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LAET to Host Expungement Clinic on Saturday

Posted by: Katharine Heriges on Oct 23, 2017

October is Celebrate Pro Bono Month, and all month long the TBA will be highlighting pro bono opportunities and events for Tennessee attorneys. On Saturday, Legal Aid of East Tennessee (LAET), in partnership with the Knoxville Bar Association, will host an Expungement Legal Advice Clinic for pre-screened individuals. The clinic will be held from 9 a.m. to noon. Clients wishing to become pre-screened should call LAET’s Knoxville office at (865) 637-0484, or visit www.laet.org and click on “Begin Client Intake.” For more Celebrate Pro Bono events, visit the TBA website.

Brentwood Attorney, Former State Deputy AG, Dies at 82

Posted by: Katharine Heriges on Oct 23, 2017
Donald Stuart Caulkins Sr. of Brentwood has died. He was 82. Prior to his 30-year legal career, Caulkins served in the U.S. Air Force, becoming a Command Pilot with the Tactical Air Command and reaching the rank of Major. For his service in Vietnam, he was awarded the Distinguished Flying Cross. During his military service, he earned a law degree from George Washington University and served as an Assistant Deputy Attorney General of the United States prior to his retirement from the military. After moving to Franklin he served as Chief Deputy Attorney General for the State of Tennessee, where he wrote the legislation establishing the compensation and benefit system for district attorneys and public defenders. Donations in Caulkins’ memory may be made to the Salvation Army. 

Haslam Appoints Gass as Special Judge for 4th District

Posted by: Katharine Heriges on Oct 23, 2017
Gov. Bill Haslam has appointed James L. Gass of Dandridge as special judge for Circuit Court in the 4th Judicial District. Gass's appointment fills the temporary vacancy due to the recent illness of Circuit Court Judge Richard R. Vance. The 4th Judicial District serves Jefferson, Grainger, Cocke and Sevier counties. Gass is a 34-year career trial attorney with experience in civil trials and serving in both prosecution and defense roles in criminal cases. He has been a partner at Ogle, Gass & Richardson in Sevierville since 1998 and has represented the City of Pigeon Forge in legal matters during that time. As city attorney for Pigeon Forge his work has included civil trial representation, contracts, employment law issues, and legal counsel to the city manager and board of city commissioners.

Former Congressman Fincher Officially Jumps in U.S. Senate Race

Posted by: Katharine Heriges on Oct 23, 2017
Former Republican U.S. Rep. Stephen Fincher has formally announced his intentions to run for the U.S. Senate seat that will be vacated by Sen. Bob Corker in 2018, The Tennessean reports. Fincher, from Frog Jump, represented Tennessee’s 8th Congressional District from 2011 to 2017. He will seek the Republican nomination for the position, for which he will have to go head-to-head with current Congresswoman Marsha Blackburn, who already announced her plans to run. On the Democratic side, attorney James Mackler could potentially face off against Chattanooga Mayor Andy Berke or former Gov. Phil Bredesen, who both are considering a bid.

Former Davidson County Attorney Suspended

Posted by: Katharine Heriges on Oct 23, 2017
Former Davidson County lawyer Ashley Denise Preston was suspended on Freiday for four years, retroactive to the date of her transfer from disability inactive status to active status, which was Feb. 23, 2016. Preston faced four complaints of ethical misconduct. In one, she failed to respond to an order of the court of appeals on behalf of a client, and in another, she failed to appear in court and her client’s case was dismissed. In a third case, Preston accepted a fee to represent a client in a child support matter but never completed any work in the case. In the final complaint, Preston became the sole trustee of her family’s trust and made payments to herself and other beneficiaries which were disputed by one of the beneficiaries. Preston must serve two years of active suspension and make restitution to one client.

Supreme Court Seeking Comments on Bar Exam Proposal

Posted by: Katharine Heriges on Oct 23, 2017
The Tennessee Board of Law Examiners (TBLE) is seeking to amend Tennessee Supreme Court Rule 7 by adopting the Uniform Bar Examination as the standard for applicants for licensing and admission in the state. The court is soliciting written comments from judges, lawyers and others on the proposed changes. The deadline for submitting comments in Jan. 5, 2018. Comments should be submitted via email to appellatecourtclerk@tncourts.gov or mailed to James M. Hivner, Clerk, Re: Tenn. Sup. Ct. R. 7, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Avenue North, Nashville, Tenn. 37219-1407.

Spring Start Likely for Federal Courthouse in Nashville

Posted by: Katharine Heriges on Oct 23, 2017
Long-gestating plans for a new U.S. courthouse in Nashville will finally come to fruition in spring 2018, the Nashville Post reports. Groundbreaking on the courthouse, which will be named for the late U.S. Sen. Fred Thompson, is planned for spring of next year, with demolition of a remaining building on the site planned for November. The courthouse is expected to cost $194.5 million to build and will sit on a plot of land downtown on Church Street.

Olsen Announces Run for 1st U.S. Congressional District

Posted by: Katharine Heriges on Oct 23, 2017
East Tennessee State University professor and medical practitioner Martin Olsen has formally announced his bid for the Tennessee 1st District U.S. House seat, the Johnson City Press reports. Olsen, who first indicated his interest in the seat back in August, will run as a Democrat and challenge Rep. Phil Roe for the seat. He said he plans on running on a platform of responsible change, as well as jobs, education and health care.

CLE Webcast on Principles of Practice: Business Law

Posted by: Katharine Heriges on Oct 23, 2017

Joan Heminway, William Kent and Taylor Wirth are presenting an online CLE on the basics of business law for Tennessee practitioners. Topics will include common pitfalls, what issues are likely to end up in court, challenges and rewards, and additional practice pointers. If you are unavailable to attend at 3 p.m. on Nov. 14, the webcast will be available online for up to one year.

Supreme Court Holds Trustee Had Power To Enter Into Arbitration Agreement

Posted by: Katharine Heriges on Oct 20, 2017

In a Hamblen County case involving a trust for a severely disabled child, the Tennessee Supreme Court held that Tennessee law authorized the trustee to sign an agreement requiring the trust to arbitrate claims against the broker who managed the trust funds. In a unanimous opinion, the Supreme Court reversed the court of appeals denying arbitration, and vacated the trial court’s order requiring arbitration of all of the trust beneficiary’s claims. The case was sent back to the trial court to determine which of the beneficiary’s claims had to be decided by an arbitrator. 

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