TBA Law Blog


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Posted by: Stacey Shrader Joslin on Mar 27, 2020

The Tennessee Supreme Court issued an order today suspending in-person formal proceedings through April 30 at the Board of Professional Responsibility. The order reiterates that the BPR remains open and will continue to provide services, but will adjust operations to balance the health and safety of staff, hearing members and lawyers. The order also extends through April 30 any deadlines regarding disciplinary proceedings and any time periods and deadlines set forth in Rule 9, Sections 10.4 (bar cards) and 10.5 and 10.6 (non-payment delinquency notices, fees and suspension) as well as Rule 43, Section 15 (IOLTA delinquency notices, fees and suspension). The order allows for emergency matters to proceed but directs that such hearings be limited to certain individuals and that social distancing be observed.

Posted by: Stacey Shrader Joslin on Mar 27, 2020

The Tennessee Supreme Court today issued an order waiving the in-person requirement for CLE hours for the rest of this year. Lawyers now may earn all or any portion of their required 2020 hours through approved distance learning courses. The move follows the court's declaration of a state of emergency for the Judicial Branch and a previous order that waived in-person CLE requirements for 2019 hours. The court is taking these actions in response to the COVID-19 pandemic. The TBA has more than 100 online courses available and provides TBA members with three free CLE hours with their membership. Check out distance learning opportunities from the TBA.

Posted by: Kate Prince on Mar 26, 2020

The U.S. District Court for the Eastern District of Tennessee has issued an order allowing CJA panel attorneys to submit interim vouchers for compensation. "The disruption to Court operations caused by COVID-19 will also cause a disruption to timely payments to, and place a financial burden on, CJA panel attorneys," the order signed by Chief Judge Pamela Reeves said in part.

Posted by: Barry Kolar on Mar 26, 2020

Legal aid organizations across Tennessee are seeking help with online notarizations and other alternatives for in-person legal services. Because of health risks associated with the COVID-19 virus, they are unable to perform in-person notary services for powers of attorney, wills or other issues. They are asking law firms or organizations that have online notary services or other technology support to consider donating services for use by legal aid organizations. If your firm has those services available to donate, please contact the Tennessee Alliance for Legal Services at help@tals.org.

Posted by: Kate Prince on Mar 26, 2020

Legal research service Fastcase today announced the launch of the Fastcase Peer Resource Center for COVID-19. Fastcase says the site was created to “provide real-time data about how COVID-19 is impacting our community and reveal relevant trends in legal data as they emerge.” The site features a curated grouping of free resources, including real-time COVID-19 litigation through Docket Alarm, a live feed of Law Street Media coverage of the pandemic and additional free resources from legal publishing companies.  

Posted by: Stacey Shrader Joslin on Mar 26, 2020

Updates from the legal community include extension of new procedures at Davidson County Chancery Courts Parts I and II, a new order from the U.S. District Court for the Eastern District of Tennessee allowing interim payment vouchers from CJA Panel Attorneys, a new executive order from Gov. Bill Lee to mobilize healthcare workers, a new date for the Nashville Bar Association’s Law Day celebration (July 10) and a new date for the TBA Bankruptcy Forum (Nov. 13-15). Get these and other updates from the TBA’s Pandemic Resource Center, which includes sections dedicated to legal resources; cancellations, postponements and closures at courts and other legal organizations; changes in policies and procedures at courts and other legal organizations; health and wellness resources; and updates about TBA events.

Posted by: Kate Prince on Mar 26, 2020

The historic $2 trillion COVID-19 stimulus bill passed by the U.S. Senate on Wednesday night includes more than $1 billion for criminal justice needs, the ABA Journal reports. The U.S. Justice Department will receive $1 billion, the federal judiciary will get $7.5 million and $50 million will be given to the Legal Services Corporation. The bill would also temporarily allow for more video and audio conferences in several federal court settings, authorize the Justice Department to extend the time cap on home confinement and allow the Bureau of Prisons to quickly create new rules to allow free video and telephone visitations with inmates. The bill will now head to the U.S. House of Representatives.  

Posted by: Barry Kolar on Mar 25, 2020

The TBA today adopted a policy that calls for legal services to be designated as essential services and remain available to the public if any additional prohibitions or restrictions are implemented in Tennessee in response to the COVID-19 pandemic. “Legal services are essential to the administration of justice in this state and are critically necessary to the well-being of the citizens of Tennessee. In times of crisis and uncertainty, lawyers play a vital role in the preservation of society,” the policy states in part. Read the full policy adopted by the TBA’s Executive Committee here.

Posted by: Stacey Shrader Joslin on Mar 25, 2020

A new task force is launching to help small businesses as they grapple with the impacts of Nashville’s recent tornado and the ongoing COVID-19 crisis, the Nashville Business Journal reports. The task force is expected to focus on establishing available federal, state and privately-sourced small business assistance and determining how best to obtain and distribute assistance locally. At-large Councilman Steve Glover and Cristina Allen, senior adviser at Compass Executives, will chair the task force. Businesses and nonprofits impacted by the tornado and virus are eligible for the U.S. Small Business Administration's disaster loan program, which can provide up to $2 million in low-interest loans per business.

Posted by: Stacey Shrader Joslin on Mar 25, 2020

The Tennessee Supreme Court issued an order today reiterating that all Tennessee courts will remain open during the coronavirus outbreak. Today's order also extended the suspension of most in-person judicial proceedings through April 30. and made "several clarifications and key additions” to the order originally issued on March 13. Among those provisions is a directive that judges not move forward with eviction, ejectment or displacement cases except in exceptional circumstances; an alternative for notarizing documents; modifications to the list of exceptions to the suspension of in-person hearings; extension of certain deadlines, statutes of limitations and orders of protection through May 6; a suspension of any rule that limits a judge’s or clerk’s ability to utilize technology to limit in-person contact; and a clarification that courthouses should remain open for essential hearings and filings. In addition, the order directs the presiding judge in each judicial district to submit a plan for a reduction in the local jail population. The order applies to state and local Tennessee courts, including appellate, trial, general sessions, juvenile and municipal courts.


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