TBA Law Blog


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Posted by: Julia Wilburn on Mar 21, 2024
News Type: Legal News

Attorneys from across the state gathered in Nashville this week for TBA's second annual "Day on the Hill." The day kicked off with remarks from Brandon Gibson, the state's chief operating officer, and House Majority Leader William Lamberth, R-Portland. The group was invited to observe a session of the House Civil Justice Committee where TBA President Jim Barry and Bedford County attorney Garrett Haynes gave statements to lawmakers on the urgent need for increased funding for indigent representation. Participants then met with more than 25 legislators to discuss the funding issue. The day concluded with TBA's annual Big Shrimp legislative reception, giving TBA leaders and members a chance to meet with legislators in a casual setting to continue conversations on topics important to the profession. See photos from the events.

Posted by: Stacey Shrader Joslin on Mar 20, 2024
News Type: Legal News

President Joe Biden has nominated Kevin Ritz, current U.S. attorney for the Western District of Tennessee, for the U.S. 6th Circuit Court of Appeals. If confirmed, he would replace Judge Julia Smith Gibbons, who announced her intention to take senior status on the court following confirmation of a successor. Ritz has served in his current role since 2022. From 2005 to 2022, he worked as an assistant U.S. attorney, serving at different times as criminal appellate chief and appellate chief. Before joining the U.S. attorney’s office, he was a law clerk for Gibbons. Ritz also is a past chair of the TBA’s Appellate Practice Section and past president of the Memphis/Mid-South Chapter of the Federal Bar Association. He received his law degree from the University of Virginia School of Law in 2004. The Commercial Appeal has more on the nomination.

Posted by: Stacey Shrader Joslin on Mar 20, 2024
News Type: Legal News, Upcoming

The American Bar Association (ABA) will host a Law Day 2024 Launch Program tomorrow from 4-5 p.m. EDT. The program — which will be held virtually with free registration — will provide suggestions and guidance to inspire people to plan and lead their own Law Day celebrations. The event will include a panel discussion on this year’s Law Day theme, “Voices of Democracy,” which encourages Americans to participate in the 2024 elections by deepening their understanding of the electoral process; discussing issues in honest and civil ways; turning out to vote; and helping to move the country forward after free and fair elections. Law Day is celebrated each year on May 1. Read more about or register for the event.

Posted by: Stacey Shrader Joslin on Mar 20, 2024
News Type: Legal News

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility has released a formal opinion that provides guidance on when a lawyer’s conflict is imputed to all others in the lawyer’s firm ─ specifically when a lawyer discusses a legal matter with a prospective client and the client does not retain the lawyer or the firm. Formal Opinion 510 addresses the “reasonable measures” necessary to avoid imputing the lawyer’s conflict of interest to the firm under Rule 1.18 of the ABA Model Rules of Professional Conduct. Read more about the opinion.

Posted by: Stacey Shrader Joslin on Mar 20, 2024

A three-judge panel of the 5th U.S. Circuit Court of Appeals has blocked a Texas law allowing state law enforcement to arrest individuals suspected of entering the United States without documentation, Axios reports. The action comes just hours after the U.S. Supreme Court allowed the state to enforce the law while the issue is appealed, but directed the appeals court to act quickly on a “stay pending appeal,” noting that the court previously had imposed only a “temporary administrative stay.” Justices Amy Coney Barrett and Brett Kavanaugh wrote a separate opinion saying they would not have intervened in the case at this point. The Biden administration is challenging the law, arguing that immigration enforcement is solely the responsibility of the federal government. SCOTUSblog has more on the case.

Posted by: Stacey Shrader Joslin on Mar 20, 2024
News Type: Legal News

Washington, Colorado and Minnesota are the latest states to transition to the NextGen bar exam, Reuters reports. Washington will begin using the overhauled bar exam when it first becomes available in July 2026. Minnesota will move to the test in 2027. Colorado will do so in 2028. They join 17 other jurisdictions that have announced plans to transition to the new test. In related news, Washington’s high court also approved “in concept” two new licensing pathways for law students, including a six-month apprenticeship program. The state joins New Hampshire, Oregon and Wisconsin in that approach.

Posted by: Stacey Shrader Joslin on Mar 20, 2024
News Type: Legal News

U.S. News & World Report will release its 2024 law school rankings on April 9, amid predictions of possible methodology changes. According to Reuters, the publication is expected to modify its formula to make it more difficult for people to use publicly available American Bar Association (ABA) data to forecast results months in advance. U.S. News drastically altered its methodology in 2023 after nearly a quarter of law schools declined to provide any internal data, saying the publication's methodology hurt student diversity. As a result, the rankings were based primarily on ABA data such as employment rates and bar pass rates. That approach made it easier to project the rankings ahead of their official release and made it difficult to compare.

Posted by: Stacey Shrader Joslin on Mar 20, 2024
News Type: Legal News

The 2024 TBA Leadership Law class met recently in Knoxville for its “Issues in Community Leadership” program. Class members heard from Tennessee Supreme Court Justice Dwight E. Tarwater, who spoke on “Leadership in 6 Words”; University of Tennessee College of Law Associate Professor and Clinical Programs Director Joy Radice, who spoke about pro bono efforts to expunge criminal charges and restore citizenship rights; LMU Duncan School of Law Professor Mohamed Akram Faizer, who presented on “Being Appreciative of Yourself and Others;” and Knoxville lawyer Robbie Pryor, with Pryor, Priest & Harber, who shared his experiences of navigating life as a lawyer. The group also heard from a number of community leaders, including Dr. Charles F. Lomax, president and chief executive officer of the Knoxville Area Urban League; Rev. Reneè Kesler, president of the Beck Cultural Exchange Center; and attorney Chloe Akers, president and founder of The Best of Tennessee Inc.

Posted by: Julia Wilburn on Mar 19, 2024

U.S. Supreme Court justices and federal judges can no longer avoid disclosing the value of travel-related gifts they receive by classifying such free trips as "reimbursements" on their financial disclosure forms under new regulations now in effect, reports Reuters. The new policy, approved by the federal judiciary's Financial Disclosure Committee in January and announced last Friday, took effect on March 13. Officials said the disclosure policies were updated "to reflect past statutory changes more clearly and help ensure complete reporting of gifts and reimbursements consistent with statutory requirements."

Posted by: Julia Wilburn on Mar 19, 2024
News Type: Legal News

The Tennessee Court of Workers’ Compensation Claims announced that beginning March 25, all mediations in cases pending before the court will conclude with the issuance of a dispute certification notice. The court explains that issuance of a dispute certification notice will allow for entry of the case into TNComp, the court's electronic court management system, and ensure that a judge shepherds every case to conclusion. Read more about the change in a post from Chief Judge Kenneth M. Switzer on the court's blog.


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