TBA Law Blog


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Posted by: Paul Burch on Feb 6, 2024

Members of the TBA Young Lawyers Division (YLD) joined lawyers from across the country in Louisville, Kentucky, this past weekend for the 2024 American Bar Association (ABA) Midyear Meeting. YLD members participated in ABA governance meetings and networked with other members of the profession. See photos from some of the events.

Posted by: Paul Burch on Feb 6, 2024

The Tennessee Supreme Court last week hosted state supreme court chief justices from around the country as the Conference of Chief Justices (CCJ) held its Mid-Year Meeting in Nashville. While normally only the chief justice from each state attends CCJ conferences, all five of Tennessee's justices were able to attend since the state hosted the event. Sessions included the impact of AI on the administration of justice, the practice of law and law school curricula, in addition to ethical considerations related to AI in litigation and the judiciary. The justices also heard Tennessee author Keel Hunt, Nashville School of Law Dean William Koch and Nashville attorney Hal Hardin recount the story of how former Gov. Lamar Alexander took his oath of office early to stop a pardon scandal. That account is chronicled in Keel’s book “Coup.”Learn more about the meeting.

Posted by: Paul Burch on Feb 6, 2024
News Type: Legal News

The University of Memphis School of Law won second place in the nation in the 74th Annual National Moot Court Competition, held Jan. 31 at the New York City Bar Association. The national finalist team was comprised of students Thomas Fletcher, Kelsey McClain and Derrick Shawver and coached by Professor Barbara Kritchevsky. McClain also won the Best Brief Award and was runner-up for the Best Oralist Award in the final round. More than 130 teams competed in the competition, with the top two teams from each region traveling to the finals. Learn more about the competition.

Posted by: Paul Burch on Feb 6, 2024

Gov. Bill Lee outlined his $52.6 billion state budget proposal to lawmakers during his annual State of the State address Monday evening, the Tennessean reports. House and Senate members will consider budget legislation over the coming months. Big-ticket items in the proposed budget include $410 million in recurring funding and $1.2 billion in nonrecurring funding to simplify the franchise tax in Tennessee. While the current franchise tax has been in place for roughly 90 years, a change was necessitated by the threat of litigation, thus prompting the administration to address the issue now so the state can move forward. The budget also includes a $141 million appropriation to establish Education Freedom Scholarships. While specific details of the plan have yet to be revealed, Gov. Lee emphasized that it should be parents — and not the government — who decide where their children go to school and what they learn.

On the judicial front, it appears that many areas of the judicial system are slated to be funded at the same levels as the current FY 23-24 budget, including indigent representation. Increased funding for indigent representation remains a top priority of TBA, which is committed to working alongside the Tennessee Supreme Court, Administrative Office of the Courts and others on this important issue. In related news, the executive committee of the Tennessee Judicial Conference, which represents all state judges, sent a letter to Gov. Bill Lee, Lt. Gov. Randy McNally, House Speaker Cameron Sexton and members of the Tennessee General Assembly stressing the need to increase funding for indigent representation in the state. Other legal organizations, including the TBA, also have written similar letters, which are posted here. For more information, and to join TBA’s grassroots efforts to support funding for indigent representation and other issues important to Tennessee attorneys, please visit TBA’s Government Affairs webpage.

Posted by: Laura Labenberg & Stacey Shrader Joslin on Feb 6, 2024
News Type: TBA CLE

The TBA Young Lawyers Division (YLD) is back with two new installments of its Rookie's Guide Series, which is designed to shed light on the foundational pillars of various legal disciplines. Each segment offers a deep dive into a practice area, ranging from the structured world of employment law to the nuances of family law. Specially curated for the next generation of Tennessee's legal professionals, this series promises more than knowledge — it paves the path to excellence. The February installment of the series will focus on family law, with topics such as divorce proceedings, child custody conflicts and adoption processes. In March, the series will focus on estate planning, with sessions on drafting, trust creation and asset protection. If you missed the initial offering in December, check out the personal injury installment now available on demand.

Posted by: Paul Burch on Feb 6, 2024
News Type: ABA Meeting News

The American Bar Association’s (ABA) House of Delegates (HOD) approved a new policy this week that requires law schools to adopt free speech policies in order to maintain their accreditation, reports Reuters. The new policy, approved by a voice vote, requires that law schools develop and publish policies that “encourage and support the free expression of ideas.” The change comes after several high-profile incidents where law students disrupted speakers and amid campus tension over the conflict between Israel and Hamas. The HOD, which is the association’s policymaking body, also approved nearly 30 other new policies, including opposing laws that limit teaching about race or gender; urging governments to follow federal reporting guidelines for deaths in custody; opposing the suspension or removal of elected prosecutors for personal or partisan reasons or without due process; and supporting the Uniform Collaborative Law Rules and Uniform Collaborative Law Act. Read more about the new policies.

Posted by: Paul Burch on Feb 6, 2024
News Type: Legal News

An East Memphis resident has filed an ethics complaint against Memphis City Council member Michalyn Easter-Thomas, asserting the councilwoman’s job with the Memphis River Parks Partnership is a conflict of interest, reports the Daily Memphian. Rebecca Neves filed the complaint in late January which asserts that because Easter-Thomas is an employee of a nonprofit that has a contract with the Memphis Parks Department, she has a conflict of interest under Section 20, Article 5 of the city charter. Under city ordinance, the city’s chief ethics officer must evaluate the facts of the complaint by Feb. 8. The Daily Memphian reports it is not clear if the ethics officer already has issued a recommendation.

Posted by: Paul Burch on Feb 6, 2024
News Type: Black History Month

The Bessie Smith Cultural Center in Chattanooga will host a screening of the new film "Gospel" this Thursday from 6-7:30 p.m. EST. Hosted by acclaimed scholar Henry Louis Gates Jr., "Gospel" explores Black spirituality in sermon and song. The screening will be followed by a community discussion on the evolution of the film. Registration is free but required.

Posted by: Stacey Shrader Joslin on Feb 5, 2024

University of Tennessee College of Law Dean and Elvin E. Overton Distinguished Professor of Law Lonnie T. Brown Jr. was honored at a reception Saturday evening at the American Bar Association’s (ABA) Midyear Meeting in Louisville, Kentucky. Meeting attendees from across the country gathered to celebrate Brown’s leadership at the law school. In addition, former University of Tennessee College of Law professor Penny White received the ABA Tort Trial and Insurance Practice Section’s (TIPS) Robert B. McKay Law Professor Award. The award recognizes law professors who have shown commitment to the advancement of justice, scholarship and the legal profession, demonstrated by outstanding contributions to the fields of tort, trial practice or insurance law. Until her retirement in 2022, White was the Elvin E. Overton Distinguished Professor of Law and served as the director of the school’s Center for Advocacy and Dispute Resolution. See photos from the two events.

Posted by: Stacey Shrader Joslin on Feb 5, 2024

According to the Tennessean, federal prosecutors are investigating Cade Cothren, former House Speaker Glen Casada’s aide, for allegations of cyberstalking. The information was disclosed in court filings last week when prosecutors asked to delay the impending trial of both Cothren and Casada, The Tennessee Journal reports. Law enforcement subsequently obtained a search warrant and seized several phones from Cothren’s house. Cothren's attorneys have asked the judge to quash the warrant. Prosecutors now say "in an abundance of caution," they have not extracted any information from the phones and will not do so before a hearing set for this afternoon.


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