TBA Law Blog


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Posted by: Stacey Shrader Joslin on Feb 18, 2026

As part of its ongoing effort to gather feedback from Tennessee attorneys on the Tennessee Supreme Court’s Sept. 16 order seeking public comment on seven areas of potential regulatory changes to the legal profession, the TBA’s Legal Access and Regulatory Reform Task Force is hosting a series of virtual town halls. Thursday's event will start at noon CDT and focus on the role of paraprofessionals. There is no cost to attend but registration is required to receive the meeting link. Attorneys also are encouraged to review the TBA’s Legal Access & Regulatory Reform resource page before attending.

Posted by: Stacey Shrader Joslin on Feb 18, 2026
News Type: BPR Actions

The Tennessee Supreme Court on Feb. 17 referred the case of Knox County lawyer Dianne Elizabeth Lashmit to the Board of Professional Responsibility for it to “evaluate the facts and circumstances” of the case and proceed “as appropriate.” From September 2013 to January 2024, Lashmit was employed as a Blount County Juvenile Court magistrate. Last fall she pleaded guilty to failure to report child abuse in violation of Tenn. Code Ann. § 37-1-412. She eventually disclosed the information to police. As part of her plea, she received a one-year suspended sentence and judicial diversion.

Posted by: Azya Thornton on Feb 18, 2026
News Type: Legal News

U.S. District Judge William L. Campbell decided not to grant a preliminary injunction to a lawsuit challenging a Tennessee law that allows police to arrest people who approach within 25 feet after a direct order to stop. According to the Nashville Banner newsletter, Campbell ruled that the plaintiffs — a coalition of media organizations that includes the Banner — did not demonstrate immediate and irreparable harm. Campbell said the plaintiffs could not point to a specific case of the law hindering Tennessee media in covering the news since it went into effect in July 2025. The state said the law applies in three scenarios: a traffic stop, an active investigation and an “ongoing and immediate” public safety concern. The plaintiffs have expressed concern about the “unbridled discretion” the statute could offer police. Metro Nashville Police Department (MNPD) has instructed officers not to enforce the law while the litigation is pending. The lawsuit will continue, and Campbell said he would welcome a further motion or conversations between the parties if MNPD’s policy changes.

Posted by: Azya Thornton on Feb 18, 2026
News Type: Black History Month

Knoxville is highlighting Black history attractions and exhibits across the city in recognition of Black History Month. Featured sites include the Beck Cultural Exchange Center in East Knoxville, the Alex Haley Heritage Square at Morningside Park, the Cal Johnson Mural, and downtown institutions such as the Women’s Basketball Hall of Fame and the East Tennessee History Center. The guide also spotlights the Knoxville Museum of Art, home to the world’s largest public collection of works by Knoxville-born artist Beauford Delaney, as well as the McClung Museum of Natural History and Culture on the University of Tennessee campus. Outdoor and historic destinations include Carl Cowan Park, the William Hastie Natural Area and statues honoring Negro Southern League players at Covenant Health Park. The self-guided Knoxville African American Heritage Guide and related tours offer additional context on the city’s Black leaders, artists, athletes and civil rights history. Visit Knoxville has more details on these sites.

Posted by: Azya Thornton on Feb 18, 2026
News Type: TBA CLE

This week, the TBA will offer two webcast replays from last year's “Raising the Bar” program. On Feb. 19, from noon to 1 p.m. CST, “Using Your Legal Skills to Do Good in the Community (And for Yourself)” will explore how attorneys can apply their legal skills through community service and board involvement while also strengthening their professional networks and careers. Then on Feb. 20, from noon to 1 p.m. CST, “Expanding Your Practice or Portfolio” will feature Brentwood lawyer Rebecca Blair discussing the process of becoming a Rule 31–listed mediator and building a mediation practice. Memphis lawyer Psonya Hackett also will outline the pathway to becoming a certified divorce coach as well as strategies for developing a sustainable coaching business.

Posted by: Stacey Shrader Joslin on Feb 17, 2026
News Type: BPR Actions

On Feb. 17, the Tennessee Supreme Court suspended Loudon County attorney William Anthony Paxton from the practice of law for one year, with the entire suspension stayed if Paxton refrains from further misconduct and complies with a Nov. 25, 2025, order from the Supreme Court of Ohio. On Jan. 7, the Tennessee Supreme Court entered a notice of reciprocal discipline directing Paxton to demonstrate why it should not impose the same discipline imposed by the state of Ohio. The court notes that Paxton did not respond to its order. He also must comply with requirements regarding the obligations and responsibilities of suspended attorneys and the procedure for reinstatement.

Posted by: Stacey Shrader Joslin on Feb 17, 2026
News Type: BPR Actions

The Tennessee Supreme Court permanently disbarred Knox County attorney Darren Vincent Berg from the practice of law on Feb. 17. The court also ordered Berg to pay restitution of $65,000 to two former clients. The court determined that in 11 separate matters, Berg engaged in ethical misconduct that involved failure to provide competent representation, act within the scope and authority communicated by clients, act with reasonable diligence, communicate with clients, properly terminate representation, expedite litigation, and provide legal services after accepting substantial fees. The court also found that he charged unreasonable fees, engaged in conflicts of interest, knowingly relied on non-meritorious claims, made false statements to courts and parties, engaged in improper communication with represented parties, engaged in the unauthorized practice of law after suspension of his license, repeatedly abandoned clients and their cases, and engaged in conduct involving deceit or dishonesty and prejudice to the administration of justice. These actions violated Rules of Professional Conduct 1.1, 1.2, 1.3, 1.4, 1.5, 1.7, 1.16, 3.1-3.5, 4.2, 4.4, 5.5, 8.1 and 8.4(b) – (d).

Posted by: Julia Wilburn on Feb 17, 2026
News Type: Legal News

The Shelby County District Attorney's (DA) Office reported quicker case resolutions and a 16% countywide crime reduction in its 2025 annual report. The Commercial Appeal reports that DA Steve Mulroy highlighted that general sessions court cases concluded in an average of 92 days, while felony cases required much longer at roughly 704 days. The office handled more than 123,000 cases in 2025, most of them misdemeanors, with 67% ending in convictions or guilty pleas and 7% in diversion. Mulroy credited the improvements to prioritizing violent crime, expediting case processing and reducing repeat offenses.

Posted by: Julia Wilburn on Feb 17, 2026

The Tennessee General Assembly has passed SB0016/HB0025, allowing middle and high school athletes a one-time school transfer without losing athletic eligibility, as long as the move occurs before the school year begins. The bill, sponsored by Sen. Adam Lowe, R-Calhoun, and Rep. Scott Cepicky, R-Culleoka, now heads to Gov. Bill Lee for approval. If signed, it would take effect July 1. According to the Daily Memphian, the bill seeks to respond to concerns about fairness in transfer rules and limit the ability of the Tennessee Secondary School Athletic Association (TSSAA) to restrict athletes solely for transferring once, while maintaining rules for subsequent moves. In anticipation of the bill passing, TSSAA already has adopted related rule changes, including conditional eligibility timelines and immediate eligibility for students whose schools close. In other education-related news, the state House has approved HB0047/SB0303 allowing, though not requiring, public schools to display the Ten Commandments, along with the Declaration of Independence, the U.S. Constitution, the Constitution of Tennessee and the Bill of Rights. Chalkbeat reports that supporters of the bill argue the Ten Commandments are a foundational historical document relevant to K-12 education across the state. Critics say the measure raises constitutional concerns and infringes on the rights of students who do not practice Christianity.

Posted by: Julia Wilburn on Feb 17, 2026
News Type: Legal News

A new audit by the Tennessee Department of Commerce and Insurance found that Caremark, a pharmacy benefits manager (PBM) and subsidiary of national drug store operator CVS Health, committed multiple violations, including preferential reimbursement to its own pharmacies, spread pricing, improper dispensing-fee payments, and failures in required appeals procedures. The report echoes concerns raised by the Tennessee Pharmacists Association in a statement saying the findings highlight discriminatory actions that hurt independent pharmacies. CVS told the Nashville Post that the company is working with regulators while opposing the newly proposed FAIR Rx Act (SB2040/HB1959), filed by Sen. Bobby Harshbarger, R-Kingsport, which seeks to eliminate PBM conflicts of interest. Bill supporters argue the audit proves the need for greater transparency, while PBM trade group Pharmaceutical Care Management Association disputes the findings.


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