KETHLEDGE, Circuit Judge. In putative class actions, a class comes into existence only when the court actually certifies one in an order entered under Civil Rule 23(c). Before then, the potential members of the putative class are merely that—and lawyers other than putative class counsel are generally free to communicate truthful, non-misleading information to those potential class members. But a lawyer may lose that freedom if, in making those communications, the lawyer violates ethical rules.

At issue here is a protective order in which the district court barred Visser and Associates, PLLC (“Visser”), from communicating with potential class members in a putative class action that is now pending before the court. Visser’s communications with members of the potential class were not misleading. But Visser solicited named plaintiffs, in violation of an ethical rule, and later misled the court itself. For those reasons, we affirm the district court’s order

The Defendant, Jonathan E. Woodruff, pled guilty to the offense of tampering with evidence. The trial court imposed a five-year sentence to be served in a community corrections program and later on probation. Thereafter, the Defendant was alleged to have engaged in new criminal conduct by possessing fentanyl, and following a hearing, the trial court fully revoked the Defendant’s suspended sentence. In this appeal, the Defendant argues that a violation was not established by a preponderance of the evidence and that he was denied the opportunity to review a video of the alleged misconduct. Upon our review, we respectfully disagree and affirm the judgment of the trial court.

The autopsy report on Courtney Wilson, a 19-year-old Memphis man who died while in police custody last year, shows his death was caused by complications of cocaine, methamphetamines and alcohol mixed with heat exhaustion and the contribution of sickle cell trait. The Daily Memphian reports that Ross ran from police officers before he was apprehended and placed in the back of a squad car. Officers noticed he was “out of breath and exhausted from running,” so they called for an ambulance to transport him to the hospital, where he died. District Attorney Steve Mulroy has said his office will not pursue charges against the officers.

The Shelby County District Attorney’s Office is implementing a diversion program for felons charged with unlawful possession of a firearm. District Attorney General Steve Mulroy on Monday told the Daily Memphian that the program will apply to defendants who do not have violent criminal histories and whose gun-related charges are non-violent. The program is part of an effort to address racial disparities in the local criminal justice system. Between 2017 and 2023, Black Memphians were 11.6 times more likely than white citizens to be charged with unlawfully carrying or possessing a weapon, according to data from the Vera Institute of Justice. Mulroy said Monday that although no system will ever be perfect, the goal is to get prosecution numbers closer to Memphis’ racial make-up. The city is 64.4% Black and 26.5% white, according to 2023 Census data.

Take all of your CLE online through the TBA's 1-Click program with a 15 Hour Package curated for general, solo and small firm attorneys. This package offers a mix of our popular ethics updates, law practice management programs and selection of hot topics, all offered on demand. And don't forget, all of your CLE can be taken through approved distance learning (online) courses. All TBA CLE courses are approved by the Tennessee Commission on CLE.

Sixteen sponsors have signed up to help underwrite the costs of this year's TBA Annual Convention. Thank you to diamond presenting sponsor Fastcase, platinum sponsor TriStar Court Reporting, gold sponsor LexisNexis, silver sponsors TBA Member Insurance Solutions and Blue Cross Blue Shield of Tennessee, bronze sponsor SoFi, and YLD sponsor National Bar Association Ben F. Jones Chapter. Exhibitors include Conservatorship Association of Tennessee, JAMS, Mutual of America, The Bar Plan, Tennessee Lawyers Assistance Program (TLAP) and Tradeline LLC. Non-exhibiting sponsors include Clio and Time Miner. The YLD's CLE is being presented by ALSAC/St. Jude Children’s Research Hospital. Check out our sponsor page for more information. If you are coming to Memphis, please visit all exhibitors and enter our Exhibitor Passport drawing for great prizes!

Kentucky lawyer Katherine Anne Shepherd has been reinstated to the practice of law in Tennessee after being on inactive status for more than five years. Shepherd was placed on inactive status on April 11, 2012. Her reinstatement was made effective as of June 4.

The five city charter amendments that were supposed to be on Memphis voters' Aug. 1 ballot are being moved to November, the Daily Memphian reports. Shelby County Elections Coordinator Linda Phillips said she did not receive the text of the ballot questions — including a multi-part question on gun control and one that would mandate a mayoral candidate live in the city for two years — by the deadline for them to be included on the August ballot. City Council Chief Administrative Officer Brooke Hyman told the paper that the referendums have been moved to November to give the public more time to learn about the proposals.

The Tennessee Supreme Court has given Mississippi lawyer Andrew Jackson Clark until July 25 to complete outstanding obligations with the Tennessee Commission on Continuing Legal Education. If the obligations are not satisfied by then, the court says it will dismiss the petition. Clark filed the petition on June 3.

Harold Collins, chief administrative officer for Shelby County Government, has announced that he plans to run for Shelby County mayor in 2026. The Memphis Commercial Appeal reports that Collins was celebrating his recent graduation from Jackson State University with a master's degree in public policy “when he made the surprise announcement before supporters, family and friends.” Collins previously served as a Memphis city council member, deputy director of the Shelby County Division of Corrections and head of the Shelby County Office of Reentry. He ran unsuccessfully for Memphis mayor in 2015. Current Shelby County Mayor Lee Harris is ineligible for reelection.