TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 15, 2020
News Type: BPR Actions

Stewart County lawyer Erin Danielle Bryson was censured yesterday by the Tennessee Supreme Court. Bryson, an assistant district attorney in Stewart County, was found to have violated Rules of Professional Conduct 3.3(h), 3.8(d) and 8.4(d). At a court hearing, an investigator for the district attorney told Bryson he had samples of the evidence at issue “in my car.” On direct and cross examination, however, he said the evidence was in the sheriff’s office. After the hearing, Bryson checked with the sheriff’s office and found that the evidence was not there. The investigator later prepared an amended report explaining his incorrect testimony. However, Bryson did not inform opposing counsel of the false testimony for six months and did not inform the court at any time.

Posted by: Kate Prince on Apr 14, 2020
News Type: Legal News

A Knox County Chancery Court judge has ruled that the Knox County Sheriff’s Office (KCSO) cannot charge people to inspect public records, the Knoxville News Sentinel reports. University of Tennessee professor Meghan Conley sued KCSO last April after the office tried to charge her for records she requested or refused to answer her request for documents. KCSO argued it could assess charges to inspect public documents, including arrest records and emails, that required redaction. Chancellor John Weaver disagreed and ordered KCSO to create a system where Tennessee residents can access redacted arrest records on a current basis. “If there is no reasonable way for the public to access the public records, the public cannot use them to oversee governmental activities," Weaver wrote in his opinion.

Posted by: Barry Kolar on Apr 14, 2020
News Type: Your Practice

The Tennessee Bar Association’s online renewal for 2020-2021 is now open! During these difficult times it is important to remain connected with your colleagues and your profession. Your TBA membership provides that. Renew your membership to continue having easy access to pandemic and other CLE programming with three pre-paid credits, free online legal research through Fastcase and timely information through TBA Today, TBA Podcasts and the Tennessee Bar Journal. Also now available is access to the TBA’s new Group Health Insurance Plan. Renewal emails are being sent now with a direct link to quickly renew your membership, or you can login and access renewal information through your MyTBA dashboard.

Posted by: Kate Prince on Apr 14, 2020
News Type: BPR Actions

The Tennessee Supreme Court today censured Shelby County attorney Addie Marie Burks. Burks was found to have violated Rules of Professional Conduct 3.3, 1.1 and 8.4(d). Burks was hired to represent a client in defense of a civil collection matter. After the plaintiff filed a motion for default, Burks filed a Notice of Appearance with a certificate of service indicating it was mailed to opposing counsel on that date, but it was not mailed until a few days later. Burks did not appear at the hearing on the motion for default and the motion was granted. She then filed a motion to set aside the default, but this motion was never served on opposing counsel and was eventually struck by the court. Burks did not appear at the hearing on the final judgment, and a final judgment was entered against her client for $40,000.

Posted by: Suzanne Craig Robertson on Apr 14, 2020

Whether you are sitting serenely surrounded by candles and relaxation music, or if you have one hand on your work computer and the other grading math homework, or if you have to mute all your Zoom meetings because the dogs are barking and the baby is crying ... or maybe it's all going perfectly and you are clicking along just fine — we want to see what it's like in your new workspace. Email a pic of yourself in your work environs to Suzanne Robertson and you might be featured in a future issue of the Tennessee Bar Journal.

Posted by: Kate Prince on Apr 14, 2020
News Type: COVID-19 News, Upcoming

The Legal Services Corporation (LSC) will host a public briefing via Zoom on April 20 from 11 a.m. to 12:45 p.m. EDT. LSC Briefing: The COVID-19 Health Crisis, Civil Legal Needs and State Courts will feature panels of experts from across the nation who will discuss the effects COVID-19 is having on state courts, access to justice and legal services organizations and their clients. Chief Justice Jeffrey Bivins is set to speak on a panel with justices from California, Texas and Michigan. The briefing is open to the public and dial-in information and a link to join by computer can be found on the event’s invitation.

Posted by: Kate Prince on Apr 14, 2020
News Type: COVID-19 News, TBA CLE

The TBA has a wide range of distance learning opportunities to fulfill your CLE needs. Cybersecurity and Protection from the Ransomware Attacks for your Law Firm addresses timely cybersecurity issues in light of recent Ransomware attacks on law firms. FFCRA: What Employers Need to Know  provides an overview of the Families First Coronavirus Response Act (FFCRA) and its impact on employers. Both programs are part of the TBA’s on-demand webcast series Navigating the Pandemic and available now on the TBA’s website.

Posted by: Stacey Shrader Joslin on Apr 14, 2020
News Type: COVID-19 News

Legal Aid Society of Middle Tennessee & the Cumberlands will hold its April legal clinics over the phone due to the COVID-19 pandemic. Local attorneys will offer advice on questions about housing and renters’ rights, bankruptcy, medical bills, debt collection, domestic violence, SNAP benefits and unemployment benefits. Those needing assistance may call 800-238-1443 on one of these dates to speak to an attorney. Please contact Andrae Crismon or Kendra Cheek, 615-780-7131, for more information. Phone clinics planned for this week will take place Wednesday and Thursday from 4 to 6 p.m. CDT each day.

Posted by: Kate Prince on Apr 14, 2020
News Type: BPR Actions

The Tennessee Supreme Court censured two Knox County lawyers yesterday. The Board of Professional Responsibility filed a petition for discipline against Margaret Beebe Held after she had a conflict of interest between her client and her client’s expert witness. Held self-reported the incident and made a good faith effort to mitigate adverse consequences. She was ordered to pay the costs of the disciplinary proceeding and restitution to her client. Lisa Collins Werner also received a public censure. While representing a father in a custody dispute, Werner met privately with a minor outside of the presence of a guardian ad litem. A public censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.

Posted by: Kate Prince on Apr 14, 2020

The April episode of the TBA BarBuzz podcast is streaming now, featuring guest co-host Jonathan May of Morgan & Morgan in Memphis. May joins the show to talk about upcoming events, legal news from across the state and how the pandemic is impacting attorneys and clients in Tennessee. 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."


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