TBA Law Blog


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Posted by: Stacey Shrader Joslin on May 19, 2021
News Type: TBA CLE

Nobody wants to be THAT person. Learn how to avoid diversity, equity and inclusion faux pas during a live webcast with Kansas City, Missouri, attorneys Keith and Dana Cutler next Thursday beginning at 1 p.m. CDT. The Cutlers will define and explain the concepts of microaggressions, non-binary bias, implicit biases and allyship, and share ideas for increasing diversity, equity and inclusion in your work environment and the legal profession. The couple are partners in the law firm of James W. Tippin & Associates where they practice civil defense litigation, education law and small business representation.

Posted by: Stacey Shrader Joslin on May 19, 2021

President Joe Biden took executive action yesterday designed to ensure minorities, low-income Americans and others have better access to quality legal representation after services dwindled during the Trump administration, the Associated Press reports. Biden signed a memorandum directing Attorney General Merrick Garland to submit a plan within 120 days to restore the key functions of the Access to Justice Office, which was created in 2010 and has worked on issues such as criminal indigent defense, enforcement of fines, language barriers in the courts and civil legal aid. The office was shut down by the Trump Justice Department in 2018. The order also directs Garland to reestablish the White House Legal Aid Interagency Roundtable and task the group with examining the impact the COVID-19 pandemic has had on access to justice. WMC Action News 5 has more on the story.

Posted by: Stacey Shrader Joslin on May 19, 2021
News Type: Wellness Wednesday

A new study finds that depression symptoms, anxiety and stress are higher in women attorneys since the pandemic, the ABA Journal reports. The report also finds that a larger percentage of women than men are engaging in risky or hazardous drinking, and one in four women have considered leaving the profession due to mental health concerns. Causes identified include disparity in power in the workplace, disparity in promotions and pay, discrimination and lack of opportunity. The study was conducted by a University of Minnesota psychiatry professor and a lawyer who also is a licensed and board-certified alcohol and drug counselor. The pair write about their findings in “Stress, drink, leave: An examination of gender-specific risk factors for mental health problems and attrition among licensed attorneys.” Related, another recent survey from legal recruiter Major, Lindsey & Africa found about one in five respondents have not been satisfied with how their firm has supported parents during the pandemic. Westlaw has more on that study.

Posted by: Stacey Shrader Joslin on May 19, 2021

The 2021 TBA Annual Convention, presented this year as both an in-person and virtual event, will offer two roundtables for attendees to learn more about important issues affecting the practice of law. On Monday, June 14, at 3 p.m. CDT, TBA President-elect Sherie Edwards will moderate a discussion between Tennessee Supreme Court Justice Sharon Lee, Nashville lawyer and former TBA president Jackie Dixon with Weatherly & Dixon, and retired Memphis lawyer and former TBA president Bill Haltom, who will share their experiences and thoughts on the topic of civility in the legal profession. Then on Tuesday, leaders will discuss the TBA’s new Law Practice Management Center, which offers resources for launching, building and leading a firm. Make plans now to join your colleagues for these sessions and bring your questions and your own stories to share!

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

A new survey from insurance broker Ames & Gough has found that legal malpractice payouts are the highest on record, the ABA Journal reports. The survey, which asked 11 leading legal malpractice insurers about claims paid from 2019 to the middle of 2020, found that, although payouts surged, the number of claims stayed the same or decreased for nine of the 11 insurers. The 11 insurers surveyed provide insurance to 80% of the top-grossing law firms in the United States. The largest number of claims stem from three practice areas: trusts and estates, business transactions, and corporate securities. According to Ames & Gough, claims for trusts and estates work are increasing as the baby boomer generation ages, and court decisions allow third parties to sue law firms for work on behalf of a client.

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

A prosecution unit assembled by Shelby County District Attorney Amy Weirich to target police brutality has filed criminal charges against two law enforcement officers, the Daily Memphian reports. The Conduct Review Team (CRT) was formed last summer after an investigation by the Institute for Public Service Reporting and The Daily Memphian found that the Memphis Police Department was not sending incidents of excessive force, even some severe cases, to prosecutors. A new policy adopted in March now requires MPD to send all excessive force cases to the five-member CRT, which analyzes bodycam video, records and other evidence to weigh officer actions against applicable criminal laws such as assault and official oppression. One MPD patrolman who allegedly pepper sprayed a handcuffed mentally ill man and a Shelby County Sheriff ’s deputy accused of assaulting a motorist have already been indicted following CRT investigations.

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

A group of Nashville labor unions, businesses, faith groups and community activists has launched a campaign to defeat the city’s property tax referendum, the Tennessean reports. The coalition, Save Nashville Now, says the proposal to roll back Nashville’s 2020 property tax increase and limit Metro government’s power over future increases could lead to “drastic” cuts to city services, undermine public safety and “hamper” Nashville’s recovery efforts from the COVID-19 pandemic. Metro government and the Nashville Business Coalition sued the Davidson County Election Commission over its decision to place the issue on the ballot, which will go before voters on July 27. Charles Robert Bone of Nashville law firm Bone McAllester Norton PLLC will serve as the group's treasurer.

Posted by: Kate Prince on May 18, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court has announced that it will review Mississippi’s ban on abortions after 15 weeks of pregnancy, a direct challenge to the standards set by Roe v. Wade, WPLN reports. Tennessee has been among several states putting more restrictions on abortions, last month telling a federal appeals court that the state’s goal is to ban abortion when a fetus might be able to feel pain. SCOTUS will hear the case this fall and a ruling could be possible in a little over a year.

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

The Hamilton County General Sessions Court has launched a new online dispute resolution (ODR) program offering those with unpaid medical debts a chance to avoid court and negotiate for themselves. Those with debts owed to Erlanger Baroness Hospital can register for free on the TN Med Debt website and chat with a representative from the hospital where they can discuss payment plans or adjusted pricing. Users can also request help from a Rule 31-trained mediator. Tennessee has the 10th highest rate of medical debt in the country. Ninety-three out of 95 counties in the state have medical debt above the national average and one of four Tennesseans report that their credit history has been adversely affected by medical debt. Hamilton County General Sessions Judge Alex McVeagh, who was among the team that helped launch the ODR program, said in 2019 alone, his court handled roughly 15,000 civil cases, many of them for medical debt. The program hopes to make the entire process less costly and time consuming for citizens of the state, while also helping alleviate a clogged court system. 

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

Former U.S. Attorney for the Western Division, Mike Dunavant, has accepted a position with the state Comptroller’s Office, the Daily Memphian reports. In his new role, Dunavant will be the chief investigative counsel for the office’s Division of Investigations. He will focus on investigating allegations of fraud, waste and abuse in government and other publicly funded entities. “My heart’s desire is in public service, and I look forward to joining the outstanding team in the Comptroller’s Office to make government work better,” Dunavant said in a statement.


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