TBA Law Blog


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Posted by: Stacey Shrader Joslin on Feb 16, 2022

A new legislative proposal from Tennessee state Sen. Frank Niceley, R-Strawberry Plains, would require candidates in primary races for congressional seats to meet residency and other requirements, Axios reports. The current text of the bill requires candidates to have voted in three state elections, but Niceley says he plans to change that to three years of residency. He says the bill is designed to "protect Tennessee from invasion." The proposal seems to be a direct response to the state’s redrawn 5th Congressional District, where a competitive Republican primary is developing. Two of the candidates, Morgan Ortagus and Robby Starbuck, are recent transplants to the state. Niceley says federal rules prevent the state from regulating the general election but that primaries can have stricter requirements. The bill is up for a vote today in a Senate committee.

Posted by: Stacey Shrader Joslin on Feb 16, 2022
News Type: Wellness Wednesday

In 52 Ways to Walk: The Surprising Science of Walking for Wellness and Joy, author Annabel Streets discusses the science behind, and the benefits of, one of the simplest forms of exercise. Among her suggestions for getting the most out of walking, Streets says to walk with a friend. Studies have shown that distances appear shorter and inclines less intimidating when walking with a buddy. She also suggests walking backwards! Research suggests that reverse stepping not only boosts memory, but can reduce aches and pains in the spine. On a cold day, Streets also says to “ditch the scarf.” According to the National Institutes of Health, exposing your collar bone to the cold activates fat-burning cells around the neck and shoulders. She also advocates ditching GPS in favor of your own route mapping. Experts believe that inability to read a map can increase dementia risk. However you walk, just get out there and go! (Adapted from the February 2022 issue of Spry Living)

Posted by: Stacey Shrader Joslin on Feb 16, 2022
News Type: TBA CLE

The TBA's General, Solo & Small Firm Section will host a one-hour ethics webcast, Forms, Gigs, Outsourcing - Things You Need to Know, on March 30 at 11 a.m. CST. Join attorneys Sean Martin with Martin Heller Potempa & Sheppard and Belmont University College of Law professor Tim Chinaris as they discuss ethical concerns to look out for in the post-COVID workflow landscape. During the pandemic, some lawyers turned to using form services or even outsourcing their work, particularly in areas where they had not previously practiced. Others engaged in gig work for multiple firms and employers at once. The pandemic highlighted the creativity of the marketplace for lawyers and legal services, but the pitfalls were not always obvious. Learn how to avoid such issues with this program.

Posted by: Kate Prince on Feb 15, 2022

A bill that seeks to eliminate ranked choice voting has passed the state House and Senate, the Daily Memphian reports. Also known as instant runoff voting, the method allows voters to choose candidates by order of preference. If no candidate gets a majority, the person with the fewest votes is eliminated. Those who ranked the losing contender first will have their second option counted. The bill’s co-sponsors, Sen. Brian Kelsey, R-Germantown, and Rep. Kevin Vaughan, R-Collierville, argue ranked choice is “confusing and complex” and ultimately leads to “lack of confidence in the vote totals.” The measure now awaits Gov. Bill Lee’s signature.

Posted by: Kate Prince on Feb 15, 2022
News Type: Legal News

Metro Nashville is near a settlement with former Nashville General Sessions Court probation director Robert Green, who was fired by Judge Lynda Jones in 2019, the Nashville Post reports. A lawsuit brought by Green in 2020 alleges Jones used news reports about his collaboration with federal immigration authorities as pretext to dismiss him. A Metro analysis found that Jones unilaterally decided to terminate Green without consulting the other judges after he returned from medical leave. Metro Council will consider approving the $25,000 settlement at its meeting tonight. 

Posted by: Kate Prince on Feb 15, 2022
News Type: Legal News, Your Career

Gov. Bill Lee’s office is now accepting applications to fill the vacancy on the Workers’ Compensation Appeals Board, created by the retirement of David F. Hensley. Applicants must have seven years’ experience in workers’ compensation matters and must be at least 30 years old. To be considered for the appointment, submit a resume and cover letter to Jonathan Skrmetti, Chief Counsel of the Governor, State Capitol, First Floor, 600 Dr. Martin Luther King Jr. Boulevard, Nashville 37243 or by email to Katelin.Brown@tn.gov by 3 p.m. CST on March 1.  

Posted by: Kate Prince on Feb 15, 2022
News Type: Election 2022

Rep. London Lamar, D-Memphis, on Friday pulled a nominating petition for Senate District 33, a seat previously held by Sen. Katrina Robinson, the Commercial Appeal reports. Robinson was expelled earlier this month following her conviction on two counts of wire fraud. Lamar, who also pulled papers to keep her current seat in House District 91, has until April 7 to decide which petition to file. "I have not made a decision but I am considering both of my options ... I am trying to make the best decision for me, my constituency and my family," Lamar told the Commercial Appeal Monday.

Posted by: Kate Prince on Feb 15, 2022

Court of Criminal Appeals Judges John Everett Williams, Tim Easter and Jill Ayers heard oral arguments for three cases inside Lipscomb University’s Collins Alumni Auditorium on Feb. 9 and fielded questions from students. The judges were asked a variety of questions, including what they look for in law clerks, how they prepare for oral arguments, advice for students interested in a legal career and how the judges put aside political opinions when judging cases. Ayers, who was appointed during the COVID-19 pandemic, noted that this was only her “third time to sit live” given that the court has been hearing arguments virtually during the pandemic. Read more from the Administrative Office of the Courts

Posted by: Kate Prince on Feb 15, 2022
News Type: Legal News

Knox County Law Director David Buuck yesterday told two county school board members that he will not hire private attorneys to fight a federal judge’s mask rule that was put in place last fall, the Knoxville News Sentinel reports. Board members Betsy Henderson and Kristi Kristy had written to Buuck last week, asking him to hire outside counsel to challenge the mandate. But, in his letter responding to their request, Buuck was direct in saying that he won't hire private attorneys to help the district lift a mask requirement in schools; that even if he did, it wouldn't be helpful; and that the two can't act on behalf of the board. Federal Judge Ronnie Greer last year ordered a mask mandate be put in place for Knox County schools while a lawsuit filed by families of students with disabilities against the governor and the Knox County Board of Education played out. In December, the school board’s request to pause the temporary mask requirement was denied by the U.S. Court of Appeals for the 6th Circuit.

Posted by: Kate Prince on Feb 15, 2022
News Type: Legal News

The Tennessee Bar Association has been honored with the Tennessee Society of Association Executives (TNSAE) Excellence Award in Continuing Education for the 2021 Scaling Small Program. Scaling Small Law, a comprehensive business education and development program, was chosen for the award based on its “incredible contributions to the association community across Tennessee,” according to TNSAE. The four-month program offers training in business planning, marketing, solo/small firm finance and budgeting, client service and experience, ethical considerations and outsourcing and leveraging technology. It is designed for entrepreneurial lawyers, solo practitioners or newly formed solo/small firms looking to strategically and sustainably scale and modernize their law practice.


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