TBA Law Blog


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Posted by: Stacey Shrader Joslin on Feb 10, 2021
News Type: Wellness Wednesday

Knoxville lawyer Terry G. Adams recently penned a piece for the News Sentinel suggesting that every crisis — whether it is a personal or professional situation – offers new opportunities. He focuses on several critical elements that are key to not just surviving, but succeeding in, a business-related crisis. He suggests developing a business continuity plan and establishing a crisis management team with legal, communications and technology experts. When a crisis hits, he urges leaders to (1) not panic, (2) clearly analyze the situation, and (3) actively seek out innovations and efficiencies made possible by the crisis. He warns against catastrophic thinking or ruminating about irrational worst-case outcomes. This is unhelpful in every case and can also become a self-fulfilling prophecy, he concludes.

Posted by: Stacey Shrader Joslin on Feb 10, 2021
News Type: BPR Actions

Benton County lawyer Phillip Gordon Hollis received a censure from the Tennessee Supreme Court on Feb. 9. The court found that Hollis failed to provide notice of his March 2020 administrative suspension to clients, opposing counsel and the courts. He also failed to appear for a scheduled court hearing and informed the court that he had provided written notice of his suspension. When asked by the court to provide copies of these notices, Hollis could not. He later acknowledged he had not sent the letters. His actions violated Rules of Professional Conduct 1.3, 1.4, 1.16(d), 3.2, 3.3, 3.4(c) and 8.4(a)(c)(d).

Posted by: Stacey Shrader Joslin on Feb 10, 2021
News Type: BPR Actions

Williamson County lawyer Bradley Michael Carter was reinstated to the practice of law today after four months of active suspension. He will serve two years on probation. The court also appointed Franklin lawyer Patricia McDade to serve as a practice monitor for the duration of the probation.

Posted by: Stacey Shrader Joslin on Feb 10, 2021
News Type: Legal News

The Justices Brock-Cooper Chapter of American Inns of Court recently donated $14,650 to the Ronald McDonald Charities of Greater Chattanooga. Members of the chapter presented the funds to CEO Jane Kaylor, who said the resources will be used to support the Ronald McDonald House and the Ronald McDonald Family Room at the Children’s Hospital at Erlanger. Funds were raised through a charity auction hosted and attended by Inn members and through private donations. Lawyers and judges also donated items for the auction. Chattanoogan.com has more on the story.

Posted by: Stacey Shrader Joslin on Feb 10, 2021

The Legal Services Corporation is asking Congress to earmark up to half a billion dollars to keep funding free civil legal aid to low-income Americans during a time when legal assistance is badly needed to weather the impact of the pandemic. LSC President Ronald S. Flagg said the organization has asked the House Appropriations Committee to include an amount between $350 million and $500 million in the next COVID-19 relief package. Congress appropriated $50 million for the LSC in the 2020 CARES Act. Flagg says that funding was helpful but not nearly enough to keep up with increased demand for services in recent months. The HEROES Act, passed in December 2020, did not include funding for the organization.

Posted by: Stacey Shrader Joslin on Feb 10, 2021
News Type: Upcoming

The University of Memphis School of Law will hold its 2021 Diversity & Pre-Law Week from Feb. 22 to 26. The week is designed to celebrate and promote the importance of diversity, equity and inclusion at the school; highlight diverse student experiences and organizations; and provide valuable information about the law school admissions process and legal careers. This year’s program theme is “Still I Rise,” which also confronts the challenges that diverse and first-generation students can face in the law school admissions process and beyond.

Posted by: Stacey Shrader Joslin on Feb 10, 2021
News Type: TBA CLE

The TBA’s Animal Law Forum, rescheduled from 2020 to this spring, has been postponed due to ongoing concerns about in-person events. The program will be rescheduled when it is safe to again gather in person. The unique program, traditionally held at the Nashville Zoo, features sessions on conservation efforts, laws governing the procurement of animals, care for zoo animals, and ethical and legislative updates. Watch for a new date coming soon.

Posted by: Kate Prince on Feb 9, 2021

A wave of federal judges have announced their departures in recent weeks, creating a growing number of vacant seats in the federal judiciary, The Hill reports. There are currently 57 vacancies in the federal district and appellate courts and another 20 seats that will become vacant in the coming months. At least 25 of those vacancies were announced after President Joe Biden’s inauguration on Jan. 20. Data suggests that the administration of former President Donald Trump was one of the most prolific in the modern era regarding judicial confirmations. Within four years, Trump successfully appointed 226 judges to the federal bench, including three Supreme Court justices, 54 appeals court judges and 174 district court judges, according to the Pew Research Center. He lags behind only former President Carter in terms of the total number of judicial appointments in any recent president’s first four years. President Reagan, who appointed four Supreme Court justices in eight years, is the only recent president who left a larger footprint on the high court.

Posted by: Kate Prince on Feb 9, 2021

The Beacon Center of Tennessee, a conservative think tank and supporter of Gov. Bill Lee’s voucher program, yesterday asked the state Supreme Court to allow the program’s application process to begin, the Tennessean reports. The high court last week agreed to hear an appeal of the controversial program, which was ruled unconstitutional last summer. The new filing asks the justices to modify a lower court order blocking the program's launch and allow schools to begin the application and administrative process as soon as possible. Attorneys for the Beacon Center say the move would "preserve the effectiveness" of the court's judgement in their favor, should such a ruling come down. Shelby and Davidson counties have yet to file a response to the new request to open applications.

Posted by: Kate Prince on Feb 9, 2021

Owners of Nashville restaurant Jonathan's Grille last week lost a lawsuit against the city in federal court, after a judge ruled the restaurant had failed to prove that Metro’s COVID-19 restrictions violated their rights under both U.S. and state constitutions, the Tennessean reports. The lawsuit was filed in September by the restaurant's owners, claiming they and other restauranteurs have faced "economic devastation" from the restrictions on capacity imposed by public health orders that they feel are "vague." The case was dismissed without prejudice, leaving the door open for the suit to be refiled if the owners choose. This is the first major ruling in a series of lawsuits the owners have filed or joined regarding Metro Nashville's restrictions on downtown venues. Jonathan’s Grill has been cited at least eight times—the most of any business in the city—for COVID-19 violations that include patrons not wearing a mask, packed bar seats and improper social distancing.


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