COVER STORY: This Month’s Top Story

In a divorce or separation, parents should never ask their children what visitation they want. The scheduling of parenting time in the parenting plan is for adults to work through, not children. Here’s why.

FEATURED: This Month’s Articles

Advising clients to plan ahead for who will make decisions on their behalf should they become incapacitated constitutes a significant component of elder law and estate planning. However, the customary legal path of appointing a substitute decision maker, while obviously required for many clients with diminished capacity, is certainly not a necessity for all such clients.

COLUMNS: Quick Reads on Timely Topics

President's Perspective

One of the core objectives of the Tennessee Bar Association is advocacy for the profession and for our system of justice. The TBA Government Affairs Committee coordinates our advocacy efforts before the legislature, the executive branch and other governmental entities on issues of importance to our profession and on which the TBA has adopted policy.

Book Review

By Wesley M. Oliver | Vanderbilt University Press | $27.95 | 280 pages | 2018

Day on Torts

Your new client thought she could avoid hiring a lawyer and instead work out on her own a settlement with the insurance claims representative for the other driver. The dance lasted 10 months. “Wait until the end of medical treatment.” “Sign these forms.” “Send me your medical bills.” “I need your EOB forms.” “Your employer needs to confirm in writing your lost wages.” And so on.

Where There's a Will

In the recent Tennessee Supreme Court opinion issued in June 2018, Coleman v. Olson, the court dealt with the issue of an alteration of the beneficiary of a life insurance policy during the pendency of a divorce. Family law practitioners should take note of this case as it provides the clearest guidance available when dealing with a similar issue going well beyond the mere statutory language in its analysis of such situations.

But Seriously, Folks

Next to the presidency, it is the most powerful position in the United States government. And unlike the presidency, it is a position one can hold for more than eight years. In fact, once your appointment is confirmed by the United States Senate and you are sworn in, you can hold the job for the rest of your life.

The position is, of course, justice of the United States Supreme Court.

It is no doubt a dream job for many lawyers.

YOU NEED TO KNOW: News, Success, Licensure & Discipline

Lawyer Advertising

Pera Helps Lead ABA Effort to Modernize Rules on Lawyer Advertising 
The ABA House of Delegates Aug. 6 voted in favor of amending Rule 7 of ABA Model Rules of Professional Conduct, which addresses lawyer advertising, the ABA Journal reports.

Leadership Franklin has selected Stites & Harbison PLLC attorney B. Walker Entwistle to join its 2018-19 class. Participants are chosen based on their leadership skills and community involvement. Each class of 20 members receives leadership training during the eight-month program and completes a leadership project to improve the community. Entwistle is a partner based in Stites & Harbison’s Franklin office. He is a member of the firm’s Real Estate, Banking and Finance, and the Creditors’ Rights and Bankruptcy Service groups.

Disability Inactive

By order of the Tennessee Supreme Court entered July 11, the law license of Shelby County lawyer Robert C. Brooks was transferred to disability inactive status pursuant to Section 27.3 of Tennessee Supreme Court Rule 9. Brooks cannot practice law while on disability inactive status. He may return to the practice of law after reinstatement by the Tennessee Supreme Court upon showing of clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law.

TBA CLE: Upcoming Programs from the Tennessee Bar

The CLE Course Catalog tells you what programs are coming this month and beyond, as well as offering a full listing of online programs and the TBA’s convenient 1-Click packages. If you don't have your hours yet for the year, we got you: The TBA's Last Minute Blast is Dec. 17, 26, 27, 28 and 31.