TBA Law Blog


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Posted by: Stacey Shrader Joslin on Feb 5, 2021

The Tennessee Supreme Court on Friday unanimously upheld an appeals court decision that had reversed the Shelby County Chancery Court’s decision to terminate a father’s parental rights. The high court said the trial court relied on legal errors and insufficient evidence; misapplied the missing witness rule and doctrine of unclean hands; and wrongly found that the father’s failure to support and visit his child was willful. The court had accepted the case on appeal by the mother and stepfather but dismissed their petition for termination of rights saying they did not meet their burden of proof on abandonment. Read more from the court.

Posted by: Liz Slagle Todaro on Feb 5, 2021
News Type: Black History Month

As a part of Black History Month, the TBA is highlighting the work of Black attorneys in Tennessee, both past and present, and celebrating the ways in which they have helped shape the bar and legal community. Watch for stories each week.

In 1960, students across Tennessee engaged in lunch counter sit-ins to protest racial segregation. These non-violent demonstrators brought national attention and helped make tangible change; within a few months, Nashville became the first major city in the South to desegregate public facilities. A group of Tennessee lawyers who shared the students’ courage and determination stepped up to represent those who were arrested, risking danger and condemnation to do their job for a cause they believed in. The Black attorneys who played a vital role in the historic Tennessee sit-ins were Emmett Ballard, A.A. Birch, Coyness L. Ennix Jr., Benjamin Hooks, Robert Lillard, H.T. Lockard, Z. Alexander Looby, Russell B. Sugarmon and Avon Williams Jr., among others. Read more about these Civil Rights Movement heroes in Suzanne Robertson’s article “When ‘Courage Superseded Fear’” from the May 2010 Tennessee Bar Journal.

Posted by: Stacey Shrader Joslin on Feb 5, 2021
News Type: BPR Actions

Davidson County lawyer Judson Wheeler Phillips was permanently disbarred yesterday by the Tennessee Supreme Court. The court said that Phillips consented to the disbarment because he could not “successfully defend himself against the charges” alleged in the petition for discipline.

Posted by: Stacey Shrader Joslin on Feb 5, 2021

Several legal groups in East Tennessee are joining forces to hold a virtual pro bono debt relief clinic on March 13. The event will begin at 9 a.m. EST with a presentation by U.S. Bankruptcy Judge Suzanne Bauknight on the pros and cons of bankruptcy and other options available. Clients and volunteer attorneys will then be assigned to breakout rooms for an initial consultation. Volunteer attorneys should have a basic understanding of bankruptcy considerations and exemptions but if the attorney determines the client would benefit from bankruptcy, the client will be referred to a bankruptcy lawyer. Malpractice coverage will be provided. Please let Emily McLaughlin know if you are willing to volunteer and you will be sent a registration form. Sponsors of the event include the Chattanooga Federal Bar Association, Northeast Tennessee Federal Bar Association and TBA Young Lawyers Division.

Posted by: Stacey Shrader Joslin on Feb 5, 2021
News Type: Legal News

The ninth annual Court Reporting & Captioning Week begins tomorrow and runs through Feb. 13. The event, sponsored by the National Court Reporters Association, brings together court reporters, captioners, schools and the legal industry to highlight the important role court reporters and captioners play in and out of the courtroom. This year, the group is highlighting its embrace of technology and flexibility in pivoting to remote work during the pandemic. It also will use activities to recruit new workers to fill vacancies in the profession. Read more in a release from the group.

Posted by: Stacey Shrader Joslin & Jarod Word on Feb 5, 2021
News Type: TBA CLE

The TBA’s highly regarded Estate Planning & Probate Forum will take place on Friday as a virtual program. Make plans now to join your colleagues for legislative and ethics updates, a clerk and masters’ panel, a review of anticipated tax changes from the new Biden administration, and sessions on trust modifications and decanting. The program will offer six hours of CLE, including one hour of dual credit.

Posted by: Kate Prince on Feb 4, 2021
News Type: Legal News

Memphis’ Group Violence Intervention Program has announced a new partnership with New York City nonprofit Local Initiatives Support Corp. (LISC), the Daily Memphian reports. LISC was founded in 1979 and is known for connecting community organizations to grants and other public and private financing in 35 other cities. The partnership is one of several promised for the initiative by Mayor Jim Strickland’s administration. The program starts as a four-person office and a budget of about $2 million. It is designed to intervene in violent crime by working with those most likely to be the victims of such violence and those most likely to use such violence. The four-person staff will be led by former Juvenile Court Clerk Joy Touliatos.

Posted by: Kate Prince on Feb 4, 2021
News Type: Congressional News

U.S. Rep. Jim Cooper’s wife, Martha Cooper, died today after a years-long battle with Alzheimer’s disease, the Tennessean reports. She was 66. The Coopers were married for 35 years and share three children, according to an obituary written by the congressman. Davidson County District Attorney General Glenn Funk extended his condolences, commenting that the grace and dignity "she shared with all Tennesseans throughout her life should serve as an inspiration and example to us all.” A private ceremony will be held for family only due to the COVID-19 pandemic.  

Posted by: Kate Prince on Feb 4, 2021
News Type: Your Career

The U.S. Attorney’s Office for the Western District of Tennessee has announced vacancies for student trainees in its Memphis and Jackson offices. The positions are part-time and provide general office support to one or more professional, program or technical staff members in the U.S. Attorney's Office. Students must be taking at least a half-time academic, vocational or technical course load leading to a degree, diploma or certificate and must have at least a 2.5 GPA. The announcement will close on Feb. 17. Apply online.

Posted by: Kate Prince on Feb 4, 2021
News Type: Upcoming

The Nashville Bar Association and the Nashville Bar Foundation will host their annual golf tournament on May 13 at the Hermitage Golf Course. Range balls will be available at noon ahead of the shotgun start at 1 p.m. CST. Dinner will be served and prizes will be awarded to teams and individuals at the conclusion of play. Register online.  


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