November, 2010

Cover Story

How the new Tennessee Rules of Professional Conduct will change the way you practice law

After more than a year's study, on Sept. 29 the Tennessee Supreme Court brought Tennessee's lawyer ethics rules completely up to date. The revised rules go into effect on Jan. 1, 2011, and reflect many of the latest changes from the ABA, rules adopted in...

President's Perspective

To the degree there is a consensus, it is agreed that Tennessee's first lawyer was probably Luke Bowyer, who was present in that area of North Carolina that was to become the State of Tennessee in the 1770s. Bowyer was the attorney for the Wautauga Association, and signed off on a petition to Provincial Congress in the Tarheel State in 1776.

Book Review

Here is yet one more book about a famous chapter from the history of our American West. In the April 2009 issue of the Journal I declared James Donovan's A Terrible Glory (2008) to be "the last word." But you need to read this new volume.

Why was the Last Stand a disaster? Three reasons convince me that the Seventh Calvary had...

Senior Moments

In "Dealing with Dementia: Part 1 (June 2010 Tenn. Bar Journal)," we focused on Juanita Goggins, a dementia patient who died of exposure. Attorneys often counsel families who are dealing with a loved one who has dementia but like Ms. Goggins is resistant to care or intervention. For family attorneys, it is crucial to know something about...


David N. Shearon, the first and only executive director of the Tennessee Commission on Continuing Legal Education and Specialization, resigned effective Oct. 31. He held the position since the commission's inception in 1987. He leaves to pursue his work in positive psychology, which over the past five years he has pursued through...


Luminary Award of Excellence

The Tennessee Bar Journal, the monthly magazine of the Tennessee Bar Association, was recognized in October with a Luminary Award of Excellence by the National Association of Bar Executives' Communications Section at its annual workshop. The magazine was judged best in its category for regular publications...

Licensure & Discipline


The following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education: W. Ray Culp III, Brentwood, and Katrina Michelle Snow, Brooklyn, N.Y.

Ridgely attorney Guy Steven Davis was...

Crime & Punishment

Corporate crime is big news. Lawyers practicing in Tennessee face an increasing likelihood of being asked to assist business clients in responding to an allegation of criminal wrongdoing. To protect the business and to avoid inadvertent harm to others (and your license), counsel must both understand the attorney-client privilege of an organization.

Paine on Procedure

On the first Monday in December some important revisions will affect civil practice in federal courts.

Federal Rule of Civil Procedure 8. General Rules of Pleading

The list of affirmative defenses in Rule 8(c) will no longer contain discharge in bankruptcy. Why not? Because, as the Advisory Committee

Note explains, the discharge...

But Seriously, Folks

On Thursday, Nov. 18, the Tennessee General Assembly will convene on Capitol Hill in Nashville for its 41st session. No, not that General Assembly. The old geezers don't come back to Nashville until January. I'm talking about the baby legislators, or the future legislators of Tennessee. The group that convenes in Nashville in November

is the...