TBA Law Blog

TBA Law Blog

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ABA Releases Guidance for Splitting Fees in Contingency Cases When a Lawyer is Replaced

Posted by: Katharine Heriges on Jun 18, 2019
News Type: Legal News
The American Bar Association Standing Committee on Ethics and Professional Responsibility released today Formal Opinion 487 that addresses fee splitting arrangements when a lawyer in a separate firm replaces the first counsel rather than works together on a contingency-fee case. The opinion emphasizes that a previous attorney, whose services are terminated without cause, may be entitled to a fee for services performed prior to discharge and that any proposed agreement between the initial attorney and a successor should be fully disclosed and discussed with the client. Read more at the ABA website.

Judicial Conferences, Supreme Court Name Board of Judicial Conduct Appointees

Posted by: Katharine Heriges on Jun 18, 2019
News Type: Legal News
A new law altering the Board of Judicial Conduct was passed by the legislature this year, so the current board will sunset on June 30 and be replaced on July 1. Under the new law, four of the Tennessee Judicial Conferences appoint one or two members each and the Tennessee Supreme Court appoints one member. The new board members are Court of Criminal Appeals Judge Camille R. McMullen, 18th Judicial District Criminal Court Judge Dee David Gay, 11th Judicial District Chancellor Jeffrey M. Atherton, Stewart County General Sessions and Juvenile Court Judge G. Andrew Brigham, Municipal Court Judge H. Allen Bray and Benton County General Sessions Judge John Whitworth. In addition to the judicial members, the new board will also include appointees from Gov. Bill Lee, the Speaker of the House and Speaker of the Senate.

MLGW Must Rehire, Compensate Employee Fired Over Racist, Pro-Confederate Comments

Posted by: Katharine Heriges on Jun 18, 2019
News Type: Legal News
A federal judge has ruled that Memphis Light, Gas and Water Division must rehire Mike Goza, the technician who was fired after a public backlash over offensive Facebook statements he made about African Americans and violence in Charlottesville, Virginia, the Commercial Appeal reports. "Some of Goza's statements may have been insensitive, offensive, and even bigoted, but they were protected by the Constitution nonetheless," U.S. District Judge Jon McCalla wrote in the ruling, dated Friday. "MLGW thus violated Goza's First Amendment rights when it demoted and fired him." The judge ruled MLGW must also give Goza $160,000 in back pay and benefits, plus $30,000 in compensatory damages.

Disability Inactive Status Removed for Shelby County Lawyer

Posted by: Katharine Heriges on Jun 18, 2019
News Type: BPR Actions
The Tennessee Supreme Court on Monday entered an order dissolving the disability status of Williamson County attorney Patrick Michael Kelley, previously entered May 30, 2018. Although the disability status has been removed, the court determined Kelley’s license would remain inactive until the resolution of any disciplinary proceedings pending before the Board of Professional Responsibility and the satisfaction of any outstanding continuing legal education obligations. Kelley is required to pay the costs and expenses of his reinstatement proceedings to the court and to the Board of Professional Responsibility.

Shelby Lawyer Placed on Disability Inactive Status

Posted by: Katharine Heriges on Jun 18, 2019
News Type: BPR Actions
The law license of Shelby County lawyer Gilbert Henry Jacobson was transferred to disability inactive status today pursuant to Section 27.3 of Tennessee Supreme Court Rule 9. Jacobson 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.

Knox County Lawyer Reinstated

Posted by: Katharine Heriges on Jun 18, 2019
News Type: BPR Actions
The Supreme Court on Monday reinstated Knox County lawyer Charles Edward Daniel to the practice of law. Daniel had been suspended by the Supreme Court of Tennessee for three years on June 8, 2018, with one year to be served on active suspension and the remaining two years on probation. Daniel filed a petition for reinstatement to the practice of law, and the board found that the petition was satisfactory.

Gavel Passed to Sheppeard, Sen. Alexander Speaks, Logo Unveiled at Convention Day 3

Posted by: Katharine Heriges on Jun 14, 2019
News Type: TBA Convention 2019
Day 3 of the TBA Annual Convention featured big names and big news – Sen. Lamar Alexander accepted the TBA President’s Award from outgoing President Jason Pannu, and he used the opportunity to shine the spotlight on fellow award winners and longtime friends, Nashville School of Law Dean Bill Koch and Hal Hardin. Pannu also passed the gavel to new President Sarah Sheppeard, who was able to highlight major changes coming to the TBA. One such change, unveiled today, is a new brand and identity for the TBA, which proceeds the upcoming new TBA website. Check out photos from the day here.

Concerns Mount Over Trousdale CoreCivic Facility, For-Profit Prison Model

Posted by: Katharine Heriges on Jun 14, 2019
News Type: Legal News
NewsChannel 5 recently completed a months-long investigation into concerns about the Trousdale Turner Correctional Center in Hartsville, as well as CoreCivic, the for-profit prison company that operates the facility. Former inmates describe being under constant lockdown in understaffed facilities, as well as staff ignoring reports of safety concerns. One inmate said he filed multiple reports that he feared an attack from his cellmate – reports that were ignored – and then a few weeks later, he was raped in his cell. CoreCivic responded that the company is working to resolve issues at all four of its Tennessee facilities. 

Lawsuit Says Sales Rep Turn Blind Eye to Pill Mills

Posted by: Katharine Heriges on Jun 14, 2019
News Type: Legal News
More details are emerging about the lawsuit filed by Tennessee Attorney General Herbert Slatery over Endo Pharmaceuticals, including when a sales rep stepped in to help an over-prescriber who was receiving suspicion from pharmacists, Knoxnews reports. The lawsuit further details that Endo reps pushing Opana painkillers would drop in for sales calls routinely to “pill mills” across Tennessee, and looked the other way amid signs of fraud and drug-dealing.

International Law Firm Opens Nashville Office

Posted by: Katharine Heriges on Jun 14, 2019
News Type: Legal News
International law firm Greenberg Traurig is establishing a local presence in Nashville helmed by Julie Mix McPeak, the recently departed commissioner of the Tennessee Department of Commerce and Insurance, the Nashville Post reports. McPeak will join the firm’s insurance regulatory and transactions practice. Nashville becomes the firm’s 41st office worldwide and 31st in the United States.
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