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Posted by: Katharine Heriges on Oct 16, 2017
Former Tennessee Governor Phil Bredesen has confirmed his interest in seeking the open U.S. Senate seat that will be up for grabs in 2018, the Associated Press reports. Current Sen. Bob Corker announced his retirement earlier this fall, igniting a firestorm of interest and speculation over potential successors. “In the days ahead, I’m going to do some research, talk with people and carefully think this through,” Bredesen said. “I’ll make a decision quickly.” Bredesen, a Democrat, would have attorney James Mackler and potentially Chattanooga Mayor Andy Berke to contend with in a primary. In the general election, U.S. House Rep. Marsha Blackburn has already announced her plans to run for the Republican nomination.
Posted by: Katharine Heriges on Oct 16, 2017

October is Celebrate Pro Bono Month, and all month long the TBA will be highlighting pro bono opportunities and events for Tennessee attorneys. A free legal clinic will be held in Oak Ridge on Oct. 17 at the Legal Aid Society. The clinic will be held from 4:30 to 6 p.m. at 575 Oak Ridge Turnpike. For more information, contact the Legal Aid Society of East Tennessee at (865) 483-8454. See more Celebrate Pro Bono events statewide here.

Posted by: Katharine Heriges on Oct 16, 2017

The Tennessee Supreme Court today issued guidance on the steps courts should follow when a creditor sells collateral used to obtain a loan, but does not provide the required notice of the sale. The case involved a bank loan that was used to purchase an airplane, with the plane itself and additional guarantors securing the transaction. When the debtor failed to maintain insurance, the bank, Regions Bank, placed the loan in default, and the resulting accelerated payments were not made. The bank filed suit against the guarantors. While that action was pending, Regions also repossessed the plane and spent money to make it flightworthy and marketable. Regions then ultimately sold the plane at a private sale for less than the amount owed to Regions. The Court concluded that resolution of this issue was a fact question for the trier of fact, in this case the trial court, to decide. The court expressly rejected the Court of Appeals’ evidentiary requirement regarding proof negating a debtor’s or guarantor’s ability or motivation to redeem or purchase the collateral. The court then spelled out the proper procedures for a trial court to utilize to resolve this issue.

Posted by: Katharine Heriges on Oct 16, 2017
After a jury described as “confused” came back hung, a Panola County, Miss., judge declared a mistrial in the case of Quinton Tellis, the man accused of killing 19-year-old Jessica Chambers, The Commercial Appeal reports. The jury began deliberating at 4 p.m. yesterday and came back twice today with the promise of a verdict, but it was clear the decision was not unanimous and the judge sent them back both times. Tellis can be tried again for the crime, but it is up to prosecutors to decide whether they will take that route. Chambers was killed by burning in 2014, and Tellis pleaded not guilty to the crime.
Posted by: Katharine Heriges on Oct 16, 2017

The Tennessee Supreme Court on Friday reinstated S. Brad Dozier to the practice of law. He had been suspended June 20 for a period of two years, with 30 days active suspension and the remainder on probation subject to conditions. Dozier filed a petition for reinstatement pursuant to Tennessee Supreme Court Rule 9, Section 30.4(c), which the board found satisfactory. Dozier will remain on probation until June 20, 2019, during which time he must engage a practice monitor and incur no new complaints.

Posted by: Katharine Heriges on Oct 16, 2017
The Supreme Court on Friday entered an order disbarring Putnam County lawyer John Philip Parsons, retroactive to Jan. 21, 2016.  Parsons is required to pay the cost of the disciplinary proceeding and restitution. Parsons misappropriated client funds from his trust account, created and filed fraudulent documents with the Appellate Court Clerk, misled his clients regarding the status of their case on appeal, failed to file a notice of appeal and failed to file pleadings and timely respond to discovery.
Posted by: Katharine Heriges on Oct 16, 2017
Shelby County lawyer Paul Forrest Craig on Thursday received a public censure from the Board of Professional Responsibility. Craig represented a client in a probate matter, and was not retained to represent the client on appeal.  Nevertheless, Craig received and signed for notices from the Court of Appeals, and failed to comply with a court order from Nov. 30, 2016, requiring him to provide information about his representation and failed to comply with a show cause order from January of this year.     
Posted by: Katharine Heriges on Oct 16, 2017
Get the basics in estate planning for Tennessee lawyers. Learn what should be in the estate plan, confidentiality and capacity. Attorneys Angelia Nystrom and Victoria Tillman provide pointers on planning documents and strategies. Register for Estate Planning 101 here and Estate Planning 102 here.
Posted by: Katharine Heriges on Oct 16, 2017
The Trial Court Vacancy Commission will consider four applicants when it meets on Nov. 6 in Memphis to select nominees for the Criminal Court vacancy in the 30th Judicial District, representing Shelby County. The vacancy was created by the retirement of Judge James C. Beasley Jr. The applicants are Dean DeCandia of Memphis, Robert Harris of Germantown, Jennifer J. Mitchell of Memphis and Jennifer S. Nichols of Memphis. The commission will interview the applicants at the Marriott Memphis East, 5795 Poplar Avenue. The meeting will include a public hearing starting at 9 a.m. The commission is expected to vote immediately following the interviews and forward three names to Governor Bill Haslam for his consideration.
Posted by: Katharine Heriges on Oct 13, 2017
TBA President Lucian Pera offers his thoughts on the legal profession, the importance of bar work and more in a series of web video interviews. The second video in the four-part series premiered today on YouTube. In the video, Pera discusses his goals for the TBA, as well as challenges and trends he sees emerging in the profession. Pera also highlights the “once in a lifetime opportunity” the legal community has this year to improve indigent representation. Stay tuned later this week for part three, in which Pera talks about lawyers becoming leaders in their own communities.

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