TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 1, 2020
News Type: BPR Actions

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.

Posted by: Stacey Shrader Joslin on Apr 1, 2020
News Type: Clarification

A story in yesterday’s issue of TBA Today featured a Nashville attorney who has been recognized by the National LGBT Bar Association as one of its 40 Best LGBTQ Lawyers Under 40. The story inadvertently omitted a Memphis attorney also on the list. Chris J. Miritello is vice president, general counsel and secretary at Mueller Industries. Both lawyers will be recognized in August at the 2020 Lavender Law Conference in Washington, D.C.

Posted by: Stacey Shrader Joslin on Apr 1, 2020
News Type: Passages

Dyersburg lawyer John Palmer died March 24 at the West Tennessee Veterans' Home in Humboldt. He was 83 years old. Palmer was a graduate of the University of Tennessee and the University of Tennessee College of Law. He practiced law with the Palmer Law Firm in Dyersburg. He also served as Dyersburg’s city judge and as a member of the Tennessee state legislature. A memorial service will be announced at a later date.

Posted by: Stacey Shrader Joslin on Apr 1, 2020

U.S. Attorney Mike Dunavant, the federal prosecutor in western Tennessee, has named Assistant U.S. Attorney Tony Arvin as the office coordinator of all efforts to prosecute fraud related to the COVID-19 pandemic, WMC News 5 reports. Arvin, a veteran prosecutor and senior litigation counsel in the office, will focus solely on such cases with an emphasis on medical supply hoarding and scams related to offer stimulus checks, Dunavant said. A national hotline has been created to report suspected fraud. Individuals can call 866-720-5721 or e-mail disaster@leo.gov to report suspected abuse.

Posted by: Stacey Shrader Joslin on Apr 1, 2020

Updates from the legal community include new dates for TLAW’s Empowerment Conference (Aug. 20-21), the Memphis Bar Association’s Bench Bar Conference (Oct. 1-4), the 12th Judicial District Bar Dinner with Alberto Gonzalez (Nov. 6) and new procedures at the Madison County courthouse, Shelby County criminal courts and Knox County jail. New resources include a Q&A on the Paycheck Protection Act, an in-depth analysis of tax provisions in the CARES Act, a sample simple will, and wellness tips from TLAP. Get these and other resources from the TBA’s Pandemic Resource Center, which includes sections dedicated to legal resources, cancellations, postponements and closures, changes in procedures, health and wellness resources, and updates about TBA events.

Posted by: Stacey Shrader Joslin on Apr 1, 2020

Sumner County has begun releasing some inmates convicted of minor crimes in an effort to reduce the risk of a possible COVID-19 outbreak at the jail, the Portland Sun reports. There were 37 inmates nearing the end of their sentence who were released from the county jail “days or weeks” ahead of schedule the local sheriff said.

Posted by: Stacey Shrader Joslin on Apr 1, 2020

Circuit Court judges in the Fourth Judicial District have signed a standing order that reduces to zero the bond required for nonviolent unsentenced individuals charged with a misdemeanor offense or those arrested for a felony technical violation of the rules of probation. The move is being taken to keep additional alleged offenders out of area jails and protect corrections officers, sheriffs’ deputies, law enforcement officers, healthcare workers and other professionals who regularly come in contact with inmates, the Citizen Tribune reports.

Posted by: Suzanne Craig Robertson on Apr 1, 2020

Your print copy of the April Tennessee Bar Journal is probably at your office, but in case you are not, it's also online and ready for you. This issue focuses on Access to Justice, leading with an account by lawyer Katie Blankenship as she volunteered at an ICE detention center in Georgia. This may not be your strength or area of interest, but there are many ways to get involved to help people with pro bono services, and this issue will help you figure that out. The Tennessee Access to Justice Commission gives an update and the Public Service Award honorees — Bill Coley, Ian Hennessey, Tim Hughes and Vanessa Zapata — are profiled, as well as those honored by the Corporate Counsel Pro Bono Initiative, HCA Healthcare and Bass, Berry & Sims. TBA President Sarah Y. Sheppeard writes about the devastation of March's tornadoes, how bar groups jumped in to start helping in recovery — and the need for lawyers to help. That need continues, and she offers easy ways to get involved.

Posted by: Stacey Shrader Joslin on Apr 1, 2020

The Madison County Courthouse will be closed for two weeks starting today, the Jackson Sun reports. Those two weeks could be extended indefinitely as both county and city governments work to move all business online amid the COVID-19 outbreak. As part of the closure, any type of business that would normally take place at the courthouse will now be completed via phone call, online or mail. The Chancery Court, which is located in the courthouse, will remain open in a limited capacity. The Tennessee Supreme Court has suspended most in-court proceedings, with some exceptions for emergency situations, until at least April 30.

Posted by: Stacey Shrader Joslin on Apr 1, 2020

Shelby County District Attorney General Amy Weirich announced Monday that all April court dates for general sessions court (criminal division) and criminal court involving those who currently are not jailed will be canceled, the Commercial Appeal reports. All jury trials also have been canceled for April. Weirich said the county is working to ascertain whether grand jury hearings will take place. The move means only cases involving inmates already in custody are being heard. Also in Memphis, a detention officer who works in the Shelby County Juvenile Detention Center has tested positive for COVID-19, the paper reports. In response, county commissioners are calling for all minors in county custody to be tested, regardless of symptoms.


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