TBA Law Blog


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Posted by: Azya Thornton on Mar 5, 2025
News Type: Legal News

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility today released a formal opinion that provides clarification on when a lawyer may divulge information when they are a victim of a crime by a client or prospective client. Formal Opinion 515 states that such disclosures are implicitly permitted under Model Rule 1.6 to allow for investigation, prosecution or other remedies. The exception also applies when the victim is someone associated with or related to the lawyer, provided the lawyer is a witness to the crime. The committee also noted that a client-lawyer relationship is unlikely to continue after such an incident and that lawyers typically must inform clients of the disclosure under Rule 1.4.

Posted by: Julia Wilburn on Mar 5, 2025
News Type: Legal News

Friday’s TBA Estate Planning & Probate Forum was a huge success with more than 280 in-person attendees. This forum remains the premier event for Tennessee planners and professionals of related practice areas. The daylong event featured expert speakers covering topics such as community property trusts, AI developments, a probate panel, ethics, legislative updates and much more. The continued growth is a testament to the topnotch programming, presenters and hard work of the Estate Planning Section leadership. Event sponsors were onsite to provide information regarding their organizations to TBA members. Thanks to presenting sponsor Holland & Knight, breakfast sponsor Magnolia Trust Company, lunch sponsor Pendleton Square, break sponsors FirstBank and Argent Trust, wifi sponsor ABA Retirement Funds, and exhibitors American Cancer Society, Case Auctions, Conservatorship Assocition of Tennessee, Cumberland Trust, Discovering Connections, Diversified Trust, Peachtree Planning, and Southeastern Trust. See pictures from the event.

Posted by: Azya Thornton on Mar 5, 2025

On March 18 at noon EDT, ABA Retirement will host a webinar for members on 401(k) fees. The session will cover types of fees, the impact of purchasing power, the relationship between services and fees and fiduciary obligations. It will also provide resources to help firms strengthen their fiduciary practices. For more information and to register, visit this link

Posted by: Julia Wilburn on Mar 4, 2025

The Tennessee Supreme Court on Monday reset execution dates for four men on death row after a five year pause in the procedure. The Tennessean reports that the court set the following dates: Oscar Franklin Smith, execution date May 22: Byron Lewis Black, execution date Aug. 5; Donald Ray Middlebrooks, execution date Sept. 24; and Harold Wayne Nichols, execution date Dec. 11. Gov. Bill Lee temporarily halted executions after a 2022 investigation found that the state had failed to follow the execution protocol it set in 2018. Gary Wayne Sutton, the fifth person who was scheduled to die before Lee's 2022 announcement, did not have his execution date set by the court. The state created new lethal injection protocol in December 2024 that would use a single drug, pentobarbital, replacing the three-drug cocktail previously used. In January, the U.S. Department of Justice rescinded its protocol that allowed single-drug lethal injections for federal executions.

Posted by: Julia Wilburn on Mar 4, 2025
News Type: Upcoming

The Belmont University College of Law Journal will host a Health Law Symposium on March 21 entitled "Healthcare in a Changing Landscape: Navigating the Ever-Evolving Health Law Climate" from 8:30 a.m. to 2:30 p.m. CDT. Keynote speakers include professors Scott Burris and Stacey Tovino, who will present on government responses to the opioid crisis and public and private insurers’ use of AI to deny claims. Nashville practitioner panels will discuss private equity in health care and the rise of arbitration in health care litigation. Direct questions to Executive Symposium Editor Maddie Sabourin.

Posted by: Julia Wilburn on Mar 4, 2025
News Type: Legal News

Butler Snow recently announced that its Nashville office has moved to new space at The Neuhoff Building, Ste. 1400, 1320 Adams St., Nashville, TN 37208. “Nashville has a thriving business community where we have been serving clients across various industries for years and with this move, we’re furthering our commitment to Nashville and our clients for years to come,” said Christopher R. Maddux, chair of Butler Snow. The firm announced in March of last year that it would be moving out of downtown, following several other firms making a similar exit.

Posted by: Julia Wilburn on Mar 4, 2025

The Tennessee Administrative Office of the Courts (AOC) appeared before the state Senate Judiciary Committee for its regular budget review. Director Michelle Long presented the AOC’s budget request, including funding for a new Office of Indigent Conflicts and Civil Counsel, which would assume responsibility for managing the state’s indigent representation system. At press time, the group was still answering lawmakers’ questions about the proposed plan. Watch for a full report from the committee proceeding in tomorrow’s issue of TBA Today. To learn more about the state’s current crisis in providing legal representation to indigent individuals, and how the AOC’s plan seeks to address the situation, review the TBA’s indigent representation primer posts and past coverage of the AOC’s plan.

Posted by: Julia Wilburn on Mar 4, 2025

Eight Tennessee attorneys were admitted to practice before the U.S. Supreme Court during the 39th annual TBA Academy on Tuesday. TBA President Ed Lanquist Jr. moved for admission of the members during a regular court session in Washington, D.C. The group heard oral arguments in a case brought by the government of Mexico against gun manufacturers Smith & Wesson and Colt accusing them of aiding illegal firearms trafficking to drug cartels and fueling gun violence in that country. Reuters has more on that case. Attorneys admitted before the high court were Nashville attorneys Mary Cheadle, Lauren Colaric, Chicoya Smith Gallman and Trevor Howell; Humboldt attorney Tim Fowler; Jacksboro attorney Leif Jeffers; Mt. Juliet attorney Angela Williams; and Johnson City attorney Deborah Yeomans-Barton. The visit to Washington, D.C., included a welcome reception, tour of the U.S. Capitol, the swearing in ceremony and a celebratory lunch. See photos from the event.

Posted by: Julia Wilburn on Mar 4, 2025
News Type: Legal News

Shelby County Chancellor Melanie Taylor Jefferson on Friday dismissed all but one claim — the question of who owns the land — in a lawsuit against the new Memphis Brooks Museum of Art. The museum was sued by Friends for Our Riverfront, alleging that the project violates an easement established in the early 19th century. A temporary restraining order to stop construction was issued in September 2023 with a $1 million bond. The group never posted the bond. Jefferson denied a temporary injunction against the museum in June 2024, citing the unpaid bond as the primary reason to allow construction to resume, the. Commercial Appeal reports.

Posted by: Julia Wilburn on Mar 4, 2025
News Type: Legal News

Vanderbilt University Law School has received a $6.8 million gift from the Anbridge Charitable Fund to endow the creation of The Gail Anderson Cañizares Innocence Clinic, which will support the exoneration of wrongfully convicted individuals in Tennessee while providing students with hands-on case experience. The clinic, which will function as a course available to 2L and 3L students, will launch in the 2026 spring semester, and will coordinate with the Tennessee Innocence Project to source cases. Read more in a press release from the law school.


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