The medical license of state Sen. Joey Hensley, a doctor in Hohenwald, was put on probation last year after he admitted to writing 47 prescriptions for a second cousin with whom he was in a sexual relationship. At a disciplinary hearing before the Tennessee Board of Medical Examiners in October 2020, Hensley said under oath that the relationship lasted 10 weeks, so the board only disciplined him for two prescriptions that fell within that time frame. According to The Tennessean, transcripts and depositions obtained by the paper indicate the relationship lasted “years, not months.” These documents “raise consequential questions about whether the senator was honest while testifying at his discipline hearing last October,” the paper writes. Hensley, who has served in the General Assembly since 2003, declined to comment on the allegations.

Hamilton County District Attorney Neal Pinkston reportedly hired his brother-in-law, Kerry Clewell, to serve as a criminal investigator on a high-profile case although state personnel records indicate Clewell is a secretary, the Times Free Press reports. The case involves the disappearance of now-17-year old Daphne Westbrook, who has been missing since October 2019. Westbrook’s mother says she has been working with Pinkston and Clewell and “can't thank them enough for what they've done.” The district attorney's office says the state records are wrong and Clewell is an investigator. The paper says the discrepancy in paperwork “is one of many unanswered questions that have arisen after last week's revelations … about Pinkston employing relatives in his office.”

Memphis police officer Patric Ferguson, who was accused of killing a man in the back of his squad car and disposing of the body earlier this year, has been indicted on first-degree murder, Shelby County District Attorney General Amy Weirich announced today. Ferguson was also charged with especially aggravated kidnapping, tampering with evidence, abuse of a corpse, official misconduct and official oppression. He is being held without bond. Investigators said that Ferguson went to the home of Robert Lee Howard Jr. on Jan. 6, abducted him at gunpoint and killed him. Ferguson then left the body in one location but later moved it to another location, where it was recovered on Jan. 10.

Above the Law will host a free webinar next Monday on the basics of non-fungible tokens, known as NFTs. The program will address what NFTs are as well as an array of legal issues that can arise with their usage, including securities laws, money laundering laws, financial regulatory issues, patents and other intellectual property protections, licensing, monitoring and enforcement. James Gatto with Sheppard Mullin LLP, who has been involved with blockchain technology since 2012, will speak and take questions. Register here.

U.S. District Judge Eli Richardson last week denied a landlord’s request for a temporary restraining order to block a Consumer Financial Protection Bureau rule requiring debt collectors and lawyers who file eviction cases to notify renters of their eligibility for relief under the federal eviction moratorium. Richardson said such an order was not necessary since the U.S. 6th Circuit Court of Appeals previously refused to stay a district court decision that found the ban unconstitutional. If the ban is not binding in Tennessee, the need to give notice is moot, he argued, according to Reuters. But he cautioned that the appeals court decision is not final and his comments should be considered as "dicta" and not be interpreted to give landlords "cover" for ignoring the notification rule.

Nobody wants to be THAT person. Learn how to avoid diversity, equity and inclusion faux pas during a live webcast with Kansas City, Missouri, attorneys Keith and Dana Cutler next Thursday beginning at 1 p.m. CDT. The Cutlers will define and explain the concepts of microaggressions, non-binary bias, implicit biases and allyship, and share ideas for increasing diversity, equity and inclusion in your work environment and the legal profession. The couple are partners in the law firm of James W. Tippin & Associates where they practice civil defense litigation, education law and small business representation.

President Joe Biden took executive action yesterday designed to ensure minorities, low-income Americans and others have better access to quality legal representation after services dwindled during the Trump administration, the Associated Press reports. Biden signed a memorandum directing Attorney General Merrick Garland to submit a plan within 120 days to restore the key functions of the Access to Justice Office, which was created in 2010 and has worked on issues such as criminal indigent defense, enforcement of fines, language barriers in the courts and civil legal aid. The office was shut down by the Trump Justice Department in 2018. The order also directs Garland to reestablish the White House Legal Aid Interagency Roundtable and task the group with examining the impact the COVID-19 pandemic has had on access to justice. WMC Action News 5 has more on the story.

A new study finds that depression symptoms, anxiety and stress are higher in women attorneys since the pandemic, the ABA Journal reports. The report also finds that a larger percentage of women than men are engaging in risky or hazardous drinking, and one in four women have considered leaving the profession due to mental health concerns. Causes identified include disparity in power in the workplace, disparity in promotions and pay, discrimination and lack of opportunity. The study was conducted by a University of Minnesota psychiatry professor and a lawyer who also is a licensed and board-certified alcohol and drug counselor. The pair write about their findings in “Stress, drink, leave: An examination of gender-specific risk factors for mental health problems and attrition among licensed attorneys.” Related, another recent survey from legal recruiter Major, Lindsey & Africa found about one in five respondents have not been satisfied with how their firm has supported parents during the pandemic. Westlaw has more on that study.

The 2021 TBA Annual Convention, presented this year as both an in-person and virtual event, will offer two roundtables for attendees to learn more about important issues affecting the practice of law. On Monday, June 14, at 3 p.m. CDT, TBA President-elect Sherie Edwards will moderate a discussion between Tennessee Supreme Court Justice Sharon Lee, Nashville lawyer and former TBA president Jackie Dixon with Weatherly & Dixon, and retired Memphis lawyer and former TBA president Bill Haltom, who will share their experiences and thoughts on the topic of civility in the legal profession. Then on Tuesday, leaders will discuss the TBA’s new Law Practice Management Center, which offers resources for launching, building and leading a firm. Make plans now to join your colleagues for these sessions and bring your questions and your own stories to share!

A new survey from insurance broker Ames & Gough has found that legal malpractice payouts are the highest on record, the ABA Journal reports. The survey, which asked 11 leading legal malpractice insurers about claims paid from 2019 to the middle of 2020, found that, although payouts surged, the number of claims stayed the same or decreased for nine of the 11 insurers. The 11 insurers surveyed provide insurance to 80% of the top-grossing law firms in the United States. The largest number of claims stem from three practice areas: trusts and estates, business transactions, and corporate securities. According to Ames & Gough, claims for trusts and estates work are increasing as the baby boomer generation ages, and court decisions allow third parties to sue law firms for work on behalf of a client.