The Tennessee Supreme Court imposed a public censure on Bedford County lawyer Richard Lamar Dugger on April 9. The court found that Dugger violated Rules of Professional Conduct 1.1, 1.3, 3.2 and 3.4 in representing one client in a bankruptcy case and a second client in a landlord tenant case. In the first complaint, the court found that Dugger failed to include his client’s home in a bankruptcy matter, which resulted in his client’s home being foreclosed. In the second matter, Dugger failed to appear in court, failed to take action following the entry of an adverse judgment against his client and delayed the outcome of the case.

The U.S. House of Representatives has passed legislation limiting the authority of federal district judges to issue nationwide orders. The Associated Press reports that HR 1526, which passed by a vote of 219-213, limits the scope of injunctive relief ordered by a district judge to those parties before the court, rather than applying the relief nationally. In the U.S. Senate, similar bills have been introduced by Senate Judiciary Chair Chuck Grassley, R-Iowa, (S. 1206) and Missouri Republican Sen. Josh Hawley (S. 1099). The Hill has more on Grassley’s proposal.

The Tennessee Board of Professional Responsibility (BPR) has issued two new ethics opinions. The first, 2025-F-171, addresses the ethical propriety of a non-disparagement clause in a products liability case settlement agreement that makes the lawyers in Firm A parties to the settlement proposed by Firm B. The second, 2025-F-172, addresses limited scope legal services provided by a private attorney. That opinion states that attorneys may engage in limited scope representation so long as it is reasonable under the circumstances and the client gives informed consent, preferably in writing. Attorneys also must follow the Tennessee Rules of Civil Procedure, specifically Rule 11.0l(b) and (c) regarding disclosure of such limited scope representation. See all past opinions from the board. Update: On April 21, 2025, the Board of Professional Responsibility voted to withdraw formal ethics opinion 2025-F-172.

The 23rd edition of the Alimony Bench Book is now available. Published by the TBA’s Family Law Section, the book provides a ready resource for dealing with alimony cases in Tennessee. Current Family Law Section members can access their copy at no cost on the Family Law eCommunity page but must be logged into their TBA account. Others may purchase an electronic copy for $25 from the TBA Store.

The TBA Young Lawyers Division is partnering with Legal Aid Society of Middle Tennessee and the Cumberlands for an expungement clinic on May 19. Volunteers are needed from 4-7 p.m. CDT at Doors of Hope located at 428 E. Bell St., Murfreesboro, TN 37130. Contact Morgan Hanna for more information and to volunteer.

Legislation that would have established a presumption that joint legal custody and equally shared parenting time is in the best interest of the child failed to pass the House Judiciary Committee by a vote of 16-3, leaving it dead for the year. The bill, HB1131 was sponsored by Rep. Antonio Parkinson, D-Memphis. The Senate version of the bill, SB1331, is sponsored by Sen. Jeff Yarbro, D-Nashville. George Spanos, chair of the TBA Family Law Section, testified against the bill, and the TBA Government Affairs team worked to educate lawmakers on the need to maintain current law, which requires the judge to look at the facts of each individual case and determine custody based on what is in the best interest of each child.

The TBA Family Law Section’s legislation, HB492 — sponsored by House Judiciary Committee Chairman Andrew Farmer, R-Sevierville — successfully passed the House Judiciary Committee. The Senate version, SB540, sponsored by Sen. John Stevens, R-Huntingdon, passed the Senate on March 6. The legislation, as amended, removes the three-year threshold for trial courts to consider a parent’s failure to pay child support from the best interest of the child factors in TCA 36-6-106(a)(16). As amended, the bill also amends the grandparent visitation statute (TCA 36-6-306) to add a new subsection (g) that will allow trial courts the discretion to award attorney’s fees and expenses to either party in a grandparent visitation case.

Lateral hiring at law firms rebounded in 2024, with overall hiring up nearly 14%, according to the National Association for Law Placement’s 2024 Lateral Hiring Survey. The increase follows a two-year downturn and includes a significant rise in lateral associate hiring, which surged by almost 25%. According to the report, partner lateral hiring saw a 2% increase, while other lateral lawyer categories remained flat. Smaller firms, which appeared to capitalize on a reduction in lateral hiring by larger firms in 2022-2023, experienced a reversal in 2024, with hiring down 11%. Firms of more than 1,000 lawyers saw a 21% increase in hiring. The survey also revealed a continued trend toward remote hiring flexibility, though fully remote lateral hires remain rare. According to the National Jurist, legal experts note that the shift in hiring patterns reflects broader market adjustments, with large firms re-entering the market and smaller firms facing challenges competing for top talent.

The Tennessee Justice Bus is partnering with Knoxville Area Urban League to host an expungement clinic on April 16 from 11 a.m. to 3 p.m. EST as part of Help4TN Month. The clinic will offer participants an expungement screening with a volunteer attorney, who will assist in reviewing available online records. Attendees will receive information on which records may be eligible for expungement and learn about the steps to begin the expungement process. The Tennessee Supreme Court Access to Justice Initiative is sharing updates about the month through a digital campaign and calendar of events. For 2025, the initiative is focused on providing information for the public on “the where, why and how of legal resources across Tennessee.”

The Tennessee Department of Correction is facing staffing shortages despite a significant increase in prison officer salaries, prompting the use of a “floating security crew” at state facilities, according to the Tennessee Lookout. In March, a group of five correctional officers volunteered to serve with the crew at the Northwest Correctional Complex in Tiptonville. The department also plans to hire 20 more officers for the crew, which will travel to locations where they are needed based on staffing levels. The department recently put $37 million more into officer salaries and held recruiting events, but despite those efforts there is still a 26% vacancy rate for correctional officers at state facilities.

Environmental groups are urging the Shelby County Health Department to issue an emergency order to stop xAI from operating what appear to be dozens of natural gas turbines in Southwest Memphis, the Daily Memphian reports. xAI plans to use the turbines as a power source for its new data center, in addition to electricity from Memphis Light, Gas and Water and the Tennessee Valley Authority. Attorneys for the Southern Environmental Law Center (SELC) say the turbines appear to operating without an air emissions permit in violation of the Clean Air Act. They are asking the health department to inspect the site, order the turbines stopped and possibly impose fines of up to $25,000 per day. They also allege that the turbines could be the area’s largest emitter of nitric oxide and that formaldehyde emissions exceed legal limits. The company currently has an air emissions permit application pending with the health department with a public hearing set for April 25.