TBA Law Blog


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Posted by: Jenny Jones on Apr 28, 2014

 

Plan now to join us in the Smoky Mountains when the Tennessee Bar Association meets for the 133rd time on June 11-14 in Gatlinburg at the newly renovated Park Vista Doubletree.

PROGRAMMING starts with the Bench Bar Program on June 12 when author and political insider Keel Hunt and journalist John Seigenthaler take you behind the scenes to bring to life the dramatic transition of power from Gov. Ray Blanton to Gov. Lamar Alexander, and continues through Friday with 12 hours of CLE programming that is included in your registration. Among the programs will be Oliver Diaz’s account of his time under fire as a Mississippi Supreme Court justice, Brian Faughnan’s lively look at ethics issues facing lawyers, an examination of how new laws are changing the “wine and shine” industries, and a return of the popular Better Next Year program.

SOCIAL EVENTS include meeting with your colleagues at the Bench Bar and Lawyers Luncheons, a welcome reception on Wednesday, and an exciting journey through the Titanic Museum, where you will experience what it was like to walk the hallways, parlors and cabins of the Titanic while surrounded by more than 400 artifacts directly from the ship and its passengers. Your journey ends with a reception, dinner and dance.

CONVENTION CENTRAL, the newly renovated Park Vista Doubletree Hotel provides unparalleled views of the Great Smoky Mountains, and a convenient location near an endless supply of shopping, adventure and outdoor recreation. Make your reservations now to get the special TBA room rate of $117 per night. The deadline to reserve you room is May 23, so either visit www.parkvista.com or call 800-421-7275 today.

FAMILY FRIENDLY GATLINBURG offers a wealth of activities for visitors of all ages. As gateway to the Great Smoky Mountains National Park — the most visited national park in the United States — Gatlinburg is a perfect starting place for exploring the natural wonder and breathing sights that await. You can also explore Appalachian Art at the Great Smoky Mountains Arts and Crafts Community. Just three miles from downtown, it hosts the largest group of independent artisans in North America. There are plenty more attractions and shopping venues throughout the downtown area, including Ripley’s Aquarium of the Smokies, the Dollywood theme park, and the Gatlinburg Aerial Tram.

For more information or to register for the 2014 TBA Annual Convention

Sign up online at: www.tba.org/info/2014-tba-annual-convention.

Posted by: Jenny Jones on Apr 28, 2014

 

The TBA General, Solo & Small Firm Practitioners Section will again produce three CLE programs for the general practitioner in Nashville, Memphis and Knoxville in August 2014.  The Nashville & Memphis fast track programs allow you to obtain 15 hours of required CLE in just one day out of the office.  Join us in Memphis or in Knoxville for 7 hours of live programming and obtain 8 hours of prepaid credits that are included with your registration that you may use on any of TBA's online videos, webcasts, text programs or educational games.

General Practice Fast Track 2014 (Memphis) August 8, 2014:

Topics included in this program include sessions on Marketing, General Sessions Criminal Court Practice, Workers Compensation, Probate Practice & Procedure, Divorce, Juvenile Court Practice & Procedure, and a session on Solo Practitioners & Technology.

General Sessions Summit 2014 (Nashville) August 14 - 16, 2014:

This year's Summit is bigger and better than ever with dual track programming on Thursday and Friday and ethics sessions set on Saturday.  Attendees at this program may pick and choose from the topics that are offered and get their full 15 hours of required CLE credit at this exciting program.

Topics included in this program include sessions on Termination of Parental Rights/Adoption, Mechanics & Materialman's Liens, Probate Practice & Procedure, When to Report Concerns about Colleagues, Modification of Parenting Plans, Bankruptcy for the General Practitioner, Collecting Debts in General Sessions Court, Mediation in Family Law, Social Security Disability, Nuts & Bolts of Criminal Cases in General Sessions, Personal Injury: Working with Insurance, Discovery Issues, Ethics of Cloud Computing, Managing Clients Money, and many more topics to come. 

General Practice Fast Track 2014 (Knoxville) August 22, 2014:

Topics included in this program include sessions on Psychological Evaluation, Issues in Child Custody Cases, Employment Law, Estate Administration, Juvenile Court Practice, Ethical Issues in Criminal Law, Conservatorship/Guardianships, and Strategic Marketing.

Watch for further details and registration information as plans develop through the TennBarU CLE Center course catalog at:  www.tnbaru.com/CLE/catalog_by_date.php.

Don't forget that you can save money when you register for this program by using your three hours of prepaid CLE credits that come with your TBA Complete Membership! 

Posted by: Jenny Jones on Apr 28, 2014

 

Spring is finally here! Yay!

It is that time of the year again.  A time of renewal and hope.  Winter 2013 will definitely go into the archives as a record-breaking long, cold winter.  The “Arctic blast” came down in full force, lowering temperatures to levels perhaps not seen in decades.  For Solos, you probably had to deal with paying higher energy and other bills, eating into already thin profit margins.

So many things go to sleep in winter.  Even the trees shed their leaves and nature is perhaps dull and drab.  But come spring, and the cycle of life is renewed. Suddenly, trees put on new leaves. Spring flowers are beautiful and make our hearts glad.  All of nature awakens to the glorious sound of spring:  Birds chirp, sun shines, rain falls and the collective message is clear!  It’s time to get energized for a brand new season!

Our Section has been busy, as the TBA President, Cyndi Wyrick asked for our input into one of her initiatives: the “Solo-In-A-Box Project”.  This project will put various resources which a Solo or new attorney will need to develop a successful law practice, in one place.

In January, we attended the TBA Leadership Conference in Nashville.  One of the most notable presentations was from Josie Beets on “TBA Impact”.  We immediately put our training into practice, when we learned about the proposed Senate Bill 1484 which sought to eliminate two Circuit Court Divisions in Shelby County.  I wrote on behalf of our Section to Senator Brain Kelsey, who sponsored the bill, and to every legislator on the judiciary Committee of the State of Tennessee Legislature.

I am happy to report that this Bill has been killed for this year. I even got a letter from Senator Kelsey stating that he has decided not to pursue this Bill.  This proves one thing: we can individually and collectively make our voices heard.

Most Bills are passed because people do not make their Lawmakers aware of their opinions.  Your voice matters.  Your voice counts. Please go to “TBA Impact “on TBA website and see if there are any pending Bills that you would like to influence. Then call or send a letter or an email to your State Representative and other members of the House. TBA is also sponsoring a LAWPAC to make our voice as an association stronger, and you may contribute to LAWPAC through the TBA website. 

Our Section is scheduled to hold its annual CLE in August.  Dates are August 14-16, 2014 in Nashville, August 8, 2014 in Memphis and August 22, 2014 in Knoxville.  We are in the process of getting speakers for these events.  If you are interested in presenting a CLE, please contact me, Jenny Jones or Lauren Hopper at the TBA.

Finally, being a Solo can be an isolating experience, especially if you practice alone.  Please take advantage of the “TBA Link”.  It is such a wonderful and helpful resource where you can post questions and have the benefit of so many attorneys giving their opinion and advice.  For example, when Sharon Frankenberg asked a question about eBook publication, she got a response from Cyn Mobley.  It turns out that Cyn is a best-selling author and publisher, a retired Navy Commander, a Karate expert and dog lover! Since I just wrote a book titled ”Weapons of Praise & Worship", I quickly linked up with Cyn.  We exchanged emails, and like I told her, I learned more about book publishing, sales and marketing in one day by emailing her, than I have in several years!  I encourage you to take advantage of this wonderful resource.

I wish you a beautiful spring season and may your law practice grow in leaps and bounds!

Please find below some recent cases that may be useful to your law practice:

Michael S. Becker et al v. Ford Motor Company –No M2013-02546-SC-R23-CV
https://www.tba.org/legal-opinion/michael-s-becker-et-al-v-ford-motor-company-0

Edith Johnson et al v. Mark C. Hopkins et al- M2012-02468-SC-S09-CV
https://www.tba.org/legal-opinion/edith-johnson-et-al-v-mark-c-hopkins-et-al

Andrew K. Armbrister v. Melissa H. Armbrister -E 2012 -0018-SC R11-CV
https://www.tba.org/legal-opinion/andrew-k-armbrister-v-melissa-h-armbrister-1

Best wishes,

Salu Abimbola
abisalu@yahoo.com

Posted by: Jenny Jones on Mar 25, 2014

The TBA has upgraded its online video programming so you can now watch any live webcast or archived videos on your favorite mobile device. Just look for [Mobile Ready] in the TennBarU Course Catalog.

The TBA is committed to providing the CLE programming you want and need. If you have topics you'd like to have presented or if you would like to present a program, please email TBA CLE Director Mindy Thomas-Fulks

Posted by: Jenny Jones on Mar 25, 2014

The TBA is providing an exciting resource for those members who want to follow legislative action. On TBAImpact, members can learn about issues important to lawyers, track legislation pending before the General Assembly and contact their legislators to express their opinions. The TBA has a long tradition of advocating on behalf of its members in the state legislature. TBAImpact will enhance these efforts, giving you an opportunity to weigh in on issues important to the profession.  Link to the login video at TBAImpact Video Login.

Posted by: Jenny Jones on Mar 25, 2014

Please visit the TBA Estate Planning & Probate Section’s web page which provides useful information about this Section. Go to the TBA’s website at www.tba.org, then click on “TBA Groups,” then “Sections,” then “Estate Planning and Probate Section” (or just insert this URL in your browser: https://www.tba.org/section/estate-planning-and-probate-section.) You will find information about upcoming CLE programming, newsletters, information about the Section’s leadership, resources, and a listing of current Section members. 

Also, we would love to hear from you if you have suggestions for Resources / Links to useful information that would benefit the members of this Section.  Please contact Lynn Pointer at Lpointer@tnbar.org if you have suggestions for Resources that should be added online for the members of this Section.

Posted by: Jenny Jones on Mar 25, 2014

Estate Planning Forum

Estate Planning and Probate attorneys from across the state packed the Doubletree Hotel in downtown Nashville for the Tennessee Bar Association’s annual Estate Planning Forum. The day-long session featured some of Tennessee's top attorneys on estate planning techniques and probate considerations.

Produced by Knoxville attorney Donald Farinato of Holbrook Peterson Smith PLLC, the program offered updates on new legislation and case law, as well as insights into emerging trends. Many of the individual sessions are now available online. They include:

The Supreme Court’s DOMA Decision: Estate Planning For Same-Sex Couples In Tennessee
This presentation analyzed the estate planning and tax impact of the Windsor decision.
David Parsons, Baker Campbell & Parsons

Ethics for Estate Planning and Estate Administration
Attorneys implementing estate plans and administering those plans often face numerous ethical issues, such as joint representation, client confidentiality, client competence, and billing inquiries. This ethics presentation will explore many of the difficult to resolve dilemmas faced by trusts and estates attorneys.
Stephen McDaniel, Wyatt Tarrant & Combs PLLC

Legislative Update
A summary of legislation adopted by and being considered by the Tennessee Legislature; legislation adopted by Congress and decisions made by various Courts and agencies affecting estate planning, estate administration and tax matters.
Albert Secor, CapitalMark Bank & Trust

The New Tennessee Conservatorship Laws: Correcting the Myths
Tennessee's conservatorship statutes underwent a major overhaul effective July 1, 2013 to settle a number of areas of confusion. In this session, the following questions will be addressed: How do you get help in a hurry for a ward in distress? What is the proper role of the Guardian ad Litem? What should your petition contain? Who will pay for the proceedings?
Kelly Frere, Guyton & Frere

Planning for Portability
Portability is here to stay! No more planning necessary, right? How portability is changing estate planning and how we advise our clients.
Stacy Roettger, The Trust Co. of Knoxville

Spray-on “Tanner”: The Tennessee Supreme Court’s
Tanner decision (295 S.W.3d 610 (2009)) and its progeny can still “burn” the unsuspecting probate practitioner This presentation will provide a synopsis of the appellate rulings regarding TennCare claims against decedent’s estates and strategies for resolving TennCare claims.
Matthew Thornton, Bourland, Heflin, Alvarez, Minor & Matthews, PLC

Posted by: Jenny Jones on Mar 25, 2014

TennBarU's CLE Center offers online estate planning videos, including a number of sessions from the Section's recent Estate Planning Forum 2014.  If you missed this year's Forum or if you would like to see the course catalog of estate planning online videos, please visit the TennBarU CLE Center.

Posted by: Jenny Jones on May 6, 2013
News Type: Legal News

Tennessee attorneys from across the state came together May 3-4 to learn about the Tennessee Bar Association and how to be successful leaders of the sections and committees they will head during the upcoming TBA membership year. The group also heard from TBA President-Elect Cindy Wyrick, who outlined her priorities for the coming year and gave a preview of some of the initiatives she will be pursuing.

Posted by: Jenny Jones on Feb 19, 2013
News Type: Legal News

Voting starts Friday to select Tennessee Bar Association leadership for the upcoming year. Below is a list of positions to be filled for the 2013-2014 TBA membership year (July 1, 2013, through June 30, 2014) and candidates who have filed for them. The TBA Board of Governors will fill seats where no one filed. Electronic voting begins Feb. 22 and ends March 1. Members choosing to vote by paper ballot have from March 15 to April 1 to submit their vote.


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