Attorney Thomas Henry "Tom" Ware of Goodletsville died Nov. 14. A graduate of Overton High School, Middle Tennessee State University, and the Nashville School of Law, Mr. Ware practiced law in Nashville for 28 years . He was elected to serve as the Davidson County Public Trustee in 1997 by the Metro Council, a position he helf for 15 years. He was a member of the American and Tennessee Bar Associations, the Tennessee Trial Lawyers Association, and was a Fellow of the Nashville Bar Association. A Celebration of Life service was held at Woodlawn's Dignity Hall on Nov. 17. Read the Tennessean obituary.

Memphis attorney Kirk Caraway jokingly claims that he went to law school to hear himself talk, however, he doesn't dismiss the fact that communication and confidence are vital skills litigators must possess in order to argue in front of the United States Court of Appeals or the Tennessee Supreme Court. A product of Memphis City Schools and the University of Memphis Cecil C. Humphreys School of Law, Caraway is currently a partner with Allen, Summers, Simpson, Lillie & Gresham, PLLC where he puts his communication and proactive problem solving skills to use in the courtroom. Read more at the Memphis Daily News.

As the number of Hispanic immigrants grows across Tennessee, businesses known as “notario publicos” have been increasingly taking advantage of some immigrants’ poor understanding of U.S. law. Notarios purport to help undocumented immigrants navigate the legal system and apply for residency or citizenship, but they frequently do so fraudulently and without a law license. “It’s an egregious misuse of language," Tennessee Bar Association Executive Director Allan Ramsaur said. "We were seeing people being defrauded.” Work by the TBA in 2006 led to the passage of tighter notarios regulations in the state.  The Jackson Sun has the story from the Tennessean.

Attorneys are increasingly utilizing Facebook and other social media sites to gain evidence for their cases due to the ease of obtaining publicly accessible personal information, the Memphis Daily News reports. Memphis lawyer Greg Grishahm with Jackson Lewis LLP cited a recent Sixth Circuit Court of Appeals case in which an employee was fired after she called in sick to work but posted photographs of herself out in a social setting. Since her page was public, Grisham notes that using information retrieved from a public domain would not be considered by a court to be “deceptive” tactics. 

The Kentucky Supreme Court is considering a case that would require school officials to read Miranda rights to students being questioned. WBIR News Channel 10 reports that the case stems from a 2009 incident in which a student appealed his sentence because he wasn’t read his Miranda rights before admitting to a school official and school resource officer to giving away two prescription pain pills. He was charged with illegally dispensing a controlled substance and given 45 days in adult jail.

The new Veterans' Court in Memphis was created to help returning veterans in legal trouble. Since Anchorage, Alaska, established the first Veterans’ Court in 2004, approximately 120 courts across the country have diverted vets’ cases to the special court, addressing offenders' underlying mental or emotional problems, and getting many cases expunged. While those charged with serious violent crimes are not eligible, the court commonly addresses cases related to drug abuse, mental issues, and domestic violence.

Chattanooga-based law firm Miller & Martin PLLC recently selected John R. Bode to chair the firm’s Labor & Employment department and John Y. “Jay” Elliot III to assume the role of department vice chair. "We are delighted to have each of these talented individuals serve as leaders of our firm. Their depth of expertise and dedication to outstanding client service will greatly support the continued success of the firm," said Miller & Martin Chairman Jim Haley. Read more in the Cleveland Daily Banner.

The Tennessee Supreme Court is accepting written comments on proposed amendments to the Rules of Professional Conduct relating to attorney advertising. In May, the Tennessee Association for Justice filed a petition to amend the Rules in order to “reduce the threats to the civil justice system posed by some advertising in the State of Tennessee and to help civil justice clients receive fair and unbiased consideration by juries.” Download the petition notice.

Recent lawsuits from around the country are actively challenging prayers offered before public meetings, News Channel 5 reports. In Tennessee, a complaint has been filed against such prayers in Hamilton County, urging that local officials adopt a moment of silence instead. Lawyers on both sides of the debate say there is a new complaint almost weekly, though they don't always end up in court. Some lawyers and lawmakers believe it's only a matter of time before the U.S. Supreme Court weighs in to resolve the differences. The court has previously declined to take up the issue, but lawyers in a New York case plan to ask the justices to revisit it.

Valerie Corder of Memphis was publicly censured by the Tennessee Supreme Court on Nov. 20. The court found that Corder did not promptly withdraw from representation after her client testified falsely at a deposition, and that at a subsequent hearing, Corder did not correct the deposition testimony because the hearing was unexpectedly adjourned prior to completion. Download the BPR notice.