TBA Law Blog


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Posted by: Liz Slagle Todaro on Apr 21, 2020

The Legal Services Corporation (LSC) on Monday hosted a briefing via Zoom that addressed the effects COVID-19 is having on state courts, access to justice and legal services organizations and their clients. Chief Justice Jeffrey Bivins and American Bar Association President Judy Perry Martinez were among the panelists. Bivins discussed specific orders, rules and procedures that are helping keep Tennessee courts functioning while most in the legal community are working remotely. He noted that “we are learning something every day and must take these lessons,” including use of video, remote and electronic resources to help move the justice system into the future. Martinez addressed the challenge of being proactive for the “tidal wave of legal needs” that will be facing the country’s legal system in the coming months. A recording of the briefing, as well as other COVID-19 resources, are available on the LSC website.

Posted by: Stacey Shrader Joslin on Apr 20, 2020
News Type: COVID-19 News, TBA CLE

This new webcast, the latest from TBA’s on-demand CLE series “Navigating the Pandemic,” will look at the details of Tennessee Gov. Bill Lee’s executive order allowing remote notary and witnessing during the COVID-19 pandemic. Join Newman Bankston and Bradley Sagraves with Egerton, McAfee, Armistead & Davis in Knoxville to learn how to effectively produce documents under the executive order. And watch for Bankston’s article in the May issue of the Tennessee Bar Journal for more on this issue.

Posted by: Stacey Shrader Joslin on Apr 20, 2020

Gov. Bill Lee today said he will let an executive order closing non-essential businesses and requiring Tennesseans to remain at home expire on April 30 for all but a handful of counties in the state. The move will allow most businesses in 89 counties to reopen on May 1, with some opening as soon as April 27 if they follow specific guidance, the Nashville Business Journal reports. The governor said his administration will work with six counties — Davidson, Hamilton, Knox, Madison, Shelby and Sullivan — to develop their own reopening plans. Meanwhile, Nashville's mayor said today he intends to extend the city's safer at home order after weekend testing uncovered a steep rise in cases, Nashville Post reports. He previously said he hoped to begin loosening restrictions next month, but now says the order will remain in effect until the rate of the disease declines in the city. Chattanooga’s mayor said today he would not commit to an arbitrary date to lift restrictions, but would do so only when epidemiology and testing numbers indicate it is safe to do so, the Times Free Press reports.

Posted by: Stacey Shrader Joslin on Apr 20, 2020
News Type: COVID-19 News, Upcoming

The Tennessee Alliance for Legal Services and the Nashville Bar Association will host a telephone-based legal advice clinic for small business owners struggling with the impact of the COVID-19 pandemic on April 29. Volunteer attorneys are needed to help for one hour between 11 a.m. to 1 p.m. CDT. During the one-hour shift, attorneys will meet with two clients for 30 minutes each. The NBA will provide a training webinar in advance of the clinic. Those with experience in the following areas are especially needed: insolvency, rent abatement, unemployment benefits, SBA EIDL loans, Paycheck Protection Act and COVID-19 employment law issues. Register to help here.

Posted by: Stacey Shrader Joslin on Apr 20, 2020

Three additional firms with offices in Tennessee have taken steps to reduce costs, Above the Law reports. Loeb & Loeb, with offices in Nashville, reportedly is cutting pay for lawyers and staff. For capital partners, monthly draws are being reduced by 20% while pay is being cut by 15% for income partners, senior counsel, of counsel, associates and senior staff, and 10% for paralegals and other staff. At Fisher Phillips, with offices in Memphis and Nashville, salaries reportedly have been cut across the board, with associates, salaried staff, and hourly employees having their checks cut by 20%. Those unable to work remotely have been furloughed. Partners also have taken a pay cut, though the exact amount was not disclosed. Finally, Greenspoon Marder, with offices in Nashville, has implemented firmwide pay cuts and reportedly laid off 40 staff members and five attorneys.

Posted by: Kate Prince on Apr 17, 2020

The Tennessee Supreme Court has delayed the execution of Oscar Franklin Smith, citing the COVID-19 pandemic, the Tennessean reports. Smith was set to be put to death on June 4, but his attorneys last week filed a motion to delay the execution, arguing it would possibly expose witnesses, lawyers and others to COVID-19. The defense team also claimed that public safety measures hindered their ability to represent Smith. Smith, 69, was convicted in the 1989 murders of Judith Lynn Smith, 35; Chad Burnett, 16; and Jason Burnett, 13, in Nashville. His new execution date is set for February 2021.

Posted by: Kate Prince on Apr 17, 2020

In addition to the currently scheduled bar examination set for July 29 through July 30, the Tennessee Supreme Court today announced the Board of Law Examiners will offer an additional exam on Sept. 30 through Oct. 1. The new October exam will only be offered in Knoxville, while the July exam will be given in Knoxville, Memphis and Nashville. Those who have submitted an application for the July exam will be given the option of moving to the October exam and new applicants can choose between the two sets of dates. “Because of on-going concerns about social distancing during the examination, the addition of another exam in a very large space will give the Board and applicants the flexibility to provide maximum space between test-takers, as well as provide a safety net in the event we remain under 'Safer at Home' orders or the NCBE does not deploy a July Exam,” said President of the Board of Law Examiners Bill Harbison.

Posted by: Kate Prince on Apr 17, 2020

Baker Donelson this week announced firm-wide pro bono efforts focused on addressing legal needs created by the COVID-19 pandemic. According to the Chattanoogan, the firm will focus on multiple opportunities, including providing remote counsel and legal representation, answering questions on the ABA’s Free Legal Answers website, providing pro bono services to non-profit organizations and more. As part of Baker Donelson’s existing pro bono efforts, each attorney can earn billable hour credit for up to 100 hours per year of pro bono work.

Posted by: Stacey Shrader Joslin on Apr 16, 2020

Gov. Bill Lee today announced a new Economic Recovery Group — a joint effort between state departments, members of the legislature and leaders from the private sector — to guide a safe reboot of Tennessee’s economy, Chattanoogan.com reports. The group will be led by Tennessee Department of Tourism Development Commissioner Mark Ezell. Sammie Arnold, assistant commissioner of Rural Development at the Department of Economic and Community Development, will serve as chief of staff. In related news, the state’s four largest cities — Chattanooga, Knoxville, Memphis and Nashville — also announced their own economic recovery task force today. The Tennessee Major Metros Economic Restart Task Force will be made up of business leaders and health care professionals in each city. Lawyers among the group are Wade Hinton with Unum in Chattanooga and Alan Crone with the Crone Law Firm in Memphis. Read more in the Chattanooga Times Free Press.

Posted by: Stacey Shrader Joslin on Apr 16, 2020

New resources and updates are continuously being added to the TBA’s Pandemic Resource Center. This week we have added sections on working remotely and providing pro bono services in a pandemic. Check it out and let us know if you or your firm have resources we should add.


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