Cover Story

Probate Potholes

And How to Avoid Them

The probate statutes are tucked under the hood of Titles 30-32 and, for the most part, are simple and short. A lawyer inexperienced in probate because of just beginning practice or being asked to help a friend or associate can quickly grasp the wheel of the code and adequately navigate his or her client through the administration of a simple estate. However, while the typical probate road is normally smooth travelling, the administration of an estate can be complex and along this road are some sneaky potholes that jar even the most experienced lawyers.

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New Services With YOU in Mind

Group Health Insurance is Highlight of New Benefits for TBA Members

What’s new? At the Tennessee Bar Association, the answer is, a lot.

New benefits, new services, new branding and a new website are all either in place or coming online soon.  And during the coming year, even more changes will take place to better serve the Tennessee legal community.

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Speak Up: Tennessee’s New Anti-SLAPP Statute Provides Extra Protections to Constitutional Rights

Tennessee recently adopted a Strategic Lawsuit Against Public Participation (“Anti-SLAPP”) statute to provide additional protections for certain fundamental constitutional rights. The Tennessee Public Participation Act (TPPA),1 sponsored by Sen. Steve Dickerson, R-Nashville, and Rep. Bob Ramsey, R-Maryville, was passed without opposition in the 111th General Assembly and signed into law by Gov. Bill Lee, effective July 1, 2019.

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Dueling (Over a) Banjo

The Discovery Rule in Conversion of Personal Property Cases

For centuries statutes of limitation have been an integral part of our laws. They are designed to accomplish the public policy of preventing undue delay in bringing claims so that risks of injustice caused by missing evidence and faded memories can be averted.

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Place Your Bets

Tennessee’s Sports Gaming Act Begins July 1

2018 was filled with many historical moments by some of the most prominent figures in sports. Tiger Woods returned to triumph on the PGA tour, LeBron James took his talents to Los Angeles, Danica Patrick suited up for the last race of her iconic 14-year career, and Robert Kraft owned the New England Patriots without being implicated in a massage parlor prostitution sting.

But none was more influential than the “American Sports Gambler,” who earned the top spot on Sports Business Journal’s 2018 list of the most influential people in sports.1

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Tennessee’s ‘Free and Untrammeled Judiciary’

The Turmoil over the Carmack Murder Case

Because of their indispensable duty to expound the law and resolve disputes, courts cannot avoid controversy. Therefore, throughout history Tennessee’s judiciary has had to overcome many challenges and unwarranted attacks. One of its greatest challenges was occasioned by the death of Edward Ward Carmack, a Tennessee political powerhouse of the early 20th century.

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Stay Relevant

Data Can Help Lawyers Thrive in the Changing Marketplace

The digital age has changed the practice of law as we know it. The rapid rise and growing use of technology influence client expectations which, in turn, impact the business practices of the private sector legal services industry. With a few simple clicks of a button, for example, a user can create an online will or incorporate their business for under $100. How do attorneys stay relevant during such taxing times?

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20 Years of Hope

Tennessee Lawyers Assistance Program Celebrates Lives Saved

The Tennessee Lawyers Assistance Program (TLAP) is a free, confidential assistance program that provides consultation, referral, intervention and crisis stabilization for law students, bar applicants, lawyers and judges who are experiencing substance use disorders, stress or emotional health issues.

TLAP has been helping the Tennessee legal profession for 20 years, and it is difficult to remember a time when the program did not exist. But for many years before its establishment, local assistance programs filled the need for lawyer assistance in Tennessee.

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Who Gets the Credit?

Calculating the New Child Tax Credits in Your Parenting Plan

New tax law? Really? Really. The children’s dependency deductions are gone. What’s next? The Child Tax Credit (CTC) helps fill that gap. The cool thing about credits is that they are dollar for dollar reductions of tax, not a reduction of taxable income. This means that the parents’ marginal federal income tax rate does not impact the value associated with the reduction. 

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The Closer: A Step-by-Step Guide to Delivering the Perfect Closing Pitch

Closing argument is surely one of the highlights of any trial lawyer’s practice. While closing argument is undoubtedly thrilling, it is also very challenging. This article will introduce you to the most important aspects of giving a closing argument and provide sufficient information to give you confidence to do your first closing argument and give you a rudimentary framework upon which you may build your own confident and winning style of summation for future trials.

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