TBA Law Blog


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Posted by: Azya Thornton on Aug 21, 2024
News Type: Legal News

The dismissed ouster case against former Shelby County Clerk Wanda Halbert returned to court last week to determine attorney's fees. Both Halbert's attorney, Darrell O'Neal, and Hamilton County District Attorney Coty Wamp argued for their respective positions regarding who should pay fees in the case. O'Neal argued that Halbert should be awarded fees because the case was dismissed due to Wamp's lack of standing, while Wamp maintained that the case was not without merit and fees should not be awarded. Shelby County, which was involved in the case, also could be liable for fees but was not represented at the hearing. Judge Felicia Corbin-Johnson agreed that the county should be present to argue its case and scheduled a hearing for September to address the matter, the Commercial Appeal reports. Meanwhile, a new ouster petition has been filed against Halbert.

Posted by: Julia Wilburn on Aug 21, 2024

Belmont Law is looking for volunteers for a Power of Attorney (POA) Clinic at Casa Azafran on Sept. 7 from 10 a.m.-3 p.m. CDT. Morning and afternoon shifts are available if volunteers are not able to commit to the full day. At this clinic, attorneys, with the assistance of law students, will help clients fill out POA for Care of a Minor Child forms. Volunteers also will be paired with a translator. Lunch will be provided. Email Ginny.Blake@belmont.edu to volunteer. At least five volunteers are needed for both the morning and afternoon shifts.

Posted by: Azya Thornton on Aug 21, 2024
News Type: Legal News

The American Bar Association (ABA) is moving forward with new rules to standardize law school curricula and eliminate references to race and ethnicity in diversity and inclusion standards, Reuters reports. The ABA's Council of the Section of Legal Education and Admissions to the Bar recently adopted changes to student learning outcomes, requiring schools to set minimum learning outcomes for all courses. Additionally, the council voted to gather public comments on a revised rule that would require schools to provide access to “all persons including those with identities that historically have been disadvantaged or excluded from the legal profession.” That would replace the current rule that schools provide “full opportunities” for “racial and ethnic minorities” and have a diverse student body “with respect to gender, race, and ethnicity.” The move to rework the rule is designed to comply with the U.S. Supreme Court's 2023 ruling against considering race in admissions, ABA officials say.

Posted by: Azya Thornton on Aug 21, 2024
News Type: Legal News

The U.S 6th Circuit Court of Appeals has ruled that insurance companies can sue over the actions of National Park Service's firefighters during the Gatlinburg wildfire of 2016. Federal courts previously held that park service officials were immune from liability for how the wildfire that killed 14 people was fought, according to Knox News. In a 2-1 opinion, a three-judge panel of the 6th Circuit disagreed with those rulings. The paper suggests that the decision may provide a new path for an expanded suit from victims' families. That suit originally included similar mismanagement allegations, but those were dropped after a judge found that filings lacked the required information.

Posted by: Azya Thornton on Aug 21, 2024
News Type: Your Practice

Invoicing and fee collection are no fun. With a cloud-based TBA program, you can create, review and send electronic bills from anywhere. And, with one click, clients can pay promptly with credit cards. Compare web-based vendors or server-based vendors. Find this and more in the Money Management section of TBA’s Law Firm in a Box.

Posted by: Azya Thornton on Aug 21, 2024
News Type: TBA CLE

Discover how artificial intelligence (AI) can revolutionize a trial practice at a webcast on Oct. 14 from noon to 1 p.m. CDT. The session will focus on practical AI tools that streamline tasks from pretrial preparation to courtroom presentations with the goal of enhancing efficiency, accuracy and overall effectiveness as a legal professional. Learn more and register here.

Posted by: Laura Labenberg on Aug 21, 2024
News Type: Election 2024

Dresden attorney Dale Hutcherson was sworn in as Weakley County mayor, the Dresden Enterprise reports. Hutcherson is a graduate of Rhodes College and Cecil C. Humphreys College of Law in Memphis. During his time in law school, Hutcherson served on the University of Memphis Law Review and founded the University of Memphis Sports and Entertainment Law Society. He is a member of the TBA Young Lawyers Division and the immediate past chair of TBA's Entertainment and Sports Law Section. He was sworn into office by General Sessions Judge Tommy Moore.

Posted by: Stacey Shrader Joslin on Aug 20, 2024
News Type: BPR Actions

The Tennessee Supreme Court has suspended the law license of Davidson County lawyer Mickie Smith Daugherty after finding that she failed to respond to the Board of Professional Responsibility about a complaint and posed a threat of substantial harm to the public. The court reported that the complaint alleged misappropriation of funds. Daugherty is immediately precluded from accepting any new cases and must cease representing existing clients by Sept. 19. The court also issued an order allowing documents in the case to be filed under seal.

Posted by: Julia Wilburn on Aug 20, 2024
News Type: Politics

State Reps. Gloria Johnson, Justin Jones and Justin Pearson are scheduled to speak on the main stage at the Democratic National Convention on Thursday, shortly before scheduled remarks from Vice President Kamala Harris, reports the Tennessean. Christened the "Tennessee Three" after state lawmakers expelled Jones and Pearson from the chamber during a gun control debate, the group will speak on gun violence in America. "Last year we were expelled for fighting for common sense gun laws, and the next day Vice President Kamala Harris came to Tennessee, sat in solidarity with us in our fight for democracy, in our fight to protect kids, not guns. That's why I'm here," Jones said.

Posted by: Julia Wilburn on Aug 20, 2024

The Memphis Bar Association’s (MBA) Access to Justice Committee is partnering with the MBA Young Lawyers Division, Councilwoman Jana Swearengen-Washington, Shelby County Circuit Court Clerk Jamita Swearengen and the Sigma Rho Lambda Chapter of Alpha Phi Alpha Fraternity Inc. to host a restoration of rights clinic on Sept. 7. The event will take place from 8:30 a.m. to 12:30 p.m. CDT. Location to be determined. Sign up to help here.


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