TBA Law Blog


Posted by: Journal News on Jan 1, 2016

Journal Issue Date: Jan 2016

Journal Name: January 2016 - Vol. 52, No. 1

Shelby County Mental Health Court to Open in January

By Amelia Ferrell ...on Fri, 12/11/2015 - 11:50am

The Shelby County Mental Health Court, a voluntary program that will attempt to help nonviolent, mentally ill criminals get help instead of jail time, is set to open next month. WREG reports county departments and state agencies met Thursday to discuss plans for the court. "It'll allow us to divert people with mental illnesses from the prison environment, which is very costly," Shelby County Mayor Mark Luttrell said. Judge Gerald Skahan will preside over the court.

Supreme Court Amends the Code of Judicial Conduct

By Amelia Ferrell ...on Wed, 12/02/2015 - 3:21pm

Responding to suggestions from the TBA and a committee of judges, the Tennessee Supreme Court today amended the provisions of the Code of Judicial Conduct regarding judges and judicial candidates’ election campaign conduct. Among other changes, the rules now make it more clear that judges and judicial candidates are permitted to endorse other judges; explicitly allow judges to seek, accept or use endorsements from any person or organization; permit judges to speak on behalf of his or her candidacy through any medium, including but not limited to advertisements, websites, or other campaign literature; and, clarify the prohibition on judges simultaneously seeking judicial and non juridical office. The TBA made recommendations for four changes based upon the experience with the new rules during the 2014 election. As urged by the TBA, the Court did not change the standard for disqualification based on campaign contributions or support, and it turned back changes to the treatment of affiliation with organizations that practice invidious discrimination. Read the order here

Tips for Attorneys Using Blogs

By Amelia Ferrell ...on Fri, 12/11/2015 - 10:39am

The ABA offers attorneys advice in a podcast (with transcript) for using blogging to develop a practice area. Hillary Bricken, a Seattle lawyer and one of the authors of Canna Law Blog, said the blog on cannabis laws has come to generate about half of the regulated practice group’s clients. “…The blog has really helped get the message out there that we deal with sophisticated issues,” Bricken said.

New Tennessee Laws Set to Go Into Effect in 2016

By Brenda Gaddon Wed, 12/09/2015 - 4:34pm

On Jan. 1, 2016, a new batch of laws will take effect. Here is a list of all of the Public Chapters in Tennessee that take effect starting in the New Year.

https://www.tba.org/node/80078

ABA Accepting Committee Nominations

By Amelia Ferrell ...on Tue, 12/08/2015 - 4:12pm

The American Bar Association (ABA) is seeking nominations for its Standing and Special Committees, Commissions, Working Groups, Task Forces and other ABA entities for the 2016-2017 membership year. Recommendations can now be made online and must be received by Feb. 26.

View Photos from TBA Supreme Court Admission Ceremony

By Amelia Ferrell ...on Fri, 12/04/2015 - 4:58pm

Photos from the 32nd Annual TBA Academy and Admission Ceremony held this week Washington, D.C., are now available on the TBA website. Nine Tennessee attorneys were admitted to practice before the U.S. Supreme Court. You can view the list of attorneys here.

Attorneys Welcomed to Supreme Court During TBA Academy

By Allan Ramsaur on Fri, 12/04/2015 - 12:57pm

 

WASHINGTON, D.C., DECEMBER 2, 2015 — The Tennessee Bar Association this week hosted the 32nd Annual TBA Academy and Admission Ceremony in Washington, D.C. TBA President Bill Harbison led activities leading up to admission ceremonies before the court at a welcome reception and celebration dinner.

Nine Tennessee attorneys were admitted to practice before the court, including Rebecca Wells Demaree of Cornelius & Collins in Nashville; Calvin Craig Fitzhugh of Ripley; incoming TBA president Jason H. Long of Lowe, Yeager and Brown in Knoxville; Shane Kelvin McNeill of Tellus Law in Thompson’s Station; C. Creed McGinley of Savannah; Charles McIver Molder of Mounger and Molder in Columbia; J. Britt Phillips of Sutter O’Connell in Franklin; Steven Wilson of The Steve Wilson Firm in Memphis; and Rachel Lea Zamata of Nashville.

9 Sworn In at TBA Supreme Court Admission Ceremony

By Amelia Ferrell ...on Wed, 12/02/2015 - 4:23pm

Nine Tennessee attorneys were admitted to practice today before the U.S. Supreme Court at the 32nd Annual TBA Academy and Admission Ceremony in Washington, D.C. TBA President Bill Harbison led the activities leading up to admission of: Rebecca Wells Demaree of Cornelius & Collins in Nashville; Calvin Craig Fitzhugh of Ripley; incoming TBA president Jason H. Long of Lowe, Yeager and Brown in Knoxville; Shane Kelvin McNeill of Tellus Law in Thompson’s Station; C. Creed McGinley of Savannah; Charles McIver Molder of Mounger and Molder in Columbia; J. Britt Phillips of Sutter O’Connell in Franklin; Steven Wilson of The Steve Wilson Firm in Memphis; and Rachel Lea Zamata of Nashville.

Changes Coming to TBA.org Website

By Barry Kolar on Thu, 12/03/2015 - 11:48am

In the coming weeks, the TBA is making a number of updates to the TBA.org website to improve the way you find and use legal news, opinions and other information. As part of this, we are also making changes that will make data on the site more secure. This will mean that you may be required to log in to the website to access certain information. For example, beginning this week, you will need to log in to access the online version of TBA Today. If you have not previously logged in to the site, you can do so by going to the “Log In” or “My Account” links at the top right of TBA.org and request a new password.

New Nashville Federal Courthouse Likely to be Funded

By Amelia Ferrell ...on Thu, 12/03/2015 - 11:41am

Money for a new Nashville federal courthouse will likely be included in appropriation bills being negotiated now in Congress, The Tennessean reports. In order for the funding —  a $182 million project cost — to be included in the package, Congress must vote and pass the bundle ahead of next Friday’s deadline. President Obama will also have to sign it into law. “While we can’t be sure until next week, I am optimistic that the Senate and the House will agree to fully fund the Nashville federal courthouse," said U.S. Sen. Lamar Alexander, R-Tenn. The TBA’s support for the project dates to 2002 when members voted overwhelmingly to recommend that the courthouse be sited on a block bounded by 7th and 8th Avenues and Church and Commerce Streets in Nashville.

9th Annual Environmental Writing Competition Underway

By Jenny Jones on Wed, 12/02/2015 - 9:31am

The TBA Environmental Law Section has announced the ninth annual Jon E. Hastings Memorial Award writing competition for law students enrolled in a Tennessee law school in 2015 or 2016. The competition is held in memory of one of the section's most outstanding founding members and has a cash prize pool of $1,200. It is a juried competition for the best legal writing on a topic of Tennessee or federal environmental law. Entries are due April 1, 2016. Download the competition rules and announcement.

Bloomberg Write-On Competition Accepting Articles

By Amelia Ferrell ...on Mon, 11/23/2015 - 1:23pm

The 2016 Bloomberg Law Write-On Competition is open for submissions on topics impacting the legal landscape. Ten winners will have their articles published in a national Bloomberg BNA Law Report and receive $2,500. Submissions must be received by Feb. 17.

ABA Issues Ethics Opinion on Limited-Scope Legal Services

By Suzanne Robertson on Mon, 11/30/2015 - 1:49pm

The American Bar Association Standing Committee on Ethics and Professional Responsibility today issued ABA Formal Ethics Opinion 472, "Communication with Person Receiving Limited-Scope Legal Services." In this opinion the committee addresses the obligations of a lawyer under ABA Model Rule of Professional Conduct 4.2, "Communication with Person Represented by Counsel," commonly called the “no contact” rule, and ABA Model Rule 4.3, "Dealing with Unrepresented Person," when communicating with a person who is receiving or has received limited-scope representation under ABA Model Rule 1.2, "Scope of Representation and Allocation of Authority Between Client and Lawyer." The opinion also provides recommendations for lawyers providing limited-scope representation.

Business Court Shares Results at 6-Month Mark

By Amelia Ferrell ...on Tue, 11/24/2015 - 4:12pm

The Tennessee Supreme Court’s business litigation pilot project granted review to 28 cases in the program’s first six months. The business court, located in Davidson County, also achieved expedited results: six cases were resolved and the time to finalize them ranged from between 30 days to just 164 days. In Georgia, the average time of resolution is 608 days. “Although it’s still early in the process, these preliminary reports underscore that this specialized docket is meeting the litigation needs of the business and legal community and that our case management plan is working,” Chief Justice Sharon G. Lee said. "We appreciate Davidson County Chancery Court being willing to serve as the pilot for this innovation in our ongoing efforts to streamline the judiciary."

TBA Names 2016 Leadership Law Class

By Amelia Ferrell ...on Mon, 11/23/2015 - 3:46pm

The Tennessee Bar Association announces that 33 attorneys from eight Tennessee cities — Chattanooga, Cleveland, Gallatin, Jackson, Knoxville, Madisonville, Memphis and Nashville — have been selected for its 2016 Leadership Law (TBALL) program. Now in its 13th year, Leadership Law is designed to equip Tennessee lawyers with the vision, knowledge and skills necessary to serve as leaders in their profession and local communities. View the 2016 Leadership Law class.  https://www.tba.org/press-release/33-lawyers-named-to-2016-leadership-law-class

NEW STAFF

New YLD Staff Coordinator Named

By Stacey Shrader ...on Mon, 11/23/2015 - 4:01pm

Katharine Heriges has been named the new staff coordinator for the TBA YLD. She started on Nov. 16 and has been training with outgoing YLD Director Stacey Shrader Joslin, who is leaving the TBA at the end of the month. Shrader Joslin, who has worked with the YLD for the last 11 years, is relocating to Kentucky. Heriges comes to the TBA after two years of working on local political races. Prior to that, she worked as an English teacher abroad in Busan, South Korea. In addition to serving as coordinator for the YLD, she will also work with TBA’s Public Education Committee. She can be reached at (615) 383-7421 or kheriges@tnbar.org.

UT Law Announces LLM in Business Law

By Amelia Ferrell ...on Fri, 11/20/2015 - 10:54am

The University of Tennessee College of Law has launched its first advanced law degree, a master of laws (LLM) in U.S. business law. The program is designed to train lawyers to practice in the global marketplace. “We’re excited to welcome talented lawyers from around the world to UT Law, where they will gain new knowledge in the classroom and practical field experience outside the classroom,” said Melanie D. Wilson, dean of the law school. The college is accepting applications for the fall of 2016.