TBA Law Blog


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Posted by: Stacey Shrader Joslin on Oct 24, 2023
News Type: Legal News

Recent episodes from the Legal Services Corporation’s “Talk Justice” podcast explore the potential and pitfalls of generative AI. In “AI’s Potential for Access to Justice,” experts look at ways AI can dramatically shorten the time it takes to develop new legal services platforms and resources, while also increasing the reach of those services. Then in “Will AI Be Accessible?” tech experts explore the protential problems AI could create for the legal field, including issues of accessibility and faulty information that could do more harm than good for self-represented litigants.

Posted by: Stacey Shrader Joslin on Oct 24, 2023
News Type: Legal News

The Biden administration is implementing a new family reunification program for Ecuador, allowing U.S.-based Ecuadorians to sponsor their immediate family members abroad to legally immigrate to the United States. The program, which currently serves citizens of Colombia, Cuba, El Salvador, Guatemala, Haiti and Honduras, is meant to encourage the use of legal pathways to immigrate, The Hill reports.

Posted by: Stacey Shrader Joslin on Oct 24, 2023
News Type: Legal News

The Memphis Bar Association (MBA) is accepting nominations for its two annual awards through Nov. 10. The Sam A. Myar Jr. Award is presented to a member of the association who is 40 years of age or younger, and has rendered outstanding service to the legal profession and community. See the list of past recipients. The Judge Jerome Turner Lawyer's Lawyer Award is presented annually to an MBA member who has practiced law for more than 15 years and exemplifies the aims and aspirations embodied in the Guidelines for Professional Courtesy and Conduct. See the past recipients of that award. Nomination forms should be sent to MBA Executive Director Mary Ann Upchurch.

Posted by: Stacey Shrader Joslin on Oct 24, 2023
News Type: Legal News

Recent developments in a court case that could restore voting rights to thousands of people in Tennessee may lead to new delays, News Channel 5 reports. In 2020, the NAACP sued the state alleging that Tennessee officials failed to follow state law that allows people to legally restore their voting rights after serving their sentences and completing parole. The group also alleged that officials added new requirements to the process. While some thought the suit would be settled, attorneys broke off talks in July. In addition, Tennessee Attorney General Jonathan Skrmetti recently asked a judge to reject the suit in its entirety. The NAACP had hoped the suit would be resolved in time for the 2024 presidential election.

Posted by: Stacey Shrader Joslin on Oct 24, 2023
News Type: Upcoming

The Tennessee Department of Revenue will host a free live webinar Oct. 31 at 9 a.m. CDT to discuss how to file a state sales tax return online. Learn more or register here. The webinar is one in a series of educational sessions held by the department each month.

Posted by: Stacey Shrader Joslin on Oct 24, 2023
News Type: Legal News

Nashville lawyer and TBA Elder Law Section Executive Council member Barbara J. Moss writes in USA TODAY that the conservatorship of Michael Oher is not how law is supposed to work. Moss points out that at the time Sean and Leigh Anne Tuohy petitioned the court to be named conservators for Oher, they specifically stated he had “no known physical or psychological disabilities.” She also notes that for 19 years, the court never required any proof of disability or the filing of status reports. According to Moss, Tennessee law requires clear and convincing evidence that an individual is fully or partially disabled, and mandates the filing of annual accounting and status reports. In August, Oher petitioned the court to terminate the conservatorship, provide an accounting of funds the Tuohys received, and grant him an unspecified amount in damages. Memphis Judge Kathleen Gomes terminated the conservatorship in September.

Posted by: Stacey Shrader Joslin on Oct 24, 2023
News Type: Legal News

Multiple organizations today filed a federal lawsuit challenging Tennessee’s aggravated prostitution statute, saying it and related sex offender registration requirements are unconstitutional and violate the Americans with Disabilities Act. Aggravated prostitution is defined by Tennessee law as when a person, knowing that they are HIV positive, “engages in sexual activity as a business or is an inmate in a house of prostitution or loiters in a public place for the purpose of being hired to engage in sexual activity.” The offense is a class C felony and requires lifetime registration as a violent sex offender. The groups — including the ACLU of Tennessee, Transgender Law Center, OUTMemphis and several Jane Does — argue that the law “targets people because of their HIV status and keeps them in cycles of poverty …”.  The Commercial Appeal has more.

Posted by: Stacey Shrader Joslin on Oct 24, 2023
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti has filed a lawsuit against Meta Platforms Inc., alleging that its social media platform Instagram causes mental health harms to young users. In a release issued about the suit, Skrmetti says that “Meta has known for years that Instagram causes psychological harm” and that “targeting kids with a harmful product and lying about its safety violates the Tennessee Consumer Protection Act.” The suit is the result of a nationwide investigation led by Skrmetti and Colorado Attorney General Phil Weiser. Suits from dozens of other states also were filed this week. The group of state attorneys general also is investigating TikTok’s conduct and is currently engaged in litigation over the company’s alleged failure to provide adequate responses to the investigation.

Posted by: Stacey Shrader Joslin on Oct 24, 2023
News Type: TBA CLE

Make plans now to join colleagues on Nov. 30 for the second annual "Raising the Bar" program. Produced by the TBA Women in the Profession Committee, this year’s program will focus on advocating for one’s own and others’ career growth. Sessions will cover how to effectively solicit raises and project assignments, receive credit for work done, and make partner. A second session will explore the barriers impacting diverse women in the legal industry and best practices for overcoming those challenges. And for those on the back end of their career, the program will wrap up with a session on the financial aspects of preparing for retirement and maintaining work-life balance while transitioning to retirement. A networking reception will follow the program from 4:15-6 p.m. CST.

Posted by: Stacey Shrader Joslin on Oct 24, 2023
News Type: Legal News

Do you know a high school student interested in learning about the practice of law? If so, please encourage them to apply for the TBA Young Lawyers Division’s inaugural Diversity Law Week, which will take place March 11-16, 2024, across the state. During that week, high school students will have the opportunity to visit a local courthouse, shadow and engage with practicing attorneys, visit a college or law school campus, and participate in programming designed to expose them to the theory and practice of law. Diversity Law Week will offer participants a one-of-a-kind experience and an invaluable roadmap for becoming a lawyer. This opportunity is open to high school students of all grade levels throughout Tennessee. Interested students should apply here.


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