TBA Law Blog


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Posted by: Paul Burch on Jul 13, 2023
News Type: Passages

Pikeville lawyer James W. “Jimmy” Pope III, died Monday at age 59. Pope graduated from the University of Tennessee at Knoxville in 1986 with honors and earned his law degree from the Cumberland School of Law at Samford University in 1989, receiving the A. B. Neil Award for the outstanding Tennessee student. Pope served as a director for First Farmers and Commercial Bank as well as the lead prosecutor in the 9th Judicial District, which covers Loudon, Meigs, Morgan and Roane counties. A celebration of life was held at Pikeville Funeral Home Chapel, followed by a burial at Pikeville City Cemetery. 

Posted by: Julia Wilburn on Jul 13, 2023
News Type: TBA CLE

Hosted by the TBA Family Law Section, the Intersections of Family Law CLE will examine how domestic law intersects with other legal segments, providing a more holistic view to incorporate into practice. Sessions will cover litigation regarding closely held businesses in divorces and criminal law considerations for domestic lawyers. A networking reception will follow the program. Join colleagues in Memphis on Aug. 17 from 2-4:30 p.m. CDT for this program.

Posted by: Stacey Shrader Joslin on Jul 12, 2023

The Tennessee Supreme Court recently issued an opinion that Supreme Court Rule 13 — which provides the procedure for administering funds for assisting indigent litigants in capital cases — was constitutionally applied in the state’s case against Jessie Dotson. Following conviction for premeditated first-degree murder, Dotson raised claims of ineffective assistance of counsel and requested funds to hire experts to assist him. The post-conviction court authorized the funds, but the Administrative Office of the Courts and the Tennessee Supreme Court chief justice reduced the amount in some instances and denied approval in others. After the Court of Criminal Appeals upheld those changes, Dotson appealed to the Supreme Court, arguing, among other things, that he was denied a full and fair post-conviction hearing. The high court disagreed, ruling that the application of Rule 13 to Dotson’s case was constitutional, that he was not denied due process, and that he was afforded a full and fair post-conviction hearing. Read more about the case.

Posted by: Stacey Shrader Joslin on Jul 12, 2023
News Type: Legal News

The U.S. legal services sector added 5,100 jobs in June for a total of 1,185,100 legal jobs, nearing a high-water mark set in July 2022, Reuters reports. That month, the legal sector reached 1,187,900 jobs. According to the U.S. Bureau of Labor Statistics, the count includes a range of legal workers, but the majority are lawyers. Despite the overall job growth, at least a dozen large U.S. law firms have confirmed laying off lawyers, staff or both since November. Layoffs are being driven in part by a slowdown in the global mergers and acquisitions (M&A) market. The total value of global M&A deals in the first six months of 2023 shrank to $1.3 trillion, a 37% drop compared to the first half of 2022, according to financial market data firm Refinitiv.

Posted by: Stacey Shrader Joslin on Jul 12, 2023
News Type: Passages

Memphis lawyer Donna Elizabeth Dyer Smith died July 5 at the age of 76. Originally from Virginia, Smith moved frequently as the child of a military family. She finally settled in Memphis and went on to work for Southwestern University (now Rhodes College) and pharmaceutical company Schering Plough. Smith worked as a paralegal there while pursuing a law degree at the University of Memphis. She later joined Arcadian as corporate counsel, Guardsmark as vice president and finally, the Memphis office of the Internal Revenue Service. Visitation will be held on July 22 from 1-2 p.m. CDT at Memphis Funeral Home, 5599 Poplar Ave., Memphis 38119. A memorial service will follow at 2 p.m. Memorial donations may be made to the Cecil C. Humphreys School of Law at the University of Memphis.

Posted by: Stacey Shrader Joslin on Jul 12, 2023
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti recently joined a 27-state coalition in asking the U.S. Supreme Court to uphold a lower court ruling that the Consumer Financial Protection Bureau’s (CFPB) funding mechanism is unconstitutional. The Fifth Circuit Court of Appeals ruled last October that Congress improperly delegated power to the CFPB when it guaranteed an independent, perpetual income stream. Read more about the case and the amicus brief.

Posted by: Stacey Shrader Joslin on Jul 12, 2023
News Type: Passages

Retired Chattanooga attorney Landon “Lanny” Haynes Goins, formerly of Signal Mountain, died in Colorado on July 4 after a brief illness. Goins, a 1966 graduate of the University of Tennessee College of Law, began practicing law at his father’s firm of Goins, Gammon, Baker & Robinson. He later co-founded the firm of Goins & Carpenter. He retired in 2005 and moved to Colorado to be close to his daughters. Goins served on the Chattanooga Bar Association Board of Governors from 1980-1986 and as its president from 1984-1985. He also was an avid outdoorsman who enjoyed camping and hunting throughout East Tennessee and fishing with friends in Canada. Memorial donations in his name may be made to the M.D. Anderson Cancer Center in Houston, Texas.

Posted by: Stacey Shrader Joslin on Jul 12, 2023
News Type: Legal News

Williamson County Circuit Judge Michael W. Binkley will retire Sept. 29, after serving 11 years on the bench and 35 years as a trial lawyer in private practice, the Nashville Post reports. When asked why he would retire after winning re-election to an eight-year term last year, Binkley said he has other things that he wants to do with his life. “I have thoroughly enjoyed being a trial judge for the last 11 years,“ he said. “Going forward, I look forward to opportunities in my life, inside the law and, mostly, outside of the law.” According to the Tennessee Administrative Office of the Courts, applications to fill the vacancy will be accepted until July 26. The Trial Court Vacancy Commission will meet on Aug. 31 to consider applicants.

Posted by: Stacey Shrader Joslin on Jul 12, 2023
News Type: Legal News

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility has released a formal opinion that provides guidance to lawyers on how they might share an office and staff resources with an unaffiliated attorney. Formal Opinion 507 notes that while office-sharing is permissible under the model rules, attorneys should appreciate that such arrangements require “appropriate measures to comply with their ethical duties concerning the confidentiality of information, conflicts of interest, supervision of nonlawyers and communications about their services.” The opinion also directs lawyers in these arrangements to clearly communicate the nature of their relationship with other lawyers in the shared space to the public and their clients.

Posted by: Stacey Shrader Joslin on Jul 12, 2023
News Type: Legal News

The Trial Court Vacancy Commission has voted to forward the names of three individuals to Gov. Bill Lee for his consideration in filling a new circuit court judge position in the 19th Judicial District. They are: Gregory D. Smith of Clarksville, Ashleigh L. Travis of Clarksville and Jeff K. Walker of Springfield. The new position was created by the Tennessee General Assembly and will be active on Sept. 1. The district covers Montgomery and Robertson counties. Read more about the nominees on the Administrative Office of the Court’s website.


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