September 2018 - Vol. 54, No. 9

Letters of the Law

Wonderful Article About Ida Wells; Consider a Statue of Her

Wonderful article about Ida Wells (“Ida B. Well: Fearless Journalist from Memphis Who Changed the World,” by David L. Hudson Jr., August 2018). As a postscript, Ms. Wells was “run out” of Memphis and her newspaper office burned to the ground, fueled by the racial hatred of Edward Ward Carmack, editor of the, then, Memphis Commercial. His paper demanded retaliation against “the black wench” for her denunciation of the lynchings.

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Supported Decision Making

The Missing Piece in the Puzzle of Planning for Clients with Diminished Capacity

Advising clients to plan ahead for who will make decisions on their behalf should they become incapacitated constitutes a significant component of elder law and estate planning. However, the customary legal path of appointing a substitute decision maker, while obviously required for many clients with diminished capacity, is certainly not a necessity for all such clients.

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Leadership Franklin has selected Stites & Harbison PLLC attorney B. Walker Entwistle to join its 2018-19 class. Participants are chosen based on their leadership skills and community involvement. Each class of 20 members receives leadership training during the eight-month program and completes a leadership project to improve the community. Entwistle is a partner based in Stites & Harbison’s Franklin office. He is a member of the firm’s Real Estate, Banking and Finance, and the Creditors’ Rights and Bankruptcy Service groups.

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Changing a Life Insurance Beneficiary in Violation of an Injunction

In the recent Tennessee Supreme Court opinion issued in June 2018, Coleman v. Olson, the court dealt with the issue of an alteration of the beneficiary of a life insurance policy during the pendency of a divorce. Family law practitioners should take note of this case as it provides the clearest guidance available when dealing with a similar issue going well beyond the mere statutory language in its analysis of such situations.

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Lawyer Advertising

Pera Helps Lead ABA Effort to Modernize Rules on Lawyer Advertising 
The ABA House of Delegates Aug. 6 voted in favor of amending Rule 7 of ABA Model Rules of Professional Conduct, which addresses lawyer advertising, the ABA Journal reports.

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Knoxville lawyer PAUL EDWARD DUNN died on July 21. He was 87. A veteran of the U.S. Marine Corps, Dunn graduated from the University of Tennessee College of Law in 1961. Dunn practiced law in Knoxville for more than 40 years. He began practicing with renowned criminal defense lawyer Ray H. Jenkins and remained with the firm Jenkins and Jenkins until 1995, when he became a founding member of the firm Dunn, MacDonald and Coleman. He was named a Senior Counselor by the Tennessee Bar Association, and an honorary member of the Winfield Dunn cabinet.

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Licensure & Discipline

Disability Inactive

By order of the Tennessee Supreme Court entered July 11, the law license of Shelby County lawyer Robert C. Brooks was transferred to disability inactive status pursuant to Section 27.3 of Tennessee Supreme Court Rule 9. Brooks cannot practice law while on disability inactive status. He may return to the practice of law after reinstatement by the Tennessee Supreme Court upon showing of clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law.

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The Prohibition Era and Policing: A Legacy of Misregulation

By Wesley M. Oliver | Vanderbilt University Press | $27.95 | 280 pages | 2018

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The Tortfeasor Dies Before Suit Was Filed. Now What?

Your new client thought she could avoid hiring a lawyer and instead work out on her own a settlement with the insurance claims representative for the other driver. The dance lasted 10 months. “Wait until the end of medical treatment.” “Sign these forms.” “Send me your medical bills.” “I need your EOB forms.” “Your employer needs to confirm in writing your lost wages.” And so on.

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The Tennessee Lawyer Who Turned Down a Seat on the U.S. Supreme Court

Next to the presidency, it is the most powerful position in the United States government. And unlike the presidency, it is a position one can hold for more than eight years. In fact, once your appointment is confirmed by the United States Senate and you are sworn in, you can hold the job for the rest of your life.

The position is, of course, justice of the United States Supreme Court.

It is no doubt a dream job for many lawyers.

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