TBA Law Blog


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Posted by: Julia Wilburn on May 10, 2024
News Type: Legal News

The Tennessee Bureau of Investigation (TBI) on Thursday stated that their rate for processing rape kits fell by 64% from the end of 2022 to March of this year. Action News 5 reports that the state’s turnaround times for sexual assault kits drew heavy scrutiny after the murder of Eliza Fletcher in September 2022. TBI had attributed its long delays to staffing woes and low pay.

Posted by: Julia Wilburn on May 10, 2024
News Type: Legal News

Nashville’s Metro Council has passed legislation requiring the Metro Nashville Police Department (MNPD) to submit quarterly use of force reports. MNPD already presents the council with reports pertaining to crime and traffic stops. Councilmember Delishia Porterfield sponsored the legislation, working on it with MNPD. The data now will include demographic information for subjects (age, gender, ethnicity); specific age of minor subjects; number of instances a firearm was displayed or discharged by an officer, in addition to other use of force; number of incidents where subjects suffered injuries in relation to the use of force and whether these incidents were in compliance with police policy; and if a Taser was used, the total taser discharges and the average number of taser cartridges used per incident. WPLN has the story.

Posted by: Julia Wilburn on May 10, 2024
News Type: Legal News

The gun safety group Everytown has released a report finding that 112,000 guns were reported stolen in the U.S. in 2022, with just over half taken from cars, a number that has tripled in the last decade. The Commercial Appeal reports that the study, which analyzed FBI crime data from 337 cities across 44 states, notes that Memphis had the highest number of cases in 2022 with 2,210 gun theft from car incidents, up from 329 in 2013. Atlanta and St. Louis were in the number two and three spots. The study notes that cities in states with high gun ownership and lax gun safety laws see nearly 18 times the rate of gun thefts from cars compared to states with stronger laws.

Posted by: Laura Labenberg on May 10, 2024
News Type: Legal News

The TBA YLD held its inaugural Trial College event at Belmont University College of Law in Nashville today. The program covered a range of litigation topics including getting prepared for trial, putting together a trial notebook, prepping witnesses, conducting voir dire, and planning and presenting opening statements. It concluded with a panel of experienced judges designed to provide insights from the judicial perspective. TBA YLD President Quinton Thompson and TBA YLD Past President Billy Leslie served as host and moderator. See photos from event.

Posted by: Julia Wilburn on May 10, 2024
News Type: Legal News

U.S. District Court Judge Aleta Trauger last week ruled that Tennessee teachers can move forward with their lawsuit challenging a three-year-old state law restricting what they can teach about race, gender and bias. The lawsuit claims that the language of the law is unconstitutionally vague and that the state’s enforcement plan is subjective. The statute restricts teachers from discussing 14 concepts that the legislature deemed "cynical" or "divisive." Chalkbeat reports that Trauger also cited shortcomings of related rules, developed by the state education department, to outline the processes for filing and investigating complaints, appealing decisions and levying punishment that could strip teachers of their licenses and school districts of state funding.

Posted by: Julia Wilburn on May 10, 2024

Day five of Well-Being Week in Law focuses on valuing your emotions, developing an ability to identify and manage emotions, and seeking help for mental health when needed. Suggestions for improving your emotional well-being include doing a mental health check-in with yourself by taking a brief mental health self-assessment. Use a mental health checklist to evaluate any areas of risk and make a plan to take action. Explore new things and add variety to your daily routine, which can positively impact mood, well-being and creative thinking. Access resources for incorporating tips from this week into your daily routine.

Posted by: Julia Wilburn on May 10, 2024
News Type: TBA CLE

The TBA’s 2024 Litigation Forum is a live virtual event next week on May 16. Programming will include a session covering Tennessee summary judgement, evidentiary privilege and the ethical implications of artificial intelligence from the perspective of the Board of Professional Responsibility. Speakers include Chattanooga attorney David Nagle with Legal Aid of East Tennessee, Nashville attorney Todd Presnell with Bradley Arant Boult Cummings and Tiffany Tant-Shafer with the Tennessee Board of Professional Responsibility. The program will run from 9 a.m. to 12:30 p.m. CDT.

Posted by: Stacey Shrader Joslin on May 9, 2024
News Type: Legal News

Longtime Nashville intellectual property lawyer Jack Waddey has launched a new firm with Chanelle Acheson. Waddey Acheson will focus on intellectual property, corporate investigations, government investigations, artificial intelligence and litigation. The firm is touting its reliance on technological advances to provide better results at a lower cost. Waddey has more than 50 years of experience. According to a press release, he has secured hundreds of patents and trademarks and served as a mediator since 1998. Acheson has experience in a broad range of complex litigation matters and using technology in case and client management. The firm is located at 1030 16th Ave. S., Floor 2, Ste. 165, Nashville, TN 37212. It can be reached at info@waddeyacheson.com or 615-839-1100.

Posted by: Stacey Shrader Joslin on May 9, 2024
News Type: Legal News

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility released a formal opinion yesterday that provides guidance for when a lawyer can seek advice on a listserv. Formal Opinion 511 relies on Rule 1.6 of the ABA Model Rules of Professional Conduct to conclude that seeking advice on a listserv is unethical “if there is a reasonable likelihood that the lawyer’s questions or comments will disclose information relating to the representation that would allow a reader then or later to infer the identity of the lawyer’s client or the situation involved.” In a press release issued with the rule, the ABA says that in most cases, the model rules forbid posting questions or comments relating to a representation unless the lawyer has secured the client’s informed consent. Memphis attorney Brian Faughnan is one of 10 members of the committee that issued the opinion. The TBA is studying this new opinion and will be providing additional information for members.

Posted by: Stacey Shrader Joslin on May 9, 2024
News Type: Legal News

The Memphis Bar Foundation recently named its 2024 fellows and held its annual Fellows Reception at The University Club of Memphis. The foundation annually nominates attorneys and judges to become fellows based on distinguished service to the legal profession and the administration of justice and adherence to the highest standards of professional ethics and personal conduct. The foundation also awards grants to non-profit organizations to support law-related projects. See the list of 2024 inductees.


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