TBA Law Blog


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Posted by: Stacey Shrader Joslin on May 17, 2022
News Type: Your Career

The Miles Mason Family Law Group is seeking an associate attorney to work in its Germantown office. Candidates should have at least one year of experience in family law, be detail-oriented, be able to work independently in a team environment, and maintain a positive attitude. To apply, email resume, salary history and salary requirements to Sharon Mason. A writing sample may also be included. Learn more about the position.

Posted by: Stacey Shrader Joslin on May 17, 2022
News Type: BPR Actions

Shelby County lawyer Brett B. Stein received a public censure from the Tennessee Supreme Court yesterday. The court found that Stein violated Rules of Professional Conduct 1.3, 1.4 and 5.1. Stein was hired to file a petition for habeas corpus relief in federal court in Mississippi — a court in which he was not admitted to practice. He also failed to adequately supervise a junior attorney’s preparation of the petition and an accompanying motion for pro hac vice admission. The motion for admission was denied for failure to comply with court requirements, but Stein did not inform the client of this development, which caused the client to suffer potential harm.

Posted by: Stacey Shrader Joslin on May 17, 2022
News Type: Passages

Funeral and visitation details were released today to celebrate the life of Memphis attorney John Ryder. Visitation will be held Sunday from 3-5 p.m. CDT at Canale Funeral Directors, 2700 Union Ave. Extended, Memphis 38112. The funeral will be held Monday at 1 p.m. at St. John's Episcopal Church, 3245 Central Ave., Memphis 38111. A reception will follow in the parish hall. Memorials may be sent to St. John's Episcopal Church, Opera Memphis or Wabash College, 301 W. Wabash Ave., Crawfordsville, IN 47933. Ryder died Sunday after a long battle with cancer. He was 72 years old.

Posted by: Julia Wilburn on May 17, 2022
News Type: Your Practice

Brian Faughnan, president of the Association of Professional Responsibility Lawyers (APRL), is featured on a new episode of Bob Ambrogi's podcast, LawNext to discuss why the APRL has "asked the American Bar Association to amend the model rules that govern law practice to allow lawyers admitted in any U.S. jurisdiction to practice law and provide legal advice to clients anywhere in the country." APRL says the current rule is "anachronistic" and "concluded that the change is critical to a '21st Century' approach to the practice of law.'" Listen to the episode here, or wherever you get your podcasts. Faughnan is a shareholder in the Memphis office of Lewis Thomason, where his practice includes representing lawyers and law firms in disciplinary matters. He recently posted the 500th post on his blog Faughnan on Ethics.

Posted by: Stacey Shrader Joslin on May 17, 2022

Former Tennessee Supreme Court Justice Cornelia A. Clark received the Nashville Bar Foundation’s David Rutherford Award posthumously at the foundation’s Annual Fellows Dinner last month. The award is given to a fellow who exemplifies the memory and ideas of Rutherford, including professionalism, charitable contributions in the legal field and in the community as a whole, and the spirit of collegiality among the bench and bar. Justice Sharon G. Lee accepted the award on Clark’s behalf, the Administrative Office of the Courts reports. In her remarks, Lee recognized Clark’s devotion to her faith, her family, her community and the rule of law. Clark died Sept. 24, 2021, following a short battle with cancer. She was 71 years old.

Posted by: Stacey Shrader Joslin on May 17, 2022

Tennessee Supreme Court Justice Jeff Bivins recently gave the keynote address at the 16th Judicial District Recovery Court graduation at the Rutherford County Judicial Center. More than 125 people were present for the ceremony where Bivins applauded the seven graduates and the program’s staff saying, “Programs like this one reunite families and restore lives.” The program, administered by Judge Jimmy Turner, is a court-monitored intensive outpatient program for individuals with severe addictions to controlled substances. Turner said that participants “start in very dire circumstances, including homelessness, unemployment and a complete lack of family support” but completely change their lives with the help of the court. Read the full release from the court and see pictures from the event.

Posted by: Stacey Shrader Joslin on May 17, 2022
News Type: Legal News

The third installment of the American Bar Association’s Model Diversity Survey is out and shows that large law firms hired more Hispanic, Black and Asian associates leading up to the pandemic, but continued to struggle with moving diverse lawyers into partnerships. Michelle Behnke, chair of the ABA Commission on Racial and Ethnic Diversity in the Profession told Law.com: “I wasn’t terribly surprised to not see a lot of movement in the equity partnership space for diverse partners. That is not new. It is one of the things we are putting more of an emphasis on.” The survey also showed that attrition rates in 2019 were higher for women (16%) than men (11%). “This is a cause of concern for us,” Behnke said. “If we were already seeing more pronounced attrition among women, it will be hard to look at what we end up seeing as a result of the pandemic.”

Posted by: Stacey Shrader Joslin on May 17, 2022
News Type: U.S. Supreme Court

The U.S. Supreme Court yesterday limited the ability of federal courts to review certain factual findings in immigration proceedings that determine whether noncitizens will be deported or allowed to remain in the country. The majority opinion, written by Justice Amy Coney Barrett, states that federal law prevents review of factual findings that are connected to the executive branch’s judgments about granting discretionary immigration relief. “Federal courts have a very limited role to play in this process,” Barrett wrote. “With an exception for legal and constitutional questions, Congress has barred judicial review of the Attorney General’s decisions denying discretionary relief from removal.” Justice Neil Gorsuch joined with the court’s three more liberal justices in dissent. Read more in SCOTUSBlog.

Posted by: Stacey Shrader Joslin on May 17, 2022
News Type: Legal News

A suit brought by the Tennessee attorney general accuses grocery chain Food City of padding its profits through the sale of “massive quantities” of opioids with prescriptions written by high-volume providers and pill mills. The state also argues that the company offered discounts to opiate addicts, traded prescriptions for cash, ignored drug deals and drug-related crimes in its parking lots, and filled prescriptions from other countries and states. Food City is pushing back on its degree of liability, offering a list of citizens, companies, state and federal regulators and leaders it says are equally guilty in fueling the opioid epidemic. The grocery store is claiming comparative fault, arguing in a new motion that even if it intentionally sought to profiteer from opioids, there were many responsible for the creation of the epidemic. According to Tennessee Lookout, the lawsuit is the fourth in a chain of legal actions filed by Attorney General Herbert Slatery III against drug makers, distributors, prescribers and dispensers.

Posted by: Stacey Shrader Joslin on May 17, 2022

The Tennessee Registry of Election Finance is looking into a complaint that state Rep. Paul Sherrell, R-Sparta, wrote checks from his campaign account to local fire halls and asked for cash back, potentially pocketing it while campaigning this year. Tennessee Lookout reports that the complaint was filed by Dale Walker, a Sparta resident and director of the Tennessee Pastors Network. Walker says he learned of the situation from Cassville Volunteer Fire Chief Teddy Stockton. Sherrell has denied doing anything wrong, saying that that the cash received from the checks was “not retained for personal use” but was “used to pay for breakfast/meals at campaign events.” The registry was meeting today to discuss the issue.


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