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Posted by: Stacey Shrader Joslin on Oct 4, 2024

Shelby County lawyer Cynthia Jeanne Tobin received a public censure from the Tennessee Supreme Court on Oct. 3. As a certified estate planning specialist, Tobin provided estate planning services for a client, including drafting multiple living trusts. At the client’s request, Tobin listed herself as the beneficiary of a gift of $30,000 and a necklace. The court found that Tobin did not advise the client of ethics restrictions against such a bequest and did not decline to represent the client to avoid ethical issues. Instead, she listed her law partner as the drafter of the documents without his knowledge. Her actions were determined to violate Rules of Professional Conduct 1.8(c), 1.16(a)(1), 2.1, 4.1(a) and 8.4(c).

Posted by: Stacey Shrader Joslin on Oct 4, 2024

Schyler M. Cox was censured by the Tennessee Supreme Court on Oct. 3 for falsely claiming her work hours. At the time of the violation, Cox was working remotely from South Carolina for a company that places attorneys to work in full-time positions as in-house counsel. The company required employees to submit weekly timesheets confirming completion of required hours. During a seven-week period, Cox was unable to complete any work due to personal issues, but submitted timesheets falsely claiming she worked the required hours. Her actions were determined to violate South Carolina Rules of Professional Conduct 8.4(b), 8.4(c) and 8.4(d).

Posted by: Stacey Shrader Joslin on Oct 4, 2024

More than 100 large companies from the technology, pharmaceutical, automotive and other sectors are urging federal courts to increase disclosure on outside funders backing lawsuits. The group is urging the U.S. Judicial Conference to adopt a nationwide rule requiring disclosure of third-party litigation funding in lawsuits, Bloomberg Law reports. In July, Rep. James Comer, R-Kentucky, chair of the U.S. House Committee on Oversight and Accountability, urged the conference to review the role of litigation finance, including considering transparency rules and mandatory disclosure of outside funding in federal lawsuits.

Posted by: Stacey Shrader Joslin on Oct 4, 2024

When a federal judicial panel dismissed a challenge to Tennessee's redistricting plans for the U.S. House of Representatives and state Senate, it gave the plaintiffs 30 days to refile an amended complaint. The panel had found that while the maps were consistent with "racial gerrymander," they also were "consistent with a political gerrymander." The judges said the group, including the NAACP, would need to provide stronger evidence that legislators knew the maps would harm Democratic voters, including minority voters. The Associated Press reports on the decision not to refile. The refiling period expired Wednesday with official dismissal of the case.

Posted by: Stacey Shrader Joslin on Oct 4, 2024

The city of Memphis has designated Front Street between Poplar Avenue and Beale Steet as “Judge Bernice Bouie Donald Street” and will celebrate the naming at a ceremony on Oct. 19. The event will take place at the Renasant Convention Center, Lower Ballroom at 11 a.m. CDT. Honorary signage will be installed along the route paying tribute to Donald’s trailblazing career. Donald retired from the U.S. 6th Circuit Court of Appeals last year and has joined the Memphis law firm of Burch, Porter and Johnson. The firm held an event honoring the street naming in July and has more information about the event later this month. View the invitation.

Posted by: Stacey Shrader Joslin on Oct 4, 2024

Gov. Bill Lee and Federal Emergency Management Agency (FEMA) officials yesterday addressed rumors circulating on social media that donations for Helene survivors were being confiscated. “There’s a lot of misinformation,” Lee said. “In fact, there’s some belief and understanding that it’s coming from foreign sources just to confuse on the ground what’s happening here. There’s no confiscation of supplies or of products coming in from FEMA or TEMA [Tennessee Emergency Management Agency].” WSMV News has more on the comments and suggestions for items that are needed in Tennessee’s Cocke County. Items may be dropped off at the distribution center at the old Walmart on 613 West Broadway St. in Newport 37821.

Posted by: Stacey Shrader Joslin on Oct 4, 2024

The Tennessee Registry of Election Finance has ordered two Constitutional Republican groups to register as political action committees (PACs), Tennessee Lookout reports. The move comes after a complaint was filed against the groups, which claim registration is not necessary and arguing they are private social clubs that do not provide financial support to candidates. Before voting to direct the Sumner County Constitutional Republicans and Tennessee Constitutional Republicans to register, some members of the panel suggested the matter be referred to a separate entity for review, including the Tennessee Bureau of Investigation. Those recommendations were not pursued.

Posted by: Stacey Shrader Joslin on Oct 3, 2024

Two legal clinics aimed at helping survivors of Hurricane Helene are being planned in East Tennessee over the next two days. Tomorrow, a clinic will take place from 9 a.m. to 4 p.m. EDT at the Newport Grammar School, 301 College St., Newport 37821. On Saturday, a clinic will be held from 10 a.m. to 2 p.m. EDT at Ober in Hartford, 3565 Hartford Rd., Hartford 37753. No special training is necessary to help survivors file FEMA claims. Since many people have lost their belongings, attorneys who volunteer are asked to bring their own computer, printer and scanner if possible. Those willing to help should let Cocke County attorney Candice Mendez know they plan to participate. She may be reached at 865-474-0380 or Cmendez.law@gmail.com.

Posted by: Stacey Shrader Joslin on Oct 3, 2024

The Tennessee Lawyers’ Fund for Client Protection met to consider claims from clients alleging financial loss due to the illegal actions of their lawyers. The fund approved one claim against Roane County attorney Eric John Montierth in the amount of $4,700. It also directed Montierth to reimburse the fund for the expense. The Fund for Client Protection was established by the Tennessee Supreme Court to reimburse individuals for losses caused by dishonest conduct by attorneys. The fund is operated by a board, which meets quarterly to consider claims. In September 2022, the Tennessee Supreme Court amended Rule 25 to require the fund to notify the Tennessee Bar Association of claims paid. News releases also are posted online.

Posted by: Stacey Shrader Joslin on Oct 3, 2024

The Tennessee Supreme Court has adopted an order amending Tennessee Supreme Court Rule 31(15)(b) following a petition from the Alternative Dispute Resolution Commission (ADRC) asking the court for discretion when considering a Rule 31 application training requirement. The court amended the rule to add the following language: “The ADRC may grant a training waiver upon appropriate application for those whose credentials have lapsed for failure to comply with CME requirements pursuant to Rule 31(15)(a) for failure to timely renew under Rule 31(15)(b), or for any other reason deemed sufficient by the Commission.” The court reported that during the comment period on the proposed change it received responses from the ADRC, the Knoxville Bar Association, the Tennessee Bar Association and private individuals.


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