TBA Law Blog


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Posted by: Kate Prince on Aug 18, 2021
News Type: Legal News

A Bedford County man was arrested Tuesday for allegedly assaulting a law enforcement officer during the Jan. 6 riot at the U.S. Capitol, Nashville’s News Channel 5 reports. Ronald Colton McAbee of Unionville was indicted on four charges related to the riot, including assault, entering and remaining in a restricted building or grounds with a deadly or dangerous weapon and disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon. He is one of 16 Tennesseans who have been arrested for their role in the incident.

Posted by: Kate Prince on Aug 18, 2021
News Type: Legal News

More than 100 former and current prosecutors and law enforcement officials are calling on President Joe Biden to fulfill his campaign promise of creating a task force to evaluate how criminal cases are prosecuted in the U.S., the Associated Press reports. The task force included in Biden’s criminal justice platform would look at prosecutorial discretion and its impact on sentencing, parole and probation and plea deals. In a letter to the Biden administration, the group noted much of the discussion around criminal justice reforms neglects to address the importance of prosecutors in the system and policy changes such as ending cash bail and declining to prosecute smaller crimes as ways to address racial inequity, persistent poverty and over incarceration. 

Posted by: Kate Prince on Aug 18, 2021
News Type: Legal News

Attorneys Bill Haltom and John P. Williams, in a new opinion piece for the Commercial Appeal, suggest that three state representatives who were essential in the ratification of the 19th Amendment be honored in the space that once housed the bust of Nathan Bedford Forrest at the state Capitol. Despite strong opposition, state Reps. Joseph Hanover, Banks Turner and Harry Burn helped pass the 19th Amendment in 1920, guaranteeing American women the right to vote. Haltom and Williams, alongside Paula Casey and Tyler Boyd, write that busts of the three men, two of which have already been sculpted, should be placed in the space that sits empty after the busts of Nathan Bedford Forrest, Admiral David Farragut and Albert Gleaves were moved to the State Museum. “The placement of these busts in the State Capitol will tell the story for future generations to know that the 19th Amendment would not have passed without the efforts of these three legislators,” they write. Read the full article here.

Posted by: Kate Prince on Aug 18, 2021
News Type: Legal News

An attorney for Gregory Livingston, the Kroger security guard accused of fatally shooting Alvin Motley over loud music, is asking a judge to prevent the release of any videos associated with the incident, the Daily Memphian reports. Livingston’s attorney Leslie Ballin told Shelby County General Sessions Court Judge Louis Montesi that three videos reportedly from the night of the shooting should be barred from release because they “could have the potential to affect the jury pool” in the case. Ronald Dowdy and David Jones, two Davidson County assistant district attorneys, are prosecuting the case for the state after Shelby County District Attorney Amy Weirich recused her office because of a conflict. Dowdy and Jones asked the court to not issue the protective order at this time because their plan to show the video to Motley’s family members, some of whom live out-of-state, would violate the order.

Posted by: Kate Prince on Aug 18, 2021

Brian Faughnan, shareholder in the Memphis office of Lewis Thomason, was recently elected president of the Association of Professional Responsibility Lawyers (APRL). Faughnan has served as the organization’s treasurer, secretary and president-elect and will now lead the group through August 2022. APRL is made up of 400 lawyers, law professors and judges who hold an interest in lawyers’ professional responsibility, legal ethics, legal malpractice and the evolving law of lawyering, primarily through the application of the rules of lawyer ethics to the practice of law. Faughnan practices in commercial litigation, appellate litigation and media law at Lewis Thomason and works in conjunction with the firm’s president in all ethics and professional responsibility matters within the firm. He is a TBA member and a frequent speaker for the TBA on ethics and professional responsibility issues. Read more from Lewis Thomason

Posted by: Kate Prince on Aug 18, 2021
News Type: Legal News

A Nashville judge today exonerated Paul Shane Garrett in a 2000 murder case of a woman in North Nashville, the Tennessean reports. Davidson County Criminal Court Judge Angelita Dalton earlier this month overturned Garrett’s manslaughter conviction, but formally dismissed all charges against him today. DNA evidence connecting another man to the murder was found, but not fully investigated until 2011 and not reviewed for a second time until this year. Garrett was represented by Tennessee Innocence Project Executive Director Jessica Van Dyke and co-counsel Stephen Johnson with the firm Ritchie, Davies, Johnson & Stovall. "For Mr. Garrett, this has been a slow walk toward justice, and we are honored to finish this journey with him and his family,” Van Dyke said.

Posted by: Kate Prince on Aug 18, 2021
News Type: Wellness Wednesday

Do you set goals with intention? The third installment of the TBA’s video series on quick tips for attorney well-being covers effective goal setting. In this week’s short video, licensed psychotherapist Lindsey O’Connell discusses the importance of setting intentional goals that enhance your life and provide you with tools needed to overcome challenges. To accomplish this, O’Connell suggests implementing the SMART—specific, measurable, attainable, relevant, timebound—goal technique. Learn more about the technique and other tips for goal setting on the TBA’s YouTube page.

Posted by: Stacey Shrader Joslin on Aug 18, 2021
News Type: BPR Actions

The Supreme Court of Tennessee suspended 147 attorneys yesterday for failing to complete annual continuing legal education requirements in 2020. View the Aug. 17 order or see the full list, which will reflect when lawyers are reinstated. Access all administrative suspension lists dating back to 2005.

Posted by: Kate Prince on Aug 18, 2021
News Type: TBA CLE

Save the date for this year’s Animal Law Forum, taking place in person and outside at the Nashville Zoo on Sept. 24. Programming will run from 8:30 a.m. until 5 p.m. CDT and will provide attendees with a unique opportunity to brush up on trends and advancements in animal law, while networking and enjoying the fun and activities the zoo offers. The zoo’s president and CEO and the board’s general counsel will discuss conservation efforts and laws affecting procurement and care for zoo animals. Other topics include ethical considerations for animals and the law, legislative updates, laws governing farm animals and more. Zoo admission, breakfast and lunch are included with the program.

Posted by: Mindy Thomas on Aug 17, 2021
News Type: Your Practice

See what’s new in TBA’s Practice Management Center with updates in our Protecting a Firm section related to backup strategies, ransomware defense and antivirus, and wireless encryption. Also, be sure to check out a new whitepaper on Google Workspace and Microsoft 365.


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