MEMBER CENTER
Tuesday, Nov. 23, 2021
Good Counsel: A Call — and a Guide — to Appeal More General Sessions Bail Decisions
"Pretrial release has been a right in the Tennessee Constitution since its adoption. Tennessee’s bail statutes have always presumed it, but it is only recently that Tennessee courts have begun grappling with what this right means in practice," writes Willie Santana. In this new article, he encourages criminal law practitioners to seek improvement of the law by "zealously representing their clients and challenging erroneous bail decisions by general sessions court through the appellate process." He explains the steps for lawyers to follow. By doing this more often, he contends, it will amplify the ongoing debate in the General Assembly about bail reform and "highlight that the health of the criminal justice system depends on procedural justice."
Well-Being Must Become Priority, and It Must Come from the Top
To be a good lawyer, one has to be a healthy lawyer, and to be a good judge, one must be a healthy judge. Unfortunately, recent studies have indicated that our profession is falling short when it comes to well-being. "The research suggests that the current state of lawyers’ health cannot support a profession dedicated to client service and is dependent on public trust," The Hon. Robert L. Childers explains, in this Tennessee Bar Journal article. "To maintain public confidence, meet the need for innovation in delivering legal services, increase access to justice, and reduce the level of toxicity that has allowed mental health and substance use disorders to fester among our colleagues, we have to act now."
New Amendments Offer More Ways to Get an Expungement
In his current Tennessee Bar Journal column, Wade Davies encourages lawyers to do pro bono work regarding expungements, especially now that there are expanded opportunities after the General Assembly created ways to educate defendants. "What we are looking at here is expungement of actual judgments of conviction. Expungement of a conviction is a significant development because under Tennessee law an expungement returns the defendant to the status he or she occupied before the prosecution and generally creates a right to deny having been charged," he writes. "You do not have to be a criminal defense lawyer to help someone seek an expungement. Anyone can do it." It's a great way to help someone get a second chance.
Your Well-Being May Affect Your Liability Insurance Cost
Why does lawyer well-being matter and why should we be thinking of well-being as a proactive, risk management tool in the area of lawyer professional liability? Risk control consultant Tracy L. Kepler writes about why lawyer professional liability carriers have a vested interest from a loss prevention perspective to encourage lawyer well-being — and why it should matter to you.
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