TBA Law Blog


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Posted by: Julia Wilburn on May 7, 2024
News Type: Legal News

Gov. Bill Lee toured the Birthplace of Country Music Museum in Bristol while celebrating a new law meant to protect the state’s musicians. WJHL reports that Lee said places like the museum embody why the law is important. Lee and his wife Maria were given a quick tour of the museum on their visit. Both were shown and listened to how technology was used to document the rich musical heritage of the region. “It’s a reminder to us, part of what made Bristol the city that it is and what made Tennessee the state of music that it is, are the artists themselves,” Lee said. The ELVIS Act is the first-in-the-nation law that seeks to block the use of artificial intelligence to copy a performer’s voice without legal permission. Lee signed the bill into law in March.

Posted by: Julia Wilburn on May 7, 2024

The May/June Tennessee Bar Journal, the annual Access to Justice (ATJ) focused issue, is now available online and arriving in mailboxes this week! This issue's cover story focuses on the need for fee increases for indigent representation in Tennessee courts, and highlights attorneys' testimony before two legislative committees. The TBA's Public Service Award winners are profiled, and Russell Fowler gives readers a glimpse into the pro bono-focused life of Saint Ives. Columns include John Day's digest of tort cases before the Tennessee Supreme Court and Eddy Smith's look at mortality and the relief that comes with knowing your affairs are in order. In addition, Jim Barry's final President's Perspective column looks back at a year of transitions for TBA, and The Legal Life is full of ATJ news and updates on TBA ATJ initiatives.

Posted by: Julia Wilburn on May 7, 2024
News Type: Legal News

A new federal rule would close what many have termed the "gun show loophole," but a lawsuit filed by a coalition of 21 state attorneys general, including Tennessee's Attorney General Jonathan Skrmetti, could overturn it. The Daily Memphian reports that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced its “Final Rule 2022R-17F” in April, which is due to take effect later this month. It essentially updates the definition of a firearms dealer to ensure that almost all such sellers must have a federal firearms license, and therefore conduct background checks on all gun buyers. ATF officials stated that the new rule does not apply to certain sellers — such as someone who sells a gun to a family member or a person who engages in occasional sales as a hobbyist — but the lawsuit from the attorneys general disputes that claim. Skrmetti says the law places too heavy a regulatory burden on individuals “who occasionally sell or trade a firearm.”

Posted by: Julia Wilburn on May 7, 2024
News Type: Legal News

Hamilton County District Attorney Coty Wamp has filed a petition to remove Shelby County Clerk Wanda Halbert after an almost 10-months-long investigation. The Commercial Appeal reports that the filing lists incorrect financial reporting, strains on auto dealers in the county, comptroller deficiencies and Halbert's absence from the May 1 Shelby County Commission meeting where she was supposed to present her corrective action plan as reasons for the petition. The petition does not officially remove Halbert from office, but it requests that she be suspended of her official capacity as county clerk.

Posted by: Julia Wilburn on May 7, 2024

Today's theme for Well-Being Week in Law is "Align," designed to cultivate a sense of meaning and purpose in work and life. This is accomplished by aligning one's work and life with values, goals and interests. Need some practical ways to implement this? Do five new things that positively impact or improve the welfare of work colleagues or clients. Choose things outside your normal work routine, and do them all in one day. Research says you’ll get a boost in your work’s meaningfulness. Get other suggestions for implementing today's goals and inspire others by posting about your efforts with the hashtag #WellbeingWeekInLaw. Stay tuned for more well-being tips and resources throughout this week.

Posted by: Stacey Shrader Joslin on May 7, 2024
News Type: TBA CLE

The TBA’s International Law Section will host its annual forum on May 17 in Nashville. Topics include how to use the U.S. Federal Trade Office Market Diversification Tool, an introduction to practicing international law, and a discussion with Brie Knox, director of U.S. Commercial Service Tennessee (a division of the International Trade Administration within the U.S. Department of Commerce). Other speakers include Chattanooga lawyer Terry Olsen with the Olsen Law Firm, Nashville lawyer Michael Goode with Lewis Thomason and Hendersonville lawyer George Phillips with Phillips | Ralston. Learn more here.

Posted by: Stacey Shrader Joslin on May 6, 2024
News Type: Passages

Memphis lawyer James Torreyson Allison died April 19 at the age of 92. According to an obituary sent to the TBA, Allison was originally from Arkansas. He served in combat in the Korean War with the First Marine Division, and later graduated from the University of Arkansas and Vanderbilt University Law School. He began practicing law in Memphis in 1963 with the firm of Clifton and Mack and then established his own practice. He was well read and fond of jazz, movies and the outdoors. A graveside funeral was held May 2 at Memphis Funeral Home and Memorial Gardens in Bartlett.

Posted by: Stacey Shrader Joslin on May 6, 2024

The Tennessee Bar Association (TBA) today filed comments with the Tennessee Supreme Court in response to an order soliciting comments on proposed changes to its Rule 13, regarding the Appointment, Qualifications and Compensation of Counsel for Indigent Defendants. As noted in the order, the proposed revisions did not include any adjustments to the compensation rates and/or caps for appointed attorneys representing the indigent (which will be addressed later). Rather, they addressed the potential financial obligations of a child's parents, legal custodians or guardians when a guardian ad litem is appointed. The proposed changes also addressed the process for designating a case as complex or extended. The TBA’s comments focused on the financial responsibility provisions, the proposed procedure and deadline for requesting a review of compensation in non-capital cases, and the use of alternative agreements for providing representation to indigent persons in some situations. Read the full comments.

Posted by: Stacey Shrader Joslin on May 6, 2024
News Type: BPR Actions

The Tennessee Supreme Court has temporarily suspended Knox County lawyer James Patrick Henry from the practice of law upon finding that Henry failed to respond to the Board of Professional Responsibility regarding six complaints of misconduct. Henry is immediately precluded from accepting any new cases, and must cease representing existing clients by June 5.

Posted by: Stacey Shrader Joslin on May 6, 2024
News Type: Legal News

The Giles County Bar Association has elected Pulaski lawyer Rob Laxson as its new president. Laxson, who works at Robert D. Massey and Associates, succeeds Evan Baddour, who served in the role for approximately five years. The group also is planning to recognize the upcoming retirement of 22nd Judicial District Circuit Judge David L. Allen. Those interested in contributing to or participating in the retirement commemoration, or sending reflections and memories, should contact Laxson at rlaxson@robertdmassey.com.


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