TBA Law Blog


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Posted by: Kate Prince on May 27, 2021
News Type: BPR Actions

The Tennessee Supreme Court today suspended Madison County lawyer Sherry Marie Percival from the practice of law for five years, with six months to be served on active suspension and the remainder on probation. Percival entered a conditional guilty plea acknowledging that she failed to reconcile her trust account, mismanaged the account and the settlement funds it contained, executed a release on behalf of her client, and endorsed the client’s name on a settlement check without permission. She must enter into a practice monitoring agreement with the Tennessee Lawyers Assistance Program, engage an accountant to reconcile her trust account, and attend the Board of Professional Responsibility’s Trust Account Workshop.

Posted by: Kate Prince on May 27, 2021

The sponsor of Tennessee’s new transgender bathroom law is now saying that owners and officials who do not comply with the law could be hit with a class B misdemeanor, the Associated Press reports. Although the bill’s sponsor, Rep. Tim Rudd, R-Murfreesboro, previously told lawmakers the measure did not contain penalties, he now claims they were inserted into a chapter of existing building code law that already penalizes a number of violations. Nashville District Attorney Glenn Funk earlier this week announced he would not enforce the new law, which requires businesses and government facilities to post signs if they let transgender people use the bathroom of their choice. According to the Tennessean, Rep. John Ragan, R-Oak Ridge, called Funk’s remarks "more than marginally offensive to the concept of constitutionally ordered government." In a letter to Funk on Tuesday, Ragan asked the DA to promptly confirm whether his remarks were accurately reported.

Posted by: Kate Prince on May 27, 2021

Lewis Thomason special counsel, Michael Goode, was appointed to the American Bar Association’s Standing Committee on International Trade in Legal Services earlier this month. The committee monitors the General Agreement on Trade in Services (GATS) and other international trade negotiations involving the U.S. and the provision of legal service. It also educates and engages with entities interested in the status of the GATS and provides feedback to the ABA. Goode is a TBA member and works in the Nashville office of Lewis Thomason. He is a member of the TBA’s Estate Planning & Probate and Immigration Law sections and currently serves as chair of the International Law & Practice Section and vice chair of the Tax Law section. Read more about his appointment from Lewis Thomason.

Posted by: Kate Prince & Jarod Word on May 27, 2021
News Type: TBA CLE

Mark your calendar for the TBA LGBT Section’s Annual Forum 2021 on Sept. 17 from 10 a.m. until 2:30 p.m. CDT. This year’s program will focus on political concerns for Tennessee’s LGBT community, including an advocacy panel that will address how to become more involved locally in the fight for equal justice, how to build a grassroots movement and more. The section also will host a booth at the Nashville Pride Festival to answer basic questions and provide attendees with relevant resources. If you are interested in volunteering to assist at the festival, please contact section coordinator Jarod Word.

Posted by: Stacey Shrader Joslin on May 26, 2021
News Type: Legal News

The Memphis Bar Association announced today that it has named Mary Ann Upchurch as its new executive director. Upchurch has over 24 years of experience in nonprofit leadership, previously serving as a senior executive for the American Cancer Society where she was responsible for managing an eight-state region across the south. She also served as vice president of community engagement and state vice president for Tennessee and Alabama. Upchurch is a native of West Tennessee. She graduated from the University of Tennessee at Martin with a degree in communications and public relations. 

Posted by: Stacey Shrader Joslin on May 26, 2021
News Type: Wellness Wednesday

Lawyers seldom feel that they can take a work-free vacation. Tight deadlines, understaffed projects, overpromised clients, and a culture that shuns vacation takers are often to blame, leading to increasingly longer hours for attorneys. And while employers may encourage lawyers to disconnect while they are away, encouragement may not be enough. A new article from Bloomberg Law argues that employers must go further by structuring firms and legal departments in a way that allows lawyers to take time off without having to manage work-related tasks while away. Designing a practice that allows for more vacation time may also make the workplace less stressful when lawyers are back in the office. The article offers four practical suggestions for how to better plan for truly disconnected vacations.

Posted by: Stacey Shrader Joslin on May 26, 2021
News Type: Legal News

The Madison County Juvenile Court has announced new plans for an expansion of its juvenile detention center, including a mental health program, WBBJ-TV reports. Juvenile Court Judge Christy Little says the idea is to help families have all the resources they need in one place. Little also says the mental health program is vital with 99% of the children appearing before her having a mental illness of some kind. She hopes these services will keep more juveniles out of the courtroom. The court plans to present the expansion to elected officials on June 11.

Posted by: Stacey Shrader Joslin on May 26, 2021
News Type: Upcoming

The Memphis Lawyers’ Chapter of the Federalist Society is hosting a free virtual program on June 3 at 11:30 a.m. CDT with Dr. John S. Baker, professor emeritus at Louisiana State University Law School and visiting professor at Peking University School of Transnational Law. Baker will speak on the topic "The Anti-Federalists and the Debate Over the U.S. Constitution.” Register online or by contacting Greg Grisham, 901-333-2076.

Posted by: Jarod Word on May 26, 2021

Several Hamilton County officials have floated the idea of appointing the widow of the late Rep. Mike Carter to fill his House seat until a special election can be held, the Times Free Press reports. Commissioner Sabrena Smedley recommended the appointment of Joan Carter noting that she has already agreed to serve. Others objected based on the timing of the move. But commission Chair Chip Baker said it was important to get an appointment made soon given the possibility that Gov. Bill Lee will call the General Assembly back for a special session. Baker said he would like to fill the seat so someone is "available to represent the citizens of the 29th legislative district" during those proceedings.

Posted by: Stacey Shrader Joslin on May 26, 2021
News Type: Legal News, Your Career

The Trial Court Vacancy Commission is accepting applications for a circuit court judge in the 7th Judicial District, which covers Anderson County. The vacancy will be created by the July 2 retirement of Judge Donald R. Elledge. Applicants must be licensed attorneys who are at least 30 years of age, have been residents of the state for five years and are residents of the district. Interested individuals must submit an application and waiver by noon on June 8. Complete instructions are posted online. The commission will hold a hearing on July 16 at 9 a.m. EDT to review applicants.


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