TBA Law Blog


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Posted by: Kate Prince on May 26, 2022

The Tennessee Star quotes unnamed sources saying that Gov. Bill Lee’s preferred choice for state attorney general is former Tennessee Court of Appeals judge and state Chief Operating Officer Brandon Gibson. The Tennessee Supreme Court ultimately appoints the state attorney general, but the Star reports that its sources say it is a “generally held belief amongst those high up in the Lee administration and the Governor himself, that she [Gibson] has the job in the bag.”

Posted by: Kate Prince on May 26, 2022

Tennessee lawmakers were quick to condemn the mass shooting at Robb Elementary School in Uvalde, Texas, this week, Axios Nashville reports. Rep. John Ray Clemmons, D-Nashville, during a press conference Wednesday urged Gov. Bill Lee to call a special legislative session to "work together and take action on the public health crisis." He also called for a pause on gun purchases without background checks. NewsChannel 5 reports House Speaker Cameron Sexton, R-Crossville, rebuked the idea of a special session but, along with other Republicans, expressed interest in increasing funding for Student Resource Officers (SROs).

Posted by: Kate Prince on May 26, 2022
News Type: Legal News

A recent report that found leaders of the Southern Baptist Convention (SBC) helped cover up sexual abuse reports for two decades is claiming the convention acted on the advice of attorneys from a Nashville law firm, the Tennessean reports. The report, conducted by Guidepost Solutions, says Guenther, Jordan & Price advised SBC officials to ignore reports of sexual abuse, focusing only on “protecting the SBC from legal liability and not on caring for survivors or creating any plan to prevent sexual abuse within SBC churches.” Attorneys Jim Guenther and Jaime Jordan shot back at the claim saying professional standards necessitated them to "zealously protect our clients' legitimate interests." The law firm resigned from representing the SBC and its executive committee in October after 56 years, but still represents other Southern Baptist organizations, including the Tennessee Baptist Convention. Jordan wrote the Tennessean on Wednesday, saying “The advice we gave was framed and guided by decisions made by our client.”

Posted by: Kate Prince on May 26, 2022

State lawmakers have renamed a bridge on Interstate 75 that spans State Route 2/U.S. Highway 64 in Ooltewah in honor of late state Rep. Mike Carter, the Chattanoogan reports. The renaming was included in the Transportation Omnibus Bill, which Gov. Bill Lee signed off on earlier this month. The bridge will now be known as the “State Representative Mike Carter Memorial Bridge.” Bill sponsor Rep. Dan Howell, R-Cleveland, said Carter “was a dedicated, highly respected public servant, attorney, judge and state representative for House District 29.” He added that the late representative “did a lot for Tennessee and left his imprint on this body.”

Posted by: Kate Prince on May 26, 2022
News Type: TBA Convention 2022

Register now to join your colleagues at the 2022 TBA Annual Convention before the price increases on June 1. The in-person event is set for June 15-18 at the downtown Nashville Hilton, featuring key convention events such as the Better Right Now and Legislative Update CLE programs, Bench Bar CLE and Luncheon, Lawyers Luncheon and more. In person law school breakfasts are back for the first time since 2019 and the Thursday evening Bench/Bar social event will include dinner and a live band on the rooftop of Nashville's new Fifth & Broadway entertainment venue. The current event rate is $425 for TBA members, but will increase to $495 after June 1. Learn more and get registered here.

Posted by: Kate Prince on May 26, 2022
News Type: Your Career

Morgan & Akins PLLC has an opening in its Nashville office for an attorney with general liability and/or workers’ compensation experience. Defense work preferred but not necessary.  Salary is competitive and commensurate with experience and includes a benefits package. Excellent writing and communication skills are required, as is the ability to work independently and collaborate with other attorneys. To apply for the position, please send a resume and writing sample to nakins@morganakins.com and cjackson@morganakins.com. Find more on this position and others on the TBA’s JobLink site.

Posted by: Stacey Shrader Joslin on May 26, 2022
News Type: Legal News

The Tennessee Supreme Court issued an order Tuesday requesting comments on a proposal to change the requirements for comity. The proposal, submitted by The Network of Enlightened Women, would amend Tennessee Supreme Court Rule 7, Section 5.01(c) to remove the requirement that the lawyer maintain a full time law practice or full time law school teaching position. Comments should be submitted by July 25. Comments should reference the docket number and be e-mailed or mailed to: James M. Hivner, Clerk, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Ave. North, Nashville, TN 37219-1407.

Posted by: Sean Deitrick on May 26, 2022
News Type: U.S. Supreme Court

In an appeal from the 9th Circuit, the U.S. Supreme Court earlier this week held that a federal habeas court may not conduct an evidentiary hearing or consider evidence beyond that developed in the state court record based on the ineffective assistance of post-conviction counsel. The respondents, both Arizona prisoners convicted of capital offenses, had filed for federal habeas relief on the basis that trial counsel had been ineffective and that post-conviction counsel had, in turn, been ineffective by failing to properly present those claims in state court. As a result, the claims had been procedurally defaulted. In district court, respondents were permitted to supplement the record with evidence not presented in state court in order to show cause to excuse the procedural default; in one case, the 9th Circuit remanded for further evidentiary development. In its reversal, the court reiterated the standard that "[w]ith respect to cause, attorney error cannot provide cause to excuse a default in proceedings for which the Constitution does not guarantee the assistance of counsel at all." Read more from SCOTUSblog.

Posted by: Stacey Shrader Joslin on May 26, 2022
News Type: BPR Actions

The Tennessee Supreme Court yesterday suspended 14 attorneys for failure to pay the annual registration fee; 10 of them also failed to file proof that client funds are held in an IOLTA-compliant account. View the May 25 fee suspension order and IOLTA suspension order. See the list of all lawyers suspended for fee and IOLTA violations in 2022 or access all administrative suspensions dating back to 2005.

Posted by: Stacey Shrader Joslin on May 25, 2022
News Type: Wellness Wednesday

"There are some occupational mindset hazards that we learn in law school. While these mindsets may help us in the practice of law, they undermine our resiliency," says Robert Goldman J.D., Psy.D. Goldman is an advisor on the New York State Bar Association Task Force on Attorney Wellbeing. He examines "Why the Legal System Needs to Prioritize Attorney Wellbeing" in this Psychology Today article.


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