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Courtroom Error Leads to Dismissal of 55 Indictments

Posted by: Katharine Heriges on Aug 14, 2018
Fifty-five indictments related to Operation Jack Rabbit, a 2017 Memphis Police Department drug-busting initiative, will be dismissed and replaced due to a courtroom error, The Commercial Appeal reports. Shelby County grand jury foreperson Mary Thomas allowed all 12 jurors and five alternate jurors to enter the grand jury room and vote on the proposed indictments, but only 12 are permitted to enter the room and participate. Thomas was removed from the position and the indictments will be replaced at a later date.

Judge Overturns $19 Million Award to Nashville-based Company

Posted by: Katharine Heriges on Aug 14, 2018

A Nashville-based physician services company will not receive $19 million in damages from a rival company after a Tennessee Court of Appeals judge overturned a 2016 ruling, The Nashville Post reports. Nashville's SpecialtyCare sued Pennsylvania-based Medsurant in 2015 over Medsurant's alleged interference in SpecialtyCare's takeover of a smaller company. Davidson County Chancellor Carol McCoy cited Medsurant repeatedly for not cooperating in the discovery process, and eventually ruled against them on the basis of intentionally destroying evidence to avoid liability. Medsurant's attorneys - Brant Phillips, Russell Stair and Matt Sinback of Bass Berry & Sims; Bob Mendes of Waypoint Law and Richard Simins of Montgomery McCracken Walker & Rhoads - appealed, arguing that the chancellor had made numerous mistakes, the punitive damages were excessive and their clients had overall not received a fair hearing. Judge Kenny Armstrong agreed. "From the totality of the circumstances, we conclude that the grant of default judgment as a sanction for discovery abuses was error," Armstrong wrote.

Lawyers Claim Waffle House Shooter Unfit to Stand Trial

Posted by: Katharine Heriges on Aug 14, 2018
Travis Reinking, the man accused of murdering four people in a mass shooting at an Antioch Waffle House, is too mentally unstable to stand trial, attorneys argued in a motion filed today. The Tennessean reports that medical experts said last week that Reinking’s "mental condition was such that he is currently not competent to stand trial and in need of immediate judicial hospitalization.” The question of Reinking’s mental fitness for trial will be considered in an Aug. 22 hearing.

Court Affirms 6-Month Suspension for Memphis Attorney

Posted by: Katharine Heriges on Aug 14, 2018
The Tennessee Supreme Court has affirmed the suspension of Memphis attorney Larry Edward Parrish from the practice of law for six months, with 30 days to be served on active suspension and the remainder on probation. Previously, a Board of Professional Responsibility (BPR) hearing panel found that Parrish had violated his ethical duties under the Rules of Professional Conduct by making derogatory statements about three appellate judges, however, the panel declined to issue discipline beyond a public censure because they argued his statements were protected by the First Amendment. Upon appeal, the Tennessee Supreme Court found that his statements were not protected under free speech and affirmed Parrish's suspension.

Knox County Lawyer Placed on Disability Inactive Status

Posted by: Katharine Heriges on Aug 14, 2018
The law license of Knox County lawyer James Douglas Busch was transferred to disability inactive status today, pursuant to Section 27.4 of Tennessee Supreme Court Rule 9. Busch cannot practice law while on disability inactive status. He may return to the practice of law after reinstatement by the Tennessee Supreme Court upon showing of clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law.

Williamson County Lawyer Suspended Following Appeal

Posted by: Katharine Heriges on Aug 14, 2018
The Tennessee Supreme Court on Monday suspended Michael Gibbs Sheppard from the practice of law for 60 days, followed by two years of probation under the supervision of a practice monitor. The Board of Professional Responsibility (BPR) filed a petition for discipline against Sheppard based upon two complaints of ethical misconduct. A hearing panel found that he failed to properly maintain and monitor client trust accounts, which resulted in the commingling of client funds, use of client funds to pay for operating expenses, and a diminished balance of client funds in the trust account. Sheppard also knowingly mislead at least one client about the status of the client’s trust funds; however, the hearing panel found his acts were not intentional and did not seriously injure any clients. The BPR, seeing the need for additional punishment, appealed the hearing panel's decision but the Tennessee Supreme Court sided with the panel.

CLE in 11 Tennessee Locations, NOLA and Olympic Valley

Posted by: Katharine Heriges on Aug 14, 2018
TBA offers programming in 11 cities across the state and destination programs in Olympic Valley, California, and New Orleans, Louisiana. Topics cover a variety of practice areas, ethics and skills.

Pera on Podcast: Seek Help from Other Attorneys on Ethics Issues

Posted by: Katharine Heriges on Aug 14, 2018
Former TBA President Lucian Pera recently appeared on the American Bar Association podcast “Asked & Answered,” in which he discusses the importance of seeking the advice of colleagues on issues of ethics. “None of us — and this is not just lawyers — are really objective about our own matters,” Pera said. The Memphis attorney and current chair of the ABA Center for Professional Responsibility’s Coordinating Council said that when an attorney gets even the slightest notion that something could become a problem on a client matter, reach out and ask for help. 

West Virginia House Impeaches State Supreme Court

Posted by: Katharine Heriges on Aug 14, 2018
The West Virginia House of Delegates voted last night to impeach all of the justices on the state’s Supreme Court, The New York Times reports. The decision came after Chief Justice Allen Loughry was suspended in June. He now faces a 23-count federal indictment on charges of fraud and false statements. The three other sitting justices were also subject to articles of impeachment, and the court as a whole was impeached for not creating policies to rein in spending by the justices.

Transactional Practice 2018

Posted by: Katharine Heriges on Aug 14, 2018
The Transactional Practice program will be held at the Tennessee Bar Center on Sept. 28. This program will provide lawyers with the information, tools and tips needed to successfully handle transactional, traditional business and probate matters. Learn practical approaches to real estate transactions, wills & trusts, probate and bankruptcy matters, and issues specific to health care transactions. The day will wrap up with a presentation about ethics in the practice of law. Earn up to six hours of CLE.
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