March, 2016

Cover Story

The law favors the presentation of live witness testimony at trial. Just because a party takes a deposition does not mean it can be used at trial, and even if it can be used it may be only for limited purposes, or under certain circumstances. The purpose of this article is to discuss the many ways that depositions can be used in the trial of a civil case...

President's Perspective

News came this past weekend that Justice Antonin Scalia died unexpectedly while visiting a ranch resort in Texas. I began to get calls and emails on Saturday afternoon, and the sad news dominated the news coverage for the rest of the weekend. There is no doubt that Justice Scalia’s death is a huge event in the legal community. I offer a few observations...

Letters of the Law

A Little Law School Rivalry

I want to say “Amen” to Bill Haltom’s “In Defense of UT-Knoxville” article in your January 2016 issue. I attended a different law school, and I must admit that, on occasion, I have been guilty of looking down my nose at the Big Orange law school. I even may have indulged in making derogatory comments to my UT partners...

History's Verdict

He was a new kind of criminal defense lawyer: daring, flamboyant, creative and ready to use forensic evidence, visual aids and reenactments like never before. He moved criminal trials into the modern age. His tactics (some said “tricks”) were shocking yet effective. He appeared for the defense in almost 100 murder cases. He lost only three, and only one...

Success!

Maureen T. Holland was awarded the Marion Griffin-Frances Loring Award for outstanding achievement in the legal profession by The Association for Women Attorneys in January. Her daughter Yvette Holland helped celebrate during the 36th annual Banquet and Silent Auction in Memphis. At the event, the group also honored two women close to...

News

Substance Abuse, Mental Health Issues Big Problem for Lawyers
A new study sheds light on the substantial levels of problem drinking and mental health issues plaguing attorneys, according to the American Bar Association. The national study, conducted by the ABA Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation was...

Passages

Longtime Shelby County attorney ROSCOE ADAMS FEILD died on Jan. 17. He was 84. Feild graduated from University of Tennessee College of Law and Southwestern at Memphis. He practiced law for 60 years following service in the United State Army, where he was stationed in Guam. University of Tennessee School of Law Memorials may be sent to...

Licensure & Discipline

DISABILITY INACTIVE

The law licenses of the following Tennessee attorneys were transferred to disability inactive status. They may not practice law while on disability inactive status, but may petition the court for reinstatement by showing by clear and convincing evidence that the disability has been removed and they are fit to resume the...

Crime & Punishment

The hearsay exception for public records could win the prize for the most underutilized evidence rule in criminal cases. Rule 803(8) is also a rule where the differences between the state and federal rule could change the outcome. In criminal cases, both the state and federal versions of the rule allow prosecutors and defense counsel to offer a variety...

But Seriously, Folks

John Jay Hooker once challenged me to a duel. Well, his actual words were, “Bill, if dueling wasn’t illegal in Tennessee, I would challenge you to a duel.”

I responded, “Well, John Jay, I am very thankful that dueling is illegal in Tennessee since if it were not, I’m confident you would kill me.”

“Yes,” replied John Jay. “And you would...