TBA Law Blog


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Posted by: Stacey Shrader Joslin on May 15, 2024
News Type: Legal News

A former law student is suing the law firm of King & Spalding, alleging the firm discriminates against white heterosexual candidates for certain summer associate positions. In the complaint, the former student argues that the firm violated federal law by stating that it preferred non-white or non-heterosexual candidates for a diversity fellowship. The suit is the latest challenge to diversity hiring programs following a U.S. Supreme Court ruling striking down affirmative action on college campuses last year. Other firms targeted have included Winston & Strawn, Perkins Coie and Morrison Foerster. Bloomberg has more.

Posted by: Stacey Shrader Joslin on May 15, 2024
News Type: U.S. Supreme Court

Two U.S. Supreme Court justices are speaking out about their experiences on the nation’s highest court. At a conference of the U.S. Court of Appeals for the 11th Circuit in Alabama Justice Clarence Thomas decried “the nastiness and the lies” he and his wife have “had to endure” in recent years, and described Washington, D.C., as a place where “people pride themselves in being awful.” Thomas also talked about why he tends to write separate or dissenting opinions that question long-standing precedent. At a conference for the U.S. Circuit Court of Appeals for the 5th Circuit in Austin, both Thomas and Justice Brett Kavanaugh raised concerns about the court’s growing emergency docket. They said it pressures justices to make quick rulings in controversial issues before developing a complete understanding of the facts. Bloomberg Law looks at both events.

Posted by: Stacey Shrader Joslin on May 15, 2024
News Type: Legal News

The claim period for franchise tax property measure refunds opened today, according to the Tennessee Department of Revenue. Taxpayers who paid the franchise tax on the property measure using Schedule G for tax years ending on or after March 31, 2020, for which a return was filed with the department on or after Jan. 1, 2021, are eligible for a refund. To obtain a refund, taxpayers must amend their franchise and excise tax returns for all eligible tax periods and file Schedule G. Both the amended returns and the refund claim form must be submitted by Nov. 30. Learn more in this press release from the department.

Posted by: Stacey Shrader Joslin on May 15, 2024
News Type: BPR Actions

New Mexico lawyer Samantha Alane Smith has been reinstated to the practice of law in Tennessee. She had been placed on inactive status more than five years ago on June 7, 2016. Smith petitioned the court for reinstatement and the Board of Professional Responsibility found the petition to be satisfactory. She was reinstated effective April 29.

Posted by: Stacey Shrader Joslin on May 15, 2024
News Type: Legal News

Tennessee Gov. Bill Lee joined with Utah Gov. Spencer Cox at an event in Nashville this week to promote Cox’s “Disagree Better” initiative. The governors, both Republicans, currently hold leadership positions in two gubernatorial associations. Cox is chair of the National Governors Association, while Lee heads the Republican Governors Association. Cox launched the initiative as part of his year in office and is holding events to spotlight how Americans can work through their differences to find solutions to difficult problems facing states and the nation. At the Nashville event, Lee said, “We can disagree and stand firm for our beliefs and principles, but we should never forget the dignity of the other human being. I’m proud to join governors across the nation in demonstrating that civility is not a weakness — it’s the Tennessee Way and the American Way.”

Posted by: Stacey Shrader Joslin on May 15, 2024
News Type: BPR Actions

The Tennessee Supreme Court has reinstated Knox County lawyer Matthew David Barocas to the practice of law conditioned on his continued compliance with conditions imposed when the court suspended him on Jan. 18. Barocas was suspended for one year, with three months to be served on active suspension and the remainder on probation. During the probationary period he must engage a practice monitor, complete the Board of Professional Responsibility's Trust Account Workshop as well as additional continuing legal education hours, and pay disciplinary costs. He also must not incur new complaints of misconduct related to the suspension. Barocas petitioned the court for reinstatement on April 17.

Posted by: Stacey Shrader Joslin on May 15, 2024
News Type: Legal News

Belmont University College of Law second-year student Chelsea Morgan is the winner of the school’s Fifth Annual Legal Fiction Workshop Contest. Her winning entry “My Son Spots” is an atmospheric story of an attorney who finds her footing again after an encounter with a client who loses everything. The workshop, taught by Professor Kristi Arth, is offered as an extracurricular activity for a limited number of 2Ls and 3Ls each spring. Winners are selected by outside community reader through an anonymized review process. This year’s reader was former Tennessee Bar Journal editor Suzanne Craig Robertson. In selecting Morgan for the recognition, Robertson said the writing was excellent, the imagery well done and theme of showing there is hope to come even in the bleakest situations “is a good message for all busy lawyers to heed.” Read more in a release from Belmont.

Posted by: Stacey Shrader Joslin on May 15, 2024
News Type: TBA CLE

Most people were taught at a young age how to manage their finances and set short- and long-term wealth management strategies. But what about mental health? Strategies for investing in mental, emotional and spiritual well-being have not always been prioritized, leaving many to seek help only when they are mentally bankrupt. Join Rachel Schaffer Lawson with Dickinson Wright and Laura Durbin with Eastman for a webcast on May 20 from 11:30 a.m. to 12:30 p.m. to learn how to avoid that outcome. The pair will share their courageous stories about what it means to invest in mental wealth, and share resources and strategies for others to achieve well-being.

Posted by: Stacey Shrader Joslin on May 15, 2024

Tennessee Supreme Court Chief Justice Holly Kirby will be honored next month with the Tennessee Bar Association’s (TBA) prestigious Justice Frank F. Drowota III Award. The award will be presented at the Bench Bar Luncheon set for June 13 as part of the association’s Annual Convention in Memphis. TBA President Jim Barry said the association is honoring Kirby for her efforts spearheading an increase in the hourly rate of reimbursement for attorneys who accept appointed cases. Before this year, Tennessee’s court-appointed attorneys had not seen a rate increase in 27 years, while the costs of maintaining a legal practice have continued to rise, leaving fewer and fewer attorneys able to afford to take these types of cases. In October 2023, Kirby made the case for increasing compensation for attorneys representing the indigent and announced the Administrative Office of the Courts (AOC) was requesting additional funding from the legislature. With the support of the TBA and others, lawmakers did approve a portion of that funding request. The TBA remains committed to working with the Supreme Court and other stakeholders to secure additional resources to fairly compensate lawyers who do this important work. The Drowota Award is given to a judge or judicial branch official who has demonstrated extraordinary devotion and dedication to the improvement of the law, the legal system and the administration of justice. Read more about Kirby's selection in the TBA's press release.

Posted by: Stacey Shrader Joslin on May 14, 2024
News Type: Your Practice

Henry Ford said customers could have any color so long as it’s black. At least you have two choices when it comes to core email, communication and office productivity applications. This comparison chart highlights the strengths and weaknesses of Google and Microsoft’s bundled, subscription offerings. Find this and more in the Opening a Firm section of TBA’s Law Practice Management Center.


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