TBA Law Blog


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Posted by: Barry Kolar on Oct 4, 2023
News Type: Legal News

Civil rights attorney Ben Crump rallied students at Tennessee State University on Tuesday, urging them to encourage Tennessee lawmakers to allocate $2.1 billion in funds that should have been provided to the school but weren't, the Tennessean reports. Crump, who has provided legal services to several Black families whose loved ones have been killed by police, told students they had been cheated out of better opportunities that the additional money would have brought to the campus. He also threatened legal action if the funding is not restored. The funding shortage was spelled out in a letter from the Biden administration to Gov. Bill Lee last month. Tennessee was one of 16 states accused of underfunding its historically Black land-grant universities by billions of dollars over the last 30 years.

Posted by: Barry Kolar on Oct 4, 2023
News Type: TBA CLE

This year's Hot Topics in Real Estate will take place virtually on Nov. 10, allowing you to learn from the comfort of your home or office. The program, produced in cooperation with the Tennessee Land Title Association, is a staple for Tennessee dirt lawyers, designed to keep you on the cutting edge of developments in your practice. This year's program starts at 9 a.m. CST and provides 1 hour of dual credit and 4.75 hours of general credit.

Posted by: Stacey Shrader Joslin on Oct 4, 2023

The TBA offers a member advantage relationship with SoFi, one of the largest providers of student, home and personal loans. Members seeking to consolidate and refinance student loans can save thousands of dollars thanks to SoFi’s flexible terms, low rates and no fees. TBA members also will receive an exclusive rate discount! Don't have student loans? SoFi can help you reach your financial goals with other solutions, including mortgages and personal loans. Get started today at SoFi.com/TBA.

Posted by: Liz Slagle Todaro on Oct 3, 2023

The Tennessee Supreme Court and the Access to Justice Commission are hosting the first in-person pro bono recognition event since 2019. All who received recognition as Attorneys for Justice and Law Students for Justice for 2020 through 2023 are invited to this celebration. The event will take place on Oct. 10 at 5:30 p.m. CDT at the Belmont College of Law. Members of the Tennessee Supreme Court will be on hand to honor pro bono recognition recipients. Texas Supreme Court Chief Justice Nathan L. Hecht will serve as the keynote speaker for this celebration. Light refreshments will immediately follow the presentations. RSVPs are requested. 

Posted by: Stacey Shrader Joslin on Oct 3, 2023

Memphis Area Legal Services (MALS) will hold three legal clinics in October. The “Attorney of the Day Clinic” will take place Oct. 5 and 19 from 1-3 p.m. CST at the Shelby County Courthouse, 140 Adams Ave., Room 134, Memphis 38103. The monthly clinic at the Benjamin Hooks Library will take place Oct. 14 beginning at 10 a.m. The library is located at 3030 Poplar Ave., Memphis 38111. For both clinics, clients will be served on a first come, first served basis. For questions or to volunteer contact Heather Staggs or Walter Casey.

Posted by: Liz Slagle Todaro on Oct 3, 2023

Legal Aid of East Tennessee will host a free virtual clinic on Thursday at 4:30 p.m. EDT to assist adults seeking to change their names. Clients are pre-registered and will be paired with volunteer attorneys and law students to draft petitions and get advice on how to prepare for a name change hearing. LAET is partnering with the TBA Young Lawyers Division, Belmont School of Law and Legal Aid Society of Middle Tennessee and the Cumberlands to hold this event. Attorneys interested in volunteering should email mdevoe@laet.org.

Posted by: Barry Kolar on Oct 3, 2023
News Type: Legal News

Three of the five former Memphis police officers charged with the beating, and later death, of Tyre Nichols will not be tried separately as they had requested, the Commercial Appeal reports. Shelby County Criminal Court Judge James Jones Jr. ruled Monday that the attorneys did not "show how any antagonism between co-defendants necessitates a separate trial, nor has he shown how he will be hindered in presenting his defense at a joint trial."

Posted by: Barry Kolar on Oct 3, 2023

State Rep. Justin Jones, D-Nashville, is suing House Speaker Cameron Sexton, R-Crossville, and others, claiming they violated his free speech rights by expelling and disciplining him for speaking without permission in favor of gun reform, the Daily Memphian reports. Jones is asking the U.S. District Court for Middle Tennessee to issue an injunction preventing Sexton from censoring him and from passing similar rules packages in the future.

Posted by: Barry Kolar on Oct 3, 2023

Tennessee court officials will ask legislators for more money next year to raise the hourly rate to $80 for attorneys doing appointed work in criminal and juvenile cases. “Court proceedings can’t happen without court-appointed attorneys, but attorneys can’t afford to take cases at the current rates,” Tennessee Supreme Court Chief Justice Holly Kirby said in a news release today. “The criminal justice and juvenile court systems are running out of options.” Tennessee’s reimbursement rate for court-appointed attorneys is the lowest in the country and has not changed since 1997. “Paying lawyers such low rates doesn’t make the cases go away. It just means cases are delayed, overturned, or returned to the trial court on appeal. That doesn’t help anyone,” Kirby said. “It’s not efficient or cost-effective."

TBA President Jim Barry applauded Chief Justice Kirby's sentiments and the AOC’s decision to seek increased funding. "On behalf of attorneys across Tennessee, the TBA has long advocated for increased rates and caps for the many court-appointed attorneys who represent the indigent and has worked with the AOC over the years to improve the funding levels. These cases affect some of the most vulnerable components of our justice system, as a large percentage involve children and families. Often these attorneys take these cases to their own financial detriment, and in many situations, the low rates and caps combined with the volume of cases make it increasingly difficult to maintain a law practice. This dynamic especially affects lawyers in rural areas and has led to a crisis that is threatening our entire legal system in Tennessee."

"The TBA looks forward to working with the AOC, the Supreme Court, the Legislature and Governor Lee’s administration to create meaningful solutions to this problem.”

Posted by: Barry Kolar on Oct 3, 2023
News Type: Legal News

The staff of Nashville’s Community Oversight Board will likely stay on board even after it is reconstituted as a Civilian Review Board, WPLN reports. The legislature earlier this year took away much of the power the boards held to monitor police departments, but newly elected mayor Freddie O’Connell has said he thinks civilian oversight is still important and will keep the staff in place to get the new Civilian Review Board “up and running as quickly as possible.”


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