TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jan 21, 2021
News Type: Passages

Former Grundy County General Sessions and Juvenile Judge Ford Nelson Layne died Jan. 18. He was 71. A 1981 graduate of the Nashville School of Law, Layne established a private practice in Tracy City and served there for almost 40 years. In addition to practicing law, he also was a teacher and truancy officer and a juvenile court referee. He served as general sessions judge from 1990 to 1998 and as juvenile court judge from 1998 to 2006. Before attending law school, Layne earned a degree in education and a master of education, both from the University of Tennessee at Chattanooga. Funeral services will be held tomorrow at 1 p.m. CST at Foster & Lay Chapel with burial immediately following at Hobbs Hill Cemetery, both in Tracy City. The family will receive friends from 6 to 8 p.m. tonight at the funeral home.

Posted by: Stacey Shrader Joslin on Jan 21, 2021

U.S. Rep. David Kustoff announced on Tuesday that he had come into close contact with someone who tested positive for COVID-19. Kustoff tested negative in a test administered on Monday and is now quarantining consistent with the recommendations of the attending physician of the U.S. Congress.

Posted by: Stacey Shrader Joslin on Jan 21, 2021
News Type: Passages

Johnson City lawyer T. Craig Smith died Jan. 8 at 54. A 2003 graduate of the Nashville School of Law, Smith practiced as a criminal law attorney in Nashville and Johnson City. He also served in the Tennessee National Guard with the 176th Maintenance Battalion and served with his unit during Operation Desert Storm. A committal service with military honors was held last week at Tetrick Funeral Services in Johnson City. Memories and condolences may be shared at www.tetrickfuneralhome.com.

Posted by: Stacey Shrader Joslin & Chelsea Bennett on Jan 21, 2021
News Type: TBA CLE

The 2021 Virtual Construction Forum is on tap for tomorrow. This year's forum includes an in-depth analysis of recent construction legislation, including important changes to the Prompt Pay Act and construction lien laws; sessions on remote hearings, depositions and mediations; and a review of ethical considerations for navigating virtual court proceedings. The half-day program offers four hours of CLE credit, including one hour of dual credit.

Posted by: Stacey Shrader Joslin on Jan 20, 2021
News Type: BPR Actions

Nashville lawyer Lawrence Buford Hammet II received a public censure from the Tennessee Supreme Court today. The court found that Hammet withdrew disputed funds from his client trust account and paid himself a fee that exceeded the amount his client allegedly agreed on. The client filed a civil suit against Hammet that was appealed after trial. The appeals court found that Hammet failed to keep the disputed funds in his trust account until the dispute was resolved and that he improperly calculated his fees which were unreasonable. The appeals court awarded judgment to the client in the amount of $67,335.69 and remanded the case to the trial court for a determination of pre-judgment interest. The trial court subsequently awarded pre-judgment interest of $22,092.10. As a condition of the censure, Hammet must satisfy the judgments against him on or before Jan. 19, 2021. His actions were determined to violated Rule of Professional Conduct 1.5 and 1.15(e).

Posted by: Stacey Shrader Joslin on Jan 20, 2021
News Type: BPR Actions

Hamilton County lawyer Wilfred Shawn Clelland received a public censure from the Tennessee Supreme Court today. In 2017, Clelland settled a client’s personal injury claim and received settlement funds, but the proceeds were subject to outstanding medical bills and/or liens. The court found that Clelland performed little, if any, work in negotiating the liens for over three years, and (1) failed to provide updates to the client, (2) held settlement funds in his IOLTA account for three years, and (3) provided false or misleading statements to his client. These actions violated the following Rules of Professional Conduct: 1.3, 1.4 (a)(3), 1.15 and 8.4.

Posted by: Stacey Shrader Joslin on Jan 20, 2021
News Type: Passages

Charles “Chuck” Edward Racine of Gallatin died Dec. 28 at 83. Originally from Chicago, Racine earned his law degree from the University of Toledo Law School in 1967 and started his career with the former First National Bank of Toledo. He and his family later moved to Gallatin where he opened a private practice. A private family interment was conducted in Toledo. A celebration of life service will be held Jan. 28 at 11 a.m. CST at the First Baptist Church of Hendersonville, 106 Bluegrass Commons Blvd., Hendersonville, TN 37075. Masks and social distancing will be required.

Posted by: Stacey Shrader Joslin on Jan 20, 2021
News Type: Legal News

Tennessee Attorney General Herbert H. Slatery III and Secretary of State Tre Hargett have announced a lawsuit against three Michigan-based companies — Labor Law Poster Service, Council for Corporations and ANS Inc. — and several family members that operate the entities based on claims that the companies have harmed Tennessee businesses. The state alleges the entities send mailers that look like invoices, threaten penalties, and demand a large fee for the filing of annual reports, something that business owners can easily do themselves online for a nominal fee. The companies previously settled with the state but are accused of continuing to send the phony mailings.

Posted by: Stacey Shrader Joslin on Jan 20, 2021
News Type: Legal News

The NAACP Legal Defense Fund recently announced a $40 million scholarship program to support a new generation of civil rights lawyers who will pursue racial justice across the South following law school graduation. Recipients of the new Marshall-Motley Scholars Program will have their legal education fully funded, then complete a two-year fellowship and spend at least eight years doing racial justice and civil rights work in the South. The program, made possible by the generosity of a single anonymous donor, envisions supporting 50 students. USA Today has the story from the Associated Press.

Posted by: Stacey Shrader Joslin on Jan 20, 2021

Rep. Mike Carter, R-Ooltewah, is back in Nashville after battles with COVID-19 and pancreatic cancer, Chattanoogan.com reports. Carter, an attorney and former judge who was diagnosed with the cancer last fall, recently spent several days in the hospital after getting the coronavirus. He will serve as chair of the House Civil Justice Committee for the new session. Speaking about his return to Nashville, Carter said, “I feel blessed to be back in Nashville representing the people of District 29,” and “honored that Speaker Sexton has entrusted me to serve in this important role."


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