TBA Law Blog


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Posted by: Stacey Shrader Joslin on Aug 24, 2020
News Type: BPR Actions

A number of lawyers have been reinstated to the practice of law after completing required continuing legal education hours. They include 22 who were suspended last week, two who were suspended in 2019, two who were suspended in 2018, one who was suspended in 2017 and one who was suspended in 2016. See all administrative suspension lists going back to 2005.

Posted by: Stacey Shrader Joslin on Aug 24, 2020
News Type: TBA CLE

The TBA Real Estate Law Section in conjunction with the Tennessee Land Title Association will host the 2020 Hot Topics Forum on Nov. 13. The forum, now being offered exclusively as a live virtual program, will run from 9 a.m. to 3:45 p.m. CDT. Attendees will hear presentations on case law updates, legislative updates, HOAs, commercial real estate, force majeure, multi-jurisdictional matters and the unauthorized practice of the law.

Posted by: Stacey Shrader Joslin on Aug 21, 2020

The University of Memphis School of Law is hosting the American Bar Association's 19th Amendment traveling exhibit, "100 Years After the 19th Amendment: Their Legacy, and Our Future," in its student lounge Aug. 18-28. The traveling exhibit, co-sponsored by the Library of Congress, features historic photos, information about the battle for ratification, and the challenges that remain. The law school has put together a video to provide a virtual visit to the exhibit since the campus is closed to visitors due to the COVID-19 pandemic. Read more from the school.

Posted by: Stacey Shrader Joslin on Aug 21, 2020
News Type: Legal News

Lincoln Memorial University’s Duncan School of Law (LMU Law) welcomed 122 incoming law students for orientation and the first day of classes last week, making it the largest class in its history. “We are excited to welcome this strong and diverse first year class,” said LMU Law Vice President and Dean Matt Lyon. “I am really proud of all the work our admissions team and faculty have done to recruit this class and prepare to welcome them under different and unprecedented circumstances.” Of the 122 new students, 51% are male, 49% are female and nearly half hail from outside of Tennessee. According to the school, the group represents 23 states and 69 colleges and universities. To address health and safety concerns, the law school is requiring masks, social distancing and one-way walkways, and is simulcasting instruction to multiple classrooms so students can be spread out.

Posted by: Stacey Shrader Joslin on Aug 21, 2020
News Type: BPR Actions

Carroll County lawyer Benjamin Dempsey was suspended today for five years, with three years to be served on active suspension and the remainder on probation. The Tennessee Supreme Court reports that Dempsey entered an Alford plea and was convicted of the Class B misdemeanor offense of simple assault by offensive touching. In another matter, he was suspended for three years by the U.S. Bankruptcy Court for the Western District of Tennessee for misappropriating funds, engaging in improper trust accounting, making misrepresentations to his client and the court, and failing to refund fees to his client in a timely manner. Dempsey admitted violating Rules of Professional Conduct 1.3, 1.4, 1.5, 1.15, 1.16, 3.4, 5.3 and 8.4(a), (b), (c) and (d).

Posted by: Stacey Shrader Joslin on Aug 21, 2020

After first saying the state would not release information about COVID-19 cases in schools, then saying it would, and then two days ago saying it does not have authority to release that data, Gov. Bill Lee now says he wants to make the information public and is seeking permission from the federal government to do so. Lee said his administration recognizes transparency is important but that federal law restricts the release of certain information to protect students’ privacy. Yesterday, his team reached out to the U.S. Department of Education to see what exactly can be released, the Daily Memphian reports.

Posted by: Stacey Shrader Joslin on Aug 21, 2020
News Type: COVID-19 News

An attorney for the state says authorities will not pursue perjury charges against voters who request a mail-in ballot based on inaccurate information, WJHL reports. Deputy Attorney General Janet Kleinfelter made that commitment yesterday during questioning by Davidson County Chancellor Ellen Hobbs Lyle. Following a recent state Supreme Court ruling, those who have a health condition that increases their risk for COVID-19 and those who care for a high-risk individual may request a mail-in ballot. The hearing was held to determine if the state is providing required instructions for people with underlying health conditions. Plaintiffs argue the form used to request a mail-in ballot does not include the required language. The state argues the information is on its website.

Posted by: Maresa Whaley on Aug 21, 2020
News Type: TBA CLE

The Family Law section will host a live virtual CLE on Sept. 11 from noon until 2 p.m. CDT to discuss practicing family law during a pandemic. A panel of judges and attorneys from across the state will discuss current issues impacting the courtroom, attorneys and their clients. The first hour will cover “New Issues Facing Family Law Practitioner” and the second hour will cover “Preparation for Zoom Family Law Hearings and the Ethical Considerations Surrounding Zoom Hearings.” Register or learn more now.

Posted by: Barry Kolar on Aug 21, 2020

The TBA had back-to-back female presidents in 2012 and 2013, and both of them launched strong programs to serve the Tennessee legal community and the public at large. Nashville attorney and Grainger County native Jackie Dixon showed her passion for the law and the legal profession with programs geared toward the development of new lawyers, support of established attorneys and guidance for veteran lawyers nearing the end of their careers. Dixon handed off the gavel to Sevierville attorney Cindy Wyrick, who carried that effort forward with programs for small firm practitioners, an added focus on public service, and an increased emphasis on advocacy and public education that included production of the Legal Handbook for Tennessee Seniors.

Posted by: Stacey Shrader Joslin on Aug 21, 2020
News Type: Upcoming

Registration is now open through Aug. 30 for the Tennessee Alliance for Legal Services' annual Equal Justice University conference, which will take place virtually Sept. 9-10. Sessions will include presentations on building resilience, seeking advanced racial justice, substantive law, legal ethics and building paraprofessional skills. Co-sponsored by the TBA, the conference also will include the presentation of 2020 Access to Justice Awards. View the full conference agenda.


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