Legislation that would eliminate the professional privilege tax today cleared the House Finance, Ways and Means subcommittee.  HB519/SB884 must now be considered by both the House and Senate Finance Committees. TBA Director of Public Policy and Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley discuss the matter on today’s episode of the TBA Legislative Updates podcast. The pair also talk about this week's failure of HR23, which sought to remove Chancellor Ellen Hobbs Lyle from the bench, and additional TBA-sponsored legislation. 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. 

Register now for the TBA Litigation Law Ethics Forum set for 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!

TBA CLE will host Real Estate Concerns in Elder Law on March 23 from 11 a.m. until noon CDT. This live virtual event will be led by Barbara Moss from Elder Law of Nashville and George Mudter of Mudter, Patterson & Cox PLLC, who will discuss the intersection of elder and real estate laws, including, best practices, common concerns and more.

Lawyers can practice law virtually but must ensure that they consider various ethical responsibilities related to the duties of competence, diligence, communication, confidentiality and supervision, according to a new opinion released today by the ABA’s Standing Committee on Professional Responsibility. Formal Opinion 498 calls for lawyers to stay informed about the benefits and risks of relevant technology and recognize the limitations of virtual practice. The rule requires that lawyers continue to follow other ethics rules related to practicing law, including pursuing client matters without unnecessary delay, keeping clients informed about their cases, ensuring confidentiality of client information, and supervising subordinate lawyers and nonlawyer assistants. Finally, the opinion notes that it does not address issues involving interstate virtual practice or the unauthorized practice of law. Read more from the ABA Journal.

Memphis lawyer Kevin Weaver, chair of the TBA Adoption Law Section, testified today before the House Children & Family Affairs Subcommittee on the section’s bill HB200. The bill, sponsored by committee chair Mike Carter, R-Ooltewah, expands the factors a court may consider in determining whether termination of parental rights is in the best interest of the child, among other things. The panel approved the bill, which will be heard next week by the House Civil Justice Committee. The Senate version, SB205, sponsored by Sen. Ferrell Haile, R-Gallatin, has been referred to the Senate Judiciary Committee.

Members of the Democratic Women's Caucus have introduced legislation to create a monument in honor of the late Supreme Court Justice Ruth Bader Ginsburg in the U.S. Capitol or on capitol grounds, WSMV reports. Sen. Amy Klobuchar, D-Minnesota, has introduced a companion bill in the Senate. Ginsburg died in September 2020 at age 87 after serving for 27 years on the high court.

A resolution to add Tennessee’s Right to Work law to the state constitution was given final approval from the Senate on Monday night, Chattanoogan.com reports. Senate Joint Resolution 2, sponsored by Sen. Brian Kelsey, R-Germantown, received more than the two-thirds vote required to pass. Now the measure goes to the House. Today, the House Banking and Consumer Affairs Committee was scheduled to discuss House Joint Resolution 72 sponsored by Rep. Chris Todd, R-Jackson. If approved by the House, the amendment would be put to voters in 2022. Tennessee’s Right to Work statute has been state law since 1947. 

Baker Donelson has received the ABA’s Free Legal Answers 2020 Pro Bono Leader Award in recognition of contributions made by firm attorneys to the virtual legal advice clinic “Free Legal Answers.” The award is presented each year by the ABA Standing Committee on Pro Bono and Public Service. Baker Donelson lawyers helped develop “Tennessee Free Legal Answers” — a free online service for low-income clients — a decade ago. The project has since expanded to 42 states under the direction of the ABA. More than 145,000 pro bono legal questions have been answered through the program. In 2020, Baker Donelson attorneys answered more legal questions than any other law firm or legal group, responding to 1,155 questions from Georgia, Louisiana and Tennessee.

A new, cutting-edge court program in Tennessee is changing the way the judiciary interacts with at-risk children and their families, the Administrative Office of the Courts said this week. The Family Preservation Initiative, a pilot project supervised by Rutherford County Juvenile Court Judge Donna Scott Davenport and funded by the National Center for State Courts, seeks to identify and aid youths and their families before or just after an initial petition is filed in a child welfare matter, with the goal of preventing family separations and providing critical “wrap around” support and services. Magistrate Stacy Lynch will preside over the Family Preservation Court, while Sheila Barrera will serve as project coordinator. Once the project is fully operational, they will take referrals from various agencies and organizations, including schools, local police, the Department of Children’s Services, community mental health agencies and juvenile court.

Federal law enforcement officials continue to arrest people in Tennessee in connection with the Jan. 6 insurrection at the U.S. Capitol, WPLN reports. The latest is Ronnie B. Presley of Bethpage. The FBI arrested him in Old Hickory Friday. He was expected in court Monday. Other Tennesseans arrested include Bryan Wayne Ivey of Crossville; Jack Jesse Griffith and Eric Chase Torrens of Gallatin; Matthew Bledsoe of Memphis; and Eric Munchel and Blake Austin Reed of Nashville. In related news, officials arrested Federico Klein last week. He is believed to be the first Trump political appointee suspected of being involved in the attack, according to The Hill.