TBA Law Blog


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Posted by: Kate Prince on Mar 18, 2021

A new episode of the TBA’s Legislative Updates podcast is now streaming on the TBA website. In this episode, TBA Director of Public Policy and Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley offer listeners a brief status report on SB1366/HB0237 regarding child custody and support, concerns raised over SB1097/HB1164 on probate issues and news on  HB519/SB884, which seeks to eliminate the state’s professional privilege tax (PPT). Lampley says of the PPT bill, “we’re getting some good momentum, that’s positive, but we certainly don’t want to suggest that we’re home free.” He and Schwarz continue to urge members to reach out to their state legislators and voice their opinion on the elimination of the tax. A new episode of Legislative Updates drops every Thursday and can be found on the TBA’s Facebook page or anywhere you listen to podcasts. 

Posted by: Stacey Shrader Joslin on Mar 17, 2021
News Type: Legal News

The Judicial Conference of the United States yesterday recommended that Congress create 77 new district judgeships in 17 states and two new judgeship in the 9th Circuit Court of Appeals. No court in Tennessee was on the list. The conference is also seeking more money to increase security at courthouses. More than 53 courthouses were damaged during demonstrations last year, and the judiciary wants funding to address vulnerabilities. Read more in the ABA Journal.

Posted by: Stacey Shrader Joslin on Mar 17, 2021
News Type: Legal News

The University of Tennessee College of Law Legal Clinic has been awarded a $100,000 grant to continue its work offering civil legal assistance to rural East Tennesseans, the school reports. The funding from the Tennessee Bar Foundation will go to the clinic’s ExpungeTN project, which includes a website with legal resources for those who want to restore their voting and other rights. It is the second grant from the foundation for this purpose.

Posted by: Stacey Shrader Joslin on Mar 17, 2021
News Type: Your Career

Nashville insurance defense firm Brewer, Krause, Brooks & Chastain PLLC has an immediate opening for licensed Tennessee attorney with two plus years of litigation experience to handle depositions, hearings and trials, along with the discovery and pleading practice. Applicants must have a strong academic record, along with excellent research and writing skills. Salary will be commensurate with experience. Send résumé, writing sample and cover letter to Parks T. Chastain by email at pchastain@bkblaw.com or by mail to Brewer, Krause, Brooks & Chastain PLLC, 545 Mainstream Dr., Ste. 101, Nashville, TN 37228.

Posted by: Stacey Shrader Joslin on Mar 17, 2021
News Type: Legal News

The IRS is planning to extend the 2020 tax-filing deadline to mid-May, according to a news release issued today by two U.S. House of Representatives members. House Ways and Means Committee Chair Richard Neal, D-Massachusetts, and Ways and Means Oversight Subcommittee Chair Bill Pascrell, D-New Jersey, said today that the deadline will be moved from April 15 to May 17. The development comes after Neal, Pascrell and other lawmakers pressed for an extension in recent weeks, The Hill reports. Neal and Pascrell said that while they appreciated the IRS's decision to issue a one-month extension, they will "continue to monitor developments during this hectic filing season." The IRS had already extended the filing deadline to June 15 for residents of Texas, Louisiana and Oklahoma because of winter storms.

Posted by: Stacey Shrader Joslin on Mar 17, 2021
News Type: Legal News

The TBA Young Lawyers Division today announced its leadership for the 2021-2022 bar year. All will take office in June at the TBA Convention. Officers will be: Billy Leslie, president; Brittany Faith, president-elect; Quinton Thompson, vice president; John Carrerras, secretary; and Justin Faith, treasurer. Other elected positions include the YLD’s three grand division governors — West Tennessee Governor Kortney Simmons, East Tennessee Governor Alex McVeagh and Middle Tennessee Governor Sean Aiello — and representatives to the TBA House of Delegates — East Tennessee YLD Delegate Justin Faith, Middle Tennessee YLD Delegate Mike Tackeff and West Tennessee YLD Delegate Will Gibbons. District representatives in odd-numbered districts also have been named. They are: Hunter Shelton, District 1; Charles Sharrett, District 3; Logan Threadgill, District 5; Kelly Gray, District 7; Rachel Bishop, District 9; Charles Ferguson, District 11; and Austin Stokes, District 13.

Posted by: Stacey Shrader Joslin on Mar 17, 2021
News Type: BPR Actions

Shelby County lawyer Elbert Everett Edwards received a censure today from the Supreme Court of Tennessee. The court conditioned the censure on Edwards attending the next Board of Professional Responsibility Ethics Workshop. The court found that while working as a contract attorney for a debt collection company, Edwards failed to contact a client, who was unaware of the representation. The client later objected to the contingency fee charged by Edwards after collecting the debt. Edwards agreed to a conditional guilty plea admitting his conduct violated Rules of Professional Conduct 1.2, 1.4 and 8.4.

Posted by: Stacey Shrader Joslin on Mar 17, 2021
News Type: Upcoming

Vanderbilt University Assistant Professor of History Brandon R. Byrd will deliver the next lecture in Vanderbilt Law School’s Dean’s Lecture Series on Race and Discrimination. He will speak on “The Unfinished Revolution: Race, Law, and the Struggle for Haitian Sovereignty.” The online event will take place tomorrow beginning at noon CDT. The event is free and open to the public. The annual lecture series convenes scholars and thought leaders to discuss race, civil rights, discrimination and critical historical milestones. Learn more and register here.

Posted by: Kate Prince on Mar 17, 2021
News Type: TBA CLE

The TBA Litigation Law Ethics Forum is just around the corner. Make plans now to join colleagues on March 30 from 9 a.m. until noon CDT. The program will feature commentary and analysis of litigation and other concerns about vaccines and COVID-related issues in the workplace, a discussion on access to justice issues exacerbated by the pandemic and an examination of the tricky ethical issues that arise when mixing jurors, jury selection and social media. Members of the Litigation Section can purchase the program at a discounted price. Not a section member? Join today!

Posted by: Stacey Shrader Joslin on Mar 17, 2021

The Associated Press reported today that State Election Coordinator Mark Goins helped lay the groundwork for HR 23, a state House resolution that would have set in motion a proceeding to remove Davidson County Chancellor Ellen Hobbs Lyle from office. A five-page memo from Goins to Rep. Tim Rudd, R-Murfreesboro, lays out a number of complaints against Lyle’s decision to expand the approved reasons for absentee voting during the November 2020 election. He also reportedly takes issue with Lyle’s “tone” and comments she made related to the decision. According to Goins, Rudd asked him to provide the information. Rudd sponsored HR23 and obtained quite a few cosponsors but the resolution was defeated in the House Civil Justice Subcommittee last week.


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