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Posted by: Stacey Shrader Joslin on May 24, 2023

Two University of Tennessee College of Law professors received honors this month from the school for accomplishments in academic work. Professor Wendy Bach received the Jefferson Prize, which is awarded annually to a tenured or tenure-track faculty member who has demonstrated excellence in research and creative activity. Bach focuses her work on clinical legal education and poverty law. Associate Professor Joy Radice received the Excellence in Academic Outreach Award, which honors those who exemplify the school’s mission by using intellectual capital to benefit the citizens of Tennessee. Her focus is on the intersection of criminal law and the administrative state, and the gap in access to civil counsel.

Posted by: Stacey Shrader Joslin on May 24, 2023

The Memphis Bar Association's Access to Justice Committee and Young Lawyers Division will join with Memphis Area Legal Services and local elected officials to host a Restoration of Rights Community Clinic on July 1 from 10 a.m. to 2 p.m. CDT. The clinic will be held at the Legacy Impact Center, 2285 Frayser Blvd., Memphis 38127. Members of the public are invited to attend to get help with criminal expungements, reinstatement of drivers’ licenses and voting rights. The deadline to preregister is June 23. Those with questions should contact 901-527-3573. View a flyer for the event.

Posted by: Stacey Shrader Joslin on May 24, 2023

Davidson County lawyer Marian Boyle Greer was reinstated to the practice of law Friday. She had been on inactive status since May 18, 2014. The Board of Professional Responsibility reviewed the petition for reinstatement and stated that is was satisfactory. The reinstatement will be effective as of April 26.

Posted by: Stacey Shrader Joslin on May 23, 2023

Tennessee State High School Mock Trial Champion Montgomery Bell Academy competed last month in the National High School Mock Trial Competition, placing third among 47 teams. The team defeated competitors from Florida, Alabama, Washington and Georgia. The event took place in Little Rock. The Arkansas Democrat Gazette reports on the competition. See a team photo from the event.

Posted by: Stacey Shrader Joslin on May 22, 2023

The Trial Court Vacancy Commission is currently accepting applications for three newly established state court judicial positions: a criminal court judge in the 13th Judicial District, a circuit court judge in the 19th District and a circuit court judge in the 22nd District. The new positions, created by the Tennessee General Assembly during the recent session, will be effective Sept. 1. Public hearings on candidates will take place July 18, July 12 and July 13, respectively. The deadline to apply is June 12 at noon CDT. Applicants must be attorneys licensed in Tennessee who are at least 30 years of age, residents of the state for five years, and residents of the relevant judicial district. The application and instructions are available online. For questions, contact Assistant General Counsel John Jefferson.

Posted by: Stacey Shrader Joslin on May 22, 2023

The Tennessee Supreme Court today suspended Maury County lawyer James Michael Marshall for one year. The court took the action based on two complaints. In one matter, the court found that Marshall failed to prepare and file an order reflecting the trial court’s ruling (resulting in contempt charges being filed against his client), failed to timely address an order of protection or advise his client of the ramifications of cohabitation, failed to fully advise his client that dismissal of a divorce complaint would not affect the pending counter-complaint for divorce filed by his wife, and failed to timely withdraw as attorney of record after closing his file. In a second matter, Marshall created a conflict of interest by engaging in an inappropriate relationship with his client during the representation. Marshall submitted a conditional guilty plea acknowledging his conduct violated Rules of Professional Conduct 1.3, 1.4, 1.7 and 1.16.

Posted by: Stacey Shrader Joslin on May 22, 2023

The Tennessee Supreme Court today suspended Rutherford County lawyer Gary Neil Patton from the practice of law for one year, with 30 days to be served on active suspension and the remainder on probation. The court took the action after the Board of Professional Responsibility found that Patton failed to reasonably communicate with his client; collected a fee for work he performed without filing a motion for approval of the fee in violation of the rules of the Probate Court; failed to maintain client funds in his trust account prior to receiving approval of the court; obtained a release of liability from his client without advising his client in writing of the desirability of seeking independent counsel; and engaged in unprofessional conduct through inappropriate conversations with his client His actions were determined to violate Rules of Professional Conduct 1.4, 1.5, 1.7, 1.8 (h) and 1.15. The court did find that Patton deposited the fee he had received when ordered to do so.

Posted by: Stacey Shrader Joslin on May 22, 2023

The Tennessee Supreme Court suspended Davidson County lawyer Christopher Roberts Kelly from the practice of law on May 19 after finding that Kelly failed to respond to the Board of Professional Responsibility concerning a complaint of misconduct.

Posted by: Stacey Shrader Joslin on May 22, 2023

Knox County lawyer Jonathan William Doolan was temporarily suspended from the practice of law in Tennessee on May 19. The court took the action after finding that Doolan failed to respond to the Board of Professional Responsibility concerning two complaints of misconduct. Supreme Court Rule 9 provides for the immediate summary suspension of an attorney’s license in cases of an attorney’s failure to respond to a complaint of misconduct.

Posted by: Stacey Shrader Joslin on May 22, 2023

In an opinion released last week, the Tennessee Supreme Court unanimously held that a trial court's voluntary dismissal order in a governmental tort liability action could not be altered or amended because the plaintiff’s amended complaint rendered it of no legal effect. The decision came in the case of George Gary Ingram, who filed a lawsuit against a physician, a hospital and two other defendants after suffering complications following a medical procedure. Ingram later filed an amended complaint that named only the physician as a defendant. The physician argued the lawsuit should be dismissed under the Governmental Tort Liability Act because the hospital, which was his employer and a governmental entity, was required to be named a party to the suit. Read more from the AOC.


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