Deadline to Qualify is Feb. 15, 2011

During 2011, the following officers, governors and delegates of the Tennessee Bar Association (TBA) will be elected as set forth in the association's bylaws:

TBA Officers and Board of Governors' Officers
A vice president (from the East Tennessee Grand Division " elected by the association's membership-at-large). The vice president automatically assumes the office of president-elect in 2012 and president in 2013.

District Governors
District governors in the 2nd, 5th and 8th districts will be elected to three-year terms. They are elected by the members in their respective districts.

Those who currently hold those positions are: Nick McCall (2nd), David Changas (5th) and Jason Creasy (8th). They are each eligible for re-election.

Grand Division Governors
TBA Grand Division Governors are elected for one-year terms by the membership in each grand division.

• An East Tennessee governor from the 1st, 2nd or 3rd district.
• A Middle Tennessee governor from the 4th, 5th or 6th district.
• A West Tennessee governor from the 7th, 8th or 9th district.

Those who currently hold those positions are: Cindy Wyrick (E), James Crumlin (M) and Brian Faughnan (W). James Crumlin and Brian Faughnan are eligible for re-election. Cindy Wyrick is ineligible for re-election due to term limits.

TBA Delegates to the ABA House of Delegates
Two members to represent the TBA in the American Bar Association (ABA) House of Delegates will be elected for two-year terms by the TBA membership in 2011. The positions are designated positions 1 and 3.
Those who currently hold those positions are Jonathan Cole (1) and Tasha Blakney (3 - Young Lawyer position). Jonathan Cole is eligible for re-election. Tasha Blakney is not eligible for re-election.

Qualifying
The officers, governors and delegates to the ABA are elected by the membership as provided by election procedures with petitions due Feb. 15, 2011.
To qualify for any of these offices, a candidate must file a nominating petition with the executive director of the TBA. The petition must contain the names of 25 members of the association in good standing. The petition must be received at the TBA office on or before Feb. 15, 2011.

TBA House of Delegates
Members of the TBA House of Delegates are elected to four-year terms in odd-numbered years. One member of the TBA House of Delegates from each Judicial District, one additional delegate from the 6th (Knox County), 11th (Hamilton County), 20th (Davidson County) and 30th (Shelby County) districts, and one young lawyer delegate from each grand division, are to be elected in 2011. The following is a list of the current members of the House from each district whose terms expire this year. All are eligible for re-election:
1st District - Rick Bearfield
2nd District - VACANT
3rd District - Doug Collins
4th District - Judge Ben Strand
5th District - Norman Newton
6th District - Wilson Horde and Tim Housholder
7th District - Bob Wilkinson
8th District - Philip Kazee
9th District - Wayne Henry
10th District - Bridget Willhite
11th District - Mitchell Byrd and Pat Vital
12th District - Mark Raines
13th District - Howie Acuff
14th District - Ed North
15th District - Lisa Cothron
16th District - Ewing Sellers
17th District - VACANT
18th District - VACANT
19th District - James Balthrop
20th District - James Cartiglia and Charlie High
21st District - Jon Perry
22nd District - Claudia Jack
23rd District - Jerry Smith
24th District - Ed Townsend
25th District - Weber McCraw
26th District - John Talbott
27th District - Steve Conley
28th District - Terri Crider
29th District - Matt Willis
30th District - Charlotte Knight Griffin and Harrison McIver
31st District - VACANT
YLD-East - Chris McCarty
YLD-Middle - Kristal Boone
YLD-West - Stacie Winkler

TBA House of Delegates' Qualifying
To qualify as a candidate for the TBA House of Delegates a TBA member must file a declaration of candidacy with the executive director of the TBA at the TBA office on or before Feb. 15, 2011.

Questions?
This notice is in accordance with bylaws of the TBA  §15 and 40 through 46.
For more information on running for any of these offices, visit the TBA's web site at www.tba.org/BOG/elexhandbook.html or call 615-383-7421 for an election handbook.  

Briefs

1,159 people helped during 'Celebrate Pro Bono' month
A record number of people received free legal assistance during recent Celebrate Pro Bono Month events across Tennessee. More than 450 volunteers " including 291 lawyers and 161 non-lawyers (such as paralegals, law students, social workers and interpreters) " gave their time to help meet the legal needs of 1,159 Tennesseans during October. Last year, 217 lawyers and 66 nonlawyers provided assistance to 416 people in the statewide campaign coordinated by the Tennessee Bar Association. In addition, three free CLE programs provided training to 115 lawyers who have agreed to provide pro bono service either through a clinic or by taking on pro bono cases.

Circuit Courts turn 200
2010 is the 200th anniversary of the creation of Tennessee's Circuit Courts, according to Circuit Court Judge Dale Workman of the 16th Judicial District (Knox County). "The General Assembly of the state of Tennessee, in Chapter 48 the Acts of 1809, established the Circuit Courts and a Supreme Court of Errors and Appeals," he writes in a history of the courts. "There were five circuit courts for the state, with one judge in each circuit. The act required that court be held twice annually in each county." Access Workman's article at http://tinyurl.com/28l65b8.

Student 'access to justice' contest announced
After 40 years, the Roscoe Hogan Environmental Law Essay Contest has changed to the Hogan/Smoger Access to Justice Essay Contest. The new competition will focus on whether and how the courts can be used to obtain justice. The contest awards a $5,000 cash prize. The 2011 topic is "The Gulf Oil Spill: Who Are the Victims & How Do They Get Compensated?" Any student currently enrolled in an accredited American law school may submit an entry. A declaration of intent to enter the contest is due by Jan. 31, while the contest deadline is March 31, 2011.

High placement number may be misleading
Though the National Association for Law Placement (NALP) reports that employment for the class of 2009 was 88.3 percent, according to an article on Slate.com, "about a quarter of those jobs were temporary gigs, without the salaries needed by most new lawyers to pay off crushing debts. Another 10 percent were part-time. And thousands of jobs were actually fellowships or grants provided by the new lawyers' law schools." Some law students and recent grads blame the number of new law schools for over-filling the market. And of those who chose law school as a strategy to wait out the recession, some are now arguing that they should get their money back. In fact, one recent grad named his law school in his bankruptcy filing. He asks the school to "[a]dmit that your business knew or should have known that plaintiff would be in no position to repay those loans."

Clerkship study shows changing demographics
NALP, the association for legal career professionals, recently released data on judicial clerkships, finding that over the past 10 years the number of positions has decreased significantly and there has been a shift in the demographics of those securing slots. Most notably, female law graduates now hold more clerkships overall (51 percent), while men continue to dominate at the federal level (54.3 percent). The other major finding is the disproportionality of minorities holding clerkships. While minorities made up 22 percent of the 2009 graduating class, they obtained only 16 percent of clerkships overall and only 13 percent at the federal level.

Follow us!
More than 600 people and businesses are now getting regular updates on news from the Tennessee legal community by following the Tennessee Bar Association on Twitter. Join the crowd by following @tennesseebar or watch for the tag #tnlaw. If you are a regular Twitter user, let us know your Twitter account name, so we can follow your posts as well. You can also watch for regular updates on the TBA's Facebook page.

Firm sets up loan repayment help for public service work
Baker, Donelson, Bearman, Caldwell & Berkowitz PC has committed $208,000 to a new program aimed at helping legal graduates pursuing public service careers. The firm has established a loan repayment assistance program at the University of Tennessee College of Law for law students or alumni pursuing legal careers in the public service sector. The fund for the program was established through individual contributions from Baker Donelson attorneys that were then matched by the firm. Loans will be paid for one or two such students or alumni who are "about to be employed or are already employed in an area of public interest law, such as public defender, district attorney, legal aid organizations, government agencies and nonprofit organizations."

New Leadership Law class announced
The Tennessee Bar Association today announced the members of the 2011 Leadership Law class. The class of 34, selected from attorneys across the state, will meet for its first session in early January. Leadership Law is designed to equip Tennessee lawyers with the vision, knowledge and skills necessary to serve as leaders in their profession and local communities. See the list of class members at www.tba.org/LeadershipLaw/class_2011.html.

Tennessee joins coalition supporting immigration law
A coalition of 13 states, including Tennessee, is asking the U.S. Supreme Court to uphold an Arizona law penalizing employers of illegal immigrants. The court is scheduled to hear arguments in December on the 2007 law that allows business licenses to be suspended or revoked when employers knowingly hire illegal immigrants. The Missouri attorney general's office is leading the coalition, which argues that states long have had the authority to license and regulate businesses. The Tennessean reports.

New resource available for pro bono immigration cases
The American Immigration Lawyers Association (AILA) announced that it has expanded its Immigration Advocates Network (IAN) to allow individual pro bono attorneys representing low-income immigrants to access resources, information and forums previously available only to IAN members. The newly created Pro Bono Resource Center also provides a new venue for AILA experts to share their insights and advice with less experienced practitioners who want to get involved in pro bono immigration work. Visit the
online pro bono center at www.immigrationadvocates.org/probono/

Professional liability, retirement fund plans added to benefits
Two new benefits were added for Tennessee Bar Association members by the Board of Governors in November.

The Bar Plan Mutual Insurance Company and the American Bar Association Retirement Funds were made endorsed providers. TBA members have access to both of these benefits.

The Bar Plan, the endorsed provider of professional liability insurance, provides a risk management hotline, offers continuing legal education seminars and supports practice management services.

Established more than 40 years ago by the ABA, its Retirement Funds Program was created to help law firms of all sizes develop retirement plans that incorporate the specialized features they need while providing high quality products and services. The program's full service solutions include plan design, plan administration, investment flexibility, independent on-line investment advice and services for participants.

To learn more about these and other TBA member benefits, go to www.tba.org/benefits/ or contact TBA Membership Director Colleen O'Connell at coconnell@tnbar.org.

CLE director Shearon steps down; Curl is acting director
David N. Shearon, the first and only executive director of the Tennessee Commission on Continuing Legal Education and Specialization, resigned effective Oct. 31. He held the position since the commission's inception in 1987. He leaves to pursue his work in positive psychology, which over the past five years he has pursued through education and experience. This work has included helping the Army develop resilience trainers, and training lawyers, judges and others in the legal system in the skills of resilience and thriving.

The commission has appointed its current assistant executive director, Andrea Curl, as acting director. Learn more about Shearon's tenure and plans at https://www.tba.org/tbatoday/news/2010/shearon_100810.htm

Court extends comment period, amends CLE rule
The Tennessee Supreme Court yesterday filed two orders. The first order extends until Dec. 31 the comment period for a proposed mentoring program that would provide continuing legal education credit for participants. The second order deletes Section 8.03 of Rule 21 and replaces it in its entirety. The revised rule now requires attorneys who attend out of state CLE programs, or other programs for which the sponsor does not report and pay the per-hour fee, to pay the fee at the time the hours are reported " rather than at the end of the year as had been the case. Both actions were requested by the CLE Commission.


For women, pay doesn't follow production, study says
Women partners in law firms are no less productive than their male counterparts when it comes to generating revenue per lawyer, but the women partners are paid less, a new study says. According to the study, conducted by professors at Temple University Beasley School of Law and the University of Texas, the average gross revenue of firms with the highest percentages of women lawyers was about $20 million higher than firms with the lowest percentage of women lawyers. But the revenue per lawyer at these firms dropped by about $120,000 per lawyer. "We found that the average compensation for lawyers at a firm goes down as the proportion of women at a firm rises, indicating that women in all positions at a firm are paid less than their male counterparts," a study author said in a press release. ABAJournal.com connects you to the study
http://www.abajournal.com/news/article/gender_rather_productivity_explains_lower_pay_for_women_partners_study_says/


Poverty rate surge means more qualify for civil legal help
The poverty rate surged to 14.3 percent last year, the highest since 1994, the Census Bureau said today, meaning nearly 57 million Americans now qualify for civil legal assistance from the Legal Services Corporation (LSC). That increase of 3 million people from 2008, the LSC said in a news release, makes it the highest number of people eligible for legal aid in our country in the LSC's 35-year history. Of the 57 million, 19.6 million are children, the Census Bureau said. John G. Levi, LSC board chair, says the entity will urge Congress to increase federal funding for legal services and "encourage the nation's legal community to increase its volunteer pro bono work at LSC programs -- we will work even harder with our partners in the judicial system to better meet the civil legal needs of the poor." http://www.lsc.gov/press/pressrelease_detail_2010_T261_R27.php/
       
http://www.census.gov/newsroom/releases/archives/income_wealth/cb10-144.html


App provides jargon guide
The Los Angeles based law firm of Latham & Watkins has developed a free smart phone application to help lawyers navigate slang used by financial professionals and government regulators in the banking and capital finance arenas. The U.S. Book of Jargon defines more than 750 Wall Street terms, slang phrases and other legal phrases. The product is available as a free download from the iTunes App Store and can be used on Apple's iPhone, iPod Touch and iPad devices. Learn more on the firm's website
http://www.lw.com/News.aspx?page=HomePageNewsDetail&publication=3714



Legal aid lawyers still among lowest paid in profession
According to new statistics from the National Association for Law Placement (NALP), civil legal aid lawyers are still the lowest paid members of the entire legal profession, earning less than public defenders and many other public interest lawyers. The statistics come from NALP's 2010 Public Sector and Public Interest Salary Report, which was released last week. The organization also released a report on the salaries of private sector lawyers. Learn more about its findings http://www.nalp.org/assoc_pi_sal2010


Lawyer web site ethics
Be careful what you put on your web site, is the upshot of a new ethics opinion issued by an American Bar Association committee. It provides guidance to help lawyers avoid potential pitfalls and protect the public. For lawyers, "web site marketing can give rise" to problems when web site visitors seeking legal advice rely on material posted only as general information and not intended to apply to specific situations, or make unexpected inquiries or unexpectedly provide confidential information. Connect to Formal Ethics Opinion 10-457, the model rules and more
http://www.abanow.org/2010/09/aba-issues-new-ethics-opinion-to-provide-guidance-for-lawyers-marketing-their-services-via-websites/

Luminary Award of Excellence

The Tennessee Bar Journal, the monthly magazine of the Tennessee Bar Association, was recognized in October with a Luminary Award of Excellence by the National Association of Bar Executives' Communications Section at its annual workshop. The magazine was judged best in its category for regular publications among medium-sized bars with more than 5,000 but less than 15,000 members.

TBA staff members who work on the Journal are Suzanne Craig Robertson, Landry Butler, Barry Kolar, Stacey Shrader and Sharon Ballinger. Serving on the Journal's editorial board are Nashville attorney Andree Sophia Blumstein, Knoxville attorney Wade V. Davies, Nashville attorney Paul A. Gontarek, Memphis attorney Suzanne Landers, Kingsport attorney Laura A. Steel, Jackson attorney Jonathan O. Steen, Nashville attorney Mattielyn Williams and Member Emeritus Donald F. Paine of Knoxville.

The Luminary Awards, sponsored by Thomson Reuters, recognize the outstanding work among bar communications professionals nationwide.  

Belmont Breaks Ground on Baskin Center for Law School

In October, Belmont University celebrated the official groundbreaking for the Randall and Sadie Baskin Center, a 71,000 square foot facility that will serve as the home for the school's new College of Law. The building is slated to open in fall 2012, although the law school will begin classes in fall 2011. When at full capacity, the school will enroll about 360 students.

The Baskins are providing a $7 million leadership gift for the new building, which will contain more than a dozen classrooms, a 21st-century trial courtroom, an appellate courtroom, a two-story law library, and more than 20 faculty offices. It will sit atop a five-level underground parking garage accommodating more than 500 parking spaces. Total cost for the project is estimated at $32 million once the building is completely outfitted.
Learn more about it at tba.org/journal_links.

Briefs

Court extends comment period, amends CLE rule
The Tennessee Supreme Court has extended until Dec. 31 the comment period for a proposed mentoring program that would provide continuing legal education credit for participants. The court also issued an order deleting Section 8.03 of Rule 21 and replaces it in its entirety. The revised rule now requires attorneys who attend out-of-state CLE programs, or other programs for which the sponsor does not report and pay the per-hour fee, to pay the fee at the time the hours are reported " rather than at the end of the year as had been the case. Access the details at www.tncourts.gov.

For women, pay doesn't follow production, study says
Women partners in law firms are no less productive than their male counterparts when it comes to generating revenue per lawyer, but the women partners are paid less, a new study shows. According to the study, conducted by professors at Temple University Beasley School of Law and the University of Texas, the average gross revenue of firms with the highest percentages of women lawyers was about $20 million higher than firms with the lowest percentage of women lawyers. But the revenue per lawyer at these firms dropped by about $120,000 per lawyer. "We found that the average compensation for lawyers at a firm goes down as the proportion of women at a firm rises, indicating that women in all positions at a firm are paid less than their male counterparts," a study author said in a press release. ABAJournal.com connects you to the study at tba.org/journal_links.

Poverty rate surge means more qualify for civil legal help
The poverty rate surged to 14.3 percent last year, the highest since 1994, the Census Bureau said in September. Now nearly 57 million Americans qualify for civil legal assistance from the Legal Services Corporation (LSC). That increase of 3 million people from 2008, the LSC said in a news release, makes it the highest number of people eligible for legal aid in our country in the LSC's 35-year history. Of the 57 million, 19.6 million are children.

John G. Levi, LSC board chair, says the entity will urge Congress to increase federal funding for legal services and "encourage the nation's legal community to increase its volunteer pro bono work at LSC programs " we will work even harder with our partners in the judicial system to better meet the civil legal needs of the poor."

App provides jargon guide
The Los Angeles-based law firm of Latham & Watkins has developed a free smart phone application to help lawyers navigate slang used by financial professionals and government regulators in the banking and capital finance arenas. The U.S. Book of Jargon defines more than 750 Wall Street terms, slang phrases and other legal phrases. The product is available as a free download from the iTunes App Store. Learn more through tba.org/journal_links.

Legal aid lawyers still among lowest paid in profession
According to new statistics from the National Association for Law Placement (NALP), civil legal aid lawyers are still the lowest paid members of the entire legal profession, earning less than public defenders and many other public interest lawyers. The statistics come from NALP's 2010 Public Sector and Public Interest Salary Report. The organization also released a report on the salaries of private sector lawyers. Learn more about its findings through tba.org/journal_links.

Lawyer web site ethics
A new ethics opinion issued by an American Bar Association committee provides guidance to help lawyers avoid potential pitfalls and protect the public when using a web site for marketing. Connect to Formal Ethics Opinion 10-457, the model rules and more from tba.org/journal_links.  

Lawyers give back in celebration of Pro Bono Month

More than 40 lawyers "including Memphis Mayor A C Wharton and Tennessee Supreme Court Justice Janice Holder " assisted 117 clients at a Legal Advice Clinic in Memphis Oct. 9. The event was part of Celebrate Pro Bono Month and was put on by Memphis Area Legal Services, along with the Memphis Access to Justice Committee and the Memphis Bar Association YLD.

Legal clinics, public education seminars, "Wills for Heroes" events, pro bono recognitions and free CLEs for lawyers wanting to know how to help, are among the more than 30 events planned across the state in October.

For a complete round-up of Celebrate Pro Bono Month, visit tba.org/celebrateprobono/

Clark sworn in as new chief justice

With more than 300 family, friends, judges, lawyers and public officials looking on, Justice Cornelia A. "Connie" Clark today became chief justice of the Tennessee Supreme Court. The ceremony was held in the Historic Williamson County Courthouse, which was being renovated, but reopened early especially for the occasion. It was the site of Clark's first appearance as a lawyer and where she presided as a trial judge for 10 years. The ceremony featured remarks from judges representing every judicial and clerk's organization in the judicial branch. In her remarks, Clark said that she was borrowing the theme from the recent juvenile and family court judges conference: Different Courts, Different People, One Purpose.
  
IOLTA revenues up following rule changes

Monthly IOLTA income is up, and more banks are participating in the program following the adoption of new Supreme Court rules governing the program. The Tennessee Bar Foundation, which administers the Interest on Lawyer Trust Accounts program in Tennessee, reports in its latest newsletter that monthly income more than doubled from September 2009 to June 2010. In addition, 30 more banks have started offering IOLTA accounts to their lawyer customers. The rule changes, recommended by the Tennessee Bar Association and other legal organizations across the state, require all client funds held by a lawyer for a short time, or which are small in amount, to be placed in special accounts, with the interest going to IOLTA. Money from the IOLTA program is distributed to organizations that provide direct legal services to the indigent, to organizations that seek to improve the administration of justice and to students, in the form of scholarships, at state-supported law schools.

Learn more about the IOLTA program
http://www.tnbarfoundation.org/iolta.aspx

New TBA committee examines foreclosure procedure
Amid the continuing wave of home loan defaults, foreclosure procedure in Tennessee is getting a fresh look by a special TBA committee formed to examine the procedures employed when homeowners default on their loans and face foreclosure. Chaired by Chattanooga lawyer Hal North, a shareholder at Chambliss, Bahner & Stophel PC, the committee is charged with examining what procedural changes could be made to reduce the cost of foreclosures, streamline the process and protect homeowners. The committee, composed of a balanced group of lawyers who represent banks, consumers, lenders and those who deal with bankruptcies, held its first organizational meeting last week. It plans to meet monthly during the fall.

Get more details about the committee and its members
https://www.tba.org/pressroom/releases_2010/foreclosure.html

Deferred graduates turning to public interest law ... and staying there
When law firms with commitments to law school students began deferring offers in 2008 to make it through the crashing economic environment, a funny thing happened. Many of those students spent that off-year practicing public interest law. But that's not the funny part -- when the year was up a lot of them decided to keep doing it. "What's interesting about the deferral process is that, even though I thought it wasn't right, it got me to pursue what I wanted to do in the first place," Avi Singh said. A 2009 Harvard Law School graduate, Singh decided to stay on with the Santa Clara County public defender's office in San Jose, Calif., instead of returning to the firm Quinn Emmanuel after a four-month deferral. "Here, I'm helping clients on a very basic level," he said. The New York Times tells you more about the trend
http://www.nytimes.com/2010/08/20/us/20defer.html?_r=3&th&emc=th

Read stories of pro bono heroes in this new issue
The summer edition of The Tennessee Volunteer Attorney is now available. Here's what you will find inside of it: Details of the legal services that the bar quickly mobilized in response to the devastating floods; stories of pro bono lawyers and their work in the communities they serve; information about the recipients of West Tennessee Legal Services' Law Day Awards; and an account of huge amounts of pro bono work provided to the Tennessee Justice Center's clients by two large, national law firms.

Download the Tennessee Volunteer Attorney
www.tba.org/VolunteerAtty_0810.pdf

Tenn. lawyers give nearly 300,000 hours, report shows
Tennessee lawyers volunteered nearly 300,000 hours of service last year, according to a report released today from the Tennessee Board of Professional Responsibility. In the first year of voluntary reporting of pro bono information, 3,698 Tennessee lawyers " about 18 percent of all who are licensed in the state " reported that they had performed some type of voluntary service, BPR Chief Disciplinary Counsel Nancy Jones said. Additionally, about 30 percent of these lawyers reported that they contributed financial support to organizations that provide legal services to clients with limited means. Having this benchmark reporting data is one way the court and the bar will evaluate if steps being taken to eliminate barriers to pro bono service are having a significant impact.

Read the full BPR report
http://www.tba2.org/probono_reporting_082510.pdf

Suffrage anniversary a good day to talk about civics
Women's Equality Day is being celebrated across the country today, but do you know what Tennessee's role was in its establishment? Don't feel bad if you don't know the answer because you aren't alone. In an effort to focus the youth of our state on Tennessee's legal system and history, TBA President Sam Elliott, along with the TBA Public Education Committee, will soon launch a YouTube Video Contest titled "Tennessee's Unique History of Law and Liberty." Students will be challenged to produce a three-minute video that tells the story of an event, circumstance, person or law that has played an important role in Tennessee's history. The contest is open to young people in grades 6-12, and students will compete for cash prizes as well as an opportunity to show their videos to leaders of the state's legal community. Check out the TBA website for more information and you might just learn the answer to the question posed above!

Learn more about the TBA YouTube Video Contest
https://www.tba.org/2010videocontest/

Legal hotline helps over 500
A free legal assistance hotline " established in the wake of last May's massive flooding across the state " has provided legal services to more than 500 Tennesseans. More than 200 lawyers have volunteered to work on the cases. In addition, those affected by the disaster continue to seek help with 10 to 15 calls being logged each week on the hotline. Data shows that calls have come from more than half of the counties declared federal disaster areas, with the greatest number " 345 " coming from Davidson County. Other high-volume counties have been Giles with 57 calls and Shelby with 42 calls. The hotline will remain active so long as there is a need. Read more and see a breakdown of calls by topic and by county
https://www.tba.org/pressroom/releases_2010/flood_hotline_update.html

Law tops list of professions with growth in hiring
According to Monster.com, there are strong signs of employment growth in the online job market with hiring up 21 percent over last year. The company's employment index also indicates the eight professions in which employers are hiring " using online ads " at the fastest rate. Topping the list at number one is the legal profession, including attorneys, legal assistants and secretaries. Monster suggests this is a good sign for the economy as whole as corporations usually cut back on legal staff in a recession. News Channel 5 reports
http://www.newschannel5.com/Global/story.asp?S=12977684

Shelby Co. Juvenile Court to celebrate centennial
The Juvenile Court of Memphis and Shelby County will observe its 100th anniversary Sept. 30 through Oct. 2. The court " considered to be the third oldest juvenile court in the nation behind Chicago (1899) and Denver (cir. 1905) " will celebrate with a reception, seminars, tours, a 5K race and picnic. Chief Justice Connie Clark and Justice Janice Holder are scheduled to participate in the formal observance Sept. 30.

See the schedule at http://www.victorianvillageinc.org/

Court adopts new pro bono rule for non-active lawyers
The Tennessee Supreme Court adopted Rule 50A in September establishing a Pro Bono Emeritus Attorney Program to allow lawyers who no longer actively practice law to provide free legal services through approved legal assistance organizations. The rule, designed to increase access to justice for needy individuals in the state, lays out qualifications for participation, a certification process for both lawyers and organizations seeking to participate, and responsibilities of attorneys who are certified. The rule was proposed by the Tennessee Access to Justice Commission and supported by the TBA. Its language is drawn from a number of similar rules that have been adopted in other U.S. jurisdictions. The rule takes effect Jan. 1, 2011. For more information about the new program or to learn about opportunities for volunteering, please contact TBA Access to Justice Coordinator Sarah Hayman at shayman@tnbar.org or (615) 383-7421.

Download a copy of the new rule
http://www.tba2.org/scrule50_093010.pdf

Firm has new recruiting plan
A Nashville-based firm has a novel plan for recruiting new lawyers: an intensive, practice-specific apprenticeship program called Schola2Juris. Waller Lansden Dortch & Davis PLLC will unveil this "new pathway for hiring entry-level associates" to 2L students at the UT College of Law on Sept. 13. "Rather than anticipating our hiring needs almost two years in advance, this program will enable the firm to assess its actual needs by practice area and focus its energies and resources on students whose skills and interests align with those needs," Kathleen Pearson, director of professional recruiting, explained. Learn more from The Informant http://www.law.utk.edu/publications/informant.shtml

Judges wary of Facebook, survey shows
A survey conducted by the Conference of Court Public Information Officers recently found that although judges might want to use social media such as Facebook, they doubt that that they could use the new media tools in their professional lives without violating judicial ethics codes. Forty percent of the judges who responded to the survey said they use social media sites. Most of those use Facebook and most are judges who stand for election. Fewer than 9 percent of non-elected judges use social media sites, the survey indicated. Some elected judges have used the sites to interact with voters, but most use them the same way other adults do, namely "to connect with their grandkids." The National Law Journal has details
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202471398982&src&slreturn=1&hbxlogin=1
  
Procedural, evidence rules amendments published
A proposal to permit declarations under penalty of perjury in lieu of sworn affidavits and a provision addressing the treatment of orders which preserve certified questions of law following a criminal plea agreement " both proposals made by the Tennessee Bar Association " are among more than a dozen amendments to the Rules of Appellate, Civil and Criminal procedure and Rules of Evidence published today by the Tennessee Supreme Court. The court invites public comment on the proposals through Nov. 19. Various sections of the TBA will review the amendments for consideration of filing any comments.

Some of the changes proposed by the court's Advisory Commission include:

• Incorporating the statutory definition of "legal holiday" into the Appellate, Civil and Criminal procedure rules.
• Amending TRCP 3 and 4 to permit plaintiffs to intentionally delay service of a summons for up to 30 days following the filing of a complaint. After 30 days from the filing of a complaint, a good faith effort to effect service would be required. The rule expressly would provide that intentionally delaying service for more than 30 days from the original filing of the complaint would be ineffective for purposes of tolling the statute.
• Adding a new provision to TRCP 26 requiring that a party who calls an expert witness disclose the witness's qualifications, cases in which the witness has testified, and a statement of compensation paid for the testimony.
• Amending TRCP 45 to require motions to quash a subpoena be made within 14 days after the subpoena is served or before the time specified in the subpoena for compliance.
• Adding a new TRCP 72, proposed in response to a TBA recommendation, that would permit statements signed with "I declare (or certify, verify or state) under penalty of perjury that the foregoing is true and correct" to be filed in lieu of an affidavit or sworn declaration.
• Adding a new subdivision (b)(J) to Tennessee Rule of Criminal Procedure 11 setting forth a requirement that as part of a plea agreement a defendant must be advised of the effect a plea would have on his immigration or naturalization status. This provision comes as a result of the U.S. Supreme Court's decision in Padilla v. Kentucky.
• Amending Rule of Evidence 611 to permit a lawyer to ask leading questions when calling a witness "who is identified with an adverse party." This is the only change to the Rules of Evidence.

Download a complete copy of the proposed amendments http://www.tba2.org/tbatoday/news/2010/scamendments_090810.pdf

Tennessee Supreme Court

With more than 300 family, friends, judges, lawyers and public officials looking on, Justice Cornelia A. "Connie" Clark became chief justice of the Tennessee Supreme Court on Sept. 1. The ceremony was held in the Historic Williamson County Courthouse, which was being renovated, but reopened early especially for the occasion. It was the site of Clark's first appearance as a lawyer and where she presided as a trial judge for 10 years. The ceremony featured remarks from judges representing every judicial and clerk's organization in the judicial branch. In her remarks, Clark said that she was borrowing the theme from the recent juvenile and family court judges conference: Different Courts, Different People, One Purpose.

Clark is the second woman to be chief justice, following Justice Janice Holder, who swore her in.  

The Tennessee Supreme Court adopted Rule 50A in September establishing a Pro Bono Emeritus Attorney Program to allow lawyers who no longer actively practice law to provide free legal services through approved legal assistance organizations. The rule, designed to increase access to justice for needy individuals in the state, lays out qualifications for participation, a certification process for both lawyers and organizations seeking to participate, and responsibilities of attorneys who are certified.

The rule was proposed by the Tennessee Access to Justice Commission and supported by the Tennessee Bar Association. Its language is drawn from similar rules that have been adopted in other U.S. jurisdictions, and rule takes effect Jan. 1, 2011.

For more information about the new program or to learn about opportunities for volunteering, contact TBA Access to Justice Coordinator Sarah Hayman at shayman@tnbar.org or (615) 383-7421. Download a copy of the new rule through tba.org/journal_links

Tennessee lawyers give nearly 300,000 hours, report shows
Tennessee lawyers volunteered nearly 300,000 hours of service last year, according to a report released from the Tennessee Board of Professional Responsibility. In the first year of voluntary reporting of pro bono information, 3,698 Tennessee lawyers " about 18 percent of all who are licensed in the state " reported that they had performed some type of voluntary service, BPR Chief Disciplinary Counsel Nancy Jones said.
Additionally, about 30 percent of these lawyers reported that they contributed financial support to organizations that provide legal services to clients with limited means. Having this benchmark reporting data is one way the court and the bar will evaluate if steps being taken to eliminate barriers to pro bono service are having a significant impact. Read the full BPR report through tba.org/journal_links

Legal hotline helps 500 +
A free legal assistance hotline " established in the wake of last May's massive flooding across the state " has provided legal services to more than 500 Tennesseans. More than 200 lawyers have volunteered to work on the cases. In addition, those affected by the disaster continue to seek help, with 10 to 15 calls being logged each week on the hotline. Data shows that calls have come from more than half of the counties declared federal disaster areas, with the greatest number " 345 " coming from Davidson County. Other high-volume counties have been Giles with 57 calls and Shelby with 42 calls. The hotline will remain active as long as there is a need. Read more and see a breakdown of calls by topic and by county through tba.org/journal_links

IOLTA revenues up following rule changes
Monthly Interest On Lawyer Trust Accounts (IOLTA) income is up, and more banks are participating in the program, following the adoption of new Supreme Court rules governing it. The Tennessee Bar Foundation, which administers the IOLTA program in Tennessee, reports in its latest newsletter that monthly income more than doubled from September 2009 to June 2010. In addition, 30 more banks have started offering IOLTA accounts to their lawyer customers. The rule changes, recommended by the Tennessee Bar Association and other legal organizations across the state, require all client funds held by a lawyer for a short time, or that are small in amount, to be placed in special accounts, with the interest going to IOLTA. Money from the IOLTA program is distributed to organizations that provide direct legal services to the indigent, to organizations that seek to improve the administration of justice and to students, in the form of scholarships, at state-supported law schools.

Learn more about the IOLTA program at www.tnbarfoundation.org/iolta

New TBA committee examines foreclosure procedure
Amid the continuing wave of home loan defaults, foreclosure procedure in Tennessee is getting a fresh look by a special Tennessee Bar Association committee formed to examine the procedures employed when homeowners default on their loans and face foreclosure. Chaired by Chattanooga lawyer Hal North,   the committee is charged with examining what procedural changes could be made to reduce the cost of foreclosures, streamline the process and protect homeowners. The committee is composed of a balanced group of lawyers who represent banks, consumers, lenders and those who deal with bankruptcies. Get more details about the committee and its members at tba.org/journal_links

Pro bono heroes highlighted in 'Tennessee Volunteer Attorney'
In the latest issue of The Tennessee Volunteer Attorney you will find: Details of the legal services that the bar quickly mobilized in response to the devastating floods; stories of pro bono lawyers and their work in the communities they serve; information about the recipients of West Tennessee Legal Services' Law Day Awards; and an account of huge amounts of pro bono work provided to the Tennessee Justice Center's clients by two large, national law firms. Download the Tennessee Volunteer Attorney at www.tba.org/VolunteerAtty_0810.pdf

Law tops list of professions with growth in hiring
According to Monster.com, there are strong signs of employment growth in the online job market with hiring up 21 percent over last year. The company's employment index also indicates the eight professions in which employers are hiring " using online ads " at the fastest rate. Topping the list at number one is the legal profession, including attorneys, legal assistants and secretaries. Monster suggests this is a good sign for the economy as whole as corporations usually cut back on legal staff in a recession. News Channel 5 reported the story.

Firm has new recruiting plan
A Nashville-based firm has a novel plan for recruiting new lawyers: an intensive, practice-specific apprenticeship program called Schola2Juris. Waller Lansden Dortch & Davis PLLC unveiled this "new pathway for hiring entry-level associates" to 2L students at the UT College of Law this fall.

"Rather than anticipating our hiring needs almost two years in advance, this program will enable the firm to assess its actual needs by practice area and focus its energies and resources on students whose skills and interests align with those needs," Kathleen Pearson, director of professional recruiting at the firm, explained. Learn more from The Informant at www.law.utk.edu/publications/informant.shtml

Judges wary of Facebook, survey shows
A survey conducted by the Conference of Court Public Information Officers recently found that although judges might want to use social media such as Facebook, they doubt that that they could use the new media tools in their professional lives without violating judicial ethics codes. Forty percent of the judges who responded to the survey said they use social media sites. Most of those use Facebook and most are judges who stand for election. Fewer than 9 percent of non-elected judges use social media sites, the survey indicated. Some elected judges have used the sites to interact with voters, but most use them the same way other adults do, namely "to connect with their grandkids," The National Law Journal reported. Read a similar take on it in Bill Haltom's column.  

Tennessee lawyers this month are again joining their colleagues from across the country to provide free legal services to those in need and celebrate the good work performed by lawyers every day.

Following on the success of last year's Celebrate Pro Bono Month when more than 200 Tennessee lawyers assisted more than 400 clients on topics ranging from domestic violence protection to estate planning, lawyers are again stepping up to provide legal clinics, education programs, public presentations and other events.   Activities kick off with a Nashville legal clinic on Oct. 2 and continue throughout the month at cities and towns across the state. You can find a complete listing of programs and learn how to volunteer at www.tba.org/celebrateprobono/cpb_events.html

Celebrate Pro Bono Month is part of a national campaign launched last year by the American Bar Association. In Tennessee, Gov. Phil Bredesen has again recognized the good works of Tennessee attorneys in meeting the tremendous need for legal services in a proclamation declaring October as Celebrate Pro Bono Month in Tennessee. In this document, the governor commended Tennessee lawyers for providing more than $45 million worth of pro bono or free legal assistance last year, and noted that more than 500 victims of the devastating May floods were assisted with their disaster-related legal needs by volunteer Tennessee attorneys.

Of course, the need for legal assistance to the poor is not limited to problems following a natural disaster. Studies show that more than one million Tennesseans are unable to afford the legal services they need. "Despite funding for legal assistance provided by the Legal Services Corporation, the state of Tennessee, and private fundraising efforts," the governor wrote, "four out of five requests to legal aid are turned down due to lack of resources."

Tennessee lawyers can continue to help meet this need by volunteering to take part in Celebrate Pro Bono Month activities or by signing up with pro bono organizations across the state.

TBA recognized for service to profession and community

Two Tennessee Bar Association programs were named the best in the state today by the Tennessee Society of Association Executives. The TBA's Court Square CLE series was named the best coordinated series of seminars for its unique approach to delivering continuing legal education to lawyers in rural and small town settings. The series specifically was designed to reach underserved areas of the state and to offer lawyers an affordable and quality service. In addition, the TBA Young Lawyers Division's Wills for Heroes program was named the state's best volunteer recruitment effort. The award recognized the YLD's efforts in recruiting more than 350 volunteers to prepare wills and other end-of-life documents for first responders in the state. Throughout 2009, the YLD held 13 events across the state and served 471 first responders and their families.

Tennessee lawyers honored for access to justice efforts

Tennessee attorneys were recognized for their work in increasing access to legal services for the poor during the ABA Annual Meeting today in San Francisco. The award was presented to TBA President Sam Elliott and former presidents Gail Vaughn Ashworth and Buck Lewis in recognition of the TBA's 4ALL Campaign that focused on education, collaboration, participation and legislation to increase access to legal services for poor Tennesseans. See photos from the awards luncheon on TBAConnect.

http://www.tbaconnect.org/

TBA YLD recognized for public and member services

The Tennessee Bar Association Young Lawyers Division was awarded the American Bar Association YLD's top awards for a public service project and member publication on Saturday in San Francisco. YLD President Tasha Blakney was in town for the ABA YLD's Annual Meeting and accepted the awards. In the public service category, the YLD was recognized for its efforts recruiting volunteer lawyers, providing training and organizing the delivery of legal services after flooding devastated Middle and West Tennessee in May. In the publication category, the YLD's quarterly newsletter, the Tennessee Young Lawyer, was recognized as the best bar publication among the group. See a photo of Blakney accepting the award on tbaconnect.org

http://www.tbaconnect.org/photo/album/show?id=3254696%3AAlbum%3A5913&xg_source=activity

Clark to be sworn in as chief justice Sept. 1

Justice Cornelia A. Clark will become the second woman in the state's history to serve as chief justice of the Tennessee Supreme Court when she is sworn into office at 10 a.m. on Sept. 1 at the historic courthouse in Franklin. Chief Justice Janice Holder will administer the oath of office to Clark, who was elected by the court to serve a two-year term as chief justice.

Kagan will change more things about court than you think

Conventional wisdom says if a third woman, Elena Kagan, joins the Supreme Court, that it won't change anything because Kagan's moderate liberal philosophy is unlikely to deviate often from that of the justice she will replace, John Paul Stevens. But columnist David Broder suspects, based on what he witnessed when more women joined his newsroom, that "Kagan's joining Justices Ruth Bader Ginsburg and Sonia Sotomayor on the bench will change the high court in ways that no one foresees." The women who came onto the political beat, Broder writes, asked candidates questions that would not have occurred to male reporters, and they saw the candidates' lives whole, while the men were much more likely to deal only with the official part of it. "They changed the culture of the newspaper business and altered the way everyone, male or female, did the work." Read his column in The Washington Post

http://www.washingtonpost.com/wp-dyn/content/article/2010/07/21/AR2010072104065.html?nav=rss_nation/special

Roberts' Court: Conservative and likely to stay that way

Chief Justice John G. Roberts Jr., having presided over five terms on the U.S. Supreme Court, has overseen the court reach a conservative result 65 percent of the time. If the Roberts court continues on the course suggested by its first five years, "it is likely to allow a greater role for religion in public life, to permit more participation by unions and corporations in elections and to elaborate further on the scope of the Second Amendment's right to bear arms," an analytical report from The New York Times says. "Abortion rights are likely to be curtailed, as are affirmative action and protections for people accused of crimes."

Read The New York Times' analysis

http://www.nytimes.com/2010/07/25/us/25roberts.html?_r=3&src=me&ref=us

Lexis Nexis will correct error

The recent publication of the Tennessee Court Rules Annotated, published by Lexis Nexis, contains an error in the Tennessee Rule of Civil Procedure 26.02. This section, as published, contains a significant editorial error suggesting that insurance agreements are now discoverable. The Administrative Office of the Courts reports that Lexis Nexis has agreed to correct the error in the online version of the Tennessee Rules of Civil Procedure, send out an errata page for the published version of the Court Rules, and also call all customers who have ordered copies of the printed publication. The AOC has more

http://www.tncourts.gov/#LexNexErr

Who is your favorite fictional lawyer of all time? (besides Atticus)

Who are the Top 25 fictional lawyers of film, television and literature? Read this list from the ABA Journal, then vote for your favorite. Be forewarned that in this survey of literary lawyers, they dated the group by the great Atticus Finch divide: ante-Atticus and post-Atticus. Read the list and vote

http://www.abajournal.com/news/article/the_25_greatest_fictional_lawyers/

20 years of the ADA: How is it working?

It's been 20 years since the Americans with Disabilities Act became law. Is it working? Former Attorney General Richard Thornburgh says it's not enough. CNN reports

http://www.cnn.com/video/#/video/us/2010/07/25/pkg.ada.20.years.later.cnn?iref=allsearch

Nonprofits get more time, IRS announces

Organizations at risk of losing their tax-exempt status because they failed to file required returns for 2007, 2008 and 2009 can preserve that status by filing returns by Oct. 15, the Internal Revenue Service announced today. The IRS has posted the names and last-known addresses of these at-risk organizations, which includes more than 9,300 Tennessee firms. Learn more, and find the list, from the Nashville Business Journal

http://nashville.bizjournals.com/nashville/stories/2010/07/26/daily3.html

Video conferencing coming soon to Davidson Criminal courts

Attorneys with criminal cases pending before Davidson County courts will be able to communicate with their clients through video conferencing at any Tennessee Department of Corrections site beginning Aug. 2, the Nashville Bar Association reports. Contact Ted Wallace with Davidson County Trial Courts at 880-2558 or 880-1433 to set up a conference.

Congress approves foreclosure legal assistance program

The U.S. Congress has authorized, and the president has signed, a $35 million grant program aimed at providing legal help to low- and moderate-income Americans facing the loss of their home due to foreclosure. The program, which still must be funded, would award funds on a competitive basis to state and local legal organizations. Language creating the program was included in the newly enacted financial reform bill. The news was announced by the Legal Services Corporation.

ABA group calls law school rankings 'not entirely benign'

A special committee of the American Bar Association (ABA) Section on Legal Education and Admissions to the Bar issued a report in July on the controversial U.S. News & World Report law school rankings. The committee -- which included 6th Circuit Judge Martha Craig "Cissy" Daughtrey and former Vanderbilt Law School Dean Kent Syverud -- calls the rankings "not entirely benign" and points to three negative effects: punishing schools that provide quality education at a low cost, encouraging schools to give financial aid based on test scores rather than need, and downplaying the importance of diversity. However, the council concludes that "for better or worse" the "rankings will continue for the foreseeable future to dominate public perceptions of how law schools compare, and...there is relatively little that leaders in legal education can do to change that..."

Read more from the ABA Journal

http://www.abajournal.com/news/article/aba_group_us_news_law_school_rankings_not_entirely_benign_but_were_stuck_wi

A life ... and death ... appointment

Eight U.S. Supreme Court justices rest together " one justice short of a full court -- in one section of Arlington National Cemetery. In all, 12 justices are buried at Arlington, and another 18 lie at nearby cemeteries. "The court always had a sense of collegial togetherness," said David N. Atkinson, a professor at the University of Missouri-Kansas City who has studied and written about the justices' last days. Read more about this from the Associated Press

http://hosted.ap.org/dynamic/stories/U/US_JUSTICES_REST_IN_PEACE_VAOL-?SITE=VABRM&SECTION=US&TEMPLATE=DEFAULT

LSC issues annual report

The Legal Services Corporation has released its 2009 annual report, which provides statistical data on services provided to the nation's legal aid programs and local clients. According to the report, LSC provided $365.8 million in grants to 136 legal aid programs, which in turn closed 920,447 cases. The analysis also focuses on the unique needs that surfaced in 2009 as a result of high unemployment and a weak economy. The report finds that unemployment compensation cases grew by 63 percent, food stamp cases increased by 37 percent and LSC programs closed more than twice as many foreclosure cases as they did in 2008. Download the report

http://www.lsc.gov/pdfs/annual_report_2009_35_years_as_americas_partner_for_equal_justice.pdf

Association Accolades

It's been a good summer for the Tennessee Bar Association, as recognition for good work keeps piling up. Statewide and nationally, the TBA and its Young Lawyers Division have been honored for continuing legal education and several public service programs.

TSAE

Two Tennessee Bar Association programs were named the best in the state by the Tennessee Society of Association Executives (TSAE). The TBA's Court Square CLE series was named the best coordinated series of seminars for its unique approach to delivering continuing legal education to lawyers in rural and small town settings. The series specifically was designed to reach underserved areas of the state and to offer lawyers an affordable and quality service.

This year's programs will reach 10 cities: Cleveland, Columbia, Manchester, Dyersburg, Cookeville, Jackson, Johnson City, Dickson, Kingsport and Murfreesboro. Registration information is available at www.tennbaru.com.

The TBA Young Lawyers Division's Wills for Heroes program was named the state's best volunteer recruitment effort. The award recognized the YLD's efforts in recruiting more than 350 volunteers to prepare wills and other end-of-life documents for first responders in the state. Throughout 2009, the YLD held 13 events across the state and served 471 first responders and their families.

ABA

Tennessee attorneys were recognized for their work in increasing access to legal services for the poor during the ABA Annual Meeting in August. The award was presented to TBA President Sam Elliott and former presidents Gail Vaughn Ashworth and Buck Lewis in recognition of the TBA's 4ALL Campaign that focused on education, collaboration, participation and legislation to increase access to legal services for poor Tennesseans. The award was given by the ABA Standing Committee on Legal Aid and Indigent Defendants.

ABA YLD

The Tennessee Bar Association Young Lawyers Division was awarded the American Bar Association YLD's top awards for a public service project and member publication during the national association's annual meeting in San Francisco. TBA YLD President Tasha Blakney accepted the awards. In the public service category, the YLD was recognized for its efforts recruiting volunteer lawyers, providing training and organizing the delivery of legal services after flooding devastated Middle and West Tennessee in May.

In the publication category, the YLD's quarterly newsletter, the Tennessee Young Lawyer, was recognized as the best bar publication among the group.

Briefs

Clark to be chief justice

Justice Cornelia A. Clark becomes the second woman in the state's history to serve as chief justice of the Tennessee Supreme Court when she is sworn into office Sept. 1 at the historic courthouse in Franklin. Chief Justice Janice Holder was to administer the oath of office to Clark, who was elected by the court to serve a two-year term as chief justice.

Lexis Nexis will correct error

The recent publication of the Tennessee Court Rules Annotated, published by Lexis Nexis, that contains an error in the Tennessee Rule of Civil Procedure 26.02, will be corrected, the company announced. This section, as published, contains a significant editorial error suggesting that insurance agreements are now discoverable. The Administrative Office of the Courts reports that Lexis Nexis has agreed to correct the error in the online version of the Tennessee Rules of Civil Procedure, send out an errata page for the published version of the Court Rules, and also call all customers who have ordered copies of the printed publication.

Favorite fictional lawyer of all time ... besides Atticus

Who are the Top 25 fictional lawyers of film, television and literature? Read this list from the ABA Journal, then vote for your favorite. Be forewarned that in this survey of literary lawyers, they dated the group by the great Atticus Finch
divide: ante-Atticus and post-Atticus. Access the list through tba.org/journal_links.

Congress approves foreclosure legal assistance program

The U.S. Congress has authorized, and the president has signed, a $35 million grant program aimed at providing legal help to low- and moderate-income Americans facing the loss of their home due to foreclosure. The program, which still must be funded, would award funds on a competitive basis to state and local legal organizations. Language creating the program was included in the newly enacted financial reform bill. The news was announced by the Legal Services Corporation.

ABA group calls law school rankings 'not entirely benign'

A special committee of the American Bar Association (ABA) Section on Legal Education and Admissions to the Bar issued a report in July on the controversial U.S. News & World Report law school rankings. The committee " which included 6th Circuit Judge Martha Craig "Cissy" Daughtrey and former Vanderbilt Law School Dean Kent Syverud " calls the rankings "not entirely benign" and points to three negative effects: punishing schools that provide quality education at a low cost, encouraging schools to give financial aid based on test scores rather than need, and downplaying the importance of diversity. However, the council concludes that "for better or worse" the "rankings will continue for the foreseeable future to dominate public perceptions of how law schools compare, and...there is relatively little that leaders in legal education can do to change that." Read more from the ABA Journal at tba.org/journal_links.

A life ... and death ... appointment

Eight U.S. Supreme Court justices rest together " one justice short of a full court " in one section of Arlington National Cemetery. In all, 12 justices are buried at Arlington, and another 18 lie at nearby cemeteries. "The court always had a sense of collegial togetherness," said David N. Atkinson, a professor at the University of Missouri-Kansas City who has studied and written about the justices' last days. Read more about this from the Associated Press at tba.org/journal_links.

LSC issues annual report

The Legal Services Corporation has released its 2009 annual report, which provides statistical data on services provided to the nation's legal aid programs and local clients. According to the report, LSC provided $365.8 million in grants to 136 legal aid programs, which in turn closed 920,447 cases. The analysis also focuses on the unique needs that surfaced in 2009 as a result of high unemployment and a weak economy. The report finds that unemployment compensation cases grew by 63 percent, food stamp cases increased by 37 percent and LSC programs closed more than twice as many foreclosure cases as they did in 2008.
  

Court's access to justice plans include forms, summit

The Tennessee Supreme Court today unveiled plans to bring greater access to the state's justice system by removing barriers, making the system more user-friendly, providing education and involving more lawyers and law students in closing the state's growing civil legal needs gap. Central among projects announced today was a pro bono summit in January 2011 and development of "downloadable plain-language forms" that would be approved by the Supreme Court. After attending the announcement, TBA President Sam Elliott said he was "impressed by the court's commitment to access to justice" and that the TBA would be actively supporting January's Pro Bono Summit.

A number of resources are available to learn more about the court's plans. You can download the court's media release, remarks that Chief Justice Janice Holder made in announcing the plans, or comments from Access to Justice Commission Chair Margaret Behm. You can also view an interview with Justice Holder and Behm conducted by TBA Access to Justice Committee Chair David Esquivel or an access to justice promotional video produced by the court.

http://www.tba2.org/tbatoday/2010/TBAtoday06-22-2010.htm

Informing voters is goal of video ad

The Tennessee Bar Association has released its first web ad, which highlights the importance of not leaving judicial elections to chance and shows ways to become an informed voter. The ad provides links to TBA's Judicial Election Center, which includes a copy of the Judicial Performance Evaluation Commission's evaluation for two candidates up for retention election -- Justice Sharon Lee and Judge John McClarty. Lee and McClarty are both recommended to "retain." (The new parlance on the judicial retention election ballot is "retain" or "replace," rather than the former "yes/no.") The website also gives voters information about judging judges and provides a link to a page showing those judges who have adopted the campaign code of conduct.

Early voting for the judicial races, which always take place at the August general election, begins July 16.

http://www.youtube.com/watch?v=yfHRyL4-P4E
https://www.tba.org/judicialcampaign/

ABA releases diversity report and recommendations

A new report from the American Bar Association lays out proposals to advance diversity in the legal profession. The report, "Diversity in the Legal Profession: Next Steps," is the result of a two-year study by the Commission on Diversity. The report contains recommendations for law schools, firms, bar associations and government bodies interested in increasing diversity. The commission is asking organizations to submit information on how they plan to implement " or already are implementing " any of the proposals in the report. Responses will be posted on the association's Next Steps web page.

http://new.abanet.org/centers/diversity/Pages/presidentialdiversityinitiative.aspx

Download the report here
http://new.abanet.org/Diversity_Summary_Report.pdf

Facebook page tracks disaster legal services

Interested in keeping up with disaster legal services in Tennessee? The Tennessee Alliance for Legal Services has set up a Facebook page that has regular posts and updates on developments. Check out the Facebook page now
http://www.facebook.com/group.php?gid=124460097587039#!/group.php?gid=124460097587039

New site pairs nonprofits with pro bono lawyers

The Thomson Reuters Foundation this week launched TrustLaw Connect, a global service that connects organizations in need of free legal assistance with those able to provide it. Through the site's online marketplace, social entrepreneurs, NGOs and government agencies will be able to access pro bono legal support from lawyers anywhere in the world. Over 190 organizations and 60 law firms have joined the effort so far. In addition, the service aims to become an international hub on anti-corruption and governance issues by offering a database of related legislation, law review articles, news, country profiles and international conventions. Learn more on FinChannel.com

http://www.trust.org/trustlaw/connect/

Lawyers protected from new financial rules

In a victory for efforts of the organized bar including the ABA, TBA and more than 12 other state organizations, the final version of the financial regulatory reform bill agreed to in June by the House-Senate Conference Committee exempts most law practice from the reach of the Consumer Financial Protection Bureau. Some versions of the bill could have subjected every lawyer holding funds for a client to the regulatory provisions of the act. The bar argued forcefully that there was no evidence of a problem with trust accounting that state regulatory entities like our own BPR were not capable of addressing. The "Exclusion for Practice of Law" section specifically states that the new Consumer Financial Protection Bureau will have no enforcement or supervisory authority over lawyers engaged in the practice of law who are in an attorney-client relationship with consumer clients.

Missed the TBA's 2010 Convention?

Video footage of the Lawyers Luncheon and the Governor's Luncheon held during the recent Tennessee Bar Association Annual Convention are available for viewing online. The Lawyers Luncheon video features award winners for the year, remarks by Nashville Mayor Karl Dean, and the swearing-in of new TBA President Sam Elliott. The Governor's Luncheon video features a keynote address by Tennessee Gov. Phil Bredesen, who talked about the budget process, praised the state's judicial selection system and took questions from the audience.
http://www.tba2.org/tbatoday/2010/TBAtoday07-02-2010.htm
  
http://tba1.tnmedia.org/mediasite/Viewer/?peid=7413389cdf4e420eb5b8ff04ee2c3544

http://tba1.tnmedia.org/mediasite/Viewer/?peid=41bd862270174ec7bf93e15fb8ad3371

Memphis schools adding Youth Court to deal with violence

Fighting last school year at some Memphis City Schools led officials to look for ways to combat the trend. Introducing Youth Court to the system is one of them. The new court will be housed at Juvenile Court, where trained students will decide punishment for their peers in minor cases. Watch the story on WREG

Tennessee Supreme Court

The Tennessee Supreme Court unveiled plans in July to bring greater access to the state's justice system by removing barriers, making the system more user-friendly, providing education and involving more lawyers and law students in closing the state's growing civil legal needs gap. Central among projects announced was a pro bono summit to be held in January 2011 and development of "downloadable plain-language forms" that would be approved by the Supreme Court.

After attending the announcement, TBA President Sam Elliott said he was "impressed by the court's commitment to access to justice" and that the TBA would be actively supporting January's Pro Bono Summit.

A number of resources are available to learn more about the court's plans. You can download the court's media release, remarks that Chief Justice Janice Holder made in announcing the plans, or comments from Access to Justice Commission Chair Margaret Behm. You can also view an interview with Justice Holder and Behm conducted by TBA Access to Justice Committee Chair David Esquivel or an access to justice promotional video produced by the court.

Find all these resources through tba.org/journal_links.  

Briefs

New T.C.A. volume has error about insurance agreements
The new Volume 1 of Tennessee Court Rules Annotated, published by Lexis Nexis " arriving in law offices in July as part of the Tenn. Code Ann. subscription " contains a significant editorial error suggesting that insurance agreements are now discoverable under TRCP 26.02(2). This is not correct. The proposed amendment to make insurance discoverable was subject to separate approval resolutions (SR177, HR234), which were not adopted by the General Assembly. Under Tenn. Code Ann. Section 16-3-404, proposed rules shall not take effect until approved by resolutions of both houses.

Video ad informs voters  
The Tennessee Bar Association released its first Web ad this summer, which highlights the importance of not leaving judicial elections to chance and shows ways to become an informed voter. The ad provides links to TBA's Judicial Election Center, which includes a copy of the Judicial Performance Evaluation Commission's evaluation for two candidates up for retention election " Justice Sharon Lee and Judge John McClarty. Lee and McClarty are both recommended to "retain." (The new parlance on the judicial retention election ballot is "retain" or "replace," rather than the former "yes/no.") The website also gives voters information about judging judges and provides a link to a page showing those judges who have adopted the campaign code of conduct. Find these resources through tba.org/journal_links

ABA releases diversity report and recommendations
A recent report from the American Bar Association lays out proposals to advance diversity in the legal profession. The report, "Diversity in the Legal Profession: Next Steps," is the result of a two-year study by the Commission on Diversity. The report contains recommendations for law schools, firms, bar associations and government bodies interested in increasing diversity. The commission is asking organizations to submit information on how they plan to implement " or already are implementing " any of the proposals in the report. Responses will be posted on the association's Next Steps web page. Access the page and download the report through tba.org/journal_links

New site pairs nonprofits with pro bono lawyers
The Thomson Reuters Foundation recently launched TrustLaw Connect, a global service that connects organizations in need of free legal assistance with those able to provide it. Through the site's online marketplace, social entrepreneurs, NGOs and government agencies will be able to access pro bono legal support from lawyers anywhere in the world. More than 190 organizations and 60 law firms have joined the effort so far. In addition, the service aims to become an international hub on anti-corruption and governance issues by offering a database of related legislation, law review articles, news, country profiles and international conventions.

Learn more at www.trust.org/trustlaw/connect.

Missed the TBA's Convention?      
Video footage of the Lawyers Luncheon and the Governor's Luncheon held during the recent Tennessee Bar Association Annual Convention are available for viewing online. The Lawyers Luncheon video features award winners for the year, remarks by Nashville Mayor Karl Dean, and the swearing-in of new TBA President Sam Elliott. The Governor's Luncheon video features a keynote address by Tennessee Gov. Phil Bredesen, who talked about the budget process, praised the state's judicial selection system and took questions from the audience. Access the videos through tba.org/journal_links.

More than 400 to date helped by disaster legal services hotline
More than 400 flood victims to date have contacted the Disaster Legal Services Hotline for help. Tennessee Alliance for Legal Services (TALS) Executive Director Erik Cole reports that many callers have requested assistance with landlord/tenant issues, with insurance assistance being the second highest need. More than half of the callers are Davidson County residents, followed by those in Shelby and Rutherford counties.

To help lawyers offering assistance, the Tennessee Bar Association has developed a third free, one-hour webcast. This webcast features members of the Metro Recovery Team and will focus on the buyouts being offered to homeowners in the floodway and the flood plain. Learn more about the free webcast at https://www.tnbaru.com.

Also, TALS now has a Facebook page with updates on disaster-related developments. On Facebook, search for "Disaster Legal Services in Tennessee."  

Art, Essay Contests Honor the Law

The Tennessee Bar Association Young Lawyers Division announced the winners of the 2010 Tennessee Law Day Art and Essay Competitions. The theme of this year's contest, "Law in the 21st Century: Enduring Traditions, Emerging Challenges," was designed to spark students' thinking about how society can honor long-standing traditions in the law while addressing new issues and situations that might challenge "old ways" of doing things.

First place in the essay contest went to Matthew Street, a senior at First Assembly Christian School in Cordova, while the first place art award (seen here) went to Chihye Kim, a fifth grade student at Cedar Bluff Elementary in Knoxville. Jackson lawyer Paul Whitt served as this year's state Law Day Art and Essay Contest coordinator.

Read the winning essays and see all the art winners at www.tba.org/YLD/artessay_2010