TBA Law Blog


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Posted by: Kate Prince on Apr 17, 2020

In addition to the currently scheduled bar examination set for July 29 through July 30, the Tennessee Supreme Court today announced the Board of Law Examiners will offer an additional exam on Sept. 30 through Oct. 1. The new October exam will only be offered in Knoxville, while the July exam will be given in Knoxville, Memphis and Nashville. Those who have submitted an application for the July exam will be given the option of moving to the October exam and new applicants can choose between the two sets of dates. “Because of on-going concerns about social distancing during the examination, the addition of another exam in a very large space will give the Board and applicants the flexibility to provide maximum space between test-takers, as well as provide a safety net in the event we remain under 'Safer at Home' orders or the NCBE does not deploy a July Exam,” said President of the Board of Law Examiners Bill Harbison.

Posted by: Kate Prince on Apr 17, 2020
News Type: Legal News

University of Tennessee College of Law Professor and Legal Writing Director Lucy Jewel has been elected to the board of directors of the Legal Writing Institute. The 14-member board is responsible for establishing policies and priorities and the planning and operation of the organization’s publications, projects, events, conferences and workshops. Jewel was one of 23 other candidates vying for one of the seven positions available and she will serve a four-year term. The Legal Writing Institute is a nonprofit organization dedicated to improving legal communication, building the discipline of legal writing and improving the status of legal writing faculty across the country.

Posted by: Kate Prince on Apr 17, 2020

Baker Donelson this week announced firm-wide pro bono efforts focused on addressing legal needs created by the COVID-19 pandemic. According to the Chattanoogan, the firm will focus on multiple opportunities, including providing remote counsel and legal representation, answering questions on the ABA’s Free Legal Answers website, providing pro bono services to non-profit organizations and more. As part of Baker Donelson’s existing pro bono efforts, each attorney can earn billable hour credit for up to 100 hours per year of pro bono work.

Posted by: Kate Prince on Apr 17, 2020
News Type: TBA CLE

The TBA’s Hot Topics in Real Estate program is now available in just one click! Produced in cooperation with the Tennessee Land Title Association, topics in this online program include legislative updates, split closing issues, FIRPTA, opportunity zones, ethics and more. Not a member of the Real Estate Law Section? Join the section for additional savings and benefits.

Posted by: Kate Prince on Apr 14, 2020
News Type: Legal News

A Knox County Chancery Court judge has ruled that the Knox County Sheriff’s Office (KCSO) cannot charge people to inspect public records, the Knoxville News Sentinel reports. University of Tennessee professor Meghan Conley sued KCSO last April after the office tried to charge her for records she requested or refused to answer her request for documents. KCSO argued it could assess charges to inspect public documents, including arrest records and emails, that required redaction. Chancellor John Weaver disagreed and ordered KCSO to create a system where Tennessee residents can access redacted arrest records on a current basis. “If there is no reasonable way for the public to access the public records, the public cannot use them to oversee governmental activities," Weaver wrote in his opinion.

Posted by: Kate Prince on Apr 14, 2020
News Type: BPR Actions

The Tennessee Supreme Court today censured Shelby County attorney Addie Marie Burks. Burks was found to have violated Rules of Professional Conduct 3.3, 1.1 and 8.4(d). Burks was hired to represent a client in defense of a civil collection matter. After the plaintiff filed a motion for default, Burks filed a Notice of Appearance with a certificate of service indicating it was mailed to opposing counsel on that date, but it was not mailed until a few days later. Burks did not appear at the hearing on the motion for default and the motion was granted. She then filed a motion to set aside the default, but this motion was never served on opposing counsel and was eventually struck by the court. Burks did not appear at the hearing on the final judgment, and a final judgment was entered against her client for $40,000.

Posted by: Kate Prince on Apr 14, 2020
News Type: COVID-19 News, Upcoming

The Legal Services Corporation (LSC) will host a public briefing via Zoom on April 20 from 11 a.m. to 12:45 p.m. EDT. LSC Briefing: The COVID-19 Health Crisis, Civil Legal Needs and State Courts will feature panels of experts from across the nation who will discuss the effects COVID-19 is having on state courts, access to justice and legal services organizations and their clients. Chief Justice Jeffrey Bivins is set to speak on a panel with justices from California, Texas and Michigan. The briefing is open to the public and dial-in information and a link to join by computer can be found on the event’s invitation.

Posted by: Kate Prince on Apr 14, 2020
News Type: COVID-19 News, TBA CLE

The TBA has a wide range of distance learning opportunities to fulfill your CLE needs. Cybersecurity and Protection from the Ransomware Attacks for your Law Firm addresses timely cybersecurity issues in light of recent Ransomware attacks on law firms. FFCRA: What Employers Need to Know  provides an overview of the Families First Coronavirus Response Act (FFCRA) and its impact on employers. Both programs are part of the TBA’s on-demand webcast series Navigating the Pandemic and available now on the TBA’s website.

Posted by: Kate Prince on Apr 14, 2020
News Type: BPR Actions

The Tennessee Supreme Court censured two Knox County lawyers yesterday. The Board of Professional Responsibility filed a petition for discipline against Margaret Beebe Held after she had a conflict of interest between her client and her client’s expert witness. Held self-reported the incident and made a good faith effort to mitigate adverse consequences. She was ordered to pay the costs of the disciplinary proceeding and restitution to her client. Lisa Collins Werner also received a public censure. While representing a father in a custody dispute, Werner met privately with a minor outside of the presence of a guardian ad litem. A public censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.

Posted by: Kate Prince on Apr 14, 2020

The April episode of the TBA BarBuzz podcast is streaming now, featuring guest co-host Jonathan May of Morgan & Morgan in Memphis. May joins the show to talk about upcoming events, legal news from across the state and how the pandemic is impacting attorneys and clients in Tennessee. BarBuzz is part of the TBA Podcast Network and can be found on the TBA’s website or anywhere you listen to podcasts by searching the show's title or “Tennessee Bar Association."


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