TBA Law Blog


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Posted by: Suzanne Craig Robertson on Apr 19, 2017

Here's what you can expect from Tennessee Bar Journal columnists if you haven't gotten all the way through this month's issue yet. Kathryn Reed Edges looks at what the Trump Administration will mean for bankers. Eddy R. Smith explains why Tennessee is an attractive jurisdiction for establishing and maintaining trusts, and Bill Haltom writes about the introduction of a fictional character sure to steal the hearts of law-loving kids everywhere.

Posted by: Suzanne Craig Robertson on Apr 11, 2017

The Tennessee Bar Journal usually keeps just to the facts, but this summer the publication will publish some outright lies — or what some call fiction. The winning entry of the First Annual Tennessee Bar Journal Fiction Contest will appear in the August issue. The magazine's Editorial Board announces the competition with the purpose of celebrating and encouraging lawyers' creative sides and to provide an outlet for lawyer-writers as they seek to illuminate the law and the lives of lawyers through fiction. The original work should touch on something law-related, no matter how slight. The deadline is May 31, so get to work!

Posted by: Suzanne Craig Robertson on Apr 11, 2017

The Tennessee Bar Journal usually keeps just to the facts, but this summer the publication will publish some outright lies. Also known as fiction, the winning entry of the First Annual Tennessee Bar Journal Fiction Contest will appear in the August issue. The magazine's Editorial Board announces the competition with the purpose of celebrating and encouraging lawyers' creative sides and to provide an outlet for lawyer-writers as they seek to illuminate the law and the lives of lawyers through fiction.

Posted by: Suzanne Craig Robertson on Apr 3, 2017

Violence in the workplace is a growing threat. Read in the April Journal about its many forms -- including bullying, intimidation, and of course, physical harm -- and what to do about them. Chattanooga lawyer Bob Lype details the issue. And read Nashville lawyer David Hudson's article about the “jailhouse lawyer” case that significantly changed the legal landscape in the state regarding prisoner rights and access to the courts. Also in this issue, TBA President Jason Long thanks the Young Lawyers Division on its many accomplishments. Read the entire issue online.

Posted by: Suzanne Craig Robertson on Mar 2, 2017

In the March Tennessee Bar Journal, Tim Warnock explains last year's Supreme Court decision about assessing fee applications. Commissioner Robert Hibbett and Justin Hickerson give you the scoop on a "court" you may not even know the state has: the Tennessee Claims Commission. On its 190th anniversary, Russell Fowler looks back at how Chancery Court got started in Tennessee, and Wade Davies explains using the summary rule to advance your trial theory. Humor columnist Bill Haltom recalls a dog who presided over a courtroom, and considers taking his own dogs with him to try his next case.

Posted by: Suzanne Craig Robertson on Mar 1, 2017

“A strong Judiciary is essential to a functioning democracy,” writes TBA President Jason Long in the March Tennessee Bar Journal. “Our Judiciary is only strong when it is credible and independent. Reckless criticism of the courts and over-politicizing the selection process of our judges will undermine those goals. Lawyers are the first and best guardians of our courts.” Other comments from bar leaders are featured on the American Bar Association's Judicial Independence resource page, where the legal community has responded to recent attacks on the independence of the judiciary. The new Journal is online.

Posted by: Suzanne Craig Robertson on Feb 10, 2017

The Tennessee Supreme Court’s majority opinion in The Tennessean v. Metro last year was a victory for law enforcement and a significant setback for the state’s news media, writes Daniel Horwitz in this month's Tennessee Bar Journal. How the ruling will affect crime victims’ ability to protect their private records from public disclosure after criminal proceedings have concluded is uncertain. Also in the February Journal, Monica Franklin writes about The Special Needs Trust Fairness Act of 2016, Edward G. Phillips and Brandon L. Morrow’s column discusses times when protected activities provide a legitimate, nondiscriminatory reason for termination, while Bill Haltom enumerates the reasons why your valentine should be a lawyer. Read the entire issue.

Posted by: Suzanne Craig Robertson on Feb 2, 2017

In the Roaring Twenties, a man of few words sat in the White House, who was respected by friends and enemies alike, his tenure marked by a commitment to the rule of law. The February Tennessee Bar Journal examines the legacy of this man, President Calvin Coolidge. Read the cover story, Humble Advocate for the Law: His Presidency Advanced the Rule of Law, Judicial Independence, Civil Rights. Another respected president, TBA's Jason Long, looks at the “old school values,” relationships and trust on which the practice of law is built. "As lawyers embrace technology to better serve clients," he writes in his column this month, "the need to maintain personal interaction with the greater legal community is very real. Now, more than ever, when communications are centered in cyberspace … and the ability to withdraw from the world is increasing, lawyers should strive to make true and lasting connections with one another."

Posted by: Suzanne Craig Robertson on Jan 10, 2017

Companies’ hiring of employees using work visas is a tedious business, but Nashville lawyer Dan E. White details it in the January Tennessee Bar Journal. Since the printing of the issue, the United States Citizenship and Immigration Services (USCIS) increased filing fees by an average of 21 percent. Read the article online, which now includes the specifics on the updated fees. Also in this issue, John Day writes about child sexual abuse victims, and Marlene Eskind Moses and Benjamin Russ explain the doctrine of “inconvenient forum.” Bill Haltom looks at the flip side of “absence of malice.” Read the January TBJ.

Posted by: Stacey Shrader Joslin on Jan 3, 2017

There are pro bono opportunities that fall within many practice areas, including specialties not typically associated with volunteer legal service. The January Tennessee Bar Journal looks at the varied areas of law in which attorneys can perform pro bono. This story leads off the issue, which includes an update from the Tennessee Supreme Court’s ATJ Commission, features on this year’s Public Service Award honorees, and a look back more than 800 years when Henry II crafted a novel judicial system. In addition, TBA President Jason Long thanks the many volunteers who continue to help with the aftermath of the wildfires in East Tennessee – another example of attorneys giving their time to help others.


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