TBA Law Blog


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Posted by: Stacey Shrader Joslin on May 10, 2021
News Type: Legal News

Personal injury lawyers tell the Daily Memphian they have to spend millions of dollars on marketing in order to compete against one another, and fend off “bad actors” who are promising potential clients “a loan, a car, the moon and the stars.” Multiple attorneys also confirmed to the paper that the Tennessee Bureau of Investigation has been looking into a pattern of illegal solicitation in Shelby County by, and on behalf of, personal injury lawyers. Part of that investigation is focused on former Shelby County Assistant District Attorney Glenda Adams, who was suspected of accessing accident reports and selling information to personal injury lawyers, chiropractors and physical therapy clinics. Adams was terminated last fall. The investigation could wrap up any day. But for lawyers like Henry Reaves of the Reaves Firm, the current environment is hurting clients and the profession. Illegal solicitation is a “big piece of the market in Memphis,” Reaves says. And it's "definitely got an underbelly.” Access a pdf of the story.

Posted by: Stacey Shrader Joslin on May 10, 2021
News Type: Legal News

The Davidson County Election Commission was scheduled to meet today to hear from its legal team on the constitutionality of a charter amendment being pushed by the anti-tax group 4 Good Government. Observers predict that the team will recommend the commission move forward with the amendment and set a date for a special election, Tennessee Lookout reports. That despite opposition to the amendment from Metro Law Director and former state attorney general Bob Cooper, who says that the language is too vaguely worded to be clearly implemented, that attempts to limit the city’s taxing powers is illegal and that the petitions themselves are legally flawed. The news source has created a primer on the issue, including background on what is being proposed, how it would affect Metro government, the looming legal battles and key players.

Posted by: Stacey Shrader Joslin on May 10, 2021
News Type: BPR Actions

The Tennessee Supreme Court suspended Davidson County lawyer C. LeAnn Smith from the practice of law last Friday after finding that she was “substantially non-compliant with a Tennessee Lawyers Assistance Program (TLAP) monitoring agreement and her non-compliance posed a threat of substantial harm to the public.” Smith is immediately precluded from accepting any new cases, and she must cease representing existing clients by June 6.

Posted by: Stacey Shrader Joslin on May 10, 2021
News Type: Election 2022

Coffee County attorney William Lockhart has announced his campaign for 14th Judicial District Circuit Court judge, the Tullahoma News reports. Lockhart currently practices in Manchester at Burch & Lockhart. A graduate of the University of Tennessee College of Law, he served as Coffee County Bar Association president from 2015-2021. He also serves on the Manchester Chamber of Commerce Board of Directors. Lockhart is presently a candidate for the governor’s appointment to the seat being vacated by Judge L. Craig Johnson. He indicated he will run regardless of who the governor chooses.

Posted by: Stacey Shrader Joslin on May 10, 2021
News Type: Legal News

Tennessee Attorney General Herbert H. Slatery III is leading a coalition of 44 attorneys general urging Facebook to abandon its plans to launch a version of Instagram for children under the age of 13. In a letter to the company, the attorneys general express various concerns over Facebook’s proposal, including research that social media can be harmful to the physical, emotional and mental well-being of children; rapidly worsening concerns about cyberbullying on Instagram; use of the platform by predators to target children; Facebook’s checkered record in protecting the welfare of children on its platforms; and children’s lack of capacity to navigate the complexities of what they encounter online. They also express doubt about the company’s ability to comply with relevant privacy laws such as the Children’s Online Privacy Protection Act (COPPA).

Posted by: Stacey Shrader Joslin on May 10, 2021
News Type: Legal News

Two Memphis Police officers were legally justified in fatally shooting a Frayser man on Dec. 26, 2019, Shelby County District Attorney General Amy Weirich said Thursday. The unidentified officers were cleared in the death of Antonio Smith Jr., which occurred during a domestic incident, Daily Memphian reports. “Based on the review and legal analysis of the TBI report, the two officers were legally justified in their use of lethal force in this case,” Weirich said. “The armed suspect, who ignored their commands to drop his weapons, clearly posed a threat of serious bodily injury to themselves and to bystanders.”

Posted by: Stacey Shrader Joslin on May 10, 2021
News Type: Legal News

A number of Memphis Law faculty members recently were honored with awards related to their teaching, scholarship and service during the past school year. The winner of the Farris Bobango PLC Faculty Scholarship Award, which recognizes outstanding scholarship, is Professor Lynda Black. The recipient of the Patricia and Dan Murrell Ethics and Professionalism Teaching Award, which recognizes creative and innovative methods for teaching ethics and professionalism, is Regina Hillman. The MLK50 Faculty Service Award goes to Professor Alena Allen. This award recognizes a faculty member who demonstrates outstanding service to the university, law school or legal community. The 2021 Adjunct of the Year Award was awarded to Marjorie S. Baker. And finally, the Professor of the Year Award was presented to Professor Ralph Brashier — the 11th time he has received the honor.

Posted by: Stacey Shrader Joslin on May 10, 2021
News Type: Legal News

A senior judge appointed by the Tennessee Supreme Court will decide whether or not Hendersonville’s ordinance regulating short-term rentals is constitutional after three Sumner County judges recused themselves from the case, the Hendersonville Standard reports. The court has appointed Senior Judge Robert E. Lee Davies of Williamson County to consider the city’s request that the zoning ordinance be ruled valid and enforceable, and one local renter be permanently enjoined from violating the rule.

Posted by: Stacey Shrader Joslin on May 10, 2021
News Type: TBA CLE

Davidson County civil courts will soon accept documents through e-filing. Join Joseph Day with the Davidson County Circuit Court Clerk’s Office and Rena Sanders with the Davidson County General Sessions Court for a webcast on Wednesday from noon to 1 p.m. CDT to learn how to use the system. Topics include setting up a user account, filing new cases and subsequent pleadings and reviewing case status. E-filing system will go live on May 24 so get prepared now! TBA members receive three prepaid credits and discounts on CLE programs. Not a member yet? Join now and take advantage of these benefits.

Posted by: Stacey Shrader Joslin on May 7, 2021

The Tennessee House recently approved a proposed constitutional amendment that would clarify that the state Constitution’s ban on slavery does not prohibit prisoners from working. The Senate passed the measure in March. Both chambers passed it last year. The proposed amendment will now be on the statewide ballot in November 2022, Mainstreet Nashville reports. During House debate, Rep. Joe Towns, D-Memphis, said the language came directly from the Tennessee Department of Correction and was intended to eliminate any confusion about whether work from prisoners could fall under the Constitution’s ban on slavery.


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