TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 28, 2021
News Type: Legal News

Newly elected Chattanooga Mayor Tim Kelly has named attorney and community leader Emily O’Donnell as his pick to serve as city attorney. If approved by the city council, she would be the first woman to occupy the city’s top legal office, Chattanoogan.com reports. O’Donnell spent the first half of her career as an attorney for Legal Aid of East Tennessee focusing on housing, domestic relations, employment and consumer issues. She moved on to private practice in 2018 and then founded her own firm with a focus on family law in 2019.

Posted by: Stacey Shrader Joslin on Apr 28, 2021
News Type: BPR Actions

The Tennessee Supreme Court yesterday permanently disbarred Knox County lawyer Wendell Kyle Hall from the practice of law in the state. The court found that Hall failed to (1) provide competent representation to his clients; (2) act with reasonable diligence and promptness in his representation; (3) respond to requests for information; (4) communicate with clients and keep them informed about their cases; (5) inform clients of his suspension; (6) notify clients of his withdrawal as attorney of record; (7) expedite litigation; (8) respond to complaints filed with the Board of Professional Responsibility; and (9) comply with court orders. Finally, the court found that Hall improperly requested and received a loan from a client without memorializing the loan in writing and without advising the client in writing to seek independent legal counsel.

Posted by: Stacey Shrader Joslin on Apr 28, 2021
News Type: Upcoming

The American Bar Association Standing Committee on Pro Bono and Public Service and the National Legal Aid & Defender Association will convene their annual Equal Justice Conference next week with a virtual program. The annual gathering of legal services and pro bono advocates will focus this year on strengthening civil justice partnerships. Special speakers will include Douglas Emhoff, entertainment law attorney and husband of Vice President Kamala Harris, entrepreneur Mark Cuban, civil rights lawyer Damon Hewitt and Vu Le, former director of a nonprofit focused on social justice.

Posted by: Stacey Shrader Joslin on Apr 28, 2021
News Type: Wellness Wednesday

The National Task Force on Lawyer Well-Being has launched a new nonprofit dedicated to advancing systemic change in the legal profession so that well-being becomes a core component of personal and professional success. The Institute for Well-Being in Law will seek to address growing concerns about mental health, substance use and addiction, and stress affecting lawyers. It also will coordinate next week’s “Well-Being Week In Law” to raise awareness and encourage action and innovation across the profession. Watch for wellness tips in TBA Today each day next week!

Posted by: Stacey Shrader Joslin on Apr 28, 2021

Make plans now to join colleagues for the 2021 TBA Annual Convention, presented this year as both an in-person event at The Peabody in Memphis and as a virtual online event the week of June 14. For both the in-person and virtual audiences, the event offers eight hours of CLE. This year's offerings include the ever-popular Legislative Update, which will feature a panel of lawmakers discussing the 2021 legislative session and an update on legislation of interest to lawyers with TBA Director of Public Policy and Government Affairs Berkley Schwarz and Legislative Counsel Brad Lampley. This legislative session has seen a more active effort to reshape the judiciary in the state. Don’t miss this opportunity to find out what it all means for your practice and the profession.

Posted by: Barry Kolar on Apr 28, 2021

Results from the February bar exam are scheduled to be released by 2 p.m. CDT Thursday, the Tennessee Board of Law Examiners has announced.  Watch the TBA.org website for results as soon as they are available. The February exam was administered remotely per a Tennessee Supreme Court order issued on Oct. 23, 2020. The next exam, set for June, also will be held virtually.

Posted by: Stacey Shrader Joslin on Apr 28, 2021
News Type: TBA CLE

This year’s Local Government Forum kicks off tomorrow and runs for two days. The virtual program will include sessions on ethics for municipal employees, law enforcement use of force, municipal court jurisdiction, blasting policies and more.

Also tomorrow is the Juvenile and Children's Law Forum, which will include a discussion about the impact COVID-19 has had on education, training on equality and two panel discussions on human trafficking.

Posted by: Kate Prince on Apr 27, 2021
News Type: BPR Actions

Sullivan County lawyer Kyle Douglas Vaughan was suspended from the practice of law today by the Tennessee Supreme Court. Vaughan pled guilty in July to theft of property over $60,000 and under $250,000. The court directed the Board of Professional Responsibility to institute a formal proceeding to determine the extent of final discipline to be imposed as a result of Vaughan’s guilty plea. On Jan. 21, Vaughan was temporarily suspended by the court for misappropriating funds and posing a threat of substantial harm to the public. Vaughan’s temporary suspension remains in effect pending further order of the court.

Posted by: Berkley Schwarz & Kate Prince on Apr 27, 2021

Today, the House Local Government Committee was scheduled to consider SB282/HB1386, sponsored by Rep. Chris Todd, R-Madison County, and Sen. Paul Rose, R-Covington. The bill would have capped attorneys’ fees and expenses for attorneys in lawsuits brought by county officials if counties refuse to provide the resources required to perform their duties. TBA lobbied committee members and they were prepared to kill the bill. Additionally, Matt Grossman, an attorney with Frantz, McConnell & Seymour in Knoxville, was ready to testify against the bill and the amendment on behalf of TBA. However, Todd sent the bill back to the clerk’s desk before the committee could vote on it. We would like to sincerely thank all of the attorneys who called committee members and asked them to oppose HB1386. It definitely made an impact!

Posted by: Kate Prince on Apr 27, 2021

Gov. Bill Lee this week signed an executive order removing the authority of most Tennessee counties to issue local mask mandates, WPLN reports. Lee also urged larger areas, including Davidson, Shelby, Hamilton, Knox, Sullivan and Madison counties, to drop any remaining mask requirements and COVID-related business restrictions. “COVID-19 is now a managed public health issue in Tennessee and no longer a statewide public health emergency,” Lee says. “As Tennesseans continue to get vaccinated, it’s time to lift remaining local restrictions, focus on economic recovery and get back to business in Tennessee.” Executive Order 80 extends to 89 counties where the state controls the local health department.


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