TBA Law Blog


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Posted by: Stacey Shrader Joslin on Sep 11, 2020
News Type: BPR Actions

The Tennessee Supreme Court today permanently disbarred Arkansas attorney Kimberly Ogden Sutton from the practice of law in Tennessee. She consented to disbarment because, according to the court, she could not successfully defend herself against complaints filed against her. Sutton represented six clients in immigration related matters. The court found that she was paid to provide legal services but failed to complete those services, collected fees that were not yet earned, and effectively terminated representation without notifying the clients or returning files or unearned fees. Sutton was earlier suspended for not responding to the complaints and failed to comply with the notification requirements of suspended attorneys. Her conduct was determined to violate Rules of Professional Conduct 1.3, 1.4, 1.5, 1.15, 1.16, 3.4(c), 8.1 and 8.4(a) and (d).

Posted by: Stacey Shrader Joslin on Sep 11, 2020
News Type: Legal News

The Tennessee Conference of Juvenile and Family Court Judges recently elected new officers at its annual conference, held virtually this year. Knox County Juvenile Court Judge Tim Irwin will serve as the group’s new president; Stewart County General Sessions and Juvenile Court Judge Andy Brigham will be the new vice president; and Hamilton County Juvenile Court Judge Rob Philyaw will serve as secretary/treasurer. Judges also elected two new members to the conference’s executive committee: Perry County General Sessions and Juvenile Court Judge Katerina V. Moore and Jefferson County General Sessions and Juvenile Court Judge Dennis “Will” Roach II. Read more about these developments.

Posted by: Stacey Shrader Joslin on Sep 11, 2020

As courts across the country consider using remote technology beyond the COVID-19 pandemic, the Brennan Center has released a new paper summarizing existing research on the effects of video technology in judicial proceedings and a set of guiding principles for continued use of remote proceedings. The biggest takeaway from the review? Courts needs to be cautious and engage with stakeholders as they develop long-term policies. At least in some circumstances, research shows that remote proceedings can undermine the attorney-client relationship, alter the perceived credibility of witnesses, lead participants to disengage with the judicial process, and result in changed outcomes. At the same time, remote proceedings done well may have substantial benefits, including expanding access to legal services.

Posted by: Stacey Shrader Joslin on Sep 11, 2020
News Type: Legal News

When leaders of the Vanderbilt Law Review were told they would meet remotely this semester, they realized they did not need to collect dues to pay for space and supplies. In an effort to put their dues to good use, the group decided to donate to a diversity legal scholarship, the ABA Journal reports. The group selected the ABA’s Legal Opportunity Scholarship Fund, which gives up to 20 incoming diverse law students $15,000 in financial aid over three years. The story also looks at one of the 350 law students who have benefited from that scholarship program: Memphis native Wynter Scott.

Posted by: Stacey Shrader Joslin on Sep 11, 2020
News Type: Legal News

A three-judge panel of the U.S. Court of Appeals for the 2nd Circuit ruled yesterday that the Trump administration cannot exclude undocumented immigrants from the 2020 census count, the National Law Journal reports. The decision comes after a coalition of states, cities and immigrant-advocacy groups challenged a presidential order excluding undocumented immigrants from the congressional apportionment base. The court found that the policy created "widespread confusion among illegal aliens and others as to whether they should participate in the census.” Law.com has the story.

Posted by: Stacey Shrader Joslin on Sep 11, 2020
News Type: Legal News

Tennessee Gov. Bill Lee said yesterday that the state will use $300,000 in coronavirus relief money to fund training opportunities for law enforcement. The Tennessean reports the funds will cover 90 scholarships for officers to attend the state law enforcement training academy for training in use of force, de-escalation and community interactions. Lee also is directing local police departments to adopt a use-of-force policy to “value and preserve human life” and use force only “when it is objectively reasonable and for a lawful purpose.” The new policy also would prohibit warning shots and chokeholds and require officers to speak up when they see a colleague using excessive force. Finally, the state has expanded access to a database that allows local departments to see when applicants have been disciplined or lost their law enforcement license in the past. Starting this fall, prospective officers also will have to provide more details about past law enforcement positions.

Posted by: Stacey Shrader Joslin on Sep 11, 2020
News Type: Legal News

California-based insurance defense law firm Tyson & Mendes has opened a new office in Nashville, with litigator William “Bill” Johnson serving as managing partner for the new branch, the Nashville Post reports. Johnson most recently worked as a Nashville-based partner at Quintairos, Prieto, Wood & Boyer. He has spent most of his career practicing in California, including at Wood, Smith, Henning & Berman and Bonne, Bridges, Mueller, O’Keefe & Nichols, both in Los Angeles. He represents assisted living facilities, health care providers and religious institutions in litigation related to personal injury, sexual torts and medical malpractice. The new office is located at 1616 Westgate Circle, #330, Brentwood, TN 37027 and can be reached at 858-459-4400.

Posted by: Stacey Shrader Joslin on Sep 11, 2020
News Type: Legal News

The University of Tennessee System is hoping to add a new college — Martin Methodist College in Pulaski — to its statewide system in 2021, the Columbia Daily Herald reports. The small 150-year-old private school and leaders of the UT System signed a nonbinding letter of intent today that opens the door to a partnership between the two institutions. If approved, Martin Methodist would become the fourth undergraduate college in the UT System and the first addition in 50 years. After signing the agreement, both presidents said the move would bolster efforts to provide affordable higher education and workforce development to rural communities. The goal is for the partnership to be effective by July 1, 2021, but the institutions have to get approval from their boards and state lawmakers.

Posted by: Stacey Shrader Joslin on Sep 11, 2020
News Type: Passages

Nashville lawyer John Clinton Hayworth died Tuesday. He was 52. A 1990 graduate of Colby College and 1993 graduate of Vanderbilt University Law School, Hayworth served a year as a federal district court clerk before entering private practice. He maintained a litigation practice at several area law firms include Bass, Berry & Sims; Walker, Tipps & Malone; and Butler Snow. Recently, he began teaching undergraduate business law at Belmont University. As a community leader, Hayworth served on the boards of Harding Academy, the Economics Club of Nashville and Cheekwood Estate & Gardens. A small private family service will be held tomorrow. In lieu of flowers, memorial gifts may be made to Hayworth’s high school, the Westminster School, 995 Hopmeadow St., Simsbury, CT 06070.

Posted by: Stacey Shrader Joslin on Sep 11, 2020
News Type: Upcoming

Attorneys are invited to attend a retirement reception for Davidson County General Sessions Court Administrator Warner C. Hassell this coming Monday at 1 p.m. CDT. The reception will take place in the Jury Assembly Room on the first floor of the Justice A. A. Birch Building, 408 2nd Ave. N., Nashville, TN 37201. View the event invitation.


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