Federal courts launch new web site, YouTube channel

The federal judiciary's web site, www.uscourts.gov, today unveils a host of enhancements, including an email delivery service, multimedia/video, podcasts, photos, YouTube Channel, widgets and a read-aloud service. "The site has been redesigned to make it more attractive, accessible, and useful to its diverse audience of users," according to the court. Also check out the new Federal Judiciary Channel, a joint initiative of the Administrative Office of the U.S. Courts and the Federal Judicial Center. Watch a YouTube video about the new channel, http://www.youtube.com/uscourts

Court solicits comments on CLE mentoring program

The Tennessee Commission on Continuing Legal Education and Specialization has petitioned the Supreme Court to allow up to 12 hours of CLE credit for serving as a mentor or mentee through a mentoring program it proposes to establish. The court issued an order this week asking for comments on the proposal by Aug. 13.

Download the order

Learn more about the proposal on the commission's web site http://cletn.wetpaint.com/

ABA offers nonprofit litigation resource

Attorneys who provide pro bono legal assistance to nonprofits can get free assistance from the Business and Corporate Litigation Committee of the ABA's Business Law Section. The committee has just released the 2010 edition of its "Annual Review of Developments in Business and Corporate Litigation," and it is making the chapter on nonprofit law and litigation available free to organizations and attorneys that provide pro bono legal assistance to nonprofits. Contact oconnora@staff.abanet.org for a copy of the chapter.

Administrative Office of the Courts

The Administrative Office of the Courts (AOC) has recently unveiled an effort to bring the state's indigent claims process online. The Indigent Claims Entry (ICE) system will significantly streamline the claims process by eliminating more than 90 percent of the 105,000 paper claims the AOC receives on an annual basis, according to the AOC.

The ICE system will allow appointed attorneys and interpreters to enter their claims online and receive payment via direct deposit. In addition to making the process easier for attorneys and interpreters, the ICE system will also allow attorneys and interpreters to get paid much quicker than they do today.

"Although our office has worked diligently to reduce the turnaround time for paying indigent claims, the paper process is incredibly inefficient," said AOC director Elizabeth Sykes. "We are thrilled to offer the ICE system as a simpler, greener alternative that will allow attorneys and interpreters to receive payment quicker and easier."

Prior to the official implementation, the ICE system was piloted in the 15th Judicial District, which includes Jackson, Macon, Smith, Trousdale and Wilson counties. The month-long pilot gave attorneys, interpreters and judges the opportunity to use the system and share their feedback with the AOC.

"The system is incredibly easy to use and I'm convinced that if I can use it, anyone can," said Criminal Court Judge David Durham, who participated in the pilot program.

"The major benefit to this new system is that it allows the AOC to process claims faster and get the money into the hands of the attorneys quicker," said Jack Bare, a solo practitioner in Carthage, Tenn., who participated in the pilot. "I also like that the system is user-friendly and saves me time by eliminating some of the steps that were required with the paper process."

"Filing and getting paid in a matter of days versus a matter of weeks makes a big difference," said David Kennedy, an attorney who participated in the pilot program. "With the new system, you save postage and paperwork on the front end and receive your money much quicker on the back end. That's a great thing."

On July 6, the AOC will begin its year-long rollout of the ICE system in the 17th Judicial District, which includes Marshall, Lincoln, Bedford and Moore counties. As part of the implementation effort, the AOC will offer training classes and materials to assist attorneys, interpreters and judges in learning the new system.  

More information about the ICE system, including a tentative rollout schedule, is available online at http://www.tncourts.gov.  

Federal courts launch new web site, YouTube channel
The federal judiciary's web site, www.uscourts.gov, now has an email delivery service, multimedia/video, podcasts, photos, YouTube Channel, widgets and a read-aloud service. Also check out the new Federal Judiciary Channel, a joint initiative of the Administrative Office of the U.S. Courts and the Federal Judicial Center. Watch a YouTube video about the new channel at www.youtube.com/uscourts

Court solicits comments on CLE mentoring program
The Tennessee Commission on Continuing Legal Education and Specialization has petitioned the Supreme Court to allow up to 12 hours of CLE credit for serving as a mentor or mentee through a mentoring program it proposes to establish. The court issued an order last month asking for comments on the proposal by Aug. 13. Learn more about the proposal at http://cletn.wetpaint.com/

Help with nonprofit litigation
Attorneys who provide pro bono legal assistance to nonprofits can get help from the Business and Corporate Litigation Committee of the ABA's Business Law Section. The committee has just released the 2010 edition of its Annual Review of Developments in Business and Corporate Litigation, and it is making the chapter on nonprofit law and litigation available free to organizations and attorneys that provide pro bono legal assistance to nonprofits. Contact oconnora@staff.abanet.org.

Tennessee Bar Association members were at the center of the state's legal and political worlds when they came together in Nashville June 2-5 for the 129th Annual Tennessee Bar Association Convention.

Highlighted by an address from Gov. Phil Bredesen, the gathering also featured all four major candidates hoping to replace him taking part in more than three hours of question-and-answer forums and informal campaigning. [See story and breakdown of positions on issues on page 14.] Also on the political front, attendees got an insider's perspective of the recent legislative session from lawyer lawmakers Sen. Doug Overbey (R-Maryville) and Sen. Mike Faulk (R-Kingsport).

The convention this year was held in conjunction with the Tennessee Lawyers Association for Women, the Tennessee Alliance for Black Lawyers and the Tennesse Asian Pacific American Bar Association.

When Sam D. Elliott of Chattanooga was installed as the TBA's new president, there was something missing, though. Outgoing President Gail Vaughn Ashworth, who normally would've passed the traditional gavel and TBA ring, had been hospitalized earlier that week and remained there into the next week. Her presence was felt, however, because of all she had done to prepare for the convention " and because a cardboard cut-out "Stand-Up Gail," attended many of the events.

At the annual meeting, Danny Van Horn of Memphis rose to the office of president-elect; Jackie Dixon of Nashville is the new vice president. Nashville lawyer David Changas was chosen to fill the Fifth District Board seat vacated by Dixon when she was elected TBA Vice President. Changas will hold the seat until the board's next annual election in the spring of 2011.

The TBA Young Lawyers Division held its annual election during the convention, electing Secretary Stacie Winkler of Memphis; Treasurer Marisa Combs of Nashville; District 10 Representative Garth Click of Springfield; and District 14 Representative Michael McLaren of Memphis. Other officers and board members were elected without opposition this past spring.

At the annual Lawyers Luncheon, honors were given, including recognition of Senior Counselors and awards.

Drowota Judicial Service Award

Davidson County Circuit Court Judge Barbara Haynes was honored with the association's Justice Frank F. Drowota III Outstanding Judicial Service Award. The award is given to a judge or judicial branch official of a federal, state or local court in Tennessee who has demonstrated extraordinary devotion and dedication to the improvement of the law, our legal system and the administration of justice as exemplified by the career of former Supreme Court Justice Frank F. Drowota III " the award's first recipient.

William M. Leech Jr. Public Service Award

Nashville mayor and lawyer Karl Dean was awarded the William M. Leech Jr. Public Service Award for his extraordinary service to the people of Nashville and Middle Tennessee in the wake of devastating flooding in May. In addition to the timely and organized provision of basic services to flood victims, the award recognized his commitment to the provision of pro bono legal services to those affected by the flooding.
The Leech award is given annually by the TBA Young Lawyers Division Fellows and is named for former Attorney General William M. Leech. The award honors a lawyer who has been of outstanding service to the profession, legal system and the community.

Justice Joseph W. Henry Award

Chattanooga lawyer S. Spencer Elg received the Justice Joseph W. Henry Award for the most outstanding article published in the Tennessee Bar Journal during the preceding year. He was recognized for his 2009 article, "Health Care Arbitration Agreements in Tennessee," which was published in the October 2009 issue of the magazine. He also won a cash prize of $500.

Elg practices law with Husch Blackwell Sanders LLP in Chattanooga. He is a 2009 graduate of the Wake Forest University School of Law and a 2006 summa cum laude graduate of the University of Memphis. This year the judges for this award were Chief Justice Janice Holder, Vanderbilt Law School Dean Chris Guthrie and TBA President Gail Vaughn Ashworth.

Presidents' Awards

Each year the TBA president designates certain individuals to be honored for their work during her year in office. This year, awards were given to the following lawyers:

• T. Maxfield Bahner, for his service as chair of the TBA's Task Force on Judicial Conduct Rules. Bahner is a partner with the Chattanooga firm of Chambliss, Bahner & Stophel PC.
• Steve Cobb, for his work furthering the legislative initiatives of the TBA as the association's legislative counsel. Cobb is a solo practioner in Nashville.
• Brian S. Faughnan, for service as chair of the TBA's Standing Committee on Ethics & Professional Responsibility. He serves with the firm of Adams and Reese in Memphis.
• Sarah Y. Sheppeard, for her service as reporter of the Task Force on Judicial Conduct Rules. She is partner with Sheppeard, Swanson & Mynatt PLC in Knoxville.  

 

Mid-state Under Water; Lawyers Galvanize to Help

The 'volunteer spirit' was never more evident than in West and Middle Tennessee in the days and weeks following the May 1-2 storms that dumped flood-level water on the state. The Tennessee Bar Association, the Tennessee Alliance for Legal Services (TALS), and many other organizations quickly became a clearinghouse for services, legal and otherwise, for attorneys needing help and information. In fact, TALS was flooded out of their offices and set up shop in the Tennessee Bar Center with the TBA for a while.

Lawyers volunteered at many disaster service centers, even as fellow lawyers were flooded out of their offices and closing their doors for days. A toll-free legal assistance line was established [(888) 395-9297] that allowed callers to be matched with Tennessee lawyers who had volunteered to provide free legal help.

A disaster services manual was also put up on the TBA Web site for lawyers to use in helping clients, and a free webcast, "Providing Pro Bono Legal Services After a Disaster," was aired less than two weeks after the flood. A second webcast followed: "FEMA: Facts, Forms and Follow-up." Both courses are now available for free viewing, with CLE credit, for the next year.

Take a look at the resources, which are still in use, at www.tba.org/volunteer.

---

Tweed Award goes to TBA for increasing legal services to poor
The Tennessee Bar Association will be honored with a major national award for helping bring legal services to the poor. The TBA will be the 2010 recipient of the Harrison Tweed Award, which is given jointly by the American Bar Association and the National Legal Aid and Defenders Association to honor "extraordinary achievements" in increasing access to civil legal services for the poor. The award will be presented at the ABA Annual Meeting in August. In selecting the TBA for the award, the judges cited Tennessee's 4ALL Campaign, https://www.tba.org/4all/ which included the 4/4 Pro Bono Public Service Day, as well as legal clinics and events held during October 2009's Celebrate Pro Bono Month. The work was launched under the leadership of TBA Immediate Past President Buck Lewis and was continued under the guidance of current TBA President Gail Vaughn Ashworth. To learn more about the award and the programs that won it at https://www.tba.org/cpb_2009/Lawyers stepping up to offer help

Court seeks comments on proposed fee hike
The Tennessee Supreme Court has solicited comments on a proposed rules amendment that would increase the hourly rate paid appointed counsel of indigent defendants. The Supreme Court order seeks comment on a petition to amend the Court's Rule 13 that was filed by the Tennessee Association of Criminal Defense Lawyers (TACDL). The deadline for submitting written comments is Dec. 31, 2010. Download the order and the Petition for Amendment at www.tba2.org/feepetition_050510.pdf

Honors awarded in environmental law writing competition
Nicholas C. Christiansen, a second-year student at The University of Memphis Cecil C. Humphreys School of Law, was awarded first place in the Tennessee Bar Association Environmental Law Section's 2010 Jon E. Hastings Memorial Award Writing Competition. His winning article, which will net him $800, is "Environmental Justice: Finding a Private Right of Action." Eliot D. Kerner, a third-year law student at the University of Tennessee College of Law, won second place and $400 for his article, "'Cooking' Up a Solution: Remediating Methamphetamine's Environmental Hazards in Tennessee."

'StopFraud.gov' new service
The new Financial Fraud Enforcement Task has launched StopFraud.gov, a one-stop shop for the American people to learn how to protect themselves from fraud and to report it wherever and however it occurs. It will also serve as a hub of information about the task force's work. Go to http://www.stopfraud.gov/

Judicial candidates sign campaign code of conduct
Most of the Tennessee judicial candidates standing for election this year have signed a campaign code aimed at preserving public faith in the integrity of the justice system. The Tennessee Bar Association also is making available judicial evaluation information about appellate court candidates and providing a guide to factors that voters should consider before casting a ballot in a retention election.

See the Tennessee Fair Judicial Campaign Code of Conduct and a list of candidates who have signed it at https://www.tba.org/judicialcampaign/

TBA recognized for advocacy on behalf of profession
In April, the American Bar Association recognized the Tennessee Bar Association for its effectiveness in lobbying Congress on behalf of issues of concern to the justice system. In presenting the ABA Day Grassroots Award, the national association specifically referenced TBA's work educating its congressional delegation on the need to improve and modernize funding for the Legal Services Corporation. The award was given in conjunction with ABA Day, a series of events in Washington, D.C. designed to bring together lawyers and lawmakers. TBA President Gail Vaughn Ashworth and Executive Director Allan F. Ramsaur accepted the award. See a picture and learn more http://www.abanow.org/2010/04/illinois-tennessee-bars-nationally-recognized-by-aba/

Vandy law students launch job, salary web site
Saying that law schools hide employment data in aggregate form, two Vanderbilt law students have created a web site where they plan to publish details about job and salary history for all ABA-accredited law schools. Patrick Lynch and Kyle McEntee want to use the Law School Transparency site to publicize where law school graduates end up working each year and how much value they receive from their degree.

Read more about the effort from the ABA Journal. http://www.abajournal.com/news/article/law_students_plan_website_to_publish_better_law_school_employment_stats

Visit the site http://www.lawschooltransparency.com/

Dig this: TBA volunteers plant 100+ trees
Tennessee Bar Association volunteers planted more than 100 trees in Chattanooga in celebration of Earth Day and Arbor Day in April. The trees " donated by the Tennessee Valley Authority " were planted at the Clifton Hills Elementary School. Additional plantings took place in Knoxville, Memphis and Nashville. Taking part in the Chattanooga planting project were: TBA President Gail Vaughn Ashworth, TBA President-elect Sam Elliott, TBA Environmental Law Section Chair David Higney, Chattanooga attorneys John Grant, Alicia Oliver, Yousef Hamaden, Jason Isaacson, Katie Giannasi, Chris Varner and Bobby Dan and TBA staffers Angie Bianchi and Britt Simonson.

See photos from the event on TBAConnect http://www.tbaconnect.org/

Some nonprofits' tax breaks to end May 15
At midnight on May 15, an estimated one-fifth to one-quarter of some 1.6 million charities, trade associations and membership groups lost their tax exemptions, thanks to a provision buried in the Pension Protection Act of 2006. An Internal Revenue Service spokeswoman said that while groups would lose their exemptions effective May 16, the IRS would probably not send out notices until next January, to give nonprofits a chance to bring themselves into compliance with the law. Learn more from The New York Times http://www.nytimes.com/2010/04/23/us/23exempt.html?scp=10&sq=non-profit&st=cse

Teens visit legislators to promote Youth Courts
Twenty-five Wilson County high school students who participate in the state Youth Court Program came to Nashville this spring for the fourth annual Youth Court Day on the Hill. The teens started the day at the Tennessee Bar Center with a training session and a presentation by Assistant Attorney General Gregory Nies. From there they visited the state capitol to meet with legislators. Read more about this year's Youth Court Day on the Hill https://www.tba.org/pressroom/releases_2010/youthcourtdayonhill.html

New database gives stats on trial judges
The Tennessee court system has a database of trial judge statistics on its Web site. While the courts have long shared filing and disposition data by judicial district, this is the first time the court system has published statistical information by individual judges. This statistical database allows Web site visitors to see the number of cases disposed or appealed by individual judge or by judicial district during the 2008-09 fiscal year. The database provides the docket numbers for the cases that have been appealed, and also offers a link to the site's searchable opinion database, allowing visitors to easily see the appellate court opinions that have been filed for those cases. Access the Trial Judge Case Statistics database at http://www.tncourts.gov/JudgeStats/

'Capital Case Handbook' revised, given to state's PDs University of Tennessee law professor Penny White authored the book, Tennessee Capital Case Handbook, a revision of a 1992 edition, and several members of the law school community were involved in its publication. The handbook is an 800-page, 24-chapter guide for capital defense lawyers and will be provided to every public defender in Tennessee. Read more about it at http://www.law.utk.edu/publications/5-4-10.shtml

How to best choose judges examined on O'Connor site
A new Web site devoted to information and news about the escalating national debate over the best way to select judges is available from an initiative spearheaded by retired Justice Sandra Day O'Connor. Called the O'Connor Judicial Selection Initiative, it seeks to boost state-level efforts to end the practice of electing judges. Check out the web site here
http://www.du.edu/legalinstitute/judicial_selection.html?utm_source=BenchmarkEmail&utm_campaign=Judicial%20Selection%20Site%20Launch&utm_medium=email

Attorneys may pay professional tax online
With the June 1 professional privilege tax-filing deadline approaching, the Department of Revenue is reminding professional groups about the convenience of filing online. With the department's e-filing application, professional privilege taxes can be filed in minutes, and a new feature allows companies to file returns on behalf of multiple employees and make a single payment. Payments can be made via credit card or EFT transactions through checking accounts at the department's web site, http://www.tn.gov/revenue/

The Flood and How We Responded

The 'volunteer spirit' was never more evident than in West and Middle Tennessee in the days and weeks following the May 1-2 storms that dumped flood-level water on the state. The Tennessee Bar Association, the Tennessee Alliance for Legal Services (TALS), and many other organizations quickly became a clearinghouse for services, legal and otherwise, for attorneys needing help and information. In fact, TALS was flooded out of their offices and set up shop in the Tennessee Bar Center with the TBA for a while.

Lawyers volunteered at many disaster service centers, even as fellow lawyers were flooded out of their offices and closing their doors for days. A toll-free legal assistance line was established [(888) 395-9297] that allowed callers to be matched with Tennessee lawyers who had volunteered to provide free legal help.

A disaster services manual was also put up on the TBA Web site for lawyers to use in helping clients, and a free webcast, "Providing Pro Bono Legal Services After a Disaster," was aired less than two weeks after the flood. A second webcast followed: "FEMA: Facts, Forms and Follow-up." Both courses are now available for free viewing, with CLE credit, for the next year.

Take a look at the resources, which are still in use, at www.tba.org/volunteer.

Briefs

Tweed Award goes to TBA for increasing legal services to poor
The Tennessee Bar Association will be honored with a major national award for helping bring legal services to the poor as the 2010 recipient of the Harrison Tweed Award. The award is given jointly by the American Bar Association and the National Legal Aid and Defenders Association to honor "extraordinary achievements" in increasing access to civil legal services for the poor. The award will be presented at the ABA Annual Meeting in August. In selecting the TBA for the award, the judges cited Tennessee's 4ALL Campaign, which included the 4/4 Pro Bono Public Service Day, as well as legal clinics and events held during October 2009's Celebrate Pro Bono Month. The work was launched under the leadership of TBA Immediate Past President Buck Lewis and was continued under the guidance of current TBA President Gail Vaughn Ashworth.

To learn more about the award and the TBA programs that won it, visit www.tba.org/journal_links.

Court seeks comments on proposed fee hike
The Tennessee Supreme Court has solicited comments on a proposed rules amendment that would increase the hourly rate paid appointed counsel of indigent defendants. The Supreme Court order seeks comment on a petition to amend the Court's Rule 13 that was filed by the Tennessee Association of Criminal Defense Lawyers (TACDL). The deadline for submitting written comments is Dec. 31, 2010.

Download the order and the petition for amendment through www.tba.org/journal_links.

Judicial candidates sign Code of Conduct
Most of the Tennessee judicial candidates standing for election this year have signed a campaign code aimed at preserving public faith in the integrity of the justice system. The Tennessee Bar Association also is making available judicial evaluation information about appellate court candidates and providing a guide to factors that voters should consider before casting a ballot in a retention election.

See the Tennessee Fair Judicial Campaign Code of Conduct and a list of candidates who have signed it at
www.tba.org/judicialcampaign.

'StopFraud.gov' new service
The new Financial Fraud Enforcement Task has launched StopFraud.gov, a one-stop shop for the American people to learn how to protect themselves from fraud and to report it wherever and however it occurs. It will also serve as a hub of information about the task force's work.

Go to www.stopfraud.gov.

TBA recognized for advocacy on behalf of profession
In April, the American Bar Association recognized the Tennessee Bar Association for its effectiveness in lobbying Congress on behalf of issues of concern to the justice system. In presenting the ABA Day Grassroots Award, the national association specifically referenced TBA's work educating its congressional delegation on the need to improve and modernize funding for the Legal Services Corporation. The award was given in conjunction with ABA Day, a series of events in Washington, D.C., designed to bring together lawyers and lawmakers. TBA President Gail Vaughn Ashworth and Executive Director Allan F. Ramsaur accepted the award.

See a picture and learn more through www.tba.org/journal_links.

New database gives stats on trial judges
The Tennessee court system has a database of trial judge statistics on its Web site. While the courts have long shared filing and disposition data by judicial district, this is the first time the court system has published statistical information by individual judges. This statistical database allows Web site visitors to see the number of cases disposed or appealed by individual judge or by judicial district during the 2008-09 fiscal year. The database provides the docket numbers for the cases that have been appealed and also offers a link to the site's searchable opinion database, allowing visitors to see easily the appellate court opinions that have been filed for those cases.

Access the Trial Judge Case Statistics database at www.tncourts.gov/JudgeStats.

Volunteers plant 100+ trees
Tennessee Bar Association volunteers planted more than 100 trees in Chattanooga in celebration of Earth Day and Arbor Day in April. The trees " donated by the Tennessee Valley Authority " were planted at the Clifton Hills Elementary School. Additional plantings took place in Knoxville, Memphis and Nashville. Taking part in the Chattanooga planting project were TBA President Gail Vaughn Ashworth, TBA President-elect Sam Elliott, TBA Environmental Law Section Chair David Higney, Chattanooga attorneys John Grant, Alicia Oliver, Yousef Hamaden, Jason Isaacson, Katie Giannasi, Chris Varner and Bobby Dan, and TBA staffers Angie Bianchi and Britt Simonson.

See photos from the event on TBAConnect at www.tbaconnect.org.

Honors awarded in environmental law writing competition
Nicholas C. Christiansen, a second-year student at The University of Memphis Cecil C. Humphreys School of Law, was awarded first place and $800 in the Tennessee Bar Association Environmental Law Section's 2010 Jon E. Hastings Memorial Award Writing Competition. Eliot D. Kerner, a third-year law student at the University of Tennessee College of Law, won second place and $400 for his article.

 

Veile to be YLD president in 2012-2013
Lebanon lawyer David Veile will serve as president of the TBA Young Lawyers Division in 2012-2013. He will take office this June as vice president, and then automatically assume the office of president-elect in 2011 and president in 2012. Veile, who practices with Lowery, Lowery & Cherry PLLC, is considered to be elected now because he was unopposed for the office. Members of the YLD will decide the outcome of five other races, which are contested, at the division's annual meeting June 4 in Nashville. Learn more at www.tba.org/YLD/

State Supreme Court releases annual report
The Tennessee Supreme Court released its 2008-2009 annual report of the Tennessee Judiciary in April. The report offers an overview of the judicial system's accomplishments and provides statistical information about the courts. In an effort to "go green," this year's annual report is being published only in electronic format. Download the report from http://www.tncourts.gov/

Bar Foundation gives IOLTA awards to 56 law-related groups
The Tennessee Bar Foundation recently announced awards from the Interest On Lawyers' Trust Accounts (IOLTA) program to 56 law-related organizations. The recipients are headquartered in 28 communities around the state and awards range from $1,000 to $225,000 for a total of $1 million. This year's awards support organizations in Tennessee that provide direct legal services to the indigent or seek to improve the administration of justice. More than $16.8 million has been distributed since the program's inception.   Download the list of recipients from http://www.tnbarfoundation.org/

TBJ Gets New Member on Board
Nashville lawyer Paul A. Gontarek joins the Tennessee Bar Journal Editorial Board, filling the position held by Kathryn Reed Edge since ____. Gontarek is a partner in Waller Lansden's trial and appellate practice group in Nashville. He is a 1996 graduate of Baylor University and a 1999 graduate of Vanderbilt University School of Law. He is a graduate of the Leadership Law Program of the Tennessee Bar Association, and is chair of the Nashville Bar Association Probate Committee.

Lawyer's blog offers fashion, etiquette advice
If you ever worry and wonder about what to wear to the office, the fashion and lifestyle blog, "Corporette" offers itself to women as the answer. Attorney Kat Griffin has won over thousands of followers and has been called one of the Top 100 law bloggers by the American Bar Association. See what Corporette has to say at http://corporette.com/

Court Web site gets new design, new address
The U.S. Supreme Court's long-awaited Web site redesign was unveiled recently, updating what had been criticized as clunky and outdated. The Web address for the site will change from supremecourtus.gov to supremecourt.gov, but either address will provide access through July l.

Battle of privacy v. public's right to know leaning to privacy
Watchers of the First Amendment have noticed a growing trend to limit access to public information and records in the name of privacy. There are two reasons, says Ken Paulson, president and CEO of the Newseum and First Amendment Center. First, "new technology and the Web have spurred understandable anxiety from people concerned about having the details of their lives shared with strangers, as well as the possibility of identity theft," he says. "Second, lawmakers tend to write bills limiting information when they believe the news media may exploit it."

Learn more from the First Amendment Center at http://www.firstamendmentcenter.org/commentary.aspx?id=22736


State's Blue Book now online
The 2009-2010 Tennessee Blue Book, the source for information about state government and history, is now available online. The Blue Book is produced every two years by the Secretary of State's office, containing information about the legislative, executive and judicial branches of state government " including biographical information about top elected and appointed officials. The book also includes biographical information about the state's representatives in Congress, the full texts of the state and U.S. constitutions, a detailed history of the state, information about historical sites around Tennessee, statistics about cities and counties, election results, state symbols and more. Access the Blue Book at http://state.tn.us/sos/bluebook

Network with lawyers
The Tennessee Bar Association's TBAConnect social networking site continues to grow rapidly, attracting lawyers of all ages and practice areas from all across Tennessee. The Web site " similar to LinkedIn or Facebook but limited to TBA members and invited guests " now has more than 300 participants ranging in age for 24 to 80. Those joining are almost equally split by urban/rural location -- 56 percent are from Memphis, Nashville, Knoxville and Chattanooga; by age " 44 percent are 50 and older; and gender, with about 60 percent male and 40 percent female. Check out TBAConnect at www.tbaconnect.org/

Youth Courts to Start in Memphis This Fall
Four schools in the Memphis city school system will have active youth courts by next fall thanks to the hard work of Memphis attorney Larry Scroggs, chief counsel for the Memphis Juvenile Courts as well as the support of Linda Warren Seeley with Memphis Area Legal Services and Memphis Bar Association President Ricky Wilkins, who have been long-time advocates of youth court/peer mediation initiatives in Memphis.

Recruitment for volunteer lawyers will begin immediately. Youth courts, also known as teen or peer courts, are an alternative sentencing mechanism for first-time non-violent juvenile offenders who appear before and are sentenced by a jury of their peers. If you are interested in getting involved in one of these courts at Cordova, Frayser, Kirby or Whitehaven high schools please contact state youth court coordinator Alexanderia Honeycutt at ahoneycutt@tnbar.org or (615) 383-7421.

Learn more about youth courts at www.tba.org/youthcourt/index.html

The TBA Board of Governors will appoint a member to fill the vacancy created by the election of Jackie Dixon as vice president of the TBA. The appointment will be made at the board's June 5 meeting. Any member who lives or practices in the 5th District (Davidson County) is eligible for appointment. To indicate your interest in the seat, contact TBA Executive Director Allan Ramsaur not later than May 31, 2010. The new board member will serve until the   elections, which will take place in spring 2011.

- - -

Tennessee State High School Mock Trial Competition

Volunteers Ensure Success

White Station High School of Memphis claimed its second straight championship in March, defeating St. Mary's Episcopal School in the 30th annual Tennessee State High School Mock Trial Competition. The team now will represent Tennessee at the National High School Mock Trial Competition in Philadelphia May 5-9.

White Station's coach is Memphis attorney Eugene "Buddy" Bernstein of the Bernstein Law Office. Memphis's St. Mary's was coached by Jennifer Nichols of the District Attorney's Office.

Under the leadership of State Mock Trial Committee Chair Marisa Lee Combs with Lewis, King, Krieg & Waldrop PC in Nashville, and Vice Chair Troy Weston with Eldridge & Blakney PC in Knoxville, the two-day competition involved nearly 200 volunteers, including lawyers, law students and paralegals, as well as sitting judges in the state who presided over the trial rounds at the Metro Davidson County Courthouse in downtown Nashville. Tennessee Supreme Court Chief Justice Janice Holder presided over the championship match Saturday evening.

The teams put their skills to the test arguing a fictitious civil case developed by Combs and Nashville lawyer Candi Henry with Dodson Parker Behm & Capparella PC, which involved a dispute over design and construction of a 400,000-square-foot distribution center. The central issue at stake was whether the work performed constituted a breach of contract and professional negligence.

For more photos and news, go to www.tba.org/mocktrial/2010_mocktrial_winners.html.  

 

Briefs

Veile to be YLD president in 2012-2013
Lebanon lawyer David Veile will serve as president of the TBA Young Lawyers Division in 2012-2013. He will take office this June as vice president, and then automatically assume the office of president-elect in 2011 and president in 2012. Veile, who practices with Lowery, Lowery & Cherry PLLC, is considered to be elected now because he was unopposed for the office. Members of the YLD will decide the outcome of five other races, which are contested, at the division's annual meeting June 4 in Nashville. Learn more at www.tba.org/YLD/

State Supreme Court releases annual report
The Tennessee Supreme Court released its 2008-2009 annual report of the Tennessee Judiciary in April. The report offers an overview of the judicial system's accomplishments and provides statistical information about the courts. In an effort to "go green," this year's annual report is being published only in electronic format. Download the report from http://www.tncourts.gov/

Bar Foundation gives IOLTA awards to 56 law-related groups
The Tennessee Bar Foundation recently announced awards from the Interest On Lawyers' Trust Accounts (IOLTA) program to 56 law-related organizations. The recipients are headquartered in 28 communities around the state and awards range from $1,000 to $225,000 for a total of $1 million. This year's awards support organizations in Tennessee that provide direct legal services to the indigent or seek to improve the administration of justice. More than $16.8 million has been distributed since the program's inception.   Download the list of recipients from http://www.tnbarfoundation.org/

TBJ Gets New Member on Board
Nashville lawyer Paul A. Gontarek joins the Tennessee Bar Journal Editorial Board, filling the position held by Kathryn Reed Edge since 2006. Gontarek is a partner in Waller Lansden's trial and appellate practice group in Nashville. He is a 1996 graduate of Baylor University and a 1999 graduate of Vanderbilt University School of Law. He is a graduate of the Leadership Law Program of the Tennessee Bar Association, and is chair of the Nashville Bar Association Probate Committee.

Lawyer's blog offers fashion, etiquette advice
If you ever worry and wonder about what to wear to the office, the fashion and lifestyle blog, "Corporette" offers itself to women as the answer. Attorney Kat Griffin has won over thousands of followers and has been called one of the Top 100 law bloggers by the American Bar Association. See what Corporette has to say at http://corporette.com/

Court Web site gets new design, new address
The U.S. Supreme Court's long-awaited Web site redesign was unveiled recently, updating what had been criticized as clunky and outdated. The Web address for the site will change from supremecourtus.gov to supremecourt.gov, but either address will provide access through July l.

Battle of privacy v. public's right to know leaning to privacy
Watchers of the First Amendment have noticed a growing trend to limit access to public information and records in the name of privacy. There are two reasons, says Ken Paulson, president and CEO of the Newseum and First Amendment Center. First, "new technology and the Web have spurred understandable anxiety from people concerned about having the details of their lives shared with strangers, as well as the possibility of identity theft," he says. "Second, lawmakers tend to write bills limiting information when they believe the news media may exploit it."

Learn more from the First Amendment Center through www.tba.org/journal_links.

State's Blue Book now online
The 2009-2010 Tennessee Blue Book, the source for information about state government and history, is now available online. The Blue Book is produced every two years by the Secretary of State's office, containing information about the legislative, executive and judicial branches of state government " including biographical information about top elected and appointed officials. The book also includes biographical information about the state's representatives in Congress, the full texts of the state and U.S. constitutions, a detailed history of the state, information about historical sites around Tennessee, statistics about cities and counties, election results, state symbols and more. Access the Blue Book at http://state.tn.us/sos/bluebook

Network with lawyers
The Tennessee Bar Association's TBAConnect social networking site continues to grow rapidly, attracting lawyers of all ages and practice areas from all across Tennessee. The Web site " similar to LinkedIn or Facebook but limited to TBA members and invited guests " now has more than 300 participants ranging in age for 24 to 80. Those joining are almost equally split by urban/rural location -- 56 percent are from Memphis, Nashville, Knoxville and Chattanooga; by age -- 44 percent are 50 and older; and gender, with about 60 percent male and 40 percent female. Check out TBAConnect at www.tbaconnect.org

 

Youth Courts to Start in Memphis This Fall

Four schools in the Memphis city school system will have active youth courts by next fall thanks to the hard work of Memphis attorney Larry Scroggs, chief counsel for the Memphis Juvenile Courts as well as the support of Linda Warren Seeley with Memphis Area Legal Services and Memphis Bar Association President Ricky Wilkins, who have been long-time advocates of youth court/peer mediation initiatives in Memphis.

Recruitment for volunteer lawyers will begin immediately. Youth courts, also known as teen or peer courts, are an alternative sentencing mechanism for first-time non-violent juvenile offenders who appear before and are sentenced by a jury of their peers. If you are interested in getting involved in one of these courts at Cordova, Frayser, Kirby or Whitehaven high schools please contact state youth court coordinator Alexanderia Honeycutt at ahoneycutt@tnbar.org or (615) 383-7421.

Learn more about youth courts at www.tba.org/youthcourt/

Court seeks comments on emeritus pro bono rule

The Tennessee Access to Justice Commission has proposed that the state Supreme Court adopt a new rule establishing an "Emeritus Attorneys Pro Bono Participation Program." In February, the court published the rule for comment. The proposal would create new rule 50A, allowing attorneys who no longer actively practice law to provide free legal services through approved legal assistance organizations. The proposed rule lays out qualifications for participation, a certification process for both lawyers and organizations seeking to participate, and responsibilities of attorneys who are certified. Comments, which are due by April 12, should be submitted to the Supreme Court clerk.

Download the proposed rule at http://www.tba2.org/emeritusrule_comments_021110.pdf

You might need a 'virtual escape'

The same technology that has freed attorneys from their physical office space has also tethered them to clients around the clock, perhaps thwarting work-life balance as much as it helps. In fact, more than four-fifths of lawyers use a BlackBerry or other smartphone while away from the office, according to the 2009 ABA Legal Technology Survey Report, up from 67 percent in 2008 and 53 percent in 2007. Read about some lawyers who were able to disconnect, at least while on vacation, and find out if that might be for you. The ABAJournal has the story http://www.abajournal.com/magazine/article/virtual_escape/

With bleak job market, law schools continue to fill up

About 151,400 people sat for law school entrance exams last year, and more than 51,000 entered law school -- even with the economy sending negative signals to new lawyers. Belmont, which will start its first law class in 2011, has had more than 650 people sign up for information about admission. They're all banking on the job market to improve by the time they graduate. But currently, job placement for new lawyers is still bleak. "What we are seeing is the employers of lawyers are shying away from hiring entry-level attorneys," says Pam Koerner, whose firm recruits for top law firms in the South. "They are gravitating more toward lateral attorneys with two-plus years of legal experience." With this in mind, schools are coming up with innovative ways to place their graduates, including Vanderbilt's new Public Service Initiative, which offers unemployed graduates a six-month stipend and teams them up with nonprofits. The Tennessean has the story.

Lawyers see bankruptcy, litigation boom coming Nearly one in three lawyers see bankruptcy and foreclosure as the practice areas that will experience the most growth in the next three months, according to a poll released Wednesday by California-based Robert Half Legal. Other growth areas according to practioners include litigation, labor and employment, intellectual property, ethics, and corporate governance. The survey included responses from 300 attorneys in the largest law firms and corporations in the United States and Canada. Learn more in the Nashville Business Journal.

UT and Lipscomb team up for joint J.D./M.A.

The University of Tennessee College of Law and David Lipscomb University's Institute for Conflict Management are partnering together to offer UT law students the opportunity to earn a Masters degree in conflict management from Lipscomb while pursuing their law degree. Students who enroll in the program will receive a 50 percent discount on tuition rates at Lipscomb. UT reported the news in its weekly electronic newsletter.

Materials available for Law Day

The theme for the 2010 Law Day has been set and materials are available for any interested parties. The theme, "Law in the 21st Century: Enduring Traditions, Emerging Challenges," explores how society can balance long-held legal traditions with changing global realities. To help guide discussion on the topic, the ABA has released a resource guide that covers three topics: reforming American government in the 21st Century, music distribution and copyright, and pirates and the law. The discussion guide is available for download on the ABA site at http://www.abanet.org/publiced/features/dialogues.html.

Learn more about Law Day 2010 at http://www.abanet.org/publiced/lawday/home.shtml

TV program looks at campaign cash in judicial races

Bill Moyers Journal looks at how campaign cash in judicial races may sway America's courts. In tonight's episode, the show revisits the 1999 Frontline special "Justice for Sale" which looked at the growing concern that campaign contributions may be corrupting the judicial process. Learn more about the program

http://www.pbs.org/moyers/journal/02192010/profile2.html

Track legislation of interest to Tennessee attorneys

The TBA Action List tracks bills in the General Assembly that the TBA has a direct interest in. This means it has either initiated the legislation, taken a postiion on the bill or has a policy on the issue. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community. TBA Bill Tracking Service https://www.tba.org/tba_legismain.html

Justice Department to begin indigent defense program

The Justice Department is on the verge of launching a new program to help low-income people receive legal help, to be called the Access to Justice Initiative. Professor Laurence Tribe, reportedly one of the top constitutional lawyers in the country, will take a leave of absence from Harvard to spearhead the project. Tribe will coordinate with judges and lawyers across the country with the goal of finding ways to help people who cannot afford a lawyer. The project will use a reallocation of money already in the Justice Department's budget, according to a Justice official.

Saying the system is in "crisis" recently at an indigent defense symposium in Washington, D.C., Attorney General Eric Holder added that, "Although they may stand on different sides of an argument, different sides of a courtroom, the prosecution and defense can and must share the same objective: Not victory, but justice."

http://www.npr.org/templates/story/story.php?storyId=124094017

NALP's summer associate changes not as drastic as predicted

The board of the National Association for Law Placement (NALP) decided in February to back off a plan that would delay the summer associate offer process by as many as four months. Instead, it adopted two smaller changes to the recruiting guidelines: The deadline for students to accept offers will drop from 45 days to 28 days, and the deadline for students who have completed a summer program to accept job offers will move from Nov. 15 to Nov. 1. Get the details from the National Law Journal

Summer associate offers hit 17-year low

Law students concerned about entering the job market now have hard numbers to back up their suspicions. According to statistics released in March by the National Association for Law Placement, the median number of offers for summer 2010 associate positions hit a 17-year low. Not surprisingly, acceptance rates hit a historic high of 43 percent. A spokesperson for the association said the numbers represent "an enormous interruption" in "usual recruiting and employment patterns." Law.com has the story from The National Law Journal

Memphis legal groups to launch homeless clinic

The Memphis office of Baker, Donelson, Bearman, Caldwell & Berkowitz PC, Memphis Area Legal Services Inc. and the Community Legal Center will launch the Homeless Experience Legal Protection (HELP) program in Memphis this month. The program, first organized by a New Orleans judge, gives legal providers and law firms a platform to offer pro bono clinics specifically for homeless people. It will differ from other pro bono efforts as it will offer assistance with minor criminal issues in additional to civil issues. The clinics will be held monthly at the homeless service center Hospitality Hub, located at 146 Jefferson Ave. The Memphis Daily News reports

National study links rising law tuition to increase in staff

The average law school increased its faculty size by 40 percent over the past 10 years, according to a study by The National Jurist. The study says the higher staffing levels at 195 ABA-accredited institutions account for 48 percent of tuition increases during the period studied, 1998 to 2008. Average tuition during that time is up 74 percent at private schools and 102 percent at public institutions. Law school observers attribute the faculty increases to two things " an increased need for specialization and the U.S. News & World Report rankings of law schools.

The National Jurist reports on its study

Annual report filing system upgraded

 

The Tennessee secretary of state's office has unveiled a new system that streamlines the online filing of annual reports (at http://tnbear.tn.gov/Ecommerce/AnnualReport.aspx). While businesses have been able to file online in the past, information still had to be keyed into a computer by state employees. The new system transfers the filing automatically to the office's database. The office predicts it will save staff time " perhaps as much as $25,000 in overtime costs " save $50,000 on printing and mailing, and reduce the volume of paper records. Learn more here http://tnsos.org/Press/story.php?item=130

Association Elections

Nashville lawyer Jacqueline (Jackie) Dixon was elected vice president of the Tennessee Bar Association and will become its president in 2012-2013.

Dixon is a partner in the newly created firm of Weatherly McNally & Dixon, which focuses on criminal defense, complex personal injury and domestic relations cases. She says she is honored to be selected to lead the TBA and "hopes to continue the association's tradition of service to the bar, the judicial system and the public."

Others who will be elected without opposition are:

• Grand Division Governor, West Tennessee (one-year term): Brian Faughnan, Memphis
• Grand Division Governor, Middle Tennessee (one-year term): James Crumlin, Nashville
• Grand Division Governor, East Tennessee (one-year term): Cindy Wyrick, Sevierville
• Governor, First District (three-year term): Frank Johnstone, Kingsport
• Governor, Fourth District (three-year term): Bobby Hibbett, Lebanon
• Governor, Seventh District (three-year term): Jonathan Steen, Jackson
• TBA Delegate to the ABA House of Delegates, Position 2: Buck Lewis, Memphis
• TBA Delegate to the ABA House of Delegates, Position 4: John Tarpley, Nashville
• TBA Delegate to the ABA House of Delegates, Position 5: Paul Campbell III, Chattanooga.

  '4ALL' Wins Nationwide Award

The Tennessee Bar Association's year-long Justice 4ALL initiative has received an "Associations Advance America Award" from the American Society of Association Executives and the Center for Association Leadership " just one of 24 programs selected nationwide for the honor. Now in its 20th year, the award is designed to recognize contributions made by associations and showcase the impact associations can have on the quality of American life.

The 4ALL program was launched in 2009 to expand access to justice for Tennesseans who could not afford legal representation. Through a four-point platform, the program educated professionals and the public on the need for pro bono legal services, recommended law and rules changes to encourage pro bono work, mobilized local bar associations and law firms to undertake pro bono activities, and provided free legal services to 1,300 needy individuals.  

 

Briefs

Court seeks comments on emeritus pro bono rule

The Tennessee Access to Justice Commission proposed in February that the state Supreme Court adopt a new rule establishing an "Emeritus Attorneys Pro Bono Participation Program." The proposal would create new rule 50A, allowing attorneys who no longer actively practice law to provide free legal services through approved legal assistance organizations. The proposed rule lays out qualifications for participation, a certification process for both lawyers and organizations seeking to participate, and responsibilities of attorneys who are certified. Comments, which are due by April 12, should be submitted to the Supreme Court clerk. Download the proposed rule from the Administrative Office of the Courts at http://www.tncourts.gov/

Memphis legal groups to launch clinic for homeless people

Memphis Area Legal Services Inc., the Community Legal Center and the Memphis office of Baker, Donelson, Bearman, Caldwell & Berkowitz PC will launch the Homeless Experience Legal Protection (HELP) program in Memphis this month. The program, first organized by a New Orleans judge, gives legal providers and law firms a platform to offer pro bono clinics specifically for homeless people. It will differ from other pro bono efforts as it will offer assistance with minor criminal issues in additional to civil issues. The clinics will be held monthly at the homeless service center Hospitality Hub on Jefferson Ave.

 

With bleak job market, law schools continue to fill up

About 151,400 people sat for law school entrance exams last year, and more than 51,000 entered law school " even with the economy sending negative signals to new lawyers. They're all banking on the job market to improve by the time they graduate. But currently, job placement for new lawyers is still bleak. "What we are seeing is the employers of lawyers are shying away from hiring entry-level attorneys," says Pam Koerner, whose firm recruits for top law firms in the South. "They are gravitating more toward lateral attorneys with two-plus years of legal experience." With this in mind, schools are coming up with innovative ways to place their graduates, including Vanderbilt's new Public Service Initiative, which offers unemployed graduates a six-month stipend and teams them up with nonprofits. The Tennessean has the story. Connect to it at www.tba.org/journal_links

Summer associate changes not as drastic as predicted, as offers hit 17-year low

The board of the National Association for Law Placement (NALP) decided recently to back off a plan that would delay the summer associate offer process by as many as four months. Instead, it adopted two smaller changes to the recruiting guidelines: The deadline for students to accept offers will drop from 45 days to 28 days, and the deadline for students who have completed a summer program to accept job offers will move from Nov. 15 to Nov. 1.

But students are still struggling to find the jobs that used to be plentiful. According to statistics released in March by the NALP, the median number of offers for summer 2010 associate positions hit a 17-year low. Not surprisingly, acceptance rates hit a historic high of 43 percent. A spokesperson for the association said the numbers represent "an enormous interruption" in "usual recruiting and employment patterns." The National Law Journal reported both stories. Find them at www.tba.org/journal_links

UT and Lipscomb team up for joint J.D./M.A.

The University of Tennessee College of Law and David Lipscomb University's Institute for Conflict Management are partnering together to offer UT law students the opportunity to earn a masters degree in conflict management from Lipscomb while pursuing their law degree. Students who enroll in the program will receive a 50 percent discount on tuition rates at Lipscomb.

 

Materials available for Law Day

The theme for the 2010 Law Day, "Law in the 21st Century: Enduring Traditions, Emerging Challenges," explores how society can balance long-held legal traditions with changing global realities. To help guide discussion on the topic, the ABA has released a resource guide that covers three topics: reforming American government in the 21st Century, music distribution and copyright, and pirates and the law.

Learn more about Law Day 2010 at www.abanet.org/publiced/lawday/home.shtml

You might need a 'virtual escape'

The same technology that has freed attorneys from their physical office space has also tethered them to clients around the clock, perhaps thwarting work-life balance as much as it helps. In fact, more than four-fifths of lawyers use a BlackBerry or other smartphone while away from the office, according to the 2009 ABA Legal Technology Survey Report, up from 67 percent in 2008 and 53 percent in 2007. Read in the ABA Journal about some lawyers who were able to disconnect, at least while on vacation, and find out if that might be for you. Link to the story at www.tba.org/journal_links

Track legislation of interest to Tennessee attorneys

The TBA Action List tracks bills in the General Assembly that the TBA has a direct interest in. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community.

Access the TBA Bill Tracking Service at www.tba.org/tba_legismain.html

Justice Department to begin indigent defense program

The Justice Department is on the verge of launching a new program to help low-income people receive legal help, to be called the Access to Justice Initiative. Professor Laurence Tribe, reportedly one of the top constitutional lawyers in the country, will take a leave of absence from Harvard to spearhead the project. Tribe will coordinate with judges and lawyers across the country with the goal of finding ways to help people who cannot afford a lawyer. The project will use a reallocation of money already in the Justice Department's budget, according to a Justice official.

Saying the system is in "crisis" recently at an indigent defense symposium in Washington, D.C., Attorney General Eric Holder added that, "Although they may stand on different sides of an argument, different sides of a courtroom, the prosecution and defense can and must share the same objective: Not victory, but justice."

National Public Radio reports. Listen to the story through www.tba.org/journal_links
  

Lucian Pera nominated for ABA treasurer

The American Bar Association announced nominations for key posts at its 2010 Midyear Meeting being held in Orlando, Fla., including Lucian Pera of Memphis to be treasurer. The ABA House of Delegates will hold elections in August at the 2010 ABA Annual Meeting in San Francisco. Pera would be elected to serve as treasurer for a three-year term beginning at the conclusion of the 2011 Annual Meeting until the close of the ABA Annual Meeting in August 2014.

Pera is a partner in the litigation practice group of Adams & Reese in Memphis. He has served on the ABA Board of Governors, in the ABA House of Delegates and as a member of the Ethics 2000 Special Committee. He is long active in the field of professional ethics. Pera has represented numerous media clients and has taken on numerous First Amendment and media law issues. Others nominated are Linda A. Klein of Atlanta, to be chair of the ABA House of Delegates; and Judge Cara Lee Neville of Minneapolis to be secretary.

Find out about more actions taken by the ABA House http://www.abanow.org/


'Consensus' on religious expression and U.S. law published
A consenus statement aimed at advancing public understanding of legal issues in religious expression was released this week by a group of people who don't usually agree. Led by Wake Forest University Divinity School's Center for Religion and Public Affairs, the document does not advocate a particular direction for future legislation and case law in regard to religious expression. Instead, it outlines what experts in church-state relations agree that the law currently says in an effort to stave off needlessly divisive debates and lawsuits. "While this diverse group often disagrees about how the law should address legal issues, the drafters agree in many cases on what the law is today," said Melissa Rogers, director of the Wake Forest center.

ABPNews.com reports
http://www.abpnews.com/content/view/4718/53/

http://divinity.wfu.edu/rpa/aboutstatement.html


State issues guide for nonprofit leaders
The Tennessee Attorney General's Office, the Department of State and the Center for Nonprofit Management have issued a guidebook to help leaders of nonprofit organizations. The book, "What Every Board Member and Officer Should Know," is designed to help volunteer leaders avoid conflicts of interest, protect assets, document financial transactions and avoid personal liability.

Learn more about this resource, download the guide http://www.tn.gov/attorneygeneral/nonprofit/nonprofitguidebook.pdf

Government site adds lots of new info (Jan. 22)
A year and a day after President Obama promised to have a more "transparent" government, large amounts of government data from all Cabinet-level departments is to be posted to the Internet today at the government's Web site, www.data.gov/. For example, the Transportation Department will post ratings for 2,400 lines of tires for consumer safety based on tire tread wear, traction performance and temperature resistance, and the Labor Department will release the names of 80,000 workplaces where injuries and illness have occurred over the past 10 years.

Video highlights Memphis law school gala
If you missed the gala grand opening of the new University of Memphis Cecil C. Humphreys School of Law in January, you can hear interviews with some of the participants and see scenes from the event in a report from University of Memphis student Sarah Bleau.

See reports from the Memphis Law School gala http://www.youtube.com/watch?v=zbe0rrHvh-8&feature=sub

Public opinion and the court: Former Vandy law professor explains
In his new book, legal scholar and former Vanderbilt law professor Barry Friedman sets out to show that the Supreme Court has never been insulated from popular sentiment. In fact, he argues that the long-term effect of the court's rulings is always determined by the public's reaction. "One of the most valuable things that occurs in response to a Supreme Court decision," he writes in The Will of the People: How Public Opinion has Influenced the Supreme Court and Shaped the Meaning of the Constitution, "is backlash."

Read a review of the book in The City Paper
http://nashvillecitypaper.com/content/lifestyles/books-author-friedman-dissects-peoples-court

ABA launches Haiti resource
The ABA has assembled a collection of legal resources relevant to the Haiti earthquake for use by lawyers, bar associations and organizations helping those in need. The site provides information on the immigration status of Haitian nationals now in the U.S., the status of children identified as orphans, and new tax provisions affecting charitable donations. Links also are provided for lawyers, judges and court administrators who are interested in joining an anticipated legal reform project in the country. Suggestions for additions to the site can be sent to rhorowitz@staff.abanet.org.

Visit the site http://www.abanet.org/disaster/haiti.html

New site offers federal appeals court opinions
A new American Bar Association (ABA) web site provides summaries of "newsworthy and legally significant" opinions from three of the nation's 12 circuit courts of appeal. The site, maintained by the ABA Standing Committee on Federal Judicial Improvements, currently covers the Third, Fifth and Ninth circuits. If the effort is successful, it will be expanded to include the other circuits. The service is available to all interested individuals. ABA membership is not required.

Sign up for free case alerts http://new.abanet.org/SCFJI/Pages/MediaAlertsOnFederalCircuitCourts.aspx
       
Legal sector layoffs slow in January
The legal sector lost another 1,100 jobs in January -- a noticeable drop-off from previous months -- as the overall unemployment rate fell to 9.7 percent. Although layoffs seem to have slowed down, one contributing factor could be that many deferred first-year associates reported to their firms for work in January, thereby offsetting layoffs elsewhere.

Law.com carried this American Lawyer story
http://www.law.com/jsp/article.jsp?id=1202442055464&Legal_Sector_Lost__Jobs_in_January

ABA diversity report says a new direction is needed
Approaches to diversity in the legal profession must take an inclusive approach rather than address individual affinity groups by race or ethnicity, gender, sexual orientation, or disability, according to an American Bar Association report issued today. Based on testimony gathered in regional hearings, surveys, round-table discussions and a national summit convened by Immediate Past President H. Thomas Wells Jr. of Birmingham, Ala., the report identifies trends and emerging issues, cites disappointments and points to new directions. The report's recommendations are directed at law schools and academia, law firms and corporate law departments, government and the judiciary and bar associations.

Read the report http://new.abanet.org/centers/diversity/Pages/default.aspx

Legal sector layoffs slow in January, partners more confident
The legal sector lost another 1,100 jobs in January " a noticeable drop-off from previous months " as the overall unemployment rate fell to 9.7 percent. Although layoffs seem to have slowed down, one contributing factor could be that many deferred first-year associates reported to their firms for work in January, thereby offsetting layoffs elsewhere, reports American Lawyer.

Also, a "confidence index" developed by Citi Private Bank Law Watch shows that managing partners are becoming more confident about the economic outlook for their law firms " in fact they haven't been this confident since 2007. About 64 percent of the managers surveyed expected demand for legal services to grow in the next 12 months, ABAJournal.com reported.


Facebook is leader for providing online divorce evidence
In a new survey of divorce lawyers, 81 percent say they have seen an increase in the use of social networking evidence during the past five years. The survey, conducted by the American Academy of Matrimonial Lawyers (AAML), pinpoints Facebook as the "unrivaled leader for online divorce evidence" with 66 percent citing it as a primary source. "If you publicly post any contradictions to previously made statements and promises," Nashville lawyer and AAML President Marlene Eskind Moses said, "an estranged spouse will certainly be one of the first people to notice and make use of that evidence."

Access to Justice

The Corporate Counsel Pro Bono Initiative Gala returns for its fourth year on Saturday, March 27, at the Hermitage Hotel in Nashville. Sponsored by the Tennessee Bar Association's Access to Justice Committee, in conjunction with the TBA Corporate Counsel Section and the Association of Corporate Counsel, the event recognizes outstanding pro bono contributions by law firms and corporate legal departments, and raises money to support access to justice across Tennessee.

Two Free Hours of CLE Programming on March 27

In addition to the Gala on Saturday evening, guests are also invited to attend a free CLE program on Saturday afternoon from 3 to 5:30 p.m. The program's two sessions will focus on:

1. The Medicare Secondary Payment Act. It is essential that all parties to personal injury insurance settlements ensure that Medicare's interests are protected. As such, attorneys need to understand   fully   how and when the act applies in any given personal injury situation. This panel discussion session will include Heidi R. Hoffecker and Sherie L. Edwards.
2. Updates on the amendments to the Rules of Civil Procedure, Evidence and Appellate Procedure that will go into effect on July 1. The session will be led by James M. Doran Jr.

Sponsors

Early sponsors of the Corporate Counsel Pro Bono Initiative Gala, as of press time, are:
Executive Committee Sponsors $10,000: International Paper Company
Board of Directors Sponsors $5,000: BlueCross BlueShield of Tennessee Community Trust
Shareholder Sponsors $3,000: Baker, Donelson, Bearman, Caldwell & Berkowitz PC, Eastman Chemical Company, State Volunteer Mutual Insurance Company, Counsel on Call, FedEx Corporation, Miller & Martin PLLC

Learn more at www.tba.org/TLCF/probono_initiative/

Briefs

ABA launches Haiti resource
The ABA has assembled a collection of legal resources relevant to the Haiti earthquake for use by lawyers, bar associations and organizations helping those in need. The site provides information on the immigration status of Haitian nationals now in the U.S., the status of children identified as orphans, and new tax provisions affecting charitable donations. Links also are provided for lawyers, judges and court administrators who are interested in joining an anticipated legal reform project in the country. Visit the site at www.abanet.org/disaster/haiti.html

Video highlights Memphis law school gala
If you missed the gala grand opening of the new University of Memphis Cecil C. Humphreys School of Law in January, you can hear interviews with some of the participants and see scenes from the event in a report from University of Memphis student Sarah Bleau on YouTube. Find the link at www.tba.org/journal_links

ABA diversity report says a new direction is needed
Approaches to diversity in the legal profession must take an inclusive approach rather than address individual affinity groups by race or ethnicity, gender, sexual orientation or disability, according to an American Bar Association report issued last month. Based on testimony gathered in regional hearings, surveys, round-table discussions and a national summit convened by Immediate Past President H. Thomas Wells Jr. of Birmingham, Ala., the report identifies trends and emerging issues, cites disappointments and points to new directions. The report's recommendations are directed at law schools and academia, law firms and corporate law departments, government and the judiciary and bar associations.

Read the report at http://new.abanet.org/centers/diversity/Pages

'Consensus' on religious expression and U.S. law published
A consenus statement aimed at advancing public understanding of legal issues in religious expression was released last month by a group of people who don't usually agree. Led by Wake Forest University Divinity School's Center for Religion and Public Affairs, the document does not advocate a particular direction for future legislation and case law in regard to religious expression. Instead, it outlines what experts in church-state relations agree that the law currently says in an effort to stave off needlessly divisive debates and lawsuits. "While this diverse group often disagrees about how the law should address legal issues, the drafters agree in many cases on what the law is today," said Melissa Rogers, director of the Wake Forest center. Find out more, and download a copy of the publication, through www.tba.org/journal_links

State issues guide for nonprofit leaders
The Tennessee Attorney General's Office, the Department of State and the Center for Nonprofit Management have issued a guidebook to help leaders of nonprofit organizations. The book, What Every Board Member and Officer Should Know, is designed to help volunteer leaders avoid conflicts of interest, protect assets, document financial transactions and avoid personal liability.

Download the guide at http://www.tn.gov/attorneygeneral/nonprofit/nonprofitguidebook.pdf

Government site adds new info
In January, about a year after President Obama promised to have a more "transparent" government, large amounts of government data from all Cabinet-level departments was to be posted to the Internet at the government's Web site, www.data.gov. For example, the Transportation Department planned to post ratings for 2,400 lines of tires for consumer safety based on tire tread wear, traction performance and temperature resistance, and the Labor Department released the names of 80,000 workplaces where injuries and illness have occurred over the past 10 years.

Public opinion and the court: Former Vandy law professor explains
In his new book, legal scholar and former Vanderbilt law professor Barry Friedman sets out to show that the Supreme Court has never been insulated from popular sentiment. In fact, he argues that the long-term effect of the court's rulings is always determined by the public's reaction. "One of the most valuable things that occurs in response to a Supreme Court decision," he writes in The Will of the People: How Public Opinion has Influenced the Supreme Court and Shaped the Meaning of the Constitution, "is backlash."

New site offers federal appeals court opinions
A new American Bar Association (ABA) Web site provides summaries of "newsworthy and legally significant" opinions from three of the nation's 12 circuit courts of appeal. The site, maintained by the ABA Standing Committee on Federal Judicial Improvements, currently covers the Third, Fifth and Ninth circuits. If the effort is successful, it will be expanded to include the other circuits. The service is available to all interested individuals. ABA membership is not required. Sign up for free case alerts at http://new.abanet.org/SCFJI/Pages/MediaAlertsOnFederalCircuitCourts.aspx
      
Legal sector layoffs slow in January, partners more confident
The legal sector lost another 1,100 jobs in January " a noticeable drop-off from previous months " as the overall unemployment rate fell to 9.7 percent. Although layoffs seem to have slowed down, one contributing factor could be that many deferred first-year associates reported to their firms for work in January, thereby offsetting layoffs elsewhere, reports American Lawyer.

Also, a "confidence index" developed by Citi Private Bank Law Watch shows that managing partners are becoming more confident about the economic outlook for their law firms " in fact they haven't been this confident since 2007. About 64 percent of the managers surveyed expected demand for legal services to grow in the next 12 months, ABAJournal.com reported.

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Facebook is leader for providing online divorce evidence
In a new survey of divorce lawyers, 81 percent say they have seen an increase in the use of social networking evidence during the past five years. The survey, conducted by the American Academy of Matrimonial Lawyers (AAML), pinpoints Facebook as the "unrivaled leader for online divorce evidence" with 66 percent citing it as a primary source. "If you publicly post any contradictions to previously made statements and promises," Nashville lawyer and AAML President Marlene Eskind Moses said, "an estranged spouse will certainly be one of the first people to notice and make use of that evidence." ABAJournal.com gives you the story at www.tba.org/journal_links