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Posted by: Stacey Shrader Joslin on May 29, 2025

The Tennessee Workers Comp Appeals Board will hear in-person oral arguments in Taylor v. Dale’s Recycling on June 13 in Murfreesboro. The case involves a claim of brought by the wife of Darrell Taylor, who died of cardiorespiratory arrest related to chronic hypertension and diabetes while driving a trailer of scrap metal for Dale’s Recycling. The trial court awarded benefits. Both parties rely on Mitchell v. Bunge North America, the only post-Reform Act appellate opinion about heart attacks, to support their positions. Arguments will begin at 9:15 a.m. CDT.

Posted by: Stacey Shrader Joslin on May 29, 2025

Effective May 27, the Tennessee Supreme Court suspended Shelby County lawyer Archie Sanders III from the practice of law for one year, with two months to be served on active suspension and the remainder on probation subject to conditions. The court found that while handling a probate matter, Sanders unreasonably delayed filing the petition to probate, unreasonably delayed seeking partition of certain real property in the estate, failed to communicate reasonably with his clients and failed to properly conclude representation of the clients. In a separate matter involving litigation with an insurance company, the court found Sanders failed to communicate reasonably with his clients, diligently perform the necessary work and reasonably expedite the litigation. Sanders executed a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 1.3, 1.4, 1.16, 3.2 and 8.4(d). During the probation period, he must engage a practice monitor to assess his caseload, case management, timeliness of performing tasks and adequacy of communication with clients. The monitor is to provide a monthly written report to the Board of Professional Responsibility.

Posted by: Stacey Shrader Joslin on May 28, 2025

The Tennessee Supreme Court recently adopted amendments to Tennessee Supreme Court Rule 46. The change, which took effect immediately, allows attorneys to electronically file unsworn declarations with electronic signatures in lieu of printed notarized affidavits. The court said it took the action after the General Assembly approved a change to Rule 22 of the Rules of Appellate Procedure, which allows the use of unsworn declarations under penalty of perjury in lieu of notarized affidavits if filed by licensed Tennessee attorneys in good standing. The change to the appellate rules was proposed jointly by the Tennessee District Public Defenders Conference, the Tennessee Association of Criminal Defense Lawyers and the Tennessee Attorney General’s Office. Read the order and see a redline version of the changes.

Posted by: Stacey Shrader Joslin on May 27, 2025

The reporting staff of the Nashville Banner will receive the Tennessee Bar Association’s 2025 Fourth Estate Award for its reporting last year on the Nashville criminal court system. The award will be presented at the 2025 Lawyers Luncheon set for June 13 as part of the TBA’s Annual Convention in Franklin. Throughout 2024, the Nashville Banner published a series of stories designed to bring transparency and accountability to the Davidson County Criminal Court. Among the issues covered was the court’s decision to remove computers that previously had provided public access to court records, and subsequent changes in the process of how to access those records. In announcing the award, TBA President Ed Lanquist Jr. said, “Nashville Banner news staff demonstrated tenacious and courageous reporting last year as they worked to bring visibility to issues impacting the operations of the Nashville criminal court system. We thank them and honor them for that important contribution.” Read more in the TBA’s press release.

Posted by: Stacey Shrader Joslin on May 23, 2025

A number of lawyers have been reinstated after being suspended for administrative violations. Seven lawyers have been reinstated after completing required continuing legal education hours (four were suspended in 2024, one in 2023, one in 2022 and one in 2020). In addition, 18 lawyers have been reinstated after paying their annual registration fee to the Board of Professional Responsibility (15 were suspended in 2025, one in 2024, one in 2022 and one in 2020). And 14 lawyers have been reinstated after paying their annual fee to the Board of Professional Responsibility (nine were suspended in 2025, two in 2024, one in 2023, one in 2019 and one in 2009. The TBA has records of all administrative suspensions and reinstatements going back to 2005. See all lists here.

Posted by: Stacey Shrader Joslin on May 23, 2025

The Tennessee Supreme Court on May 21 suspended 17 attorneys for failure to pay the annual registration fee; 11 of them also failed to file proof that client funds are held in an IOLTA-compliant account. View the fee suspension order and IOLTA suspension order. See the list of all lawyers suspended and reinstated for fee and IOLTA violations in 2025 or access all administrative suspensions dating back to 2005.

Posted by: Stacey Shrader Joslin on May 22, 2025

The state of Tennessee has executed Oscar Franklin Smith. He was pronounced dead at 10:47 a.m. Thursday at the Riverbend Maximum Security Institution in Nashville, the Nashville Banner reports. It was the first execution to be performed in the state since 2020, and was the first use of a single dose of the drug pentobarbital. In a final statement, Smith spoke out against the governor and the justice system. "Somebody needs to tell the governor the justice system doesn't work," he said in part, according to a witness. Smith was sentenced to death for the 1989 killings of his estranged wife and her two teenage sons. The victims' family thanked law enforcement, investigators and the judicial system at a news conference after the execution. The Tennessean has additional photos from the remarks. Earlier this week, Gov. Bill Lee declined to issue a stay of the execution.

Posted by: Stacey Shrader Joslin on May 22, 2025

The next free advice clinic for Black-owned small businesses and nonprofits is set for Nashville. This month's event will take place on June 18 instead of the usual date in honor of Juneteenth. The clinic, sponsored by the Arts & Business Council's Volunteer Lawyers & Professionals for the Arts and Bradley, provides assistance with business formation and corporate governance, review of contracts and guidance in navigating local ordinances and state regulations. Register by June 16 to participate. Attorneys should email vlpa@abcnashville.org to volunteer.

Posted by: Stacey Shrader Joslin on May 22, 2025

North Carolina lawyer Brian Keith Leonard was reinstated to the practice of law in Tennessee on May 20. He had been placed on inactive status more than five years ago, on Feb. 11, 2019. The Board of Professional Responsibility reported that it found the petition for reinstatement to be satisfactory.

Posted by: Stacey Shrader Joslin on May 22, 2025

Former Davidson County Chancellor Carol L. McCoy has joined Miles Mediation & Arbitration in Nashville. McCoy spent 20 years as a chancery court judge with the 20th Judicial District. Her judicial career also included an appointment by the Tennessee Supreme Court to the Appellate Court Judicial Evaluation Committee, where she was one of five trial judges tasked with evaluating the performance of all Tennessee appellate judges, including the Supreme Court justices. She also served as president of the Judicial Conference from 2009-2010 and as presiding judge of the 20th Judicial District from 1999-2001. McCoy stepped down from the bench in 2016. She can be reached at 615-476-4030 and cmccoy@milesadr.com.


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