TBA Law Blog


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Posted by: Paul Burch on May 23, 2023

The TBA Committee on Racial & Ethnic Diversity (CRED) will host "Overview of Landlord and Tenant Laws," a free webcast with committee member Christina Magrans-Tillery. Topics for the June 9 program include rights and obligations of parties, repairs, eviction process and discrimination issues. Learn more or register here.

Posted by: Paul Burch on May 23, 2023

Judge Camille R. McMullen has been reappointed by the Tennessee Supreme Court to another term as a member of the Board of Judicial Conduct, commencing on July 1 and expiring on June 30, 2026.

Posted by: Paul Burch on May 23, 2023

Don't miss the Policing in America CLE presentation from the TBA and Tennessee Alliance for Black Lawyers (TABL) at the TBA Convention in Knoxville. There are over 18,000 federal, state and local law enforcement agencies, all with their own rules. Chief Paul Noel of the Knoxville Police Department, Chief Celeste Murphy from the Chattanooga Police Department and Assistant Chief Dwayne Greene of the Nashville Police Department, as well as federal public defender Dumaka Shabazz, will discuss how these differences impact the communities they serve. The panel will be moderated by Brooklyn Sawyers Belk, the Knoxville Police Department attorney and deputy chief. A reception will follow the program. Register for the convention now to take part in this and other programming. 

Posted by: Paul Burch on May 23, 2023

The TBA Elder Law and Juvenile Law sections will provide a free one-hour webinar tomorrow at 2 p.m. CDT, covering when you need guardian ad litem in domestic law cases versus when you need guardian ad litem in probate cases. Presenters will discuss the requirements of each role, offering tips for beginners and best practices. CLE credit is available for a $50 processing fee. Learn more or register here.

Posted by: Paul Burch on May 23, 2023
News Type: Legal News

AccessLex Institute has released its 2022 Legal Education Data Deck showing that the law school admission rate increased for the first time in seven years. But the data also shows “dismal” rates for enrollment, admittance and graduation rates for minorities. The ABA Journal has more on the findings.

Posted by: Paul Burch on May 23, 2023

The Tennessee Supreme Court has reversed the termination of the parental rights of two parents whose infant son suffered multiple rib fractures while in their custody. In the opinion released Friday, the court held that under Tennessee law, the evidence did not support a trial court’s finding that the parents’ failure to protect their child from injury was “knowing.” The court emphasized that its decision to reverse the termination of parental rights did not mean that the parents automatically regain custody of the child. 

Posted by: Paul Burch on May 23, 2023
News Type: TBA CLE

Register now for the TBA 2023 LGBT Forum on June 23. Panelists will discuss the erosion of rights for the trans community as well as targeted legislation. Other topics include healthcare, drag laws and ethics. Don’t miss this opportunity to learn from community experts and earn three dual hours of CLE credit.

Posted by: Stacey Shrader Joslin on May 22, 2023
News Type: Legal News, Your Career

The Trial Court Vacancy Commission is currently accepting applications for three newly established state court judicial positions: a criminal court judge in the 13th Judicial District, a circuit court judge in the 19th District and a circuit court judge in the 22nd District. The new positions, created by the Tennessee General Assembly during the recent session, will be effective Sept. 1. Public hearings on candidates will take place July 18, July 12 and July 13, respectively. The deadline to apply is June 12 at noon CDT. Applicants must be attorneys licensed in Tennessee who are at least 30 years of age, residents of the state for five years, and residents of the relevant judicial district. The application and instructions are available online. For questions, contact Assistant General Counsel John Jefferson.

Posted by: Stacey Shrader Joslin on May 22, 2023
News Type: BPR Actions

The Tennessee Supreme Court today suspended Maury County lawyer James Michael Marshall for one year. The court took the action based on two complaints. In one matter, the court found that Marshall failed to prepare and file an order reflecting the trial court’s ruling (resulting in contempt charges being filed against his client), failed to timely address an order of protection or advise his client of the ramifications of cohabitation, failed to fully advise his client that dismissal of a divorce complaint would not affect the pending counter-complaint for divorce filed by his wife, and failed to timely withdraw as attorney of record after closing his file. In a second matter, Marshall created a conflict of interest by engaging in an inappropriate relationship with his client during the representation. Marshall submitted a conditional guilty plea acknowledging his conduct violated Rules of Professional Conduct 1.3, 1.4, 1.7 and 1.16.

Posted by: Stacey Shrader Joslin on May 22, 2023
News Type: BPR Actions

The Tennessee Supreme Court today suspended Rutherford County lawyer Gary Neil Patton from the practice of law for one year, with 30 days to be served on active suspension and the remainder on probation. The court took the action after the Board of Professional Responsibility found that Patton failed to reasonably communicate with his client; collected a fee for work he performed without filing a motion for approval of the fee in violation of the rules of the Probate Court; failed to maintain client funds in his trust account prior to receiving approval of the court; obtained a release of liability from his client without advising his client in writing of the desirability of seeking independent counsel; and engaged in unprofessional conduct through inappropriate conversations with his client His actions were determined to violate Rules of Professional Conduct 1.4, 1.5, 1.7, 1.8 (h) and 1.15. The court did find that Patton deposited the fee he had received when ordered to do so.


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