Legislation passed this last session has made it harder for staff at Adult Protective Services to investigate self-neglect in clients who may be suffering from malnutrition, not getting needed medical care or living in filthy conditions, WKRN reports. The bill, sponsored by Sen. Todd Gardenhire, R-Chattanooga, changed the definition of “abuse or neglect” to be instances where a “caretaker” inflicts pain or deprives an adult of necessary services. “I’ve seen people in horrible hoarding situations," said Davidson County Assistant District Attorney Mary Griffin. She adds that some are living for months without water, electricity or other basic services. As a result of the new legislation, instances of self-neglect no longer fall under the purview of APS and those cases now have to be investigated by police. 

The 19th Judicial District Mental Health Court is now a reality, thanks to years of hard work from Judge Kathryn W. Olita and a team of passionate supporters. “When I started regularly hearing criminal cases here in the 19th, I noticed that certain defendants were cycling through my courtroom,” Olita says. “A jail stay would give them some access to mental health treatment, meals and shelter, but often after release a repeat offense or violation will bring that person right back.” Graduates of mental health court programs are more likely to break that cycle, Olita says. The court is now accepting new clients through referrals from the district attorney and public defender.

The Workers’ Compensation Appeals Board has set four cases for live oral argument in Knoxville this week, and one virtual oral argument later in the month. The in-person cases will be heard Thursday in Knoxville, with a fifth set for Oct. 19 online. Arguments start at 9 a.m. local time on both dates. Learn more about the cases.

The Tennessee Supreme Court has upheld a trial court’s pre-trial ruling prohibiting a defendant doctor from using evidence that another physician, who was not in the lawsuit, caused the plaintiff’s injuries, because the defendant doctor did not give the plaintiffs notice that he intended to shift the blame for the injuries to the other doctor. In a split opinion, the court also held that Tennessee law prohibited the defendant doctor from putting on evidence of the plaintiff’s insurance or related discounts on his medical bills. Read the court's decision from Justice Holly Kirby and the concurring and dissenting opinion from Justice Roger Page.

Mock Trial Committee member Bridget Pyman and Essential Documents for Essential Workers Chair Matt Knable visited the University of Tennessee College of Law today to speak with students about the benefits of their free membership with the Tennessee Bar Association. They encouraged students to get involved early by applying to the TBA's Diversity Leadership Institute program, volunteering at pro bono clinics and attending CLE programs.

This year’s Tennessee Supreme Court Boot Camp will kick off tomorrow morning with the addition of two special elements. As in past years, attendees will observe oral arguments in real cases and then engage in a discussion about the preparation and considerations for deciding to seek review in the court. But this year, attendees also are invited to see Justice Holly Kirby sworn in as the court’s newest chief justice prior to the CLE at the state capitol, and then hear former TBA president Bill Harbison present a special program on the history of the court at Holland & Knight after the Boot Camp. The TBA's Boot Camp program will kick off at 9:30 a.m. CDT at the Tennessee Supreme Court building in Nashville with oral arguments before the full court. An analysis and discussion will follow with Miller & Martin's Robert Parsley and Nashville lawyers Donald Capparella of Dodson Parker Behm & Capparella and Edmund Sauer with Bradley Arant Boult Cummings. The program will wrap up at 4:30 p.m. CDT.

West Tennessee Legal Services (WTLS) will hold a number of activities this month as part of Celebrate Pro Bono Month and is looking for volunteers to help. On Oct. 5, the group will offer a free CLE to train lawyers how to assist rural clients with conservatorships. A virtual expungement clinic will be held the weeks of Oct. 23 and Oct. 30 to assist clients in Crockett and Obion counties. Two free virtual trainings will be held to help volunteers prepare for this work. Then on Oct. 25, the group will host “Breaking the Stereotype: What Pro Bono Looks Like in 2023,” which will feature Tennessee Supreme Court Justice Jeffrey Bivins and WTLS Pro Bono Coordinator Andy Cole discussing the different ways attorneys can fulfill their ethical obligations to complete pro bono work. One free hour of CLE credit will be available to attendees.

Assistant U.S. Trustee Nick Foster was honored recently at reception held by the U.S. Justice Department in Chattanooga, the Hamilton County Herald reports. Foster was named assistant U.S. trustee for the Eastern District of Tennessee over the summer. Before that, he served as a trial attorney in the Chattanooga office of the U.S. trustee beginning in September 2008. Born and raised in Memphis, Foster earned his undergraduate degree at the University of Tennessee at Knoxville and law degree from Mississippi College School of Law. He was joined at the reception by his wife, attorney Leslie Foster, and their two daughters.

Montgomery County lawyer Robert Louis Booker was permanently disbarred from the practice of law today. The court found that Booker, in representing a client in a contested divorce, charged a $3,200.00 non-refundable fee without a written agreement, or alternatively failed to deposit the fee into an IOLTA account as a retainer and bill against it. In addition, Booker failed to explain the scope of his representation to his client, and because he did not have a written fee agreement, failed to have proper grounds to withdraw based upon the assertion that the client failed to make payments as agreed. Finally, the court found that Booker impermissibly disclosed confidential information pertaining to the client in his motion to withdraw and failed to respond to letters from the Board of Professional Responsibility seeking a response to the complaint. His actions were determined to violate Tennessee Rules of Professional Conduct 1.5(b)(f), 1.15, 1.16(b)(5), 1.6, 8.1(b) and 8.4(a)(d).

As Nashville Mayor Freddie O'Connell continues his first week in office, Republican state leaders say they are ready to turn the page on the state's relationship with its capital city. Gov. Bill Lee told reporters last week that he looks forward to working with O'Connell. Lee also said he spoke with O’Connell on election night and again since, and is working to schedule a more formal meeting. House Speaker Cameron Sexton, R-Crossville, also said he looks forward to bolstering the state’s relationship with Nashville — even though the city and state may not always see eye-to-eye. "We've had conversations and we plan on having ongoing conversations and building the relationship," Sexton said. The Tennessean has more on the story.