TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jul 31, 2020

As more legal professionals work from home and on the road, the high overhead and inflexibility of traditional office space becomes less and less appealing. Enter the virtual law firm: an alternative practice model that offers new possibilities for firms and clients. Join colleagues on Aug. 12 at 1 p.m. CDT for a free one hour roundtable to learn what a virtual law firm is, how it works and how to get started. Nefra MacDonald with Clio will lead the discussion. RSVP by 11 a.m. CDT the day of the event to receive login details. Questions may be submitted in advance to Jennifer Vossler. Use subject line “Clio.”

Posted by: Stacey Shrader Joslin on Jul 31, 2020
News Type: Legal News

The Shelby County District Attorney’s Office is asking the court to deny a request for DNA testing in the death penalty case of Pervis Tyrone Payne, who is set to be put to death on Dec. 3. Payne's attorneys had petitioned the court for the testing hoping newly discovered evidence would reverse his conviction. But District Attorney Amy Weirich said this week that the evidence — including bedsheets, a comforter and a pillow, all soaked in blood — was actually from an entirely different crime, the Commercial Appeal reports. "There is no new evidence …" Weirich said. "The property room made a mistake. These items have nothing to do with Pervis Payne and should not have been shown” to his attorneys. Payne’s attorneys argue the items should be tested anyway to confirm which case they belong to.

Posted by: Stacey Shrader Joslin on Jul 31, 2020

Shelby County Criminal Court judges yesterday ordered the indefinite suspension of criminal jury trials citing the impossibility of impaneling a jury that “would satisfy health and safety guidelines and comply with relevant constitutional provisions.” The order negates prior plans to lift the suspension in September, the Commercial Appeal reports. The judges said they will “continue to evaluate the current conditions and assess any updated guidance from health authorities to determine when jury trials can resume.” The Tennessee Association of Criminal Defense Lawyers expressed concern about the decision saying judges should have considered the group’s input before moving forward. The court said it consulted with the public defender's office, district attorney's office and National Association of Criminal Defense Lawyers.

Posted by: Stacey Shrader Joslin on Jul 31, 2020
News Type: Legal News

Nolensville’s long-time town attorney Bob Notestine resigned effective this week, the Williamson Homepage reports. Notestine, who has served in the position since 1996, cited his age and the town’s need for "fresh thinking" on the legal issues it is facing. Notestine will continue to practice law with his firm, the Notestine Law Firm in Nashville. The Board of Mayor and Aldermen said it will immediately begin working to fill the vacancy.

Posted by: Stacey Shrader Joslin on Jul 31, 2020

A ruling from U.S. District Judge John T. Fowlkes Jr. ended the hopes of limited-service restaurants in Memphis that wanted a reprieve from orders closing inside service, the Daily Memphian reports. The ruling mirrors one issued earlier in the week by U.S. District Judge Jon P. McCalla. While both judges recognized the closure has a profound economic impact on these businesses, they did not find sufficient reason to justify a temporary restraining order. As Fowlkes wrote, “The Court recognizes the many hardships imposed by Health Order No. 8. However, Defendants’ decision to temporarily close Plaintiffs is legally sound. What is legal may not always be fair, but legality must prevail over fairness.”

Posted by: Stacey Shrader Joslin on Jul 31, 2020

The Knoxville Bar Association will hold a virtual Legal Advice Clinic for Veterans on Aug. 12 from noon to 2 p.m. EDT. This will be a general advice clinic that will cover a wide variety of legal issues, including family law, landlord/tenant, bankruptcy, criminal defense, consumer protection, contract disputes, child support and personal injury. Volunteers are needed. Sign up here to participate or contact Tracy Chain at tchain@knoxbar.org with any questions. View a flyer for the event.

Posted by: Stacey Shrader Joslin on Jul 31, 2020

Husch Blackwell has opened its 21st office — a virtual space called The Link, comprised of 50 lawyers and staff from eight brick-and-mortar offices in a move that transforms the firm’s approach to how it uses technology and views office space. The managing partner of The Link said the experience of remote work may affect space planning and the firm's real estate commitment. Read more about the experiment from Law.com.

Posted by: Stacey Shrader Joslin on Jul 31, 2020
News Type: Legal News

Waller recently announced that John Tishler will lead the firm’s Healthcare Restructuring Team during a critical time for the healthcare industry, which is facing challenges from the COVID-19 pandemic and resulting economic downturn. The team includes representatives from the firm's regulatory, M&A, corporate, real estate, litigation, tax, labor and employment, finance and intellectual property practice groups. Tishler has worked as an insolvency and restructuring attorney for more than 30 years. He also served as the firm’s chair from 2008 to 2014.

Posted by: Stacey Shrader Joslin on Jul 31, 2020
News Type: Legal News

In an email message to members, Memphis Bar Association Executive Director Anne Fritz announced her retirement effective today. In the message, Fritz thanked “all the officers, board members, committee and section leaders, and members” for their dedication, hard work and commitment to the association. She also noted she was especially proud of the MBA’s commitment to pro bono and creation of the Summer Law Intern Program for diverse high school students. Her new contact information is 1350 Concourse Ave., Apt. 1051, Memphis, TN 38103, 901-409-3477, clarissafritz@att.net. The MBA Executive Committee said it will announce an interim executive director soon to serve until a permanent replacement is selected.

Posted by: Stacey Shrader Joslin on Jul 31, 2020

About half of jurisdictions in the country administered in-person bar exams this week, and at least one, Colorado, reported that a participant has tested positive for COVID-19. A resolution to be considered by the ABA House of Delegates next week would urge states to abandon plans for in-person exams during the pandemic, Law.com reports. In related news, those states that have opted for online exams face another threat. Michigan’s online bar exam recently was delayed when its software provider experienced a cyberattack described as “a sophisticated attack specifically aimed at the login process.” No data was compromised in the attack, an ExamSoft representative said, but some test-takers were rattled as the delay occurred after the exam had started. The Michigan Board of Law Examiners said it plans to investigate whether the attack had an impact on test-takers and report findings to the state Supreme Court. The ABA Journal has more on the story.


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