August, 2008

Cover Story

Prove. Calculate. Award

President's Perspective

The Tennessee Plan is the best plan for selecting judges we have ever had in our state's history. But as things stand now, the Plan will vanish on June 30, 2009. In '78, '82 and '90, I lived through my late father's three tough judicial campaigns. I deflected calls from litigants trying to give him campaign money. I went to judicial endorsement committee...

Book Review

By Vincent Bugliosi | W.W. Norton | $49.95 | 1,612 pages | 2007

Should you read this expensive book that weighs 5 pounds? Probably so, but I have an alternative solution.

Order the abridged audio version read by Edward Herrman from Simon & Schuster. It will also cost you $49.95, and the compact discs run for 18 hours. But Mr. Hermann is...

Where There's a Will

It's nice when the IRS concedes a position it really couldn't have won anyway, but could have used as a threat. It's nicer still when its concession encourages the use of a powerful estate planning tool too little used. Specifically, in a recent revenue ruling,[1] the IRS confirmed that when a grantor of a trust retains a Code  §675(4)(C) power to...


Circuit Court Judge William B. Acree Jr. of the 27th Judicial District has been elected president of the Tennessee Judicial Conference. Acree has been circuit court judge since 1994, and has served as a special judge on the Tennessee Court of Criminal Appeals, the Tennessee Court of Appeals and the Tennessee...


Comment by Aug. 15
Proposed Changes to Rules of Professional Conduct Released
The TBA Board of Governors has authorized release of a proposed set of refinements to the Rules of Professional Conduct for comment. The proposal is the first thorough examination of the rules since their adoption in...

Licensure & Discipline


The following attorneys have been reinstated to the practice of law after complying with Section 20 of Supreme Court Rule 9, which requires the payment of annual registration fees:

Brian Alexander Konradi, Austin, Texas

Don G. Owens III, Memphis


Paine on Procedure

While reading a new book about the Evelyn Nesbit/Stanford White/Harry Thaw love triangle (American Eve, by Paula Uruburu), I realized that I had erred in my March 1999 column on "The Red Velvet Swing Murder." I wrote that there was only one trial of Harry Thaw for shooting Stanford White. The truth is that Thaw was tried twice. Not much has been written...

But Seriously, Folks

On June 26, Mississippi lawyer Dickie Scruggs was sentenced to five years in prison for conspiring to bribe a judge. On the next day, Scruggs's picture was on the front page of every newspaper in the country. We lawyers are like preachers. When televangelist Jimmy Swaggart gets caught with his pants down (literally), the national press tries to make it...