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TBA Law Blog

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Mississippi Lawyer Censured

Posted by: Katharine Heriges on Jul 18, 2019
News Type: BPR Actions
Mississippi lawyer Wanda X. Abioto today received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. Abioto is licensed to practice law in Mississippi and is only authorized to practice in Tennessee before the U.S. District Court for the Western District of Tennessee. Abioto was retained to represent a Mississippi family in a claim for injuries which occurred in Mississippi against a food manufacturer and distributor which sold the product in Mississippi. Abioto used business cards and letterhead with addresses in Memphis and which listed a variety of practice areas, but did not contain a disclaimer indicating she was not licensed to practice in Tennessee. Abioto filed a complaint with the U.S. District Court for the Western District of Tennessee, which was not an appropriate venue. She failed to comply with a court order setting a deadline for service upon the defendants and the civil action was dismissed. Abioto subsequently re-filed the complaint in the same court and successfully served the defendants, but it was dismissed because Abioto relied upon Mississippi’s longer statute of limitations deadlines instead of Tennessee’s deadlines which had expired at the time the action was filed. Abioto then filed the only remaining cause of action in Mississippi state court without the knowledge or consent of her clients and formally withdrew from the representation without serving any of the defendants in the case.     

Lewis County Lawyer Censured

Posted by: Katharine Heriges on Jul 18, 2019
News Type: BPR Actions
Lewis County lawyer Larry Joe Hinson today received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. Hinson was paid $1,500 to represent his client in a divorce action. Hinson did not have a written fee agreement and was suspended from the practice of law before he could conclude the representation. Hinson offered to reimburse $750.00 to his client, but failed to respond to requests from the Board for compliance with such obligation. Hinson only recently confirmed that he reimbursed funds to his client, and also failed to comply with his notice obligations for suspended attorneys requiring him to file an affidavit with the board.   

In the Heat of the Summer, Don’t Forget Sunscreen

Posted by: Katharine Heriges on Jul 17, 2019
News Type: Wellness Wednesday
Even when you’re not pool or beachside, if you plan on spending time outdoors, it’s important to protect yourself with sunscreen. The minimum effective SPF in direct sunlight should be 30 or higher – SPT 15 blocks about 93 percent of UVB rays, 30 blocks about 97 percent and SPF 50 blocks 98 percent. To cover the body, most adults need approximately one ounce, and should reapply ever two hours.

Bradley Launches Cannabis Industry Team

Posted by: Katharine Heriges on Jul 17, 2019
News Type: Legal News
Bradley Arant Boult Cummings LLP recently announced the launch of its Cannabis Industry team, a multi-disciplinary group of attorneys dedicated to meeting the specific needs of cannabis industry clients, including hemp companies. “The challenges involved in the legal cultivation, processing, and distribution of cannabis also extend to a broad cross-section of businesses that provide services to or otherwise interact with cannabis companies," said Jay Wright, a Bradley partner and co-leader of the new team. The team will serve clients across all of Bradley's offices, including those in Tennessee.

Casada Picks Up First Challenger for 2020

Posted by: Katharine Heriges on Jul 17, 2019
Brad Fiscus, a Williamson County School Board member, has thrown his hat into the ring to challenge Tennessee House Speaker Glen Casada in 2020, the Nashville Post reports. Fiscus will run as an Independent candidate. Casada, R-Franklin, is scheduled to step down from the Speakership next month, but will retain his House seat.

Clarksville Attorney Ed Maurer Dead at 74

Posted by: Katharine Heriges on Jul 17, 2019
News Type: Passages
Clarksville attorney James E. “Ed” Maurer died Monday. He was 74. Maurer was founder of the Special Needs Law Center, Maurer & Gardner PLLC, and served families in every county of Tennessee. He graduated from Ohio Northern University Petit College of Law, and served in the U.S. Army during the Vietnam War. Maurer worked in private practice in Bolivar, and as an attorney for Western Mental Health Institute before moving to Middle Tennessee. He retired as General Counsel for the Department of Intellectual and Developmental Disabilities in 2002, before founding Maurer & Gardner, PLLC. Arrangements are in care of Neal-Tarpley Parchman in Clarksville; funeral details will be posted when made available.

Former U.S. Supreme Court Justice John Paul Stevens Dead at 99

Posted by: Katharine Heriges on Jul 17, 2019
News Type: Passages
Retired U.S. Supreme Court Justice John Paul Stevens died Monday at the age of 99, ABC News reports. Stevens was nominated to the high court by President Gerald Ford in 1975 and retired in 2010 after serving more than 34 years on the court. "He brought to our bench an inimitable blend of kindness, humility, wisdom and independence," Chief Justice John Roberts said. "His unrelenting commitment to justice has left us a better nation."

Rutherford Mayor Faces Potential Lawsuit from Tennessee AG

Posted by: Katharine Heriges on Jul 17, 2019
News Type: Legal News
Rutherford County Mayor Bill Ketron could face legal action from Attorney General Herbert Slatery for $60,000 in unpaid civil penalties to the Tennessee Registry of Election Finance, the Daily News Journal reports. The Tennessee AG's office says it is prepared to file a lawsuit if the penalties are not paid within the next few weeks. Ketron has six $10,000 civil penalties from the Tennessee Registry of Election Finance for failing to file required documentation by 2018 deadlines on campaign finance records.

Motion: Remove Coffee County DA as Special Prosecutor in Activist's Case

Posted by: Katharine Heriges on Jul 17, 2019
News Type: Legal News
Coffee County District Attorney Craig Northcott should be disqualified from handling a case involving Tennessee House Speaker Glen Casada because of his role in lobbying the legislature, as well as his anti-Muslim, anti-LGBT and racially insensitive views, a new court filing argues. NewsChannel5 reports that the motion was filed by the lawyer for student activist Justin Jones, who faces assault and disorderly conduct charges for allegedly throwing a cup onto an elevator with Casada and other lawmakers back in February. Northcott was assigned as a special prosecutor after allegations surfaced that the Speaker's Office may have doctored an email in an effort to frame Jones.

Putnam County Lawyer Censured

Posted by: Katharine Heriges on Jul 16, 2019
News Type: BPR Actions
Putnam County lawyer Elizabeth Ann Shipley today received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. In the first disciplinary complaint, Shipley was tardy in the payment of restitution to a former client, which had been a condition of an earlier public censure. The second disciplinary complaint arose out of an overdraft on Shipley’s trust account.  On Oct. 22, 2018, Shipley received $500 from clients in connection with a custody case. She initially deposited the funds into escrow, but later transferred them to her operating account. On Dec. 3, 2018, she instructed her assistant to forward the funds to the Court Clerk’s Office but failed to specify that the funds were no longer in escrow. Shipley’s assistant issued a check to the Court Clerk’s Office on the trust account, resulting in the overdraft. 
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