TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 14, 2021
News Type: Legal News

A Murfreesboro man is the 10th Tennessean arrested by FBI agents on charges related to the January riot at the U.S. Capitol, WPLN reports. Authorities provided images that show Michael Lee Roche inside the Senate Chamber standing next to one of the most high-profile people arrested, Jack Angeli — a demonstrator who calls himself the “Q Anon Shaman” and who was widely seen shirtless and wearing a headdress. Roche is facing seven misdemeanor charges. In related news, a few weeks ago, U.S. District Judge Royce Lamberth ordered the release of Eric Munchel (the "zip-tie guy") and his mother Lisa Marie Eisenhart after prosecutors decided to drop efforts to keep them locked up. The release order reinstated conditions ordered in January by Nashville Magistrate Chip Frensley, including home detention and electronic monitoring. News Channel 5 has more on that story.

Posted by: Stacey Shrader Joslin on Apr 14, 2021
News Type: BPR Actions

The law license of Knox County lawyer Stephen Alexander McSween was transferred to disability inactive status yesterday. McSween may not practice law while on inactive status. He may return to the practice of law after reinstatement by the Tennessee Supreme Court upon showing that his disability has been removed.

Posted by: Stacey Shrader Joslin on Apr 14, 2021
News Type: BPR Actions

The Tennessee Supreme Court issued a public censure for Knox County lawyer Terrill Lee Adkins yesterday. The court found that Adkins agreed to represent a defendant in a pending product liability trial while an attorney in his office had previously been involved in the same matter at a law firm that still represented the plaintiff. Though Adkins attempted to put screening procedures in place, the court ruled that the such procedures would not avoid the imputed disqualification of the firm under Rule 1.10(d). In another case, the court found that Adkins drafted a subpoena that contained “crass, sexist language.” These actions resulted in harm to the client and prejudice to the administration of justice, and violated Rules of Professional Conduct 1.10(d), 8.4(d) and 4.4.

Posted by: Stacey Shrader Joslin on Apr 14, 2021

With coronavirus vaccinations expanding nationwide to all adults this month, business leaders are anticipating an acceleration in the return to the office. Kastle System’s Back to Work Barometer is tracking this phenomenon in 10 major cities across the country. The group’s latest review shows that the legal industry’s return to the office is exceeding the average for other industries by as much as 10%. The head of the security and safety company says law firms are citing many factors that have made remote work more challenging, including paper heavy office systems and being slower to adopt new technologies. The director of the Association of Legal Administrators says she is hearing from members that law firms are returning to the office more quickly due to concerns about using virtual platforms to onboard new employees and train new associates. Read more from the company.

Posted by: Kate Prince on Apr 13, 2021

The TBA’s Tax Law Section will host Tax Law CLE Series 2021: Update on CARES Act, PPP Round 2, ERC, and Other Abbreviations We Hoped We Would Never Need on May 12 from noon until 1 p.m. CDT. Get current updates on issues regarding the tax related COVID-19 relief measures currently in place. Register for this virtual program using the three prepaid CLE credits you receive when renewing your TBA membership.

Posted by: Jarod Word on Apr 13, 2021

The Tennessee Senate Judiciary Committee is set to consider a bill seeking harsher sentences for minors convicted of sex crimes, the Commercial Appeal reports. Under HB0323/SB0220, TCA Title 37, Chapter 1, Part 1 and Title 39, Chapter 13, would be amended to allow judicial discretion on placing juveniles convicted of rape and aggravated rape into the custody of the Department of Children's Services for a period of one year. Sponsored by Rep. Jason Hodges, D-Clarksville, and Sen. Bill Powers, R-Clarksville, the proposed amendment comes in response to a case where the parents of a minor in these lawmakers’ district were forced to endure laughter and lack of remorse from the 13-year-old offenders in a court hearing regarding the recorded rape of their daughter. Rep. Hodges commended the girl’s courage, saying: "being able to come out and talk about (the rape), knowing that it's not going to change her circumstances, but being willing to do it to change somebody else’s ... that just makes her a hero in this story.” The House passed its version of the bill last week by a vote of 91-0.

Posted by: Jarod Word on Apr 13, 2021
News Type: Legal News

Attorneys with the Southern Poverty Law Center and the Civil Rights Corps have threatened to sue Knox County over its pretrial bail practices, the Knoxville News Sentinel reports. In a letter sent to county officials, the organizations say they will file a lawsuit if the municipality's judges continue using pretrial monetary bonds to secure release of accused criminals, arguing it is a violation of their constitutional rights and tantamount to jailing those who are "unable to purchase their freedom.” The nonprofits recently won a similar suit in Hamblen County where a judge was ordered to cease the practice. Knox County’s five General Sessions judges have issued a statement regarding the lawsuit, saying “All of the Knox County sessions judges are committed to protecting the constitutional and statutory rights of every person who is accused at every stage of the criminal justice process, as well as victims and witnesses … We have and will continue to examine and re-examine our processes to ensure that we handle bonding matters (and every matter) in a way that is fair and just under the law.”

Posted by: Kate Prince on Apr 13, 2021
News Type: Legal News

Gov. Bill Lee this week presented his annual budget amendment to legislators, the Tennessean reports. The amendment includes a $42.6 billion spending plan featuring several additional programs and initiatives. $16 million of that plan is allotted to reduce the professional privilege tax by 25%, which would result in attorneys paying $300 per year, instead of the current $400. The TBA will continue to lobby the legislature to eliminate the tax entirely. Additionally, the spending plan would be used to offset two weeks of tax-free meals at restaurants and tax-free groceries in Tennessee. TNJ: On the Hill has a full breakdown of the governor’s plan.

Posted by: Kate Prince on Apr 13, 2021
News Type: Passages

Memphis attorney Warner Hodges died April 10 at his home in Germantown. He was 99. Hodges attended Vanderbilt University Law School on the GI bill, earning his law degree in 1949. After several years of private practice, he was appointed as an assistant U.S. District Attorney for the Western District of Tennessee and was later appointed as the U.S. District Attorney by President Eisenhower. He returned to private practice in 1961, becoming a prominent defense attorney in Memphis. Visitation will be held tomorrow at 1 p.m. CDT at the Memphis Funeral Home, 5599 Poplar Ave., followed by a service at 2 p.m.

Posted by: Kate Prince on Apr 13, 2021
News Type: Legal News

Former TBA president and Adams and Reese attorney Lucian Pera has been appointed to serve on the Leadership Council of the Legal Services Corporation (LSC). The council is comprised of legal, corporate and academic professionals from across the country who work to raise national public awareness of the justice gap and the need for increased civil legal aid. Pera is a partner at the Memphis office of Adams and Reese where he practices in civil trial work, including commercial litigation and media law, and counsels lawyers, law firms, and others on questions of legal ethics and the professional responsibility of lawyers. He served as president of the TBA during the 2017-2018 bar year. LSC is a nonprofit corporation that promotes equal access to justice and provides grants for high-quality civil legal assistance to low-income Americans.


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