions violated Rules of Professional Conduct 1.3, 1.4 and 8.4(d).

The TBA will be closed Tuesday and Wednesday in observance of the Christmas holiday. Offices will reopen Thursday at 8 a.m. CST. Online CLE programming will remain available throughout the holidays.

This week's installment of TBA's Indigent Representation Primer is now available. The new post provides information about the process for appointing counsel for indigent clients in Tennessee. After the court has determined a litigant indigent, and eligible for appointed counsel, they must ensure that the defendant receives legal representation by appointing an attorney. Tennessee Supreme Court Rule 13 articulates the right to counsel and procedure for appointment of counsel, which may be one of the state’s public defenders or a private attorney. In criminal cases, district public defender offices are the initial source for appointed counsel, however, due to inherent limitations such as conflicts of interest or high caseloads, it is impossible for public defenders to serve all the state’s indigent defendants. In these cases, as well as juvenile dependency and neglect cases or when a Guardians ad Litem (GAL) is required, the court may appoint a private attorney instead. In Tennessee, a court's selection of an appointed attorney may be based on a combination of factors, including availability, expertise or conflict checks. Read past primer posts.

Gov. Bill Lee granted executive clemency in the form of a pardon to 43 individuals convicted of crimes, who have served their sentences and been out of prison for at least five years, according to a new annual list, the Daily Memphian reports. Lee said the list, which was compiled with recommendations from the Tennessee Board of Parole, includes individuals who have demonstrated "exemplary citizenship" since their release. “It’s a powerful tool, and I do not take it lightly,” Lee told reporters ahead of the list’s release. “They show a rehabilitative effort that is unique.”

TBA’s Ultimate Ethics Package offers a quick and convenient way to earn eight dual hours of CLE before the Dec. 31 deadline. This package includes a mix of popular sessions on Ethics Updates, Law Practice Management and Attorney Wellness, allowing attorneys to fulfill all of their ethics requirements — and more. Ideal for those needing last-minute CLE, the package provides quality content in a flexible format. For more information about this special offer, visit TBA’s website.

The TBA Young Lawyers Division (TBA YLD) will continue its Rookie Series with "Combating Burnout Through Mentorship: Supporting the Next Generation of Attorneys" on Feb. 13 from noon to 1 p.m. CST. The webcast will feature a panel of experienced young lawyers and a judge discussing the crucial role mentorship plays in preventing burnout among young attorneys. Panelists will share personal experiences on how mentorship has supported their careers and well-being, as well as how they are now giving back by mentoring the next generation of lawyers. The session is free for all TBA members. CLE dual credit is available for a nominal fee. For more information and to register visit TBA’s website.

Lawmakers received a draft report from the Tennessee Advisory Commission on Intergovernmental Relations (TACIR) on Thursday morning addressing issues within the state’s childcare industry. According to WSMV News, the study, mandated by Public Chapter 934, Acts of 2024, examined the characteristics and conditions of childcare workers and explored ways to expand support for early childhood educators. Key findings included discrepancies between zoning requirements from local communities and the Department of Human Services, with some local areas enforcing stricter rules. Additionally, 55% of childcare business owners cited staffing challenges as a major concern. The report recommended increased state support for childcare workers, including incentive programs, and suggested eliminating state and local business taxes for childcare providers. Researchers are working to finalize the draft of the report.

The Tennessee Association of Recovery Court Professionals has awarded the 2024 Ellen L. Abbott Vanguard Award to the 23rd District Recovery Court for its leadership in criminal justice reform. The award recognizes a demonstrated leader in the implementation of a criminal justice initiative or advocacy project. In a press release, the association praised the court’s efforts to reform the criminal justice system, highlighting the work of Circuit Judge Suzanne Lockert-Mash. "For too long, society has used incarceration as the primary tool for dealing with those with addictions. It hasn't worked. Addiction is worse than ever. Prisons are full. The 23rd Judicial District Recovery Court, under Judge Lockert-Mash's direction, is a model of success," the release states. The 23rd District Recovery Court serves Cheatham, Dickson, Houston, Humphreys and Stewart counties.