TBA Law Blog


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Posted by: Stacey Shrader Joslin on May 9, 2022
News Type: TBA CLE, Upcoming

The American Bar Association will hold its Law Practice Division Spring Meeting in Nashville this week and TBA members are invited to attend two sessions on Thursday for free. Thursday's program, which offers two hours of CLE credit, will focus on practical topics such as managing workload and cybersecurity ethics. The first session “Time, Task, Email & Distraction Management for Lawyers” will begin at 2:30 p.m. CDT followed by “Safeguarding Client Data in Today’s Emerging Hybrid Practice” at 3:45 p.m. Read more about the programs and register for free using the code “TBA.”

Posted by: Stacey Shrader Joslin on May 9, 2022
News Type: BPR Actions

Davidson County lawyer Charles Martin Duke was suspended today from the practice of law for three years, with one year to be served on active suspension. The Tennessee Supreme Court also directed him to engage a practice monitor. The court found that while representing a client in a personal injury case, Duke failed to file an action within the statute of limitations and falsified a tolling agreement in an effort to mislead his client. Duke entered a conditional guilty plea acknowledging that his conduct violated Rules of Professional Conduct 1.1, 1.3, 1.4(a), 3.1, 3.3(a)(1), 3.4(b), 4.1(a), and 8.4(a), (b), (c) and (d).

Posted by: Stacey Shrader Joslin on May 9, 2022

The TBA Young Lawyers Division hosted a Debt Relief Clinic on April 30 to help low-income debtors in West Tennessee. Bankruptcy Judge Ruthie Hagan began the clinic with an overview of the bankruptcy system, and then clients met with volunteer attorneys in break-out Zoom rooms for counsel and advice about debt relief options. The award-winning clinic is supported by the TBA Bankruptcy Law Section, Tennessee Supreme Court Access to Justice Commission, Memphis Area Legal Services, and Legal Aid of East Tennessee. To learn more about pro bono opportunities with the YLD contact Alix Rogers.

Posted by: Stacey Shrader Joslin on May 9, 2022
News Type: Passages, Upcoming

In recognition of the judicial service of recently departed judges, the U.S. District Court for the Middle District of Tennessee is planning a memorial service on June 17 at 2 p.m. in the Rotunda of the Fred D. Thompson U.S. Courthouse and Federal Building. Members of the bar and public are invited to join the court to honor the contribution and legacy of district judges Thomas A. Wiseman Jr., John T. Nixon, Thomas A. Higgins and Todd J. Campbell, and Sixth Circuit Court Judge Gilbert S. Merritt Jr. and Magistrate Judge Kent Sandidge. A reception will follow with the opportunity to tour the new courthouse.

Posted by: Stacey Shrader Joslin on May 9, 2022
News Type: Legal News

The American Bar Association is once again considering dropping its requirement that law schools use a “valid and reliable test” in admissions decisions, Reuters reports. It previously considered the idea in 2018 but the proposal was pulled moments before a vote by the House of Delegates. Supporters of the testing requirement argue that eliminating it would disadvantage weaker students who would spend considerable time and money but then likely not succeed in the first year. Opponents argue that the cost of standardized tests and uneven access to preparation programs can create disparities across racial groups. The ABA’s Council of the Section of Legal Education and Admissions to the Bar is slated to consider the proposal when it meets May 20. Any changes approved by the council would also need to be approved by the ABA House of Delegates.

Posted by: Stacey Shrader Joslin on May 9, 2022
News Type: Legal News

A number of Tennessee law schools brought home honors in various competitions this spring. Two Belmont College of Law moot court teams competed in the ABA Appellate Advocacy Competition. One team was named regional finalist while the other took the regional championship. Duncan School of Law students also participated in the ABA competition with wins for the third oral advocacy round and the school’s first individual advocacy award. One team also advanced to the semifinals, missing the finals by one ballot. University of Tennessee College of Law students won for the best draft agreement at the Jaffe Transactional Law Invitational hosted by Wayne State University Law School. And Vanderbilt Law School students won the Bass Berry & Sims Moot Court Competition with one student receiving the Best Oralist Award and two others receiving the Best Brief Award.

Posted by: Stacey Shrader Joslin on May 9, 2022

Gov. Bill Lee has signed off on legislation banning transgender athletes from participating in female college sports, Action 5 News reports. The bill will go into effect July 1. The collegiate ban comes after a separate bill banned transgender athletes from competing on middle and high school sports teams. According to the Human Rights Campaign, Tennessee is one of eight states that have passed anti-transgender sports bills.

Posted by: Barry Kolar on May 9, 2022
News Type: Legal News

The Tennessee Bar Association is launching a survey of Tennessee lawyers this week and both TBA members and nonmember lawyers are encouraged to participate. The survey focuses on the impact COVID-19 has had on the working habits of Tennessee lawyers, the state of work/life balance in the Tennessee legal community, and current practices related to hiring, developing, promoting and compensating attorneys. The TBA’s Women in the Profession Committee worked with Yacoubian Research to develop the survey, which should take about 10 minutes to complete. While each attorney will receive a unique link to the survey by email, all results will be presented in the aggregate so individual responses will remain anonymous and confidential.

Posted by: Stacey Shrader Joslin on May 9, 2022

The next Veterans’ Legal Advice Clinic — a joint project of Knoxville area legal organizations — will take place Wednesday from noon to 2 p.m. EDT at the Knoxville Community Law Office, 1101 Liberty St. This general advice and referral clinic is supported by the Knoxville Bar Association Barristers and Young Lawyers Division, Legal Aid of East Tennessee, Knox County Public Defender’s Community Law Office, University of Tennessee  College of Law, Lincoln Memorial University-Duncan School of Law, and the local Veterans Affairs office. Sign up here to volunteer.

Posted by: Stacey Shrader Joslin on May 9, 2022

Gov. Bill Lee last week signed legislation increasing criminal penalties for anyone distributing abortion medication through telehealth or mail, the Tennessean reports. The bill prohibits any distribution of abortion medication except when prescribing is done in person by a physician. The physician is not required to monitor a patient during or after taking the medication, except for a required follow-up appointment within two weeks. The bill also makes it a Class E felony punishable by a fine of up to $50,000 if the new procedure is not followed.


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