35 Selected for 2025 TBA Leadership Law Program

The TBA has announced the selection of 35 attorneys from across the state for its 2025 Leadership Law (TBALL) program. Now in its 22nd year, Leadership Law is designed to equip Tennessee lawyers with the vision, knowledge and skills necessary to serve as leaders in their profession and local communities. The class will meet for its first session in January and spend the next six months learning about leadership in the legal profession, issues in the courts, policymaking in state government and the importance of community service. Read more about the new class members.

Special Prosecutor Appointed in Murder Case After DA Eavesdropping Probe

After a state investigation found Nashville District Attorney (DA) Glenn Funk's office secretly recorded criminal defense attorneys, office employees and visitors, a special prosecutor has been appointed to handle a 24-year-old murder case. Robert Nash, DA for Montgomery and Robertson counties, will take over the case of Calvin Atchison from Funk's office. The Tennessean reports that in October, Judge Cynthia Chappell postponed the trial for Atchison, who is accused of killing a North Nashville woman in 2000. Atchison's defense attorney Ben Powers had asked Chappell to disqualify the Nashville DA's office from prosecuting the case because Powers and a private investigator were pictured in the state's audit report about the situation. State investigators also found an audio recording of the two as they worked in the Funk's office.

Robert Nash

LMU Law Hires Director of Experiential Learning

Lincoln Memorial University Duncan School of Law (LMU Law) has announced the hiring of Lucille C. McGee as director of experiential learning and assistant professor of law. McGee is a graduate of Harvard University’s Derek Bok Center for Teaching and Learning, where she earned a higher education teaching certificate in 2020. She received her law degree from the Appalachian School of Law and a degree in English from the University of Georgia. In her new role, McGee will oversee LMU Law’s experiential learning programs, including clinics, externships and simulation courses. She also will teach practice-oriented courses such as externships and pleadings and practice. Read more in a press release from the law school.

Report: Crime Trending Down in Memphis

Crime rates in Memphis are trending down from last year, according to data from the Memphis Police Department. The Daily Memphian reports that year-to-date, overall violent crime incidents are down around 8% compared to the same point last year, and at the same time, arrests are up, likely due to a new department task force. Murders are down 31%, guns stolen from cars have decreased 24%, juvenile arrests for gun charges are down 7.3% and car thefts and car break-ins are down 38% and 19%, respectively. The number of interstate shootings also has decreased.

Biden Administration Overhauls H-1B Visa Program

The Biden administration has released a rule “overhauling” the H-1B work visa program with the aim of streamlining the application process and limiting abuse of the program. An article from The Hill highlights the changes, which include clarifying who can apply for an H-1B work visa, expanding the definition of specialty occupation positions, and spelling out the requirements for nonprofit and governmental research organizations to sponsor visas. Of note, the changes impose H-1B eligibility requirements on third-party beneficiaries rather than applicant organizations; codify numerical cap exemptions for research jobs to allow nonprofits and academia to sponsor visas year-round; allow foreign nationals transitioning from a student visa to an H-1B to avoid gaps in employment; and expand the government’s authority to conduct site visits to ensure proper implementation of the visa.

Court Adopts Amendments to Appellate, Civil Rules

The Tennessee Supreme Court has adopted amendments to the Rules of Appellate Procedure and the Rules of Civil Procedure, which now are subject to legislative consideration. If approved by the General Assembly, the rules will take effect on July 1, 2025.

Court Adopts Amendments to Rule 54

The Tennessee Supreme Court has adopted amendments to Rule 54. The court noted that the changes were requested by the Administrative Office of the Courts. The rules will take effect immediately. View the red-line changes to the rule in the court’s order.

New Laws Take Effect Jan. 1; 3 Face Lawsuits

Several new state laws are set to take effect Jan. 1, 2025, reports the Tennessean. The Protecting Children from Social Media Act requires social media companies to verify users' ages before they can create an account. If the user is a minor, the company must confirm "express parental consent" before the minor is allowed to create an account. The Protect Tennessee Minors Act limits minors from accessing pornography online. Companies may either require users to match an uploaded photo with a state ID or use "a commercially reasonable method relying on public or private transactional data to verify" that users are over 18 years. Both the social media and pornography age verification laws are facing free speech lawsuits in federal courts. Also on Jan. 1, residents of China, Iran, North Korea and other countries subject to the International Traffic in Arms Regulations will be prohibited from owning agricultural land in the state. It was challenged in court on Oct. 31 by investors in the Walton Tennessee company. Other laws taking effect in the new year are HB1814, which requires landlords to provide contact information for the "agent" authorized to manage the property; a new law requiring alcohol servers to be trained on preventing date-rape drugging and the role of alcohol and drugs in sexual assault; and SB1919, requiring medical providers with TennCare to begin prescribing birth control as a 12-month refill, allowing patients to get a year's worth of contraceptives without returning for multiple doctor visits.

Volunteer Lawyers Sought for Disaster Advisory Group

The Washington County Long Term Recovery Group — a community-led group working to assist those impacted by Hurricane Helene — is putting together an advocacy committee of volunteer attorneys to be a resource to case managers working with affected individuals. As case managers identify legal issues, they will refer those to the advocacy committee. Practioners in a range of fields are invited to participate. For more information or to join the effort contact Melissa Reading, 423-794-4009. The Washington County Bar Association announced the new group in an email today.

Primer Looks at Appointed Counsel in Juvenile Delinquency Cases

This week's installment of TBA's Indigent Representation Primer is now available. The new post provides information about counsel appointed for minors facing criminal charges. In Tennessee, juveniles charged with delinquency are guaranteed a right to counsel, and if they cannot afford to hire an attorney, the court will appoint a public defender or private attorney. Tennessee law mandates that juveniles must be provided with counsel in cases where the child faces the possibility of incarceration or other serious consequences. Juvenile delinquency cases present a unique set of challenges in the legal system and the role of appointed counsel is critical to ensuring fair treatment for youth in the justice system. Attorneys appointed to represent a juvenile charged with a crime in Tennessee play an essential role in providing legal defense, ensuring the juvenile’s rights are protected, advocating for rehabilitation and working toward a favorable outcome for the child. This is the sixth installment in the series. Read past primer posts.

Services Thursday for Nashville Attorney

Eugene W. Ward, Nashville attorney and husband of Grand Ole Opry star Jeannie Seely, died Dec. 13 at age 92. He received his undergraduate degree from Lincoln Memorial University in 1956 and his law degree from the University of Tennessee College of Law in 1959. Ward practiced law in Morristown for two years before being appointed to assistant general counsel at the Tennessee Public Service Commission. He later served as general counsel, and then in 1986, moved to Nashville Electric Service (NES). He retired in 2011 as general counsel and vice president. Ward was a member of the Nashville and Tennessee Bar Associations, as well as the American and the Tennessee Valley Public Power Associations and the Tennessee Municipal Electric Power Association. Services will take place at Spring Hill Funeral Home and Cemetery, 5110 Gallatin Pk., Nashville 37216 on Dec. 19. Visitation will begin at 11 a.m. CST with a celebration of life at 1 p.m. The family requests that memorial donations be made to Shriner's Hospital for Children or the Opry Trust Fund.

Hamilton County Lawyer Suspended

The Tennessee Supreme Court immediately suspended Hamilton County lawyer Alan Christopher Norton from the practice of law until further order. The court took the action after it found that Norton posed a threat of substantial harm to the public. The suspension will remain in effect until dissolution or modification by the court. Previous reporting indicated that Norton was charged with forgery after an investigation found he allegedly forged a judge's signature on court documents.

Court Rejects Proposed Disciplinary Action, Refers Matter Back to BPR

The Tennessee Supreme Court has rejected proposed disciplinary action against Sullivan County lawyer Samuel Ervin White and referred the matter back to the Board of Professional Responsibility. In its order, the court said the following: “Based on our review of the entire record in this matter, [we have] concerns that the recommended sanction, particularly the period of active suspension, is too lenient given the number of complaints, the serious nature of the alleged misconduct, including abandonment of vulnerable clients, and dishonesty in communications with clients, other lawyers and disciplinary counsel.” White had agreed to a conditional guilty plea to resolve complaints filed against him on Oct. 29.

2025 Estate Planning & Probate Forum Set for Feb. 28

Make plans now to attend the 2025 Estate Planning and Probate Forum, which will be held Feb. 28, 2025, at the Embassy Suites Cool Springs in Franklin. The daylong event will feature expert speakers covering topics such as community property trusts, AI developments, a probate panel, ethics, legislative updates and much more. Breakfast and lunch will be provided, offering opportunities for networking with colleagues from across the state. Sessions will run from 8:30 a.m. to 5 p.m. CST. The program offers seven hours of CLE including two hours of dual credit. Section members receive discounted pricing. Not a member of the Estate Planning & Probate Section yet? Join here. For more information on the forum, to view the speaker line up and to register, visit TBA’s website.

Use TBA Benefits for Career Advancement

Need a change? TBA has the resources you need to grow as a leader, make a change to a new firm, or build your own firm. With TBA’s Career Center, Law Firm in a Box and 33 sections specializing in practice areas, members have access to hundreds of resources to find solutions for specific needs. TBA also offers two leadership programs focused on developing leadership skills and scaling your practice for growth. Start your membership here.