TBA Law Blog


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Posted by: Julia Wilburn on Nov 2, 2022
News Type: Legal News

The American Bar Association Standing Committee on Ethics and Professional Responsibility released a formal opinion today that provides practical guidance to lawyers operating in an email world, cautioning them to generally refrain from including their clients when sending emails to opposing lawyers. Formal Opinion 503 explores communications and the scope of ABA Model Rule 4.2, which is commonly called the “no-contact” or “anticontact” rule and has been part of the ABA Model Rules of Professional Conduct since its inception in 1983. The new formal opinion would not tag opposing lawyers with a violation of Rule 4.2 if they respond to a group email or text sent by the opposing counsel with a “reply all” even if that communication includes the opposing counsel’s client.

Posted by: Julia Wilburn on Nov 2, 2022
News Type: Upcoming

Legal Aid Society of Middle Tennessee and the Cumberlands is hosting a free Family Law Clinic on Saturday, Nov. 5 from 9 a.m.-12 p.m. at 1660 Oak Ridge Turnpike, Oak Ridge, TN 37830. Attorneys will offer free legal advice about orders of protection, getting a divorce, custody and child support, adoptions and domestic violence. If you need legal advice for any of the legal issues listed above, attend the clinic. Registration is not required. (Important: This clinic will only be for legal advice. The attorneys at the clinic will not be providing intakes or taking on any new clients.)

Posted by: Julia Wilburn on Nov 2, 2022
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti today announced the national Anti-Robocall Litigation Task Force is enforcing investigations into two voice service providers over alleged involvement in illegal robocalls. The targets of the investigation are Michael Lansky LLC — doing business as Avid Telecom — and One Eye LLC. The national task force is enforcing civil investigative demands (CIDs) against each entity. Fifty-one attorneys general participate in the national task force, which Indiana co-leads with North Carolina and Ohio. Read the full press release here.

Posted by: Julia Wilburn on Nov 2, 2022
News Type: Election 2022

The Associated Press reports that some Tennessee voters have cast ballots in the wrong congressional district. Davidson County Election Administrator Jeff Roberts says that at least one precinct has been affected. In that precinct, there is conflicting information between the legislature’s and the secretary of state’s maps, leading to some residents casting their ballots in the 6th district when they should be in the 7th district. Republican Congressman Mark Green is running against Democrat Odessa Kelly for that seat. During the redistricting process a few months ago, Republicans split the city of Nashville into three new districts.

Posted by: Stacey Shrader Joslin on Nov 1, 2022
News Type: Legal News

At the request of the Tennessee Court of Criminal Appeals, the Tennessee Judicial Conference Foundation has established a scholarship fund in honor of the late Court of Criminal Appeals Presiding Judge John Everett Williams. More than $6,000 has already been raised. Those interested in contributing should visit GiveButter.com and select the “John Everett Williams Scholarship” on the second screen. Checks may be mailed to The Tennessee Judicial Conference Foundation, Attn: Suzanne G. Keith, 629 Woodland St., Nashville, TN 37206-4211. The scholarship will be needs-based and will be awarded to Tennessee law students attending Cumberland School of Law. Both Williams and his father, the late John L. Williams, received their law degrees from the school. Judge Williams died Sept. 2 at the age of 68. He served on the court from 1998 until his death.

Posted by: Stacey Shrader Joslin on Nov 1, 2022

The Tennessee Supreme Court today permanently eliminated limitations on distance learning, allowing Tennessee-licensed attorneys to complete all continuing legal education requirements through remote learning. The order deletes Rule 21, section 4.09, and amends sections 3.01(c), 4.02(c) and (d), 4.03(a), 4.04, 4.08(f), 5.01(g), 5.01(h), and 10.01(c)(1) and (2). Appendix A of the order shows a red-line version of the changes, while Appendix B shows the new text with amendments incorporated. The court reports that it received numerous comments about the change from individual attorneys as well as from the Memphis Bar Association, Mid-South Commercial Law Institute, Nashville Bar Association and Tennessee Bar Association. Read more from the court.

Posted by: Stacey Shrader Joslin on Nov 1, 2022
News Type: Legal News

Online classes earned high marks from law students in a new survey, suggesting that remote learning has improved over the past two years and can be as effective as in-person instruction when done right, Reuters reports. Among survey respondents who took online classes, 76% rated the courses as good or excellent. That is a shift from early in the pandemic, when research found that law students were largely dissatisfied with online classes. The Law School Survey of Student Engagement also asked about the frequency of online classes: 70% of respondents said their classes were mostly in person this past year, 10% said they were mostly online and 20% said they were a mix of both. Finally, the survey identified two areas where online classes fell short: online students were less likely to feel supported by career services and fewer reported having positive relationships with their classmates.

Posted by: Stacey Shrader Joslin on Nov 1, 2022
News Type: BPR Actions

The Tennessee Supreme Court today denied a reinstatement request from Georgia lawyer Khristie L. Kelly, who had petitioned for reinstatement on July 19. The Tennessee Commission on Continuing Legal Education opposed Kelly’s reinstatement based on her failure to pay fees and establish compliance with mandatory continuing legal education requirements for three compliance years. Kelly was advised twice that her petition would not be granted until outstanding obligations were resolved. The court reports that Kelly did not satisfy the obligations by the deadline.

Posted by: Stacey Shrader Joslin on Nov 1, 2022
News Type: BPR Actions

The law license of Georgia attorney Robert Andrew Free was transferred to disability inactive status today. Free may not practice law while on inactive status. He may be reinstated to the practice of law after showing by clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law.

Posted by: Stacey Shrader Joslin on Nov 1, 2022
News Type: Legal News

At the Tennessee District Attorneys General Conference last week, 10th Judicial District Attorney General Stephen Crump received the Pat McCutchen Award, the highest honor given by the conference. Past award recipient and 18th Judicial District Attorney General Ray Whitley said Crump “is a prime example” of a prosecutor who actively improves the quality of justice for all Tennesseans and advances the conference as Tennessee’s voice for criminal justice. Crump began his career as an assistant district attorney in 1997. In 2014, he was appointed district attorney general by then-Gov. Bill Haslam, and was reelected in 2022. The award was established in 2000 in honor of the late Pat McCutchen, who served as conference executive director and district attorney general for the 19th Judicial District. The award was presented during the conference’s fall gathering in Chattanooga. Read the full release or see a photo from the event.


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