TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jul 13, 2022
News Type: Politics

Matt Wiltshire, a longtime Metro Nashville government official, made his campaign for mayor official this morning, the Nashville Post reports. Wiltshire had stepped down from his position as chief strategy officer at the Metropolitan Development and Housing Agency earlier this year to consider a run. Before joining the agency, he was director of the Mayor’s Office of Economic and Community Development under then-Mayors Karl Dean, Megan Barry and David Briley, and spent 15 years in investment banking. He joins Metro Council Member Freddie O’Connell in the race. Mayor John Cooper has not formally announced a reelection bid, and nonprofit executive Hal Cato says he could join the race later this summer.

Posted by: Stacey Shrader Joslin on Jul 13, 2022
News Type: Legal News

Davidson County Chancellor Patricia Head Moskal has denied a Memphis TV reporter access to the full Department of Children’s Services case file on a 14-year-old Bartlett boy, found dead from starvation in 2020, Tennessee Lookout reports. Moskal said WREG journalist Stacy Jacobson may not access the full and un-redacted files while a criminal case against the boy’s mother and six other adults is ongoing. Paul McAdoo, an attorney with the Reporters Committee for the Freedom of the Press and former chair of the TBA Communications Section, is representing Jacobson. He said no decisions have been made yet on next steps in the case.

Posted by: Stacey Shrader Joslin on Jul 13, 2022

State Democrats yesterday said they plan to pursue legislation to amend the near-total abortion ban that is expected to take effect in mid-August. Though they decried the full ban, they said they would take incremental steps to change to the law the Tennessean reports. Such changes could include allowing abortions in cases of rape or incest and for adolescent victims of sexual abuse, and removing criminal penalties for doctors who perform abortions. Tennessee currently enforces a 2020 bill that bans abortions after cardiac activity can be detected. The so-called “trigger law” provides a narrow carve-out for abortions performed to save the life of the mother or prevent the "serious risk of substantial and irreversible impairment of major bodily function." It does not protect doctors from arrest but allows doctors to affirmatively prove that the abortion was medically necessary.

Posted by: Stacey Shrader Joslin on Jul 13, 2022
News Type: Election 2022, Politics

The Tennessee Democratic Party held its final gubernatorial debate last night in Memphis, ABC 24 reports. The candidates — Dr. Carnita Atwater, a Memphis neighborhood leader, Nashville-area doctor Jason Martin and Memphis City Council member JB Smiley — spoke about their views on Medicaid expansion, whether to legalize recreational use of marijuana, and the best approach to economic development. They also touched on education funding priorities and how they would work with local district attorneys. Whoever wins the August primary will face Republican incumbent Gov. Bill Lee.

Posted by: Stacey Shrader Joslin on Jul 13, 2022
News Type: BPR Actions

The Tennessee Supreme Court today issued a public censure to Johnson County lawyer Harvey Randolph Fallin. The court reports that Fallin represented a man charged with first degree murder while also representing the man’s wife, who was charged with conspiracy to commit the same murder. Fallin did not have a written fee agreement with the clients, and did not discuss with them the potential conflict of interest in representing both of them. The court found there was a significant risk that Fallin’s representation of the wife would be materially limited by representation of the husband. In addition, Fallin asked his non-attorney daughter to act as the legal representative under a power of attorney for the two clients. In that capacity, the daughter made at least one payment to Fallin for legal expenses. At no time did Fallin discuss the arrangement with his daughter with his clients. The court found that these actions violated Rules of Professional Conduct 1.7(c)(2), 1.8(a) and 8.4(d).

Posted by: Kate Prince on Jul 13, 2022
News Type: Team TBA

Meet the new editor of the Tennessee Bar Journal, Julia Wilburn! Julia works with the Editorial Board to decide what will be published in each bimonthly issue, and with the publications coordinator on design and production. She is part of the communications team and she also helps edit section Connect e-newsletters and produce the TBA Today newsletter. Julia’s special talents include untangling any kind of knot and her most irrational fear is going to debtor’s prison for messing up her taxes, even though she hires an accountant and knows debtor’s prison isn’t a real thing!

The #TeamTBA series offers members a behind-the-scenes look at the inner workings of the TBA and how each staff members makes the association run. Check back every Wednesday for a new staff profile in TBA Today and on the TBA's Facebook, Twitter and Instagram accounts.

Posted by: Stacey Shrader Joslin on Jul 13, 2022
News Type: BPR Actions

Davidson County lawyer Stephanie Derrick Gray was reinstated to the practice of law today by the Tennessee Supreme Court. Gray had been placed on disability inactive status by the court in June 2014. She filed a petition for reinstatement on June 1. The Board of Professional Responsibility noted that it had no objection to the reinstatement.

Posted by: Stacey Shrader Joslin on Jul 13, 2022
News Type: BPR Actions

The Tennessee Supreme Court today issued a public censure to Rutherford County lawyer Jimmy Leo Richardson. The court reports that Richardson was hired to represent a client on a car accident matter. He sent a letter of representation to the insurance company and responded to a request for information from the company but thereafter took no action on the case. He failed to respond to four letters from the insurance company and multiple communications from his client. The court found that his actions violated Rules of Professional Conduct 1.16, 1.3 and 1.4.

Posted by: Stacey Shrader Joslin on Jul 13, 2022
News Type: BPR Actions

The Tennessee Supreme Court yesterday transferred the law licenses of three lawyers to disability inactive status. Davidson County lawyer Bert Livingston Denton, Blount County lawyer Jacob Edward Erwin and Gibson County lawyer Troy Daniel Garrison may not practice law while on inactive status. They may return to the practice of law after demonstrating to the court that their disability has been removed.

Posted by: Stacey Shrader Joslin on Jul 13, 2022
News Type: Wellness Wednesday

It's no secret that law school can be incredibly stressful. But even at a time when the legal profession seems to be more invested than ever in mental health and wellness, “character and fitness” questions on bar applications might be deterring some law students from seeking the help they need. Several in the legal industry are sounding the alarm that law students may be forgoing mental health treatment for fear of “failing” the character and fitness portion of their bar application, Law.com reports. The situation is causing some states to consider dropping the question about mental health status from applications. In Ohio, one law student is pushing for change, saying her peers are not seeking help because they think it will affect their ability to practice law after graduation.


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