The Tennessee Supreme Court today suspended Albert Fitzpatrick Officer III from the practice of law for six years, with six months active suspension and the remainder on probation. Officer is ordered to continue his monitoring agreement with the Tennessee Lawyers Assistance Program, engage the services of a practice monitor, pay restitution in the amount of $1,250 and reimburse the board for all costs in the disciplinary proceeding. Officer pleaded guilty to the amended criminal charge of misdemeanor DUI. He also failed to take action to prosecute or advance a client’s case, failed to advise his client in a matter that had been appealed, failed to file appellate responses resulting in the court removing him as the attorney of record, failed to deposit client funds into his trust account and appeared in court representing his clients while administratively suspended.

House Speaker Cameron Sexton, R-Crossville, and Lt. Gov. Randy McNally, R-Oak Ridge, have filed a rare, joint bill aimed at cracking down on legislators doing business with the state, the Tennessean reports. If passed, HB1040/SB798 would prevent legislators with political consulting companies from billing other members' state postage and printing accounts for constituent update mailers, which multiple lawmakers have recently done. The measure comes after an FBI raid on the homes and offices of Rep. Glen Casada, R-Franklin, Rep. Robin Smith, R-Hixson, and Rep. Todd Warner, R-Chapel Hill, over their dealings with campaign marketing businesses.

A measure that would declare racism a “public health threat” has passed through Tennessee House committees and is now ready for a floor vote, the Tennessean reports. House Joint Resolution 10 (HJR10), sponsored by Rep. Antonio Parkinson, D-Memphis, cites the policy adopted by the American Medical Association (AMA) last year, which refers to racism as such and commits itself to "dismantling racist policies and practices across all of health care." The resolution ends by saying the General Assembly will "commit ourselves to openly and honestly addressing racism to end areas of disparity and inequity." It passed on a voice vote.

Conservatorships have been a trending topic recently due to the “Framing Britney Spears” documentary, which highlights the pop star’s conservatorship and the movement advocating for its end. However, as Director of the Metro Nashville Office of Conservatorship Management (OCM) Amy Bryant writes in an opinion published by the Tennessean, “Conservatorships in Davidson County do not play out the way they do in the movies.” In the article, Bryant breaks down how conservatorships are handled in Nashville, including the proof needed to establish them and the layer of oversight and protection that the OCM provides those who are subject to conservatorship. Bryant is the 5th District Governor on the TBA’s Board of Governors and the chair of the Public Education Committee. She’s a member of the Elder Law and Estate Planning & Probate sections and a member of the TBA Leadership Law Class of 2019.

Attorney General Herbert Slatery has filed suit against health management organizations Care Services Management and Marquis Mobile Dental Services for making false TennCare claims. According to the state, the defendants targeted residents at long-term care facilities, who were receiving Medicaid assistance and were eligible for healthcare expense deductions, like dental care, from the payment of their facilities. Those deductions resulted in TennCare paying for a larger portion of the long-term care. In exchange for referrals, the defendants also provided free administrative services to the LTC facilities and free dental services for some of their residents, constituting an illegal kickback arrangement. The state is seeking damages and the maximum civil penalty for each violation. The AG’s website has more.

Legislation that would eliminate the professional privilege tax today cleared the House Finance, Ways and Means subcommittee.  HB519/SB884 must now be considered by both the House and Senate Finance Committees. TBA Director of Public Policy and Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley discuss the matter on today’s episode of the TBA Legislative Updates podcast. The pair also talk about this week's failure of HR23, which sought to remove Chancellor Ellen Hobbs Lyle from the bench, and additional TBA-sponsored legislation. A new episode of Legislative Updates drops every Thursday and can be found on the TBA’s Facebook page or anywhere you listen to podcasts. 

Register now for the TBA Litigation Law Ethics Forum set for March 30 from 9 a.m. until noon CDT. The program will feature commentary and analysis of litigation and other concerns about vaccines and COVID-related issues in the workplace, a discussion on access to justice issues exacerbated by the pandemic and an examination of the tricky ethical issues that arise when mixing jurors, jury selection and social media. Members of the Litigation Section can purchase the program at a discounted price. Not a section member? Join today!

TBA CLE will host Real Estate Concerns in Elder Law on March 23 from 11 a.m. until noon CDT. This live virtual event will be led by Barbara Moss from Elder Law of Nashville and George Mudter of Mudter, Patterson & Cox PLLC, who will discuss the intersection of elder and real estate laws, including, best practices, common concerns and more.

Lawyers can practice law virtually but must ensure that they consider various ethical responsibilities related to the duties of competence, diligence, communication, confidentiality and supervision, according to a new opinion released today by the ABA’s Standing Committee on Professional Responsibility. Formal Opinion 498 calls for lawyers to stay informed about the benefits and risks of relevant technology and recognize the limitations of virtual practice. The rule requires that lawyers continue to follow other ethics rules related to practicing law, including pursuing client matters without unnecessary delay, keeping clients informed about their cases, ensuring confidentiality of client information, and supervising subordinate lawyers and nonlawyer assistants. Finally, the opinion notes that it does not address issues involving interstate virtual practice or the unauthorized practice of law. Read more from the ABA Journal.

Memphis lawyer Kevin Weaver, chair of the TBA Adoption Law Section, testified today before the House Children & Family Affairs Subcommittee on the section’s bill HB200. The bill, sponsored by committee chair Mike Carter, R-Ooltewah, expands the factors a court may consider in determining whether termination of parental rights is in the best interest of the child, among other things. The panel approved the bill, which will be heard next week by the House Civil Justice Committee. The Senate version, SB205, sponsored by Sen. Ferrell Haile, R-Gallatin, has been referred to the Senate Judiciary Committee.