TBA Law Blog


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Posted by: Stacey Shrader Joslin on Aug 12, 2020
News Type: Legal News

The American Bar Foundation recently announced its 2020 foundation fellows. Six lawyers from Tennessee are being honored. They are: Chattanooga lawyers Brittany T. Faith and Dana B. Perry; Knoxville lawyer Beecher A. Bartlett Jr.; Memphis lawyers Michael McLaren and John Lewis Wardlaw; and Nashville lawyer Gulam R. Zade. Fellows must demonstrate outstanding dedication to the highest principles of the legal profession and welfare of their communities. Established in 1955, the fellows program supports the research work of the American Bar Foundation.

Posted by: Kate Prince on Aug 12, 2020

The August episode of the TBA BarBuzz podcast is streaming now, featuring guest co-host Lisa Helton of Sherrard Roe in Nashville. Helton joins the show to talk about upcoming events and legal news from across the state and to give some shoutouts to deserving Tennessee attorneys. BarBuzz is part of the TBA Podcast Network and can be found on the TBA’s website or anywhere you listen to podcasts by searching the show's title or “Tennessee Bar Association."

Posted by: Stacey Shrader Joslin on Aug 12, 2020
News Type: Legal News

The Montgomery County Commission has named Wendy Davis as interim circuit court clerk, the Clarksville Leaf-Chronicle reports. Davis prevailed over retired Clarksville attorney Richard L. Meeks in the commission vote. She will replace Cheryl Castle, who is retiring, and serve until a new circuit court clerk is elected Nov. 3. Davis currently works in the circuit court clerk's office and is a candidate for the clerk’s position on the November ballot. She will face Chelsea M. Camp and Tracy Provo Knight, an attorney with Batson Nolan, in that race.

Posted by: Stacey Shrader Joslin on Aug 12, 2020

The nation’s bar exam software providers are facing challenges as states seek to move their 2020 exams online. According to Above the Law, ILG tried to get Indiana and Nevada ready for online exams in July and failed; ExamSoft managed Michigan’s exam but experienced crashes and compromises; and Extegrity has now declared it is not feasible to conduct an online fall exam given the current timeframe. Extegrity notified boards of law examiners on July 27 that “it will not participate in administration of remote proctored bar exams in October 2020.” Prospects have not improved since the summer for ILG, which is helping Florida prepare for its fall exam. The company had to cancel a trial exam due to “issues of concern” experienced by those who tried to download the trial software.

Posted by: Stacey Shrader Joslin on Aug 12, 2020
News Type: Legal News

The family of murdered prison administrator Debra Johnson is suing the state for failure to ensure Johnson’s residence was secure, provide adequate staffing and oversight, and properly classify Curtis Watson as dangerous inmate. The suit is seeking $5 million, the Commercial Appeal reports. Johnson lived on the grounds of the West Tennessee State Penitentiary, and on Aug. 7, 2019, was sexually assaulted and strangled by Watson after he escaped. He since has been charged with first-degree murder and aggravated sexual battery and is awaiting trial.

Posted by: Stacey Shrader Joslin on Aug 12, 2020

The Memphis Bar Association will hold a Virtual Non-Conviction Expungement Clinic on Aug. 29 at 10 a.m. CDT. A brief training session will be offered beginning at 9:30 a.m. that morning. Sign up here to participate or download a flyer. The group is also planning a limited Veterans' Clinic by telephone on Sept. 8. Volunteers are needed. Those interested should contact Jake Dickerson.

Posted by: Stacey Shrader Joslin on Aug 12, 2020
News Type: TBA CLE

The TBA Administrative Law Section will host a live Zoom webcast on Aug. 26 from noon to 1 p.m. on new procedures being used by the Administrative Procedures Division. Administrative Judge Phillip R. Hilliard and Jackson attorney Jonathan O. Steen with Spragins, Barnett & Cobb will discuss how electronic filings, exhibits, remote hearings and final orders are being handled during the pandemic. Please register by 11 a.m. CDT on the day of the webcast to receive the Zoom email invitation in time.

Posted by: Stacey Shrader Joslin on Aug 12, 2020
News Type: Wellness Wednesday

Do you include acts of self-care on your calendar or to-do lists? Probably not, writes Rosario Lozada, chair-elect of the Association of American Law Schools’ Section on Balance in Legal Education and professor of law at Florida International University College of Law. Eight months into her training as a mindfulness facilitator in legal education, Lozada says she now includes activities such as meditation and stretching time on her calendar. Recognizing that lawyers can be reluctant to make these activities a priority, Lozada has come up with 10 steps to overcome any notions that acts of self-care are self-indulgent, weak or unproductive. Read more about her steps in the ABA Journal. Her bottom line? Pick an activity that renews and energizes you and then make it a recurring, high-priority event.

Posted by: Stacey Shrader Joslin on Aug 12, 2020

The pandemic crisis continues to force courts to adapt their practices and procedures. The U.S. Court of Appeals for the 6th Circuit, for example, has been holding oral arguments via Zoom. On Aug. 26 from 2 to 3 p.m. CDT, the TBA’s Appellate Practice Section will hold a virtual roundtable discussion on federal appellate practice during the pandemic. U.S. 6th Circuit Court of Appeals Judge Julia Smith Gibbons and Clerk of Court Deborah Hunt will discuss remote arguments and how the court has adapted its operations during this time. They will be joined by two Tennessee attorneys who have participated in remote oral arguments: Alexander Wharton from The Wharton Law Firm and Robert Hutton from Glankler Brown. Kevin Ritz, the appellate chief in the U.S. Attorney’s Office in Memphis, will moderate the discussion. The event is free and open to all TBA members, but registration is required.

Posted by: Kate Prince on Aug 11, 2020

Legislation calling for harsher penalties for some protestors was today passed by a House committee after an agreement between House Majority Leader William Lamberth, R-Portland, and the District Attorneys General Conference, the Daily Memphian reports. The agreement removed a provision from HB8005 that would have allowed the state attorney general to prosecute vandalism and camping cases. The TBI would still be allowed to investigate crimes listed in the legislation and present them to a grand jury, but if a district attorney general refuses to prosecute, a petition could be made to the court for a district attorney pro tem. The bill passed the House Public Safety Committee, but not without a dispute between Lamberth and Rep. Larry Miller, D-Memphis, who blasted Lamberth for saying that those who opposed the measure supported spitting in the face of law enforcement officers. “You can support law enforcement officers or you can spit in their face by voting against this bill just like others have,” Lamberth said. Miller called it an “insulting” personal attack and also a lie. The Senate is expected to take up its version of the bill tomorrow.


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