During oral arguments this week, U.S. Supreme Court Justice Elena Kagan told a lawyer representing an unnamed international tax law firm proposing to expand attorney-client privilege that such a change “is a big ask.” She instead suggested following the “ancient legal principle” of “if it ain’t broke, don’t fix it,” the ABA Journal reports. Chief Justice John Roberts also seemed skeptical, saying the new test “really puts a lot of work on the judge” hearing the challenge. The American Bar Association is supporting the expanded protection. It says that clients often discuss multiple topics with lawyers that aren’t exclusively law-related, and such discussions “should be protected as a whole, not parsed sentence by sentence or phrase by phrase.” Read the group's amicus brief.

New data from the National Association for Law Placement (NALP) indicates that the percentage of law students of color serving as summer associates at U.S. law firms grew two percentage points last year — bringing the total to 43% of all summer associates. That number exceeds the percentage of lawyers of color serving as law firm associates (28%) and partners (11%). In commenting on the findings, NALP Executive Director Nikia Gray said, “We are nowhere near achieving the progress one would expect.” Reuters has more on the report.

The YWCA of Nashville & Middle Tennessee will host its next Stand Against Injustice virtual lunch and learn on Jan. 25 from noon to 1 p.m. CST. This month's topic will be "Supporting and Protecting the LGBTQ+ Community." The program will feature civil rights attorney Abby Rubenfeld, the president of Inclusion Tennessee and the president of Nashville Black Price. View a flyer for the event or register here.

The Tennessee Court of Workers' Compensation Claims will be closed Monday in observance of Martin Luther King Jr. Day. Settlement approvals will proceed on Jan. 25 but only in Nashville. The court also announced today that no settlement approvals will take place in any of its offices on Jan. 26 or 27 due to an upcoming judicial conference meeting. The court also recently reminded practioners of the process for filing approvals by affidavit in Nashville.

Three Tennessee lawyers recently were reinstated to active status from inactive status. Williamson County lawyer John Citrin Cascarano was reinstated as of Jan. 5 after being on inactive status since Aug. 12, 2016. The court issued the order today. Hamilton County lawyer Barbara Allison Edgmon Cromie was reinstated as of Dec. 27, 2022, after being on inactive status since Nov. 7, 2017. The court issued that order on Tuesday. Finally, Haywood County lawyer Sarah Harberg Levy was reinstated as of Dec. 27, 2022, after being on inactive status since Sept. 3, 2013. The court issued that order on Tuesday as well.

Monroe County lawyer Derek Timothy Green received a public censure today from the Tennessee Supreme Court. Green was hired to file a residential eviction for a client. He did not file the eviction but told the client he had. He also told the client to appear in court on four specific dates. The client went to court as instructed but the matter was not on the docket. Green then informed the client that the warrant had not been filed and refunded the client’s fee. Green eventually filed the warrant and received a judgment for possession and damages for the client. His actions were deemed to violate Rules of Professional Conduct 1.3 and 8.4(c).

Williamson County lawyer Joanie Lucie Abernathy received a public censure today from the Tennessee Supreme Court. The court reports that while representing a client in a contentious divorce, Abernathy filed a number of motions to recuse the trial judge. The third such motion was filed with the Court of Appeals and included “arguments that had not been raised in the trial court.” The appeals court denied the motion and held that the motion was frivolous. Abernathy’s actions were deemed to violate Rules of Professional Conduct 3.1, 3.4 and 8.4(d).

The Memphis law firm of Peppel & Palazzolo is seeking to add one or two lawyers to its roster. The firm currently focuses on family law, probate, estate and creditor's rights but is open to lawyers in any legal discipline. Get the full job description and instructions for applying on the TBA’s JobLink platform.

RWT Law, a growing boutique firm in Nashville is seeking an attorney with three to five years in transactional experience to handle real estate and general commercial transactions for buyers, sellers and lenders. Applicants should have a firm understanding of business entity structuring. Get the full job description and instructions for applying on the TBA’s JobLink platform.

Make plans now to attend the 18th Annual Bankruptcy Law Forum, which will be held at the Hilton Garden Inn in Gatlinburg March 31-April 2. This unique weekend retreat provides 10 hours of CLE credit, including three hours of ethics credit, an evening networking reception and dinner. Sessions include small group discussions focusing on case studies that highlight recent developments in the law and real-world issues faced by bankruptcy practitioners. Led by bankruptcy judges, these discussions will encourage participants to analyze, discuss and argue different approaches to the cases.The program closes with a three-hour session devoted to ethical issues that arise in bankruptcy.