February, 2013

Cover Story

Without a great deal of fanfare, the General Assembly in 2011 significantly scaled back the Tennessee Consumer Protection Act (TCPA).

President's Perspective

The 50th anniversary of the United States Supreme Court’s decision in Gideon v. Wainright occurs on March 18. This landmark ruling recognized that the 6th Amendment to the federal Constitution, which provides that in all criminal prosecutions the accused has the right to assistance of counsel, is made obligatory on the states by the 14th...

Letters of the Law

The following letter, from LaFollette lawyer David H. Dunaway,  has not appeared in the printed version of the Journal, but because of its timeliness it is posted here.

Re: Workers’ Compensation Reform 2013 – Closing the Gap for Rehabilitation

Giving Injured Workers a Second...

Senior Moments

With the Baby-Boomer tsunami, almost 70 percent of people over age 65 will need long-term care.  More than 40 percent will need care in a nursing home. With those statistics in mind, consider the couples contemplating marriage who often turn to their attorney for a prenuptial agreement.


John R. Tarpley, a shareholder at Lewis King Kreig & Waldrop in Nashville, has been named chair of the editorial board for the American Bar Association Journal. Tarpley, a former president of the Tennessee Bar Association as well as its Young Lawyers Division, will assume the role in August for a three-year term.


A coalition of Tennessee legal groups and Memphis-based International Paper have joined forces to fund and operate a toll-free phone line offering free legal information and referrals to low-income Tennesseans.

Licensure & Discipline


The following attorneys have been reinstated to the practice of law after complying with Tenn. Code Ann. 67-4-1702 and Supreme Court Rule 9, Section 32, which requires the payment of an annual professional privilege tax to the Tennessee Department of Revenue:
Kahliel Robert Barlowe, Nashville

The Law at Work

A few years ago, the United States Supreme Court departed from its long-held “notice” pleading standard, and adopted a new “plausibility” pleading standard in its Twombly/Iqbal[1] decisions. The heightened pleading standard adopted by the Supreme Court in these cases requires a complaint, in order to survive a motion to dismiss, to “contain...

Paine on Procedure

He was an Ohio lawyer, a Congressman, a Copperhead, an exile, and again a lawyer. As we shall see, he had a brief visit in Tennessee.

Clement Laird Vallandigham (accent on second syllable of surname) was born on July 20, 1820, in Lisbon, Ohio. He studied law under an older brother and was admitted to the bar in 1842. Moving to Dayton, he had a...

But Seriously, Folks

In my long and undistinguished legal career, I have somehow managed to win a few honors. Several years ago, I was elected a “fellow” of something called “The American College of Trial Lawyers.” I was very excited about this, until I found out that the

American College of Trial Lawyers is not really a college, after all. It does not have a football...