The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility released a formal opinion yesterday that provides guidance for when a lawyer can seek advice on a listserv. Formal Opinion 511 relies on Rule 1.6 of the ABA Model Rules of Professional Conduct to conclude that seeking advice on a listserv is unethical “if there is a reasonable likelihood that the lawyer’s questions or comments will disclose information relating to the representation that would allow a reader then or later to infer the identity of the lawyer’s client or the situation involved.” In a press release issued with the rule, the ABA says that in most cases, the model rules forbid posting questions or comments relating to a representation unless the lawyer has secured the client’s informed consent. Memphis attorney Brian Faughnan is one of 10 members of the committee that issued the opinion. The TBA is studying this new opinion and will be providing additional information for members.

The petitioner, Ryan Michael Ramey, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

A woman fell in a Gallatin, Tennessee grocery store and suffered a labral hip tear. She and her husband filed suit against the grocery store, alleging claims for premises liability and loss of consortium. The case proceeded to a jury trial. After the close of the plaintiffs’ proof, the store moved for a directed verdict. The trial court granted the defendant’s motion, concluding that the plaintiffs put forth no proof of constructive notice. The plaintiffs appeal; discerning no error, we affirm.

This is an appeal from an order denying a nursing home’s motion to compel arbitration and stay proceedings in a wrongful death action commenced by a former resident’s wife. The nursing home argued that the wife was bound by an optional arbitration agreement that she signed during her husband’s admission to the facility. However, the trial court held that the wife was not bound by the arbitration agreement because she signed it in a representative capacity and was not a party to the agreement. This appeal followed. Following the recent Tennessee Supreme Court decision in Williams v. Smyrna Residential, LLC, 685 S.W.3d 718 (Tenn. 2024), we hold that the wife lacked the legal authority to bind her husband to the optional arbitration agreement because she had the powers of only a healthcare agent, and entering into the optional arbitration agreement was not a healthcare decision. Thus, neither the wife nor any of the resident’s heirs are precluded from bringing and maintaining a wrongful death action on the resident’s behalf. For the reasons explained below, we affirm the judgment of the trial court, albeit on different grounds, and remand for further proceedings consistent with this opinion.

The Memphis Bar Foundation recently named its 2024 fellows and held its annual Fellows Reception at The University Club of Memphis. The foundation annually nominates attorneys and judges to become fellows based on distinguished service to the legal profession and the administration of justice and adherence to the highest standards of professional ethics and personal conduct. The foundation also awards grants to non-profit organizations to support law-related projects. See the list of 2024 inductees.

A political action committee’s barrage of text message attacks on incumbent state Sen. Jon Lundberg, R-Bristol, has spurred a formal complaint by Senate Republican Caucus Chair Ken Yager of Kingston, the Tennessee Journal reports. The messages aren’t just “dirty” politics, Yager argues, but possible “collusion” that runs afoul of Tennessee campaign finance restrictions. Lundberg’s opponent in the Republican primary for Senate District 4 is pharmacist Bobby Harshbarger, son of Republican U.S. Rep. Diana Harshbarger of Kingsport.

A new rule from the U.S. Department of Labor will make millions of Americans eligible for overtime if it survives expected court challenges, the Business Journal reports. The new rule increases the overtime threshold for non-exempt workers to $43,888 from $35,568 on July 1. That would increase again to $58,656, on Jan. 1, 2025. After that, the threshold will update once every three years. Like other recent federal employment rule changes, the overtime pay rule is likely to face court challenges. It is similar to a 2016 rule that was overturned by a federal judge. In that case, the judge ruled the increase invalidated Congress' intent that specific duties, not salary, make people ineligible for overtime.

Registration is now open through May 13 for the next free advice clinic for Black-owned small businesses and nonprofits. The clinic, sponsored by the Nashville Arts & Business Council's Volunteer Lawyers & Professionals for the Arts and Bradley, provides assistance with business formation and corporate governance, review of contracts and guidance in navigating local ordinances and state regulations. The clinic will take place on May 16. Attorneys should email vlpa@abcnashville.org to volunteer.

The U.S. Supreme Court kicked off its “opinion season” today, Reuters reports. Among the cases decided, the court ruled in favor of a music producer in a legal fight with Warner Music, finding there is no time limit for recovering monetary damages in copyright cases that have been filed before the expiration of a statue of limitations. In another case, the court reinforced the power of law enforcement authorities to retain seized property belonging to people not charged with a crime. According to the courts calendar, the next opinion day is set for May 16. Reuters looks at the major cases argued this term.