October, 2016

Cover Story

“Alimony in Futuro? Shoot.” Every time we schedule a consultation for an alimony modification action, I dread it. It evokes an emotional response like my feelings for Apocalypse Now, the widely acclaimed Vietnam War movie. Sure, Apocalypse Now is arguably one of the best war movies ever made, but it’s very stressful to watch. In the...

President's Perspective

I find myself referring, more and more frequently, to the core values of being an attorney. It has become a convenient catch phrase I use to bail myself out when lawyers don’t like hearing the message that the legal industry is changing and we are going to have to change with it to continue to thrive.

Letters of the Law

Legal Malpractice Statute of Limitations Subject of Debate

Russell Fowler’s feature article in the May issue was enjoyable from a historical perspective (“For Whom Montgomery Bell Tolls … Not for Tennessee Lawyers: Judicial Finality and Legal Malpractice”). The article, however, takes an interesting turn into the supposed flaws with the statute...

Book Review

By Preston Lauterbach | W. Norton & Company | $16.95 | 352 pages | 2015

Senior Moments

Tennessee has joined other states in passing a law that allows a family member with a disability to age in place near their families while retaining their privacy and relative independence. In Tennessee, the General Assembly dubbed this option a temporary family health care structure.


The Chattanooga law firm of Gearhiser, Peters, Elliott & Cannon recently announced that Jacob L. Perry has joined the firm. Perry will practice primarily in the area of civil litigation. He previously clerked for Hamilton County Chancellors Jeffrey M. Atherton and Pamela A. Fleenor. He earned his law degree from the University of...



The Tennessee Supreme Court elected Justice Jeff Bivins to be the next chief justice of the court in August. His term began Sept. 1.


TBA Senior Counselor and retired Knoxville lawyer B. JOE GUESS, 81, died Aug. 26. Guess served in the U.S. Marine Corps before earning his undergraduate degree from Memphis State University and law degree from University of Tennessee in 1960. He was licensed in 1961 and practiced law until early 2016, most recently with Guess & Guess...

Licensure & Discipline


The Tennessee Supreme Court reinstated Linda Kaye Kendall Garner to the practice of law on Aug. 9. She had been suspended for one year on June 15, with 30 days to be served on active suspension and the remainder to be served on probation. Her probationary period began on Aug. 9.

Sarasota, Florida, lawyer...

The Law at Work

Two recent age discrimination cases from the Tennessee Court of Appeals indicate that subjective, perhaps even self-serving, opinion testimony has been sufficient to overcome the employers’ legitimate nondiscriminatory reason and establish pretext. While the appellate court’s standard of review was limited in each case, because the case had reached the...

But Seriously, Folks

I have now practiced law for 38 years. I’ve been counsel in more than 100 jury trials, ranging from who-had-the-green-light, to libel cases, to construction battles over sinking buildings, and even an antitrust case. (I’m one of the few lawyers in America who has actually tried an antitrust case. This is an offense that could actually have me kicked out...