TBA Law Blog


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Posted by: Stacey Shrader Joslin on Aug 17, 2020
News Type: Legal News

Tennessee Court of Appeals Judge Richard Dinkins and former Nashville Mayor Karl Dean have been named co-chairs of a new Policing Policy Commission created by Nashville Mayor John Cooper, the Administrative Office of the Court reports. Davidson County General Sessions Court Judge Melissa Blackburn also has been named a member of the commission. Mayor Cooper explained the goals of the commission as (1) identifying ways for the Metro Nashville Police Department to reduce the use of force and (2) beginning a community-wide process to determine how Nashville can build trust and enhance community safety. According to a release from the mayor’s office, the commission will form three committees: Serving Nashville’s Communities; Screening, Supervision, Resources and Recruitment; and Policies, Tactics and Training. The commission will meet for the first time next week. It is expected to issue a report by the end of October.

Posted by: Stacey Shrader Joslin on Aug 17, 2020
News Type: BPR Actions

The Tennessee Supreme Court today referred the case of Shelby County attorney Keisha Moses Richardson to the Board of Professional Responsibility for whatever action the board “may deem warranted.” Richardson was convicted of violating Tenn. Code Ann. 39-13-113 by a Davidson County jury in the case of State of Tennessee vs. Keisha Moses Richardson. That statute makes it an offense to knowingly violate an order of protection or restraining order issued to a victim.

Posted by: Stacey Shrader Joslin on Aug 17, 2020
News Type: BPR Actions

Hamilton County lawyer Michael Robie Buchanan was censured by the Tennessee Supreme Court today for failure to timely remit agreed employee deferral contributions to the firm’s 401(k) plan and matching contributions. The suspension was conditioned on payment of fees to the Board of Professional Responsibility. Buchanan’s activities were determined to violate Rules of Professional Conduct 1.15 and 5.3.

Posted by: Stacey Shrader Joslin on Aug 17, 2020
News Type: BPR Actions

The Tennessee Supreme Court suspended Rutherford County lawyer Robert John Foy from the practice of law for seven years, with five years to be served on active suspension and the remainder on probation. In addition, the court ordered Foy to obtain an evaluation by the Tennessee Lawyers Assistance Program and engage the services of a practice monitor. The court found that he converted client settlement funds to his own business and personal use; failed to promptly pay third-party lien holders from the settlement funds; falsified bank records to prevent discovery of his misappropriation; and failed to keep client funds and estate funds in his trust account. Foy agreed to a conditional guilty plea and reimbursed his clients in full. His actions were determined to violate Rules of Professional Conduct 1.15, 3.4, 4.1, and 8.4 (a) and (c).

Posted by: Stacey Shrader Joslin on Aug 17, 2020

State Rep. Mike Carter, R-Ooltewah, has been hospitalized with COVID-19, according to an email sent to Republican House members by Caucus Chairman Jeremy Faison. “Our friend and colleague Mike Carter is in ICU at Erlanger with Covid,” Faison wrote to colleagues. “He is asking for prayers. Let’s lift him up y’all.” Lawmakers were in Nashville last week for a special legislative session, but Carter did not attend, the Tennessee Journal reports. Following the conclusion of the regular session in June, Rep. Kent Calfee, R-Kingston, and Rep. Kevin Brooks, R-Cleveland, tested positive for the virus.

Posted by: Stacey Shrader Joslin on Aug 17, 2020

Legal Aid Society of Middle Tennessee and the Cumberlands will conduct three phone clinics this week for members of the public with questions about housing and renters’ rights, bankruptcy, medical bills, debt collection, domestic violence, SNAP benefits and unemployment benefits. Clinics will take place Tuesday from 3 to 4:30 p.m., Wednesday from 11 a.m. to 1 p.m. and Saturday from 8:30 to 11 a.m. CDT. LAS is looking for attorneys to help. To volunteer, contact Andrae Crismon or Kendra Cheek or call 615-780-7131. See the list of clinics for all of August.

Posted by: Stacey Shrader Joslin on Aug 17, 2020

Join the Family Law Section for a live virtual two-hour forum to discuss various challenges facing the legal profession during the COVID-19 pandemic. Attendees will have an opportunity to learn from judges and lawyers across the state on how they are addressing the economic downturn on family law matters, navigating the use of audio-conferencing technology to move cases forward, and what the ethical considerations are around remote hearings. The live webcast will take place on Sept. 11 from 9 to 11 a.m. CDT. One dual credit and one general credit are available.

Posted by: Stacey Shrader Joslin on Aug 17, 2020
News Type: Passages

Nashville lawyer Lewis Berkeley Hollabaugh died Aug. 13 at the age of 85. A 1956 graduate of Vanderbilt University and a 1961 graduate of the university’s law school, Hollabaugh started his career as an associate attorney at Manier, Crouch, White & Herod (now Manier & Herod). He remained with the firm during his entire 36 years of practice. He served as managing partner and on the executive committee of the firm over the years. Hollabaugh spent most of his career as a trial lawyer with an emphasis on professional liability. He also handled construction surety law. He is survived by his daughter Lela Hollabaugh, an attorney at Bradley Arant Boult Cummings, among others. The family will have a private service. Memorial donations may be made to St. Luke's Community House, 5601 New York Ave., Nashville, TN 37209, or a charity of the donor’s choice.

Posted by: Stacey Shrader Joslin on Aug 14, 2020
News Type: Legal News

For the first time in over two months, the grounds outside the state capitol building are empty as those who have been protesting police abuse and racial inequalities have vacated the Capitol grounds, WSMV reports. The move follows passage of a new measure making it a felony to stay overnight on the property. Gov. Bill Lee plans to sign the bill, saying the legislation accomplishes the general purpose of ensuring "lawlessness doesn’t occur in the midst of protest." However, he suggested he would have drafted it differently, the Tennessean reports. "There are aspects of the law that I might have done differently, that were different from my original proposal," Lee said yesterday, but declined to elaborate on any specific concerns. The governor also said he plans to sign the COVID-19 liability and telehealth expansion bills passed by the legislature during the special session.

Posted by: Stacey Shrader Joslin on Aug 14, 2020

A recent survey of legal professionals found that 76% of respondents believe technology will be the one trend most likely to impact their organizations over the next three years. Last year, technology ranked third in the list of trends impacting the profession. The 2020 Wolters Kluwer Future Ready Lawyer also found that 82% of respondents predicted technology will change how they deliver services, and 56% said they expect to increase spending on legal technology over the next three years. Because of the pandemic, lawyers and their employees have transitioned to remote working and are relying more on cloud-based technology. A related survey by MyCase shows that the use of cloud computing software by lawyers has steadily increased since the start of the pandemic and that firms see cloud computing as essential for continued success. Read more from Above the Law.


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