TBA Law Blog


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Posted by: Katharine Heriges on Aug 7, 2019
News Type: Legal News
U.S. immigration officials raided numerous Mississippi food processing plants Wednesday, arresting 680 mostly Latino workers in what marked the largest workplace sting in at least a decade, the Associated Press reports. Workers filled three buses at a Koch Foods Inc. plant in tiny Morton, 40 miles east of Jackson. Koch Foods, based in Park Ridge, Illinois, is one of the largest poultry producers in the U.S. and employs about 13,000 people, with operations in Mississippi, Alabama, Georgia, Illinois, Ohio and Tennessee.
Posted by: Katharine Heriges on Aug 7, 2019
News Type: Wellness Wednesday
As a result of our sedentary profession, maintaining good posture can be a great challenge. Sitting at a desk for extended periods of time throughout the day makes it difficult to not let your shoulders slump. However, the effects of this are negative, as slouching causes strain on both sides of your back due to the unbalanced position of the spine. Hunching over changes your breathing because your lungs can’t fully expand as you inhale. This shallow breathing results in your cells getting less oxygen, which makes you feel tired faster. To battle this, try taking a break to do a wall squat to realign your spine. Stand next to the wall with your knees at 90 degrees, make sure your shoulders are down and back in order to lengthen your spine, and hold for 10 seconds.
Posted by: Katharine Heriges on Aug 7, 2019
News Type: Upcoming
Meet Local is a networking event for local government attorneys or attorneys interested in the practice area. Join us Aug. 9 from 5 - 6 p.m. at the Tennessee Bar Center. Share news and updates from your department, enjoy time with colleagues and make new connections. Don’t miss it! Please RSVP for the Meet Local event. This event is paired with a CLE program.
Posted by: Katharine Heriges on Aug 6, 2019
News Type: Legal News

Nashville Mayor David Briley has called on lawmakers to pass a red flag law in Tennessee following the mass shootings in Texas and Ohio, NewsChannel5 reports. Briley urged the Tennessee House and Senate to pass such a law, which would allows police or family members to petition a state court to order the temporary removal of firearms from a person who may be a danger to others or themselves. Gov. Bill Lee has said these shootings are about mental health and radicalization, and says Tennessee needs to find its own way to protect against this type of attack, but wouldn't say if he supported some type of red flag legislation.

Posted by: Katharine Heriges on Aug 6, 2019
News Type: Upcoming

Nashville chapter of the American Constitution Society will soon host a discussion with Donald B. Verrilli, Jr., the former U.S. Solicitor General of the United States, on the upcoming U.S. Supreme Court Term. The event will take place on Sept. 4 at noon at Bass, Berry and Sims in Nashville. Reserve tickets here.

Posted by: Katharine Heriges on Aug 6, 2019
News Type: Legal News
The Tennessee Alliance for Legal Services (TALS) announced today its Access to Justice Award recipients, which will be honored at its annual Equal Justice University conference in Murfreesboro, August 28-30. Deborah Taylor Tate, Director of the Administrative Office of the Courts, is the 2019 Janice M. Holder Access to Justice Award recipient for her strategic leadership to ensure the legal system is open and available to all. Jeannie Kosciolek, Managing Attorney of Memphis Area Legal Services’ (MALS) Family Law and Senior Law practice groups, is the 2019 B. Riney Green Access to Justice Award honoree based on her leadership in promoting inter-program cooperation within the access to justice community statewide. Lucy Boateng, attorney with Community Legal Center in Memphis, and Benjamin Danford, staff attorney at Legal Aid of East Tennessee, will be recognized as the 2019 New Advocates of the Year. Register for the conference and read more here.
Posted by: Katharine Heriges on Aug 6, 2019

The period to submit an application to join the 2019 class of the TBA's Public Service Academy has been extended to next Thursday, Aug. 15. The Public Service Academy aims to train 25-30 attorneys over two weekends in the fall on the ins-and-outs of running for local public office. Last year's class saw attorneys from across the state receive training on topics like fundraising, messaging, work-life balance and more. For more information or to apply, visit TBAPSA.org.

Posted by: Katharine Heriges on Aug 6, 2019
The Tennessee Supreme Court has reversed a Court of Criminal Appeals’ decision construing the actions of defense counsel in a criminal case to have caused an amendment to the indictment, thus resulting in a criminal conviction for an offense that was not an enumerated lesser-included offense of the indicted charge. The Tennessee Rule of Criminal Procedure 7(b) sets forth the manner in which an indictment can be amended after jeopardy has attached. For an indictment to be amended, “an oral or written motion to amend (the indictment) should be made, and the defendant’s oral or written consent to the motion must be clear from the record.” On the other hand, an “effective amendment” to an indictment occurs when a defendant actively seeks consideration of an otherwise invalid lesser offense. In a jury trial, mere acquiescence in a trial court’s instructing the jury on an inapplicable lesser-included offense is insufficient to cause an effective amendment to the indictment. In its unanimous opinion authored by Justice Roger Page, the court made clear that these same principles apply in a bench trial as well as in a jury trial. 
Posted by: Katharine Heriges on Aug 6, 2019
News Type: BPR Actions

Twenty-four Tennessee attorneys, 28 out of state attorneys and one international attorney have been suspended by the Tennessee Supreme Court for failing to pay their annual registration fee and/or have not filed a mandatory compliance statement that eligible client funds are held in accounts participating in the Interest on Lawyers’ Trust Accounts (IOLTA) program. Read a full list of suspended attorneys and access all administrative suspensions here.

Posted by: Katharine Heriges on Aug 6, 2019
News Type: BPR Actions

Effective August 2, the Supreme Court of Tennessee suspended Greene County lawyer Edward Lee Kershaw from the practice of law for a period of four months, with 30 days served on active suspension and the remaining three months to be served on probation. The trial court determined Kershaw made comments toward the court and asked questions of a witness which were intended for no other purpose but to embarrass the witness and disrupt the judicial proceedings; published statements in a local newspaper about the court which Kershaw knew were untrue and were intended to call into question the judge’s qualifications and integrity; and published statements on social media which were made with reckless disregard and called into question the qualifications and integrity of all the judges in Greene County.


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