The Journal’s “back page” content looks a little different in 2025! Introducing “Closing Statements.” We’ll post a question here in each issue and invite you to submit your answer. Perhaps you’ll see your closing statement in the next issue! For this issue, we asked some of our TBA Young Lawyers Division leadership "What advice would you give your younger, post-law school self? What do you wish you'd known or done?"

TBA’s Legislative Updates podcast features TBA lobbyists Berkley Schwarz of Pier Strategies LLC and Ashley Harbin of Adams and Reese. This week they discuss several legislative developments, including SB1052/HB1355, which amends Tenn. Code Ann. §36-1-102(45)(B) to specify that a biological father who only pays token support to the child’s mother does not qualify as a putative father; SB540/HB492, which addresses custody determinations and failure to pay child support; SB541/HB906, which pertains to legislation from the TBA probate study group; SB394/HB569, concerning the selection of a settlement agent in real property transactions; SB943/HB1255, which mandates continuing education for judges involved in child custody proceedings; and the Tennessee Administrative Office of the Courts’ plan for indigent representation presented on behalf of the Tennessee Supreme Court. Listeners can tune in on the TBA website or directly through this link.

Petitioner, George W. Cosey, pleaded nolo contendere to Class E felony theft and received an agreed one-year sentence. Petitioner subsequently filed a petition for post-conviction relief, which the Davidson County Criminal Court denied after a hearing. On appeal, Petitioner argues that he received the ineffective assistance of counsel because counsel did not inform him that, between the time of the offense and Petitioner’s plea, the theft grading statute had been amended. After a thorough review of the record, we affirm.

The Defendant, Dale Steven White, was charged with twelve offenses resulting from his fleeing from the police on three separate occasions on June 13, December 11, and December 13, 2021. The Defendant entered a "blind" plea ot each charge on November 16, 2023, and folowing a sentencing hearing, the trial court imposed an effective sentence of twenty-two years' incarceration. On appeal, the Defendant argues that his sentence si excessive, that thetrial court erred ni imposing partially consecutive sentences, and that his judgment forms contain clerical errors. Following our review, we remand for entry of corrected judgments consistent with the trial court's pronouncement of the Defendant's sentence at the sentencing hearing. We otherwise affirm the judgments of the trial court.

The Defendant, Jeffery Lynn Lane, Jr., was convicted in the Madison County Circuit Court of possession of a firearm after having been convicted of a felony crime of violence, driving without a license, and driving without proof of insurance and received an effective twelve- year sentence to be served at eighty-five percent release eligibility. On appeal, he claims that the evidence is insufficient to show he possessed the firearm, that the trial court erred by denying his motion to suppress evidence, and that the trial court committed plain error by allowing the State to introduce evidence of uncharged offenses. Based upon the oral arguments, the record, and the parties’ brief, we affirm the judgments of the trial court.

Nashville law firms are increasingly expanding their specialties, with several adding new practice areas in response to the city’s growth and demand for legal services. In a report from the Nashville Business Journal, firms like Thompson Burton and Adams and Reese have significantly broadened their practices, incorporating areas such as business immigration, artificial intelligence (AI) and entertainment law. As AI technology becomes more integral to the legal field, firms such as Baker Donelson and Sherrard Roe Voigt & Harbison have introduced dedicated AI teams to help clients navigate legal challenges related to AI, while others, like Lewis Thomason, have implemented policies to ensure AI is used only for non-substantive tasks due to data privacy concerns. There are many variations in the use of AI, based on the individual firm’s field of practice, but, the paper reports there "seems to be an agreement on the establishment of clear guide rails and that AI cannot replace the human touch or nuance of legal practice."

The TBA is seeking to fill vacancies, both on its Board of Governors and in its House of Delegates. Open positions on the board include 4th District governor and East Tennessee governor. Seats available in the House of Delegates include those in the 2nd, 7th, 8th, 9th, 15th, 18th, 22nd, 23rd, 24th and 31st districts. Finally, a vacancy exists in the position of young lawyer delegate to the ABA House of Delegates. Those interested in being considered for any of these positions should email TBA Executive Director Sheree Wright at barED@tnbar.org by March 3. For additional information on these vacancies, including terms of service and counties included in each district, visit the TBA’s election page.

In a 7-2 decision, the U.S. Supreme Court ruled that plaintiffs are not entitled to attorneys' fees after obtaining a preliminary injunction that is later mooted, Bloomberg Law reports. Chief Justice John Roberts, writing for the court, said the plaintiffs do not count as “prevailing parties” entitled to attorneys’ fees because no court has conclusively resolved their claims. The case involved Virginia drivers who challenged a state law suspending licenses for unpaid fees, with the state changing the law after the plaintiffs secured a temporary injunction. The court's ruling set a rule that prevents civil rights lawyers from receiving attorneys' fees in such cases, despite the temporary success. Justices Ketanji Brown Jackson and Sonia Sotomayor dissented, arguing the plaintiffs’ victory, though temporary, was never overturned.

Shelby County Commissioner Edmund Ford Jr. has been federally charged with bribery and tax evasion, the Commercial Appeal reports. Ford turned himself in to federal authorities Friday morning. An indictment charges Ford with one count of bribery and kickbacks related to programs receiving federal funds and six counts of attempting to evade tax payments. If convicted on all counts, Ford could face up to 40 years in federal prison. Three nonprofits are named in the criminal complaint, along with businesses owned and operated by Ford. According to the news outlet, the charges may be connected to a previous investigation into Ford's involvement in securing a $450,000 grant for Junior Achievement of Memphis, which later purchased computers from Ford's business. The FBI executed a search warrant at Ford's home in May 2023 as part of the ongoing investigation.

Paint Memphis, a nonprofit known for transforming a city corner with its annual mural fest, has appealed a court ruling that found it failed to fully pay two former co-directors for six months of work. A judge in Shelby County General Sessions Court ruled earlier this month that Paint Memphis must pay the former co-directors a combined $5,720 for their work from October 2023 to April 2024, the Daily Memphian reports. The organization is now appealing the ruling, and a new trial, including consideration of evidence, is expected to start over. A court date has yet to be set. In related news, Paint Memphis also faces allegations of failing to fully comply with its agreement with South Arts, an Atlanta-based funder. South Arts has provided $7,500 annually to Paint Memphis for the past three years to pay the lead artist, with Paint Memphis agreeing to match the amount in some years. However, several artists have reported being underpaid.