TBA Law Blog


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Posted by: Barry Kolar on Jun 10, 2021

Memphis attorneys AC and Ruby Wharton will be honored next week with the presentation of the TBA YLD Fellows William M. Leech Jr. Public Service Award. “AC and Ruby Wharton are the embodiment of excellence in service to the profession, the legal system and our community,” Fellows President and Memphis attorney Danny Van Horn says of the pair. “Each has contributed in their own way to the life of our profession, our community and the people we serve. They are the embodiment of 1 plus 1 can equal 3.” The Leech Public Service Award will be presented during the Tennessee Bar Association's Lawyers Luncheon on June 18.

Posted by: Stacey Shrader Joslin on Jun 9, 2021
News Type: Legal News

The Tennessee Department of Revenue recently announced that the state’s tax filing website will be getting a fresh look and feel in late June. The department says the site will offer a “cleaner look with information displayed in panels” and each panel will have quick links to make it easier to file and pay. An "action center" tab will list what is due, including payments, renewals and returns. Those who do not yet have an authentication code set up, will be prompted to do so by the system. More details about the upgrade are posted at www.TNTAPInfo.com.

Posted by: Stacey Shrader Joslin on Jun 9, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court on Monday refused to allow immigrants who receive "temporary protected status" — which enables them to stay in the United States on humanitarian grounds — to apply to become permanent residents if they entered the country without documentation. Writing for the unanimous court, Justice Elena Kagan said that "because a grant of TPS does not come with a ticket of admission, it does not eliminate the disqualifying effect of an unlawful entry." Reuters has more on the story.

Posted by: Stacey Shrader Joslin on Jun 9, 2021
News Type: Legal News

President Joe Biden has replaced former President Donald Trump’s executive orders that sought to ban downloads of the Chinese-owned apps TikTok and WeChat, The Hill reports. In place of bans, Biden directed the Commerce Department to conduct an “evidence-based” analysis of risks posed by software and apps designed and developed by a foreign adversary that may represent an “undue or unacceptable risk to the national security” to the American people. In addition to TikTok and WeChat, Biden’s order covers eight other communications and financial software applications.

Posted by: Stacey Shrader Joslin on Jun 9, 2021
News Type: BPR Actions

The Tennessee Supreme Court yesterday suspended Davidson County lawyer Karl Emmanuel Pulley from the practice of law for one year, with 30 days to be served on active suspension and the remainder on probation so long as he engages a practice monitor. The court took the action based on four complaints. Pulley executed a conditional guilty plea acknowledging he failed to reasonably communicate with clients regarding their cases; failed to act in a diligent manner and expedite clients’ litigation; failed to timely respond to discovery requests; charged a non-refundable fee without the client executing a written fee agreement; accepted client referrals from a non-registered intermediary organization; and failed to take reasonable steps to protect a client’s interest after terminating representation. Pulley’s actions violated Rules of Professional Conduct 1.3, 1.4, 1.5, 3.4(d), 1.16, 7.6 and 8.4(a).

Posted by: Stacey Shrader Joslin on Jun 9, 2021

The Hamilton County Commission voted unanimously today to appoint Joan Carter, widow of the late Rep. Mike Carter, to his House seat until a special election is held. All nine members voted in favor of the appointment, the Times Free Press reports. A primary to fill the seat will be July 27 with the general election on Sept. 14. District 29 represents Ooltewah, Collegedale and Harrison. Carter died in May after a battle with pancreatic cancer. He was a Hamilton County General Sessions judge, attorney and businessman. Yahoo News also has the story.

Posted by: Stacey Shrader Joslin on Jun 9, 2021
News Type: Election 2022

Circuit Court Judges Deanna Johnson, Mike Binkley and Woody Woodruff, who all serve in the 21st Judicial District, recently announced reelection campaigns, the Williamson Herald reports. Each will run for reelection in the May 2022 Republican primary. Johnson began her service on the bench when appointed in November 2014 and was unopposed in her first election. Binkley was elected in a 2012 special election and retained his seat in the 2014 election. Woodruff was elected in 2014 and has served since then. All three were in private practice before joining the bench.

Posted by: Stacey Shrader Joslin on Jun 9, 2021
News Type: Wellness Wednesday

The legal profession may struggle to identify lawyers experiencing cognitive decline, partly because lawyers are good at hiding their problems and redirecting conversations, according to the ABA Journal. The chair of the ABA Commission on Lawyer Assistance Programs also tells Bloomberg Law that lawyers tend to think they are invincible and find their identities closely intertwined with their work, both of which make it difficult to recognize when it is time to retire. Though no statistics exist regarding the prevalence of dementia in the profession, the number of practicing lawyers older than age 65 has increased more than 50% over the last decade and the legal field has double the percentage of older individuals than the general working population — all of which suggests this issue could be worse for the legal field. States vary on whether they require lawyers to report or intervene when another lawyer is impaired. At least a dozen have issued ethics opinions on duties, as has the American Bar Association.

Posted by: Stacey Shrader Joslin on Jun 9, 2021

Don’t miss this highlight of next week’s TBA Convention! The annual Lawyers Luncheon will take place June 18 at noon CDT at The Peabody in Memphis and via livestream for virtual registrants. Make sure to join in as colleagues from across the state are honored with awards, including the Justice Frank F. Drowota III Award, the Justice Joseph W. Henry Award for Outstanding Legal Writing, the Judge Pamela L. Reeves Tennessee Professionalism Award, and still to be announced Claudia Jack Award, Fourth Estate Award, YLD Fellows William M. Leech Jr. Public Service Award, and President’s Awards for those who served with distinction this past year. The lunch also will include passing of the gavel from TBA President Michelle Greenway Sellers to President-elect Sherie Edwards and oath of office administered by Tennessee Supreme Court Chief Justice Jeffrey S. Bivins. It’s not too late to register for the virtual experience.

Posted by: Stacey Shrader Joslin on Jun 9, 2021
News Type: TBA CLE

A one-hour virtual seminar set for Friday will examine the recent Tennessee Supreme Court decision in Yebuah et al. v. Center for Urological Treatment, a health care liability action involving application of the statutory cap on non-economic damages to loss of consortium claims. Join Nashville attorney Donald Capparella, who argued the appeal, and Knoxville attorney, former TBA president and past Appellate Practice Section chair Buck Lewis to learn more about the case. The program will include time for Q&A.


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