TBA Law Blog


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Posted by: Kate Prince on Jun 21, 2022
News Type: Legal News

Ongoing problems at the Department of Children's Services (DCS) could lead to a class action lawsuit on behalf of children in the state’s foster care system, Nashville’s NewsChannel 5 reports. Nashville attorney David Raybin, who was involved with a similar lawsuit against DCS in 2000, said “very active discussions” about a class action are taking place "unless the state steps up.” Raybin says high turnover among case workers, high caseloads and not enough foster homes mirror the problems the department faced in 2000, which led to a court takeover of DCS. Court supervision of the department stopped in 2019, but Raybin says DCS has “just slipped right back into the old ways.” He is urging DCS and Gov. Bill Lee to make changes.

Posted by: Kate Prince on Jun 21, 2022
News Type: TBA Convention 2022

If you missed the final farewell of outgoing TBA President Sherie Edwards and remarks from newly sworn-in TBA President Tasha Blakney during last week’s convention, you may now watch those presentations and more on the TBA’s Facebook page. Watch Part One and Part Two of the Lawyers Luncheon to catch up on Blakney’s goals for the upcoming year and much more. The TBA Annual Convention concluded on Saturday with TBA Young Lawyers Division’s Diversity Leadership Institute programming and service project, YLD board and executive committee meetings and a TBA Board of Governors meeting.

Posted by: Kate Prince on Jun 21, 2022
News Type: Legal News

Memphis Area Legal Services has found new headquarters at One Memphis Place, the Memphis Business Journal reports. The building, which is located at 200 Jefferson Ave., sits the next block over from the Shelby County Courthouse. According to MALS CEO and general counsel Cindy Cole Ettingoff, the nonprofit has also gone from 14,000 square feet to a little more than 6,000 “because the pandemic taught us that people can work remotely." Ettingoff said the group is using the money saved from its reduced square footage to embrace the newest legal industry trends in storage, accessibility, and remote working. The savings will also go toward hiring, due to what Ettingoff says is a “great” demand for public defense services.

Posted by: Kate Prince on Jun 21, 2022
News Type: Legal News

New York-based law firm Wolf Haldenstein Adler Freeman & Herz has opened a Nashville office that will focus on copyright, royalty and other entertainment industry issues, the Nashville Post reports. Bobby Altchiler will lead the new Nashville office. He’ll be joined by attorney Megan Zarling. Wolf Haldenstein was founded in the 19th century and has additional offices in San Diego and Chicago.

Posted by: Kate Prince on Jun 21, 2022
News Type: Election 2022

Two referendums are set to appear on Aug. 4 ballots in East Ridge, allowing voters to have a say in matters relating to their city court’s system, the Chattanoogan reports. The first would allow the city manager to appoint the city court clerk instead of its current system of being elected. East Ridge City Court Clerk Patricia Cassidy says she went along with the referendum because the alternative would have been opening the position up to anyone in Hamilton County. The second measure would allow the city judge to live anywhere in Hamilton County, not just East Ridge. It also would allow a municipal judge for another city to also sit in East Ridge. Early voting will be from July 15-30 at the same locations as the May primary.

Posted by: Kate Prince on Jun 21, 2022
News Type: Legal News

Tennessee Supreme Court officials yesterday launched the Tennessee Justice Bus — a new project from the Access to Justice initiative that will serve as a mobile legal clinic for rural and underserved communities, WPLN reports. Davidson County General Sessions Judge Ana Escobar spoke at yesterday’s launch, saying that those who represent themselves in matters like child support or evictions need more help. “People should not have to go to their local McDonald’s to get a reliable connection to file their lawsuit,” she said. The bus will make its first stop in Rutherford County on June 29. The public can gain access to the Justice Bus by emailing justicebus@tnbus.gov or following the bus on Facebook or Twitter.

Posted by: Kate Prince on Jun 21, 2022

The Dickson County Commission last night voted to make attorney Brian Ragan the interim state representative for House District 69, the Tennessean reports. Ragan will temporarily replace former Republican Rep. Michael Curcio, who resigned from the House in May and recently joined lobbying firm Talbert Government Relations. Ragan is with the law firm Reynolds, Potter, Ragan & Vandivort and also serves as county attorney for Dickson County. He will serve as interim representative until the November election.

Posted by: Kate Prince on Jun 21, 2022
News Type: BPR Actions

Stanley Douglas Darnell was last week censured by the Board of Professional Responsibility of the Tennessee Supreme Court. Darnell failed to provide sufficient oversight of his legal assistant, who prepared a forged final decree and letter without Darnell’s knowledge. He also did not have protocols in place sufficient to reveal that the client’s divorce petition hadn’t been filed. Darnell also received a flat fee for the representation and failed to place the unearned funds in his trust account at the beginning of the representation. A public censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.

Posted by: Kate Prince on Jun 21, 2022
News Type: Legal News

Tennessee Secretary of State Tre Hargett was charged with driving under the influence on Friday as he was leaving the Bonnaroo Music and Arts Festival in Coffee County, the Tennessean reports. Hargett was booked into the Coffee County Jail shortly after 1 a.m. CDT on Saturday and released before 5:30 a.m. “Driving Under the Influence is a serious matter, and I regret the circumstances that led to my arrest,” Hargett said in a statement. “I respect law enforcement and will trust the legal process as we move forward.” According to the Tennessee Lookout, lawmakers will not seek Hargett's resignation following the arrest. 

Posted by: Kate Prince on Jun 21, 2022
News Type: BPR Actions

Philip Joseph Perez was yesterday permanently disbarred from the practice of law by the Tennessee Supreme Court. A Board of Professional Responsibility (BPR) hearing panel found that Perez received retainer fees but failed to provide services; failed to file complaints; misled clients to believe their complaints had been filed; failed to appear for scheduled hearings and motions; failed to return unearned retainer fees; and failed to notify clients of his suspension from the practice of law. In addition to disbarment, Perez must also pay $2,258.33 in costs incurred to the BPR.


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