TBA Law Blog


231 Posts found
Previous • Page 23 of 24 • Next
Posted by: Journal News on Oct 4, 2011

Get involved in October

Following on the success of last year’s “Celebrate Pro Bono Month” when nearly 300 Tennessee lawyers assisted more than 1,100 clients on topics ranging from domestic violence protection to estate planning, lawyers are again stepping up to provide legal clinics, education programs, public presentations and other events.

Activities kick off with a Franklin legal clinic on Oct. 1 and continue throughout the month at cities and towns across the state. See a complete listing of programs and learn how to volunteer at www.tba.org/celebrateprobono/cpb_events.html

Posted by: Journal News on Nov 16, 2010

Professional liability insurance added to TBA benefits

The Bar Plan Mutual Insurance Company was made an endorsed provider of professional liability insurance by the Tennessee Bar Association board following a recommendation by the TBA's LPL Subcommittee on Saturday. As a TBA member, you will have access to this benefit. Based in St. Louis, The Bar Plan currently is far and away the lawyers professional liability market leader in Missouri and is among the market leaders in Kansas, Indiana and New Mexico. Since its founding in 1986, The Bar Plan has shown a continuous commitment to the legal community. It provides a risk management hotline, offers continuing legal education seminars and supports practice management services. All of this helps it to be a strong participant in the legal community with a valuable knowledge of the industry and how to price this line of business.

Watch for more information on this plan or contact TBA Membership Director Colleen O'Connell to learn more.

Retirement planning added as TBA benefit

At its fall meeting, the Tennessee Bar Association Board of Governors voted to make the American Bar Association Retirement Funds an endorsed benefits provider for association members. Established more than 40 years ago by the American Bar Association, the ABA Retirement Funds Program was created to help law firms of all sizes develop retirement plans that incorporate the specialized features they need " easily and cost effectively " while providing high quality products and services. The program's full service solutions include plan design, plan administration, investment flexibility, independent on-line investment advice and services for participants. Watch for more information on this program.

Student 'access to justice' essay contest announced

After 40 years, the Roscoe Hogan Environmental Law Essay Contest has changed to the Hogan/Smoger Access to Justice Essay Contest. The new competition will focus on whether and how the courts can be used to obtain justice. The contest awards a $5,000 cash prize. The 2011 topic is "The Gulf Oil Spill: Who Are The Victims & How Do They Get Compensated?" Any student currently enrolled in an accredited American law school may submit an entry. A declaration of intent to enter the contest is due by Jan. 31, while the contest deadline is March 31, 2011. Get more information at http://www.publicjustice.net/What-We-Do/Awards/Law-School-Essay-Contest.aspx

1,159 people helped during 'Celebrate Pro Bono' month

A record number of people received free legal assistance during recent Celebrate Pro Bono Month events across Tennessee. More than 450 volunteers " including 291 lawyers and 161 non-lawyers (such as paralegals, law students, social workers and interpreters) " gave their time to help meet the legal needs of 1,159 Tennesseans during October. Last year, 217 lawyers and 66 non-lawyers provided assistance to 416 people in the statewide campaign coordinated by the Tennessee Bar Association. In addition, three free CLE programs provided training to 115 lawyers who have agreed to provide pro bono service either through a clinic or by taking on pro bono cases. See photos from the events on TBAConnect.
http://www.tbaconnect.org/photo/album/show?id=3254696%3AAlbum%3A7046&xg_source=activity

Learn more about Celebrate Pro Bono and the groups that participated
http://www.tba.org/celebrateprobono/index.html

Though the National Association for Law Placement reports that employment for the class of 2009 was 88.3 percent, according to an article on Slate.com, "about a quarter of those jobs were temporary gigs, without the salaries needed by most new lawyers to pay off crushing debts. Another 10 percent were part-time. And thousands of jobs were actually fellowships or grants provided by the new lawyers' law schools." Some law students and recent grads blame the number of new law schools for over-filling the market. And of those who chose law school as a strategy to wait out the recession, some are now arguing that they should get their money back. In fact, one recent grad named his law school in his bankruptcy filing. He asks the school to "[a]dmit that your business knew or should have known that plaintiff would be in no position to repay those loans."

Slate.com explores the issue
At http://www.slate.com/id/2272621/

Firm sets up loan repayment help for public service work

Baker, Donelson, Bearman, Caldwell & Berkowitz PC has committed $208,000 to a new program aimed at helping legal graduates pursuing public service careers. The firm has established a loan repayment assistance program at the University of Tennessee College of Law for law students or alumni pursuing legal careers in the public service sector. The fund for the program was established through individual contributions from Baker Donelson attorneys that were then matched by the firm. Loans will be paid for one or two such students or alumni who are "about to be employed or are already employed in an area of public interest law, such as public defender, district attorney, legal aid organizations, government agencies and nonprofit organizations." The Memphis Business Journal has more http://www.bizjournals.com/memphis/news/2010/11/01/baker-donelson-commits-208000.html

New lawyers admitted Nov. 2 in Nashville

The Tennessee Supreme Court today welcomed about 200 new attorneys to the practice of law during admission ceremonies in Nashville. Most of those new admittees and their families also were guests of the Tennessee Bar Association at an open house and luncheon. Admissions ceremonies continue tomorrow in Jackson and Thursday in Memphis. The court welcomed new attorneys in Knoxville on Monday.

Look at photos from the ceremony and luncheon on TBA Connect
http://www.tbaconnect.org/photo/album/show?id=3254696%3AAlbum%3A7162&xg_source=activity

Nov 3 New Leadership Law class announced

The Tennessee Bar Association today announced the members of the 2011 Leadership Law class. The class of 34, selected from attorneys across the state, will meet for its first session in early January. Leadership Law is designed to equip Tennessee lawyers with the vision, knowledge and skills necessary to serve as leaders in their profession and local communities.

See the list of class members
http://www.tba.org/LeadershipLaw/class_2011.html

Tennessee joins coalition supporting immigration law

A coalition of 13 states, including Tennessee, is asking the U.S. Supreme Court to uphold an Arizona law penalizing employers of illegal immigrants. The court is scheduled to hear arguments in December on the 2007 law that allows business licenses to be suspended or revoked when employers knowingly hiring illegal immigrants. The Missouri attorney general's office is leading the coalition, which argues that states long have had the authority to license and regulate businesses. The Tennessean reports
http://www.tennessean.com/article/20101104/NEWS03/101104016/2066

New resource for pro bono immigration cases

The American Immigration Lawyers Association (AILA) announced that it has expanded its Immigration Advocates Network (IAN) to allow individual pro bono attorneys representing low-income immigrants to access resources, information and forums previously available only to IAN members. The newly created Pro Bono Resource Center also provides a new venue for AILA experts to share their insights and advice with less experienced practitioners who want to get involved in pro bono immigration work. Download the association's news release or visit the online pro bono center to learn more.
http://www.immigrationadvocates.org/probono/

Historic' decline in law firm diversity points to recession The National Association for Law Placement (NALP) released its latest diversity statistics on Thursday, concluding that the percentage of both minority and women attorneys declined slightly at firms during 2010. The NALP data didn't say why the overall representation of women and minorities went down, but NALP Executive Director James Leipold said "it is likely that the recession, and the many lawyer layoffs that accompanied it, can be identified as at least one significant reason for this historic decrease." Law.com has more
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202474435391&slreturn=1&hbxlogin=1

Ceremony welcomes Judge Stranch to court

The Hon. Jane Branstetter Stranch formally joined the U.S. Sixth Circuit Court of Appeals during investiture ceremonies Nov. 8 in Nashville. The Hon. Martha Craig Daughtrey administered the oath to Judge Stranch, who had her husband, Nashville attorney James G. Stranch III, at her side. U.S. Rep. Jim Cooper offered remarks and Nashville Bar Association President Jonathan Cole made a presentation on behalf of the bar as part of the event.

Photos are available to TBA members on TBAConnect
http://www.tbaconnect.org/photo/album/show?id=3254696%3AAlbum%3A7269&xg_source=activity

Clerkship study shows changing demographics NALP, the association for legal career professionals, recently released data on judicial clerkships, finding that over the past 10 years the number of positions has decreased significantly and there has been a shift in the demographics of those securing slots. Most notably, female law graduates now hold more clerkships overall (51 percent), while men continue to dominate at the federal level (54.3 percent). The other major finding is the disproportionality of minorities holding clerkships. While minorities made up 22 percent of the 2009 graduating class, they obtained only 16 percent of clerkships overall and only 13 percent at the federal level.
http://www.nalp.org/nov2010_demog_clerkships?s=clerkships%202009

Posted by: Journal News on Oct 27, 2010

Luminary Award of Excellence

The Tennessee Bar Journal, the monthly magazine of the Tennessee Bar Association, was recognized in October with a Luminary Award of Excellence by the National Association of Bar Executives' Communications Section at its annual workshop. The magazine was judged best in its category for regular publications among medium-sized bars with more than 5,000 but less than 15,000 members.

TBA staff members who work on the Journal are Suzanne Craig Robertson, Landry Butler, Barry Kolar, Stacey Shrader and Sharon Ballinger. Serving on the Journal's editorial board are Nashville attorney Andree Sophia Blumstein, Knoxville attorney Wade V. Davies, Nashville attorney Paul A. Gontarek, Memphis attorney Suzanne Landers, Kingsport attorney Laura A. Steel, Jackson attorney Jonathan O. Steen, Nashville attorney Mattielyn Williams and Member Emeritus Donald F. Paine of Knoxville.

The Luminary Awards, sponsored by Thomson Reuters, recognize the outstanding work among bar communications professionals nationwide.  

Belmont Breaks Ground on Baskin Center for Law School

In October, Belmont University celebrated the official groundbreaking for the Randall and Sadie Baskin Center, a 71,000 square foot facility that will serve as the home for the school's new College of Law. The building is slated to open in fall 2012, although the law school will begin classes in fall 2011. When at full capacity, the school will enroll about 360 students.

The Baskins are providing a $7 million leadership gift for the new building, which will contain more than a dozen classrooms, a 21st-century trial courtroom, an appellate courtroom, a two-story law library, and more than 20 faculty offices. It will sit atop a five-level underground parking garage accommodating more than 500 parking spaces. Total cost for the project is estimated at $32 million once the building is completely outfitted.
Learn more about it at tba.org/journal_links.

Briefs

Court extends comment period, amends CLE rule
The Tennessee Supreme Court has extended until Dec. 31 the comment period for a proposed mentoring program that would provide continuing legal education credit for participants. The court also issued an order deleting Section 8.03 of Rule 21 and replaces it in its entirety. The revised rule now requires attorneys who attend out-of-state CLE programs, or other programs for which the sponsor does not report and pay the per-hour fee, to pay the fee at the time the hours are reported " rather than at the end of the year as had been the case. Access the details at www.tncourts.gov.

For women, pay doesn't follow production, study says
Women partners in law firms are no less productive than their male counterparts when it comes to generating revenue per lawyer, but the women partners are paid less, a new study shows. According to the study, conducted by professors at Temple University Beasley School of Law and the University of Texas, the average gross revenue of firms with the highest percentages of women lawyers was about $20 million higher than firms with the lowest percentage of women lawyers. But the revenue per lawyer at these firms dropped by about $120,000 per lawyer. "We found that the average compensation for lawyers at a firm goes down as the proportion of women at a firm rises, indicating that women in all positions at a firm are paid less than their male counterparts," a study author said in a press release. ABAJournal.com connects you to the study at tba.org/journal_links.

Poverty rate surge means more qualify for civil legal help
The poverty rate surged to 14.3 percent last year, the highest since 1994, the Census Bureau said in September. Now nearly 57 million Americans qualify for civil legal assistance from the Legal Services Corporation (LSC). That increase of 3 million people from 2008, the LSC said in a news release, makes it the highest number of people eligible for legal aid in our country in the LSC's 35-year history. Of the 57 million, 19.6 million are children.

John G. Levi, LSC board chair, says the entity will urge Congress to increase federal funding for legal services and "encourage the nation's legal community to increase its volunteer pro bono work at LSC programs " we will work even harder with our partners in the judicial system to better meet the civil legal needs of the poor."

App provides jargon guide
The Los Angeles-based law firm of Latham & Watkins has developed a free smart phone application to help lawyers navigate slang used by financial professionals and government regulators in the banking and capital finance arenas. The U.S. Book of Jargon defines more than 750 Wall Street terms, slang phrases and other legal phrases. The product is available as a free download from the iTunes App Store. Learn more through tba.org/journal_links.

Legal aid lawyers still among lowest paid in profession
According to new statistics from the National Association for Law Placement (NALP), civil legal aid lawyers are still the lowest paid members of the entire legal profession, earning less than public defenders and many other public interest lawyers. The statistics come from NALP's 2010 Public Sector and Public Interest Salary Report. The organization also released a report on the salaries of private sector lawyers. Learn more about its findings through tba.org/journal_links.

Lawyer web site ethics
A new ethics opinion issued by an American Bar Association committee provides guidance to help lawyers avoid potential pitfalls and protect the public when using a web site for marketing. Connect to Formal Ethics Opinion 10-457, the model rules and more from tba.org/journal_links.  

Lawyers give back in celebration of Pro Bono Month

More than 40 lawyers "including Memphis Mayor A C Wharton and Tennessee Supreme Court Justice Janice Holder " assisted 117 clients at a Legal Advice Clinic in Memphis Oct. 9. The event was part of Celebrate Pro Bono Month and was put on by Memphis Area Legal Services, along with the Memphis Access to Justice Committee and the Memphis Bar Association YLD.

Legal clinics, public education seminars, "Wills for Heroes" events, pro bono recognitions and free CLEs for lawyers wanting to know how to help, are among the more than 30 events planned across the state in October.

For a complete round-up of Celebrate Pro Bono Month, visit tba.org/celebrateprobono/

Posted by: Barry Kolar on Sep 24, 2010

Volunteers taking part in this year's Celebrate Pro Bono activities are being encouraged to wear a "Volunteer for Justice" t-shirt that will be provided free of charge by the TBA to provide a consistent theme for the day. If you or your group would like to take part in this effort, contact TBA Access to Justice Coordinator Sarah Hayman at shayman@tnbar.org or (615) 383-7421. For more information about the national Celebrate Pro Bono campaign, visit the ABA web site at www.probono.net/celebrateprobono

Posted by: Journal News on Sep 24, 2010

Tennessee lawyers this month are again joining their colleagues from across the country to provide free legal services to those in need and celebrate the good work performed by lawyers every day.

Following on the success of last year's Celebrate Pro Bono Month when more than 200 Tennessee lawyers assisted more than 400 clients on topics ranging from domestic violence protection to estate planning, lawyers are again stepping up to provide legal clinics, education programs, public presentations and other events.   Activities kick off with a Nashville legal clinic on Oct. 2 and continue throughout the month at cities and towns across the state. You can find a complete listing of programs and learn how to volunteer at www.tba.org/celebrateprobono/cpb_events.html

Celebrate Pro Bono Month is part of a national campaign launched last year by the American Bar Association. In Tennessee, Gov. Phil Bredesen has again recognized the good works of Tennessee attorneys in meeting the tremendous need for legal services in a proclamation declaring October as Celebrate Pro Bono Month in Tennessee. In this document, the governor commended Tennessee lawyers for providing more than $45 million worth of pro bono or free legal assistance last year, and noted that more than 500 victims of the devastating May floods were assisted with their disaster-related legal needs by volunteer Tennessee attorneys.

Of course, the need for legal assistance to the poor is not limited to problems following a natural disaster. Studies show that more than one million Tennesseans are unable to afford the legal services they need. "Despite funding for legal assistance provided by the Legal Services Corporation, the state of Tennessee, and private fundraising efforts," the governor wrote, "four out of five requests to legal aid are turned down due to lack of resources."

Tennessee lawyers can continue to help meet this need by volunteering to take part in Celebrate Pro Bono Month activities or by signing up with pro bono organizations across the state.

Posted by: Journal News on May 25, 2010

Mid-state Under Water; Lawyers Galvanize to Help

The 'volunteer spirit' was never more evident than in West and Middle Tennessee in the days and weeks following the May 1-2 storms that dumped flood-level water on the state. The Tennessee Bar Association, the Tennessee Alliance for Legal Services (TALS), and many other organizations quickly became a clearinghouse for services, legal and otherwise, for attorneys needing help and information. In fact, TALS was flooded out of their offices and set up shop in the Tennessee Bar Center with the TBA for a while.

Lawyers volunteered at many disaster service centers, even as fellow lawyers were flooded out of their offices and closing their doors for days. A toll-free legal assistance line was established [(888) 395-9297] that allowed callers to be matched with Tennessee lawyers who had volunteered to provide free legal help.

A disaster services manual was also put up on the TBA Web site for lawyers to use in helping clients, and a free webcast, "Providing Pro Bono Legal Services After a Disaster," was aired less than two weeks after the flood. A second webcast followed: "FEMA: Facts, Forms and Follow-up." Both courses are now available for free viewing, with CLE credit, for the next year.

Take a look at the resources, which are still in use, at www.tba.org/volunteer.


Tweed Award goes to TBA for increasing legal services to poor
The Tennessee Bar Association will be honored with a major national award for helping bring legal services to the poor. The TBA will be the 2010 recipient of the Harrison Tweed Award, which is given jointly by the American Bar Association and the National Legal Aid and Defenders Association to honor "extraordinary achievements" in increasing access to civil legal services for the poor. The award will be presented at the ABA Annual Meeting in August. In selecting the TBA for the award, the judges cited Tennessee's 4ALL Campaign, http://www.tba.org/4all/ which included the 4/4 Pro Bono Public Service Day, as well as legal clinics and events held during October 2009's Celebrate Pro Bono Month. The work was launched under the leadership of TBA Immediate Past President Buck Lewis and was continued under the guidance of current TBA President Gail Vaughn Ashworth. To learn more about the award and the programs that won it at http://www.tba.org/cpb_2009/Lawyers stepping up to offer help

Court seeks comments on proposed fee hike
The Tennessee Supreme Court has solicited comments on a proposed rules amendment that would increase the hourly rate paid appointed counsel of indigent defendants. The Supreme Court order seeks comment on a petition to amend the Court's Rule 13 that was filed by the Tennessee Association of Criminal Defense Lawyers (TACDL). The deadline for submitting written comments is Dec. 31, 2010. Download the order and the Petition for Amendment at www.tba2.org/feepetition_050510.pdf

Honors awarded in environmental law writing competition
Nicholas C. Christiansen, a second-year student at The University of Memphis Cecil C. Humphreys School of Law, was awarded first place in the Tennessee Bar Association Environmental Law Section's 2010 Jon E. Hastings Memorial Award Writing Competition. His winning article, which will net him $800, is "Environmental Justice: Finding a Private Right of Action." Eliot D. Kerner, a third-year law student at the University of Tennessee College of Law, won second place and $400 for his article, "'Cooking' Up a Solution: Remediating Methamphetamine's Environmental Hazards in Tennessee."

'StopFraud.gov' new service
The new Financial Fraud Enforcement Task has launched StopFraud.gov, a one-stop shop for the American people to learn how to protect themselves from fraud and to report it wherever and however it occurs. It will also serve as a hub of information about the task force's work. Go to http://www.stopfraud.gov/

Judicial candidates sign campaign code of conduct
Most of the Tennessee judicial candidates standing for election this year have signed a campaign code aimed at preserving public faith in the integrity of the justice system. The Tennessee Bar Association also is making available judicial evaluation information about appellate court candidates and providing a guide to factors that voters should consider before casting a ballot in a retention election.

See the Tennessee Fair Judicial Campaign Code of Conduct and a list of candidates who have signed it at http://www.tba.org/judicialcampaign/

TBA recognized for advocacy on behalf of profession
In April, the American Bar Association recognized the Tennessee Bar Association for its effectiveness in lobbying Congress on behalf of issues of concern to the justice system. In presenting the ABA Day Grassroots Award, the national association specifically referenced TBA's work educating its congressional delegation on the need to improve and modernize funding for the Legal Services Corporation. The award was given in conjunction with ABA Day, a series of events in Washington, D.C. designed to bring together lawyers and lawmakers. TBA President Gail Vaughn Ashworth and Executive Director Allan F. Ramsaur accepted the award. See a picture and learn more http://www.abanow.org/2010/04/illinois-tennessee-bars-nationally-recognized-by-aba/

Vandy law students launch job, salary web site
Saying that law schools hide employment data in aggregate form, two Vanderbilt law students have created a web site where they plan to publish details about job and salary history for all ABA-accredited law schools. Patrick Lynch and Kyle McEntee want to use the Law School Transparency site to publicize where law school graduates end up working each year and how much value they receive from their degree.

Read more about the effort from the ABA Journal. http://www.abajournal.com/news/article/law_students_plan_website_to_publish_better_law_school_employment_stats

Visit the site http://www.lawschooltransparency.com/

Dig this: TBA volunteers plant 100+ trees
Tennessee Bar Association volunteers planted more than 100 trees in Chattanooga in celebration of Earth Day and Arbor Day in April. The trees " donated by the Tennessee Valley Authority " were planted at the Clifton Hills Elementary School. Additional plantings took place in Knoxville, Memphis and Nashville. Taking part in the Chattanooga planting project were: TBA President Gail Vaughn Ashworth, TBA President-elect Sam Elliott, TBA Environmental Law Section Chair David Higney, Chattanooga attorneys John Grant, Alicia Oliver, Yousef Hamaden, Jason Isaacson, Katie Giannasi, Chris Varner and Bobby Dan and TBA staffers Angie Bianchi and Britt Simonson.

See photos from the event on TBAConnect http://www.tbaconnect.org/

Some nonprofits' tax breaks to end May 15
At midnight on May 15, an estimated one-fifth to one-quarter of some 1.6 million charities, trade associations and membership groups lost their tax exemptions, thanks to a provision buried in the Pension Protection Act of 2006. An Internal Revenue Service spokeswoman said that while groups would lose their exemptions effective May 16, the IRS would probably not send out notices until next January, to give nonprofits a chance to bring themselves into compliance with the law. Learn more from The New York Times http://www.nytimes.com/2010/04/23/us/23exempt.html?scp=10&sq=non-profit&st=cse

Teens visit legislators to promote Youth Courts
Twenty-five Wilson County high school students who participate in the state Youth Court Program came to Nashville this spring for the fourth annual Youth Court Day on the Hill. The teens started the day at the Tennessee Bar Center with a training session and a presentation by Assistant Attorney General Gregory Nies. From there they visited the state capitol to meet with legislators. Read more about this year's Youth Court Day on the Hill http://www.tba.org/pressroom/releases_2010/youthcourtdayonhill.html

New database gives stats on trial judges
The Tennessee court system has a database of trial judge statistics on its Web site. While the courts have long shared filing and disposition data by judicial district, this is the first time the court system has published statistical information by individual judges. This statistical database allows Web site visitors to see the number of cases disposed or appealed by individual judge or by judicial district during the 2008-09 fiscal year. The database provides the docket numbers for the cases that have been appealed, and also offers a link to the site's searchable opinion database, allowing visitors to easily see the appellate court opinions that have been filed for those cases. Access the Trial Judge Case Statistics database at http://www.tncourts.gov/JudgeStats/

'Capital Case Handbook' revised, given to state's PDs University of Tennessee law professor Penny White authored the book, Tennessee Capital Case Handbook, a revision of a 1992 edition, and several members of the law school community were involved in its publication. The handbook is an 800-page, 24-chapter guide for capital defense lawyers and will be provided to every public defender in Tennessee. Read more about it at http://www.law.utk.edu/publications/5-4-10.shtml

How to best choose judges examined on O'Connor site
A new Web site devoted to information and news about the escalating national debate over the best way to select judges is available from an initiative spearheaded by retired Justice Sandra Day O'Connor. Called the O'Connor Judicial Selection Initiative, it seeks to boost state-level efforts to end the practice of electing judges. Check out the web site here
http://www.du.edu/legalinstitute/judicial_selection.html?utm_source=BenchmarkEmail&utm_campaign=Judicial%20Selection%20Site%20Launch&utm_medium=email

Attorneys may pay professional tax online
With the June 1 professional privilege tax-filing deadline approaching, the Department of Revenue is reminding professional groups about the convenience of filing online. With the department's e-filing application, professional privilege taxes can be filed in minutes, and a new feature allows companies to file returns on behalf of multiple employees and make a single payment. Payments can be made via credit card or EFT transactions through checking accounts at the department's web site, http://www.tn.gov/revenue/

Posted by: Journal News on May 24, 2010

The Flood and How We Responded

The 'volunteer spirit' was never more evident than in West and Middle Tennessee in the days and weeks following the May 1-2 storms that dumped flood-level water on the state. The Tennessee Bar Association, the Tennessee Alliance for Legal Services (TALS), and many other organizations quickly became a clearinghouse for services, legal and otherwise, for attorneys needing help and information. In fact, TALS was flooded out of their offices and set up shop in the Tennessee Bar Center with the TBA for a while.

Lawyers volunteered at many disaster service centers, even as fellow lawyers were flooded out of their offices and closing their doors for days. A toll-free legal assistance line was established [(888) 395-9297] that allowed callers to be matched with Tennessee lawyers who had volunteered to provide free legal help.

A disaster services manual was also put up on the TBA Web site for lawyers to use in helping clients, and a free webcast, "Providing Pro Bono Legal Services After a Disaster," was aired less than two weeks after the flood. A second webcast followed: "FEMA: Facts, Forms and Follow-up." Both courses are now available for free viewing, with CLE credit, for the next year.

Take a look at the resources, which are still in use, at www.tba.org/volunteer.

Briefs

Tweed Award goes to TBA for increasing legal services to poor
The Tennessee Bar Association will be honored with a major national award for helping bring legal services to the poor as the 2010 recipient of the Harrison Tweed Award. The award is given jointly by the American Bar Association and the National Legal Aid and Defenders Association to honor "extraordinary achievements" in increasing access to civil legal services for the poor. The award will be presented at the ABA Annual Meeting in August. In selecting the TBA for the award, the judges cited Tennessee's 4ALL Campaign, which included the 4/4 Pro Bono Public Service Day, as well as legal clinics and events held during October 2009's Celebrate Pro Bono Month. The work was launched under the leadership of TBA Immediate Past President Buck Lewis and was continued under the guidance of current TBA President Gail Vaughn Ashworth.

To learn more about the award and the TBA programs that won it, visit www.tba.org/journal_links.

Court seeks comments on proposed fee hike
The Tennessee Supreme Court has solicited comments on a proposed rules amendment that would increase the hourly rate paid appointed counsel of indigent defendants. The Supreme Court order seeks comment on a petition to amend the Court's Rule 13 that was filed by the Tennessee Association of Criminal Defense Lawyers (TACDL). The deadline for submitting written comments is Dec. 31, 2010.

Download the order and the petition for amendment through www.tba.org/journal_links.

Judicial candidates sign Code of Conduct
Most of the Tennessee judicial candidates standing for election this year have signed a campaign code aimed at preserving public faith in the integrity of the justice system. The Tennessee Bar Association also is making available judicial evaluation information about appellate court candidates and providing a guide to factors that voters should consider before casting a ballot in a retention election.

See the Tennessee Fair Judicial Campaign Code of Conduct and a list of candidates who have signed it at
www.tba.org/judicialcampaign.

'StopFraud.gov' new service
The new Financial Fraud Enforcement Task has launched StopFraud.gov, a one-stop shop for the American people to learn how to protect themselves from fraud and to report it wherever and however it occurs. It will also serve as a hub of information about the task force's work.

Go to www.stopfraud.gov.

TBA recognized for advocacy on behalf of profession
In April, the American Bar Association recognized the Tennessee Bar Association for its effectiveness in lobbying Congress on behalf of issues of concern to the justice system. In presenting the ABA Day Grassroots Award, the national association specifically referenced TBA's work educating its congressional delegation on the need to improve and modernize funding for the Legal Services Corporation. The award was given in conjunction with ABA Day, a series of events in Washington, D.C., designed to bring together lawyers and lawmakers. TBA President Gail Vaughn Ashworth and Executive Director Allan F. Ramsaur accepted the award.

See a picture and learn more through www.tba.org/journal_links.

New database gives stats on trial judges
The Tennessee court system has a database of trial judge statistics on its Web site. While the courts have long shared filing and disposition data by judicial district, this is the first time the court system has published statistical information by individual judges. This statistical database allows Web site visitors to see the number of cases disposed or appealed by individual judge or by judicial district during the 2008-09 fiscal year. The database provides the docket numbers for the cases that have been appealed and also offers a link to the site's searchable opinion database, allowing visitors to see easily the appellate court opinions that have been filed for those cases.

Access the Trial Judge Case Statistics database at www.tncourts.gov/JudgeStats.

Volunteers plant 100+ trees
Tennessee Bar Association volunteers planted more than 100 trees in Chattanooga in celebration of Earth Day and Arbor Day in April. The trees " donated by the Tennessee Valley Authority " were planted at the Clifton Hills Elementary School. Additional plantings took place in Knoxville, Memphis and Nashville. Taking part in the Chattanooga planting project were TBA President Gail Vaughn Ashworth, TBA President-elect Sam Elliott, TBA Environmental Law Section Chair David Higney, Chattanooga attorneys John Grant, Alicia Oliver, Yousef Hamaden, Jason Isaacson, Katie Giannasi, Chris Varner and Bobby Dan, and TBA staffers Angie Bianchi and Britt Simonson.

See photos from the event on TBAConnect at www.tbaconnect.org.

Honors awarded in environmental law writing competition
Nicholas C. Christiansen, a second-year student at The University of Memphis Cecil C. Humphreys School of Law, was awarded first place and $800 in the Tennessee Bar Association Environmental Law Section's 2010 Jon E. Hastings Memorial Award Writing Competition. Eliot D. Kerner, a third-year law student at the University of Tennessee College of Law, won second place and $400 for his article.

 

Posted by: Journal News on Nov 24, 2009

Court adopts MJP rules package
A comprehensive set of rules dealing with multijurisdictional practice (MJP) was adopted by the Tennessee Supreme Court in October. The rules set up a new regulatory framework for in-house counsel and other lawyers who may work in Tennessee without being admitted. Effective Jan. 1, 2010, in-house corporate counsel are required to register, submit to the disciplinary jurisdiction of the court and pay all of the same fees as regularly licensed lawyers. Lawyers who have registered under the new rules can only practice for their corporate client and may not appear in court or hold themselves out as licensed attorneys. In addition, the package sets up a framework for lawyers who might have some temporary presence in a state making them subject to discipline and setting out parameters for their practice.

The court also adopted new Tennessee Supreme Court Rule 47, the so-called "Katrina Rule," which establishes a framework for lawyers from other jurisdictions to temporally practice and do pro bono in Tennessee if the court declares a major disaster.

In adopting these rules, the court said that the TBA had "taken a leadership role" and has rendered "invaluable service" to the court, Tennessee's judicial system and to the public. http://www.tba2.org/tbatoday/2009/TBAtoday10-26-2009.htm

Learn more in an online video CLE; connect to it at https://www.tnbaru.com/CLE/catalog_course_details.php?course=6107

IOLTA
Mandatory IOLTA to begin Jan. 1

In October, Tennessee lawyers began receiving letters from the Tennessee Bar Foundation explaining changes to the Interest On Lawyers' Trust Accounts (IOLTA) program, which require all idle client and third-party funds to be deposited in interest-bearing accounts by Jan. 1, 2010. For more information, download frequently asked questions and the form you will need to take to your financial institution to enroll your account in the IOLTA program, at www.tnbarfoundation.org. Connect to a web cast explaining the changes " and available free to TBA members at https://www.tnbaru.com/CLE/catalog_course_details.php?course=6155/

National and Tennessee Pro Bono Celebration Exceed Expectations
The first American Bar Association National Pro Bono Celebration week received recognition from the White House. The ABA reports that there were nearly 600 events across the country during Pro Bono Celebration week, Oct. 25-31, with activities in nearly every state. In Tennessee, volunteers from the TBA and its Young Lawyers Division, local bar groups, and legal aid organizations hosted almost 20 legal clinics, with more than 200 lawyers assisting more than 400 clients on topics ranging from domestic violence protection to estate planning. Another 200 lawyers participated in live and web cast CLE programs, learning about new IOLTA rules as well as practical skills of assisting clients in need of pro bono legal help. See photos from Tennessee's Celebrate Pro Bono Month activities at www.tba.org/cpb_2009/photos.html

Voluntary Pro Bono Reporting Rule Adopted
On Nov. 2, the Tennessee Supreme Court adopted a new rule requesting lawyers to report their time spent on various categories of pro bono service during the year. The report will be made part of the annual registration process administered by the Board of Professional Responsibility. Eight states require pro bono reporting. Those states say that such efforts have been successful in enhancing the reputation of lawyers by developing data on the contribution lawyers make to their communities. Download the amendment to Rule 9, Section 20.11 at www.tncourts.gov/Rule%209%20Amendment%20Order.pdf

Legal Aid receives grant
The Legal Aid Society of Middle Tennessee and the Cumberlands will receive $149,500 from the Community Enhancement Fund, which is administered by the Metropolitan Government of Nashville and Davidson County. The funds will be used to provide free legal services to low-income victims of domestic violence. The fund-raising campaign comes at a time when the organization is reporting an 83-percent increase in requests for assistance over last year.

Posted by: Journal News on Nov 23, 2009
TBA Bylaws Amendment
The TBA Board has recently examined the bar election process with an eye toward streamlining. As a result, the TBA Board will consider the following Bylaws amendment at its Jan. 16, 2010, meeting. The amendments shorten the process by a month by compressing the time in which ballots are mailed and returned. The times for electronic voting will also be adjusted. Electronic voting has grown to 45 percent of the votes cast. The amendment will be considered under TBA Bylaws, Section 59 (1), which reads:
  By an affirmative vote of two-thirds (2/3) of the entire Board of Governors occurring at least twenty-one (21) days after notice has been given to the membership as to the facts and contents of the proposed amendments.
 
A red-line of the amended sections is below:
 
Elections of Officers, Governors  and American Bar Association  Delegates
40. Notice of Election. A notice indicating the officers, governors and delegates to be elected under these Bylaws shall be contained in general membership publication to be disseminated to the membership at least sixty (60) days prior to February 15 of each year. The Board of Governors may also direct that a separate notice of election be disseminated to the membership, said notice to be received not less than 30 days prior to February 15.
 
41. Nominations. Nominations for Officers (other than the Secretary and Treasurer and those who automatically succeed to an office) TBA delegate to the ABA House of Delegates and Governors shall be by petition signed by 25 or more members of the Association. Nominating petitions shall be filed with the Executive Director by February 15 preceding the election. Nominations for Delegates to the TBA House of Delegates shall be by a declaration of candidacy filed with the Executive Director by February 15 preceding the election.   In addition to the signed petition or declaration of candidacy, each candidate shall on or before the February 15 deadline submit a photograph and brief biographical sketch in a form specified by the Board of Governors.
 
42. Ballots. Whenever a contest for a position of Officer, Governor or Delegate exists, the Executive Director shall cause ballots to be printed substantially in the form required by the ballot law of the State. Each ballot shall list the candidates alphabetically under each office. Whenever there is no contest for an office for which a candidate qualifies, the Board of Governors (in the case of officers, governors, or TBA delegate to the ABA House of Delegates) and the House of Delegates (in the case of delegate to the TBA House of Delegates) shall have the authority to declare that any duly qualified candidate who is unopposed shall be automatically elected and a report of the election disseminated to the membership.
(b) The Board of Governors may by resolution establish an optional method for members to cast their vote by a secure electronic method.
 
43. Distribution of Ballots for Voting.   By March 15, the Executive Director shall mail to every member of the Association eligible to vote in an Officer, Governor or Delegate election an appropriate ballot or ballots.   A signature card, a ballot envelope and a return envelope shall be included with the ballot.   The return mail envelopes with the ballots shall bear thereon the address of the accountant or accounting firm tabulating the results of the election.  
 
44. Return and Counting of Ballots. Not later than the mailing of the ballot, the Board of Governors or its Executive Committee shall select a certified public accountant or a certified public accounting firm to tally the ballots. Ballots must be returned to the designated accountant or accounting firm. The accounting firm shall be provided by the Executive Director a list of the active members eligible to vote in the Association. The accounting firm shall, at the close of business on the 1st of April, or, if that day be on a Saturday or Sunday, on the following Monday, count the ballots.
  
Court adopts MJP rules package
A comprehensive set of rules dealing with multijurisdictional practice (MJP) was adopted by the Tennessee Supreme Court in October. The rules set up a new regulatory framework for in-house counsel and other lawyers who may work in Tennessee without being admitted.
  
Effective Jan. 1, 2010, in-house corporate counsel are required to register, submit to the disciplinary jurisdiction of the court and pay all of the same fees as regularly licensed lawyers. Lawyers who have registered under the new rules can only practice for their corporate client and may not appear in court or hold themselves out as licensed attorneys. In addition, the package sets up a framework for lawyers who might have some temporary presence in a state making them subject to discipline and setting out parameters for their practice.
  
The court also adopted new Tennessee Supreme Court Rule 47, the so-called "Katrina Rule," which establishes a framework for lawyers from other jurisdictions to temporally practice and do pro bono in Tennessee if the court declares a major disaster.
  
In adopting these rules, the court said that the TBA had "taken a leadership role" and has rendered "invaluable service" to the court, Tennessee's judicial system and to the public. Learn more in an online video CLE; connect to it atwww.tba.org/journal_links.

Mandatory IOLTA to begin Jan. 1

In October, Tennessee lawyers began receiving letters from the Tennessee Bar Foundation explaining changes to the Interest On Lawyers' Trust Accounts (IOLTA) program, which require all idle client and third-party funds to be deposited in interest-bearing accounts by Jan. 1, 2010. For more information, download frequently asked questions and the form you will need to take to your financial institution to enroll your account in the IOLTA program, at  www.tnbarfoundation.org. Connect to a web cast explaining the changes " available free to TBA members " through  www.tba.org/journal_links.

National and Tennessee Pro Bono Celebrations Exceed Expectations

The first American Bar Association National Pro Bono Celebration week received recognition from the White House. The ABA reports that there were nearly 600 events across the country during Oct. 25-31, with activities in nearly every state. In Tennessee, volunteers from the TBA and its Young Lawyers Division, local bar groups, and legal aid organizations hosted almost 20 legal clinics, with more than 200 lawyers assisting more than 400 clients on topics ranging from domestic violence protection to estate planning. Another 200 lawyers participated in live and web cast CLE programs, learning about new IOLTA rules as well as practical skills of assisting clients in need of pro bono legal help.  
See photos from Tennessee's Celebrate Pro Bono Month activities at  www.tba.org/cpb_2009/photos.html

Voluntary Pro Bono Reporting  Rule Adopted

On Nov. 2, the Tennessee Supreme Court adopted a new rule requesting lawyers to report their time spent on various categories of pro bono service during the year. The report will be made part of the annual registration process administered by the Board of Professional Responsibility. Eight states require pro bono reporting. Those states say that such efforts have been successful in enhancing the reputation of lawyers by developing data on the contribution lawyers make to their communities. Download the amendment to Rule 9, Section 20.11 at  www.tba.org/journal_links

Legal Aid Receives Grant

The Legal Aid Society of Middle Tennessee and the Cumberlands will receive $149,500 from the Community Enhancement Fund, which is administered by the Metropolitan Government of Nashville and Davidson County. The funds will be used to provide free legal services to low-income victims of domestic violence.  
 
Available for State Enactment
The Uniform Law Commission (ULC) approved five new acts dealing with issues ranging from alternative dispute resolution to modernizing existing laws. Tennessee Commissioners Charles A. Trost and Jess O. Hale Jr., both of Nashville, and Effie V. Bean Cozart of Memphis were joined at ULC's 118th annual meeting in Santa Fe, New Mexico, by more than 200 lawyers, judges, law professors, legislators and government attorneys appointed in their respective jurisdictions to serve as uniform law commissioners. During the meeting, Trost was re-elected to serve as ULC treasurer. George H. Buxton III of Oak Ridge is also a Tennessee commissioner.
    
As they've done each summer since 1892, uniform law commissioners gathered for a full week to discuss " and debate line by line, word by word " legislative proposals drafted by their colleagues during the year. The five acts just approved are now available for state enactment.
The Uniform Collaborative Law Act regulates the use of collaborative law, a form of alternative dispute resolution. This Act standardizes the most important features of collaborative law participation.
  
The Uniform Collateral Consequences of Conviction Act addresses the penalties and disqualifications that individuals face incidental to criminal sentencing. The provisions in the act are largely procedural and designed to rationalize and clarify widely accepted policies and provisions.
  
The Uniform Law Enforcement Access to Entity Information Act preserves the traditional confidentiality of entity ownership and requires the filing of the name of an individual who would be responsible for obtaining, maintaining and verifying record ownership information.
  
The Uniform Real Property Transfer on Death Act allows an owner of real property to pass the property simply and directly to a beneficiary on the owner's death without probate. The property passes by means of a recorded transfer on a death (TOD) deed.
  
The Uniform Statutory Trust Entity Act governs the use of statutory trusts as a mode of business organization. The Uniform Act modernizes the existing, but outdated, laws governing these types of entities.
  
A portion of the Uniform Business Organizations Act (UBOA), containing language to harmonize common provisions found throughout existing business organization acts, such as the Uniform Partnership Act and the Uniform Limited Partnership Act, was also approved.  
Information on all of these acts, including the approved text of each act, can be found at the ULC Web site at www.nccusl.org.     
" Effie V. Bean Cozart  
  
Deadline to Qualify Is Feb. 15
During 2010, the following officers, governors and delegates of the Tennessee Bar Association (TBA) will be elected as set forth in the association's bylaws:

TBA Officers and Board of Governors Officers

A vice president (from the Middle Tennessee Grand Division " elected by the association's membership-at-large). The vice president automatically assumes the office of president-elect in 2012 and president in 2013.
  
District Governors
District governors in the 1st, 4th and 7th districts will be elected to three-year terms. They are elected by the members in their respective districts.
  
Those who currently hold those positions are: Frank Johnstone (1st), Bobby Hibbett (4th) and Jonathan Steen (7th). They are each eligible  
for re-election.

Grand Division Governors

TBA Grand Division Governors are elected for one-year terms by the membership in each grand division.
  • An East Tennessee governor from the 1st, 2nd or 3rd district.
  • A Middle Tennessee governor from the 4th, 5th or 6th district.
  • A West Tennessee governor from the 7th, 8th or 9th district.
Those who currently hold those positions are: Cindy Wyrick (E), Barbara Holmes (M) and Brian Faughnan (W). Cindy Wyrick and Brian Faughnan are eligible for re-election. Barbara Holmes is ineligible for re-election due to term limits.

TBA delegates to the  ABA House of Delegates

Three members to represent the TBA in the American Bar Association (ABA) House of Delegates will be elected for two-year terms by the TBA membership in 2010. The positions are designated positions 2, 4 and 5.  
  
Those who currently hold those positions are Lucian Pera (2), John Tarpley (4) and Paul Campbell III (5). Each is eligible for re-election.

Qualifying, Balloting and Elections

The officers, governors and delegates to the ABA are elected by the membership as provided by election procedures with petitions due Feb. 15, 2010.  
  
To qualify for any of these offices, a candidate must file a nominating petition with the executive director of the TBA. The petition must contain the names of 25 members of the association in good standing. The petition must be received at the TBA office on or before Feb. 15, 2010.
  
A ballot containing the names of all duly qualified candidates will be distributed to members. To be counted, all ballots must be received at the office of the TBA auditors. Votes will be tallied by the accounting firm selected by the Board of Governors in accordance with Section 44 of the bylaws. If there is only one duly-qualified candidate for an office by Feb. 15, 2010, that candidate will automatically be declared elected.  
 

Questions?

This notice is in accordance with bylaws of the TBA  §15 and 40 through 46.  For more information on running for any of these offices, visit the TBA's Web site at www.tba.org/BOG/elexhandbook.html or call (615)  383-7421 for an election  handbook.   
Posted by: Gail Ashworth on Sep 24, 2009

Twenty-five years ago, Emmett Marston of Memphis was the Tennessee Bar Association president " the same year the Tennessee Supreme Court entered the order sustaining the petition of the Tennessee Bar Association (TBA) and the Tennessee Bar Foundation (TBF) "for this Court to authorize the establishment and implementation of a program for the utilization for legal charitable purposes within the State of Tennessee of interest derived from lawyers' trust accounts." This established the Interest On Lawyers' Trust Accounts program, what we now refer to as IOLTA. The order was signed on Oct.


Previous • Page 23 of 24 • Next