The TBA has organized a Remote Notary/Witness Task Force made up of attorneys from affected practice areas to discuss how attorneys can help their clients with wills and other legal documents that require witnesses or notarization, while also trying to protect the safety of their clients and themselves during the COVID-19 pandemic. The Task Force met today and discussed different options, including looking at actions other states have taken on this topic. Tennessee has a remote online notary statute, but because a will must be executed in the presence of two or more witnesses who must be physically present when the will is executed, the remote online notary statute doesn’t apply to wills.  

Gov. Bill Lee today issued an order for Tennesseans to stay home to help stop the spread of the COVID-19 virus, the Tennessean reports. The mandate was issued after data from the Tennessee Department of Transportation showed an uptick in traffic and after mounting pressure from state lawmakers, doctors and national media to do so. “COVID-19 is an imminent threat and we need you to understand that staying home isn’t an option,"  Lee said at today's conference. "It’s a requirement for the swift defeat of COVID-19 in Tennessee.” Lee had previously said such a mandate was unnecessary as it was “deeply important” to him to protect personal liberties. 

The TBA election results are in and Tasha Blakney of Knoxville has been elected to the office of Vice President. She will ascend to office of president-elect in 2021 and lead the organization as president for the 2022-2023 bar year.

The situation with COVID-19 is rapidly changing and many have questions related to labor and employment issues. “COVID-19 Rewrites the Rules of the Employment Road” is part of TBA CLE’s on-demand webcast series, Navigating the Pandemic. In this video, Donna Mikel and Doug Hamill discuss the Families First Act, paid leave rights and how traditional employment laws apply right now. It is available to view now, or you can tune-in on April 7 at noon CST for a scheduled webcast. If you still have questions about this topic, join Donna and Doug for a Zoom Q&A roundtable at noon CST the following day, April 8. Submit questions in advance here. Spots are limited to the first 50 registrants for this unique, interactive Zoom roundtable meeting. Complete the required RSVP here.  

Months after confirming to fellow GOP lawmakers that he would not seek re-election, Rep. David Byrd, R-Waynesboro, has reversed course. The Nashville Post reports Byrd announced his bid for reelection on Tuesday, citing the need for an experienced representative during the COVID-19 pandemic. In 2018, Byrd was accused of sexually assaulting three underage women in the 1980s, prompting calls for his resignation and pleas that he not seek reelection. “For District 71 to have a freshman representative during his crucial time could definitely result in our rural counties being overlooked in future key legislation that could help our constituents rebound from this devastating pandemic,” Byrd said in a statement. He has never publicly denied the allegations against him.

The TBA and the Tennessee Lawyers Assistance Program will host a free online roundtable discussion on the impact the COVID-19 pandemic and quarantine is having on personal well-being. Licensed therapist and TLAP mental health clinician Lindsey O’Connell will provide an overview of the human stress response system and how to modulate this survival instinct to improve mental resilience and reduce the harmful consequences of overwhelming stress. A loosely moderated roundtable discussion will follow and participants will have the chance to ask questions related to mental and professional well-being. The program will be held on the Zoom video conferencing platform on April 7 at 2 p.m. A link to the meeting will be sent following online registration.  

The law license of John Paul Doyle was transferred to disability inactive status by Supreme Court order on Wednesday. Doyle cannot practice law while on disability inactive status, but may practice after reinstatement by the Tennessee Supreme Court upon showing clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law.

As more employees are working from home and kids are continuing their studies through distance learning, it may be difficult to find a good “groove” for everyone in the household. Wellness professionals stress the importance of creating and maintaining a routine and schedule to give everyone a sense of purpose. The American Psychiatric Association’s Workplace Mental Health recommends (1) designating a space for each family member to work and learn, (2) building in breaks for recharging and (3) working reasonable hours. It can be tempting to work more than normal, but stick to a schedule with healthy boundaries.

The Tennessee Supreme Court has extended the period to file comments on a proposed amendment to Rule 8, RPC 1.15 dealing with safekeeping property and funds. The original deadline was set for Feb. 3. Based on a motion filed by the TBA, the comment period has been extended to close of business today, April 3. Comments should reference the docket number and be emailed to appellatecourtclerk@tncourts.gov or mailed to: James M. Hivner, Clerk, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219.

The Tennessee Supreme Court censured Memphis lawyer Kathleen Laird Caldwell today and directed her to reimburse a former client $2,750 in fees. The court found that after agreeing to represent a client in a post-conviction criminal appeal for a flat fee of $7,500, she did not obtain a signed fee agreement from the client and deposited a portion of the funds in an operating account. The court also found that when Caldwell met with the client she had not reviewed any materials related to the case and had not begun the appeals process. Less than a month after being retained, the client terminated representation and requested a refund of the unearned portion of the fee. Caldwell only offered to refund $950. Her actions were determined to violate Rules of Professional Conduct 1.2, 1.4, 1.5 and 1.15.