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.

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.

A political action committee’s barrage of text message attacks on incumbent state Sen. Jon Lundberg, R-Bristol, has spurred a formal complaint by Senate Republican Caucus Chair Ken Yager of Kingston, the Tennessee Journal reports. The messages aren’t just “dirty” politics, Yager argues, but possible “collusion” that runs afoul of Tennessee campaign finance restrictions. Lundberg’s opponent in the Republican primary for Senate District 4 is pharmacist Bobby Harshbarger, son of Republican U.S. Rep. Diana Harshbarger of Kingsport.

A new rule from the U.S. Department of Labor will make millions of Americans eligible for overtime if it survives expected court challenges, the Business Journal reports. The new rule increases the overtime threshold for non-exempt workers to $43,888 from $35,568 on July 1. That would increase again to $58,656, on Jan. 1, 2025. After that, the threshold will update once every three years. Like other recent federal employment rule changes, the overtime pay rule is likely to face court challenges. It is similar to a 2016 rule that was overturned by a federal judge. In that case, the judge ruled the increase invalidated Congress' intent that specific duties, not salary, make people ineligible for overtime.

Registration is now open through May 13 for the next free advice clinic for Black-owned small businesses and nonprofits. The clinic, sponsored by the Nashville 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. The clinic will take place on May 16. Attorneys should email vlpa@abcnashville.org to volunteer.

The U.S. Supreme Court kicked off its “opinion season” today, Reuters reports. Among the cases decided, the court ruled in favor of a music producer in a legal fight with Warner Music, finding there is no time limit for recovering monetary damages in copyright cases that have been filed before the expiration of a statue of limitations. In another case, the court reinforced the power of law enforcement authorities to retain seized property belonging to people not charged with a crime. According to the courts calendar, the next opinion day is set for May 16. Reuters looks at the major cases argued this term.

Day four of Well-Being Week in Law focuses on building connections and a reliable support network to better contribute to our groups and communities. Suggestions for improving social well-being at work include avoiding being disrespectful or unfair to colleagues, making a meaningful contribution that benefits your group or organization, or sending a quick note of gratitude. Check out resources for these and other actions to enhance inclusion, engagement and belonging.

Recipients of the TBA's 2024 Public Service Awards will be honored during a Public Service Breakfast June 13 in Memphis as part of the TBA Annual Convention. The TBA’s Access to Justice Committee will recognize Memphis-based Assistant Federal Public Defender Tyrone Paylor as the Ashley Wiltshire Public Service Attorney of the Year, Memphis attorney John Golwen as the Harris Gilbert Pro Bono Volunteer of the Year and University of Tennessee law student Kim Riddett as Law Student Volunteer of the Year. The awards recognize outstanding service by attorneys and law students who have demonstrated an exceptional commitment to increasing access to justice for underserved individuals and communities in Tennessee. Read more about this year’s recipients at the links above or in the May/June 2024 issue of the Tennessee Bar Journal.

University of Tennessee College of Law (UT Law) student Kim Riddett has been named the TBA’s 2024 Law Student Volunteer of the Year. The award recognizes a Tennessee law student who provides outstanding volunteer services while working with an organization that provides legal representation to the indigent. “Kim is a committed public interest law student who cares tremendously about helping those in need,” UT Law’s Director of Clinical Programs Joy Radice says. “She is a leader who is deeply committed to helping others and fighting injustice.” The award will be presented during a Public Service Breakfast June 13 in Memphis as part of the TBA Annual Convention. Read more about Riddett's service in the TBA’s press release.

Memphis attorney John Golwen has been named the 2024 Harris Gilbert Pro Bono Volunteer of the Year by the TBA for his work in combating generational poverty in Memphis and helping youth succeed. A Memphis native and litigation partner at Bass Berry & Sims, Golwen brought legal expertise together with his experience from volunteering with the Boys & Girls Club of Greater Memphis to help support the PURE Academy in Memphis. That organization, founded by former gang member Melvin Cole, is focused on training young boys to excel in academics and athletics, while exposing them to many opportunities that will prepare them to become productive men. The award will be presented during a Public Service Breakfast June 13 in Memphis as part of the TBA Annual Convention. Read more about Golwen’s work in the TBA’s press release.