TBA Law Blog


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Posted by: Stacey Shrader Joslin on May 9, 2022
News Type: Passages, Upcoming

In recognition of the judicial service of recently departed judges, the U.S. District Court for the Middle District of Tennessee is planning a memorial service on June 17 at 2 p.m. in the Rotunda of the Fred D. Thompson U.S. Courthouse and Federal Building. Members of the bar and public are invited to join the court to honor the contribution and legacy of district judges Thomas A. Wiseman Jr., John T. Nixon, Thomas A. Higgins and Todd J. Campbell, and Sixth Circuit Court Judge Gilbert S. Merritt Jr. and Magistrate Judge Kent Sandidge. A reception will follow with the opportunity to tour the new courthouse.

Posted by: Stacey Shrader Joslin on May 9, 2022
News Type: Legal News

The American Bar Association is once again considering dropping its requirement that law schools use a “valid and reliable test” in admissions decisions, Reuters reports. It previously considered the idea in 2018 but the proposal was pulled moments before a vote by the House of Delegates. Supporters of the testing requirement argue that eliminating it would disadvantage weaker students who would spend considerable time and money but then likely not succeed in the first year. Opponents argue that the cost of standardized tests and uneven access to preparation programs can create disparities across racial groups. The ABA’s Council of the Section of Legal Education and Admissions to the Bar is slated to consider the proposal when it meets May 20. Any changes approved by the council would also need to be approved by the ABA House of Delegates.

Posted by: Stacey Shrader Joslin on May 9, 2022
News Type: Legal News

A number of Tennessee law schools brought home honors in various competitions this spring. Two Belmont College of Law moot court teams competed in the ABA Appellate Advocacy Competition. One team was named regional finalist while the other took the regional championship. Duncan School of Law students also participated in the ABA competition with wins for the third oral advocacy round and the school’s first individual advocacy award. One team also advanced to the semifinals, missing the finals by one ballot. University of Tennessee College of Law students won for the best draft agreement at the Jaffe Transactional Law Invitational hosted by Wayne State University Law School. And Vanderbilt Law School students won the Bass Berry & Sims Moot Court Competition with one student receiving the Best Oralist Award and two others receiving the Best Brief Award.

Posted by: Stacey Shrader Joslin on May 9, 2022

Gov. Bill Lee has signed off on legislation banning transgender athletes from participating in female college sports, Action 5 News reports. The bill will go into effect July 1. The collegiate ban comes after a separate bill banned transgender athletes from competing on middle and high school sports teams. According to the Human Rights Campaign, Tennessee is one of eight states that have passed anti-transgender sports bills.

Posted by: Barry Kolar on May 9, 2022
News Type: Legal News

The Tennessee Bar Association is launching a survey of Tennessee lawyers this week and both TBA members and nonmember lawyers are encouraged to participate. The survey focuses on the impact COVID-19 has had on the working habits of Tennessee lawyers, the state of work/life balance in the Tennessee legal community, and current practices related to hiring, developing, promoting and compensating attorneys. The TBA’s Women in the Profession Committee worked with Yacoubian Research to develop the survey, which should take about 10 minutes to complete. While each attorney will receive a unique link to the survey by email, all results will be presented in the aggregate so individual responses will remain anonymous and confidential.

Posted by: Stacey Shrader Joslin on May 9, 2022

The next Veterans’ Legal Advice Clinic — a joint project of Knoxville area legal organizations — will take place Wednesday from noon to 2 p.m. EDT at the Knoxville Community Law Office, 1101 Liberty St. This general advice and referral clinic is supported by the Knoxville Bar Association Barristers and Young Lawyers Division, Legal Aid of East Tennessee, Knox County Public Defender’s Community Law Office, University of Tennessee  College of Law, Lincoln Memorial University-Duncan School of Law, and the local Veterans Affairs office. Sign up here to volunteer.

Posted by: Stacey Shrader Joslin on May 9, 2022

Gov. Bill Lee last week signed legislation increasing criminal penalties for anyone distributing abortion medication through telehealth or mail, the Tennessean reports. The bill prohibits any distribution of abortion medication except when prescribing is done in person by a physician. The physician is not required to monitor a patient during or after taking the medication, except for a required follow-up appointment within two weeks. The bill also makes it a Class E felony punishable by a fine of up to $50,000 if the new procedure is not followed.

Posted by: Stacey Shrader Joslin on May 9, 2022
News Type: TBA CLE

The TBA Adoption Law Forum will take place in person next Monday at the Nashville Public Library. The program will run from 11 a.m. to 4 p.m. CDT and offer one dual and three general CLE credits. Topics will include updates on adoption assistance, civil and juvenile court rules, appellate updates and bonding and trauma. Lunch will be provided. Produced by Jennifer Williams, speakers include Meredith Brasfield, Douglas Dimond, Susan Kovac and Kevin Weaver. Register here.

Posted by: Stacey Shrader Joslin on May 6, 2022

Gov. Bill Lee has declined to sign a “truth in sentencing” bill championed by legislative Republicans, The Tennessee Journal reports. Under the final version of the bill, those convicted of nine categories of crimes, including murder, vehicular homicide and carjacking, would be required to serve 100% of their sentences. Those convicted of 17 other violent offenses — such as aggravated assault, reckless homicide or possession of a firearm during the commission of a felony — would be required to serve 85% of their sentences. In declining to sign the bill, Lee said, “Data does not support the basic premise of the legislation ... Similar legislation has been enacted before and resulted in significant operational and financial strain, with no reduction in crime. Widespread evidence suggests that this policy will result in more victims, higher recidivism, increased crime, and prison overcrowding, all with an increased cost to taxpayers.” The bill passed the House on a vote of 86-9 and 20-7 in the Senate. It will become law without Lee’s signature.

Posted by: Stacey Shrader Joslin on May 6, 2022
News Type: Your Career

The Johnson City law firm of Brett Cole Law PLLC is seeking an associate to join the small firm that focuses on estate planning and estate administration practice areas. The firm also performs some business transactions. Two or more years of experience is preferred but not required. Applicants also should have experience in estate planning, familiarity with legal documents, the ability to build rapport with clients and multi-task, and strong analytical and problem solving skills. To apply send a resume to brett@brettcolelaw.com. See the full job listing on the TBA’s JobLink site.


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