TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 20, 2020
News Type: BPR Actions

Sevier County lawyer Andrew Nicholas Wilson received a censure from the Tennessee Supreme Court today. The court found that he failed to deposit unearned fees into a client trust account and failed to keep his client adequately informed as to the amount of fees billed during the course of the representation. His actions violated Rule of Professional Conduct 1.4, 1.5(f) and 1.15.

Posted by: Stacey Shrader Joslin on Apr 20, 2020
News Type: COVID-19 News, Upcoming

The Tennessee Alliance for Legal Services and the Nashville Bar Association will host a telephone-based legal advice clinic for small business owners struggling with the impact of the COVID-19 pandemic on April 29. Volunteer attorneys are needed to help for one hour between 11 a.m. to 1 p.m. CDT. During the one-hour shift, attorneys will meet with two clients for 30 minutes each. The NBA will provide a training webinar in advance of the clinic. Those with experience in the following areas are especially needed: insolvency, rent abatement, unemployment benefits, SBA EIDL loans, Paycheck Protection Act and COVID-19 employment law issues. Register to help here.

Posted by: Stacey Shrader Joslin on Apr 20, 2020

Three additional firms with offices in Tennessee have taken steps to reduce costs, Above the Law reports. Loeb & Loeb, with offices in Nashville, reportedly is cutting pay for lawyers and staff. For capital partners, monthly draws are being reduced by 20% while pay is being cut by 15% for income partners, senior counsel, of counsel, associates and senior staff, and 10% for paralegals and other staff. At Fisher Phillips, with offices in Memphis and Nashville, salaries reportedly have been cut across the board, with associates, salaried staff, and hourly employees having their checks cut by 20%. Those unable to work remotely have been furloughed. Partners also have taken a pay cut, though the exact amount was not disclosed. Finally, Greenspoon Marder, with offices in Nashville, has implemented firmwide pay cuts and reportedly laid off 40 staff members and five attorneys.

Posted by: Stacey Shrader Joslin on Apr 20, 2020
News Type: Upcoming

Legal Aid Society of Middle Tennessee & the Cumberlands will hold three legal clinics via phone this week. General clinics will take place on Tuesday from 4 to 6 p.m., on Thursday from 3 to 4:30 p.m., and on Saturday from 8:30 to 11 a.m.  On Wednesday, an Operation Stand Down Phone Clinic will be held for veterans in the Nashville area only from 11 a.m. to 1 p.m.  Those needing assistance may call 800-238-1443 to speak to an attorney during any of these times. Please contact Andrae Crismon or Kendra Cheek, 615-780-7131, for more information. See all phone clinic dates for April.

Posted by: Kate Prince on Apr 17, 2020
News Type: Legal News

Adams and Reese today announced Stephen Wolf has been named as the firm’s chief operating officer based in the New Orleans office. Wolf was previously chief operating officer at Deutsch Kerrigan LLP in New Orleans and prior to that was the firm administrator at Lugenbuhl Wheaton Peck Rankin and Hubbard and Martzell & Bickford APC, both in New Orleans. “Stephen’s leadership qualities and outstanding credentials make him an excellent fit for the Adams and Reese leadership team,” said Gif Thornton, the firm’s managing partner. 

Posted by: Kate Prince on Apr 17, 2020
News Type: Legal News

The Nashville Bar Foundation announced Bone McAllester Norton attorney Edward M. Yarbrough as the 2020 recipient of the David Rutherford Award. The award is given to a fellow who exemplifies the memory and ideals of David Rutherford, which include professionalism, charitable contributions in the legal field and in the community and the spirit of collegiality among bench and bar. The NBF also inducted the 2020 Class of Fellows into the foundation. See the full list of Fellows here.

Posted by: Kate Prince on Apr 17, 2020
News Type: Legal News

The Tennessee Judiciary Museum will be featured on the NBC television show “Roots Less Traveled” tomorrow morning at 9:30 a.m. CDT. The show features pairs of family members who set out to solve mysteries from their family trees. Part of tomorrow’s episode was shot at the museum, which is operated by the Tennessee Supreme Court Historical Society and located in the former library space of the Tennessee Supreme Court Building in Nashville. Take a look at the trailer for tomorrow’s episode.

Posted by: Kate Prince on Apr 17, 2020

In a unanimous opinion today in Ken Smith Auto Parts v. Michael F. Thomas, the Tennessee Supreme Court clarified the procedure and jurisdiction for an appeal from a county general sessions court to a state circuit court. The court found that when defendants appeal a general sessions judgment to circuit court, but then fail to appear for the circuit court trial, Tennessee law requires circuit courts to enter a default judgment against the defendant, subject to enforcement in the circuit court, and retain jurisdiction over that case. Read more from the Administrative Office of the Courts.

Posted by: Kate Prince on Apr 17, 2020

The Tennessee Supreme Court has delayed the execution of Oscar Franklin Smith, citing the COVID-19 pandemic, the Tennessean reports. Smith was set to be put to death on June 4, but his attorneys last week filed a motion to delay the execution, arguing it would possibly expose witnesses, lawyers and others to COVID-19. The defense team also claimed that public safety measures hindered their ability to represent Smith. Smith, 69, was convicted in the 1989 murders of Judith Lynn Smith, 35; Chad Burnett, 16; and Jason Burnett, 13, in Nashville. His new execution date is set for February 2021.

Posted by: Kate Prince on Apr 17, 2020

In addition to the currently scheduled bar examination set for July 29 through July 30, the Tennessee Supreme Court today announced the Board of Law Examiners will offer an additional exam on Sept. 30 through Oct. 1. The new October exam will only be offered in Knoxville, while the July exam will be given in Knoxville, Memphis and Nashville. Those who have submitted an application for the July exam will be given the option of moving to the October exam and new applicants can choose between the two sets of dates. “Because of on-going concerns about social distancing during the examination, the addition of another exam in a very large space will give the Board and applicants the flexibility to provide maximum space between test-takers, as well as provide a safety net in the event we remain under 'Safer at Home' orders or the NCBE does not deploy a July Exam,” said President of the Board of Law Examiners Bill Harbison.


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