TBA Law Blog


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Posted by: Stacey Shrader Joslin on Sep 26, 2022

The Tennessee Supreme Court last week denied a petition from the Tennessee Lawyers’ Fund for Client Protection (TLFCP) to increase the annual attorney registration fee from $170 to $185 and to raise the portion of the fee it receives to $25. The court, however, said the petition “highlighted the need for a comprehensive review of the sufficiency of the annual registration fee and the allocation of funds” and that it would conduct such a review itself. At the completion of the review, the court said it would reconsider the request on its own motion. The court did grant two other TLFCP requests: (1) to modify the limitations on payments it may make by increasing the per-attorney cap and making the aggregate cap discretionary; and (2) to require it to publicize information about claims that are paid. These changes were made in Tennessee Supreme Court Rule 25, section 6.01(c), and Rule 9, section 28.11, and are spelled out in the attached order.

Posted by: Stacey Shrader Joslin on Sep 26, 2022
News Type: Congressional News

The U.S. Senate Permanent Subcommittee on Investigations says it has uncovered “shocking long-term gaps in federal oversight, including hundreds of uncounted deaths in 2021 alone.” Committee Chair Jon Ossoff, D-Georgia, expounded on the findings, saying the investigation uncovered nearly 1,000 deaths in custody in 2021 that went uncounted by the Department of Justice. The committee reports that the Justice Department has been inconsistent with the publishing of data, despite the Death in Custody Act, which requires a count to be made each year. In 2000 and 2014, Congress again passed legislation directing the department to comply with the law but the committee says the department shows no sign it is about to restart reporting the data. Read more of the committee’s findings in a piece by Poynter (scroll to the last article).

Posted by: Stacey Shrader Joslin on Sep 26, 2022
News Type: Legal News

TBA President Tasha Blakney joined the Young Lawyers Division Board for its Fall Meeting this past weekend in Orlando. Blakney spoke about her initiatives and TBA’s legislative priorities for the year and took questions from the group. She also joined board members for a networking event at Epcot. The TBA YLD Board held its Fall Meeting in conjunction with a Southeastern States Young Lawyers Regional Summit. See photos from the Fall Meeting and, in case you missed it, see photos from the Summit.

Posted by: Stacey Shrader Joslin on Sep 26, 2022
News Type: Your Career

The Memphis firm of Rogers, Brackin & Davis PLLC is seeking an associate attorney to work in its Family Law Group. Candidates should have one to two years of experience. Duties will include conducting legal research, drafting pleadings, participating in court hearings and working with clients and opposing counsel. The ideal candidate will have some courtroom experience and strong legal research and writing skills. Read the full job description and learn how to apply on the TBA's JobLink platform.

Posted by: Stacey Shrader Joslin on Sep 26, 2022
News Type: TBA CLE

The TBA’s Court Square Series is headed to Gallatin on Oct. 12. This three-hour program will provide attorneys with the latest developments in ethics, social security and elder law. Kick off the afternoon with a lunch and learn networking session with TBA President Tasha Blakney, followed by an ethics update from Board of Professional Responsibility counsel Eileen Burkhalter Smith. Chris George of George & George will be on hand to provide a Social Security 101 primer. Bryson Eubanks with Kane and Crowell will wrap up the day with a session on elder law. Programming will run from 11:30 a.m. until 3:15 p.m. CDT at Volunteer State Community College in the Mary Cole Nichols Dining Room B. Learn more and register here.

Posted by: Stacey Shrader Joslin on Sep 23, 2022
News Type: BPR Actions

Campbell County lawyer Eric John Montierth was temporarily suspended from the practice of law today after the Tennessee Supreme Court found he failed to respond to the Board of Professional Responsibility about three complaints of misconduct. Supreme Court Rule 9 Section 12.3 provides for the immediate suspension of an attorney’s license for failure to respond to a complaint. Montierth is immediately precluded from accepting any new cases, and must cease representing existing clients by Oct. 23.

Posted by: Liz Slagle Todaro on Sep 23, 2022

Bill Ketron, former state senator and Rutherford County mayor, has been hired as legislative liaison for Middle Tennessee State University (MTSU). According to a statement from MTSU, Ketron was hired for his “unique expertise and knowledge acquired from legislative service and deep ties to the university.” Tennessee Lookout reports that the position was not advertised and MTSU President Sidney McPhee hired Ketron under a little-known university policy permitting appointments, other than those requiring board approval, to be authorized by the president or his designee. The Tennessee Registry of Election Finance last year assessed a $135,000 civil penalty on Ketron for campaign finance violations, possibly affecting his eligibility to run for elected office. Ketron is replacing former state Rep. John Hood, who served as MTSU’s legislative liaison from 2008 until his retirement this year.

Posted by: Stacey Shrader Joslin on Sep 23, 2022
News Type: Legal News

Young lawyers from across the southeast are gathering in Orlando, Florida, this weekend for the first Southeastern States Young Lawyers Regional Summit. Tennessee is one of three host states of the event. Today’s programming featured five educational sessions, including a panel on young lawyers seeking judgeships, which included Tennessee’s youngest and newly elected Eighth Judicial District Criminal Court Judge Zack Walden; a session on diversity, featuring TBA Young Lawyers Division President-Elect Quinton Thompson of Memphis; a discussion of trust accounting with Jackson lawyer Kortney Simmons; and a session on managing non-attorney staff with Chattanooga attorney Claire Tuley. The TBA Young Lawyers Division is holding its Fall Board Meeting sessions tomorrow. See photos from the event.

Posted by: Kate Prince on Sep 23, 2022
News Type: BPR Actions

Davidson County lawyer John Martin Drake was today reinstated to the active practice of law by the Tennessee Supreme Court. However, the court conditioned his reinstatement on him serving two years on probation during which time he must complete five addition hours of continuing legal education and engage a mentor in his area of practice. The mentor must report to the Board of Professional Responsibility every six months. Drake had been suspended on April 28, 2017, for two years. He filed a petition for reinstatement in March and a hearing panel found his petition to be satisfactory.

Posted by: Liz Slagle Todaro on Sep 23, 2022
News Type: Legal News

Tennessee Secretary of State Tre Hargett issued a warning about an official-looking mailer that falsely suggests businesses or individuals need to obtain a copy of a certain financial statement filed against them. The scam mailer, “Tennessee UCC Statement Request Form,” tries to get Tennesseans to pay $107 for a copy of a UCC-1 financing statement. The scam, according to Hargett, “tries to trick borrowers into paying an excessive amount for a document they will most likely never need.” Read more at localmemphis.com.


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