DICTA December 2023

Schooled in Ethics: Charge It! New BPR Opinion Offers Advice on an Attorney’s Acceptance of Credit Card Payments . . . Page 19 Management Counsel: Law Office 101: Being Jimmy Buffett . . . Page 25

A Monthly Publication of the Knoxville Bar Association | December 2023

COMMERCIAL PAINTING COMPANY V. WEITZ: TENNESSEE SUPREME COURT CONFINES ECONOMIC LOSS DOCTRINE TO PRODUCTS LIABILITY CASES

Photo Ops

Welcome New Lawyers

The Knoxville Barristers hosted a welcome reception for new bar admittees on Monday, November 6. The event was held at The Frothy Monkey and was sponsored by First Horizon. It was an opportunity for KBA members to show our new lawyers that friendship, gratitude, and commonality overwhelm our differences and create an environment where collegiality and professionalism flourish in an adversarial profession.

Fall Hike

The Professionalism and Wellness Committees joined together for the annual fall hike on October 28 at Fort Dickerson Park. It was a fun gathering of members, family and friends on a beautiful Saturday morning.

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DICTA

December 2023

In This Issue

Officers of the Knoxville Bar Association

December 2023

COVER STORY 16

President Loretta G. Cravens

President Elect Carlos A. Yunsan

Treasurer Jonathan Cooper

Secretary Rachel Park Hurt

Immediate Past President Jason H. Long

KBA Board of Governors Ursula Bailey Meagan Collver Daniel Ellis Spencer Fair

Luke Ihnen Hon. E. Jerome Melson William A. Mynatt, Jr. T. Mitchell Panter Samantha Parris

Courtney Epps Read Vanessa Samano Charles S.J. Sharrett Hon. Zachary Walden

Commercial Painting Company v. Weitz: Tennessee Supreme Court Confines Economic Loss Doctrine to Products Liability Cases

CRITICAL FOCUS 5 6 11 19

The Knoxville Bar Association Staff 25

President’s Message

What a Year It Has Been!

Practice Tips

Name Image & Likeness Practice Tips

Legal Update

All the World’s a Stage

Schooled in Ethics

Charge It! New BPR Opinion Offers Advice on an Attorney’s Acceptance of Credit Card Payments

Management Counsel

Being Jimmy Buffett

WISDOM 2 7 9 Marsha S. Watson Executive Director

Tracy Chain LRIS Administrator

Tammy Sharpe Director of CLE & Section Programming

Jonathan Guess Bridgette Fly Membership Coordinator Programs & Communications Coordinator

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Knoxville Bar Association 505 Main Street Suite 50 Knoxville, TN 37902 865-522-6522 Fax: 865-523-5662 www.knoxbar.org

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Jason Galvas LRIS Assistant

Dicta

All articles submitted for publication in DICTA must be submitted in writing and in electronic format (via e-mail attachment).

Exceptions to this policy must be cleared

by KBA Executive Director Marsha Watson (522-6522).

December 2023

14 15 18

Volume 51, Issue 11

DICTA is published monthly (except July) by the Knoxville Bar Association. It is designed to offer information of value to members of the local bar association. The news and features should illustrate the issues affecting the bar and its members. The opinions expressed do not necessarily represent those of the Knoxville Bar Association.

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Dicta is the official publication of the Knoxville Bar Association

Publications Committee Executive Editor Executive Editor Executive Editor Brandon Allen Anita D’Souza Elizabeth B. Ford Jennifer Franklyn Joseph G. Jarret F. Regina Koho Matthew R. Lyon

Managing Editor

Cathy Shuck Sarah Booher Melissa B. Carrasco Angelia Morie Nystrom Katheryn Murray Ogle Laura Reagan Ann C. Short Eddy Smith Grant Williamson

Marsha Watson KBA Executive Director

DICTA

21 23 26 27 29 31

Around the Bar New Admittees Reception & Fall Hike

Attorney Profile

2024 KBA President: Carlos Yunsan

Privileged To Be a Lawyer

Joy in Lawyering

What I Learned About Inclusion and Why It Matters

Is Your Definition of Inclusion Truly Inclusive?

Hello My Name Is

Victoria Glasscock

Leadership Lessons

What Does “Ted Lasso” Have to Teach Us About Law and Leadership?

Around the Bar

Annual Meeting Notice

Simple Things

Together

In Limine: Profiling Future JDs

Jasmine Steele

Why Did the Lawyer Cross the Road

O Brother! A “Suggestion” of Death

Barrister Bites

Fun With a Cookbook: Barrister Bites, Small Bites, & Amazing Holiday Bites

Bill & Phil Gadgets

Stocking Stuffers 2023

Legally Weird

Here’s Johnny!

Well Read

Fighter Pilot

Tell Me A Story

Two Points to Remember as I Enter the Legal Profession

COMMON GROUND 4 20 20 28 28 30

Section Notices/Event Calendar Barrister Bullets Welcome New Members Change of Addresses Bench & Bar in the News Pro Bono Project

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SECTION NOTICES & EVENT CALENDAR

Section Notices

There is no additional charge for membership in any section, but in order to participate, your membership in the KBA must be current. To have your name added to the section list, please contact the KBA office at 522-6522.

Alternative Dispute Resolution Section The ADR Section plans regular CLE throughout the year. Join the ADR Section for the annual CLE program “Mediation: Practice & Ethics Update” scheduled for December 19. If you have a CLE program topic or speaker suggestions, please contact the ADR Section Chairs Joe Jarrett (5665393) or Betsy Meadows (540-8777).

Bankruptcy Law Section The Bankruptcy Section plans CLE programs and helps coordinate volunteers for the Pro Bono Debt Relief Clinics. Join the Bankruptcy Section for the annual CLE program “Bankruptcy Case Law Update” on December 15. If you have a CLE program topic or speaker suggestions, please contact the Bankruptcy Section Chairs Tom Dickenson (292-2307) or Greg Logue (215-1000).

Corporate Counsel The Corporate Counsel Section provides attorneys employed by a corporation or who limit their practice to direct representation of corporations with an opportunity to meet regularly and exchange ideas on issues of common concern. If you would like to know how you can get involved or have suggestions for CLE topics, please contact Section Chairs David Headrick (363-9181) or Marcia Kilby (362-1391).

Criminal Justice The KBA Criminal Justice Section represents all attorneys and judges who participate in the criminal justice system in Knox County. If you have suggestions for CLE topics, please contact Section Chairs Joshua Hedrick (524-8106) or Sarah Keith (457-5640).

Employment Law The Employment Law Section is intended for management and plaintiffs’ counsel, in addition to inhouse and government attorneys. If you have a program topic or speaker suggestions, please contact the Employment Law Section Chairs Howard Jackson (546-1000) or Tim Roberto (691-2777).

Environmental Law The Environmental Law Section provides a forum for lawyers from a variety of backgrounds, including government, corporate in-house, and private firm counsel. If you have suggestions for CLE topics, please contact Section Chairs Catherine Anglin (525-0880), Kendra Mansur (771-7192), or Jimmy Wright (637-3531).

Family Law Section The Family Law Section has speakers on family law topics or provides the opportunity to discuss issues relevant to family law practice. Join the Family Law Section for the annual CLE program “TN Family Law Update” on December 5. Save the date for the next Family Law Section Social on December 8 from 4-6 p.m. More details on the location for the social will follow. If you are interested in getting involved or have suggestions for CLE topics, contact Section Chairs Jo Ann Lehberger (539-3515) or Steve Sharp (971-4040).

Government & Public Service Lawyers Section The Government & Public Service Lawyers Section is open to all lawyers employed by any governmental entity, state, federal, or local, including judicial clerks and attorneys with legal service agencies. If you are interested in getting involved or have suggestions for CLE topics, contact Hon. Suzanne Bauknight (545-4284) or Ron Mills (215-2050).

Juvenile Court & Child Justice Section The Juvenile Court & Child Justice Section has speakers on juvenile law topics or provides the opportunity to discuss issues relevant to juvenile law practice. If you have suggestions for CLE topics, please contact Section Chairs Justin Pruitt (215-6440) or Mike Stanuszek (766-4170).

New Lawyers Section The New Lawyers Section is for attorneys within their first three years of practice, and any KBA member licensed since 2021 will automatically be opted-in to the section. Watch for programming announcements for 2024.

Senior Section The KBA Senior Section will meet next on Wednesday, February 14, 2024, at Calhoun’s on Bearden Hill. The program will cover “One Perspective on the 1983 Closure of United American Bank (UAB)” and will feature Ray Lacy, Lacy, Price & Wagner, PC. The luncheon will be held from 11:30 a.m. to 1:00 p.m. The price includes a buffet lunch. If you have suggestions for luncheon speakers, please contact Chair Wayne Kline at (292-2307) or Sam Rutherford (659-3833).

Solo Practitioner & Small Firm Section The goal of the Solo Practitioner & Small Firm Section is to provide and encourage networking opportunities and offer high quality CLE programs featuring topics that will help solo/small firm attorneys enhance and improve their practices and assist them with law office management challenges. If you have a program topic or speaker suggestions, please contact Section Chairs Tim Grandchamp (392-5936) or Brittany Dykes (214-7869).

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DICTA

event calendar December

n1 n4 n5 n5 n6 n7 n8 n8 n 12 n 13 n 15 n 19

Ethics Bowl CLE Mental Health Court CLE Law Office Tech Committee Family Law CLE Barristers Holiday Party & Elections Criminal Justice Section CLE KBA Annual Meeting & Elections Family Law Section Social CLE Featuring Justice Dwight Tarwater Veterans Legal Advice Clinic Bankruptcy CLE ADR Section CLE

January

Law Office Tech Committee n2 Professionalism Committee n9 Access to Justice Committee n9 n 10 Veterans Legal Advice Clinic n 10 Barristers Planning Meeting n 11 Judicial Committee Meeting n 24 Board of Governors Meeting n 26 Law Practice Today Webinar n 30 CLE Committee Meeting

SAVE THE DATE: Barristers Holiday Party & Elections December 6 KBA Annual Meeting & Elections December 8

Check the KBA Events Calendar at www.knoxbar.org for scheduling updates.

December 2023

PRESIDENT’S MESSAGE By: Loretta G. Cravens

Eldridge & Blakney, P.C.

WHAT A YEAR IT HAS BEEN! Well here we are, dear reader, at the end of the road - at least for my KBA Presidency. I’m told that the title of Immediate Past President is the superior title, but I am not convinced. In January, I wrote about 6-year-old me, a little girl in a small town, with dreams, some big, some small, but none that could have conceived that I would someday receive the honor of serving as President of this association. I am unsure what possessed me to say yes more than four years ago when I was nominated for the KBA Executive Committee. I do not recall the details of that conversation, but bar service had been my saving grace in many ways.

That lesson came courtesy of my mentors, David Eldridge and Tasha Blakney, and a conversation many years ago with the Hon. Pamela Reeves that left me believing that it was my duty to say yes to serving my profession. In doing so, I would receive so much more than I gave. It’s true. I write this, my last DICTA President’s message, having gained so much more than I have given. I hope through your membership in our organization that you have gained more than you expected.

The work performed by the KBA is quite astonishing when you think about it. Hundreds of hours of CLE and social events planned.

Coordinating participation of volunteer attorneys in dozens of legal clinics with a variety of partners and for a variety of purposes, all for the benefit of the community at large. Also, the KBA hosts the annual events like the Tech Expo, Supreme Court Judicial reception, the Diversity Reception and Buddy Match program, and this year, the Wellness Conference. The KBA publishes DICTA and the Atttorneys’ Directory and hundreds of referrals are made through the Lawyer Referral and Information Service. The Barristers always making the KBA look good with Volunteer Breakfasts, Backpacks for Brews, Coat and Clothing Drives, the annual golf tournament, and so much more. Remembering those members who have gone before us at the Memorial Service.

Celebrating the retirement of Justice Sharon Lee and the Investiture of Justice Dwight Tarwater. All of these are just the tip of the iceberg when it comes to the work performed by and for lawyers and the community through the KBA annually.

This year we also celebrated the service and departure of our Executive Director, Marsha Watson. I wonder if Marsha had any idea what this association would be now, after three decades of her guidance and leadership. I feel confident she had big dreams, but that the KBA has exceeded even her own wildest expectations. Marsha, thank you for everything. You have built an association with a strong foundation, a loyal and dedicated staff, and a membership devoted to the KBA’s continued excellence. There are no words to adequately express my personal and professional gratitude, or that collectively of the members of this association, to you. We wish you all the best as you move on to life’s next adventures. Know you will always have a home here in Knoxville.

We promise to keep making you proud.

I would be remiss if I did not take the opportunity to extend my gratitude to the search committee who served diligently reviewing dozens of applications from individuals all over the country to be the next Executive Director of the KBA. Narrowing that field, conducting interviews, making time for numerous additional zoom meetings, and December 2023

finally taking those recommendations to the Board. President-elect Carlos Yunsan, the committee, and the Board took our obligation seriously to find the very best candidate to be the next leader of our organization, I can say with absolute confidence, that our next Executive Director, Tasha Blakney, will make her own mark leading the KBA into the future.

If you are given the opportunity to serve the bar in any capacity, please do. To all our members, keep saying yes. Keep serving. Keep learning. Keep growing. Keep going. We have so much more to look forward to and so much more to do. To paraphrase Eminem, this opportunity comes once in a lifetime. You better lose yourself in the music. The moment you own it, you better never let it go. You only get one shot, do not miss your chance.

I am grateful I did not miss my chance. Serving as the President of this association has been the greatest honor and privilege of my career.

Thank you for trusting me. Thank you for serving with me. Thank you for everything. I’ll have fewer articles to write in 2024, but trust me, I will still be here around the KBA, serving my fellow lawyers as I can, gaining strength and joy from our companionship. Leaders change, but one constant remains: The KBA will be right here waiting for you. See you around, hopefully soon.

DICTA

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PRACTICE TIPS By: E. Michael Brezina, III Brezina Law, PLLC

NAME IMAGE & LIKENESS PRACTICE TIPS Name, Image & Likeness (NIL) deals are the hottest topic in collegiate athletics today – and NIL-related representation is a growing practice area. The NIL practice area is unique and exciting because it merges the law/policy, contracts, universities, young people, the NCAA, collegiate sports, business and politics – and is constantly evolving. The following are a few tips to consider before negotiating and closing your client’s first NIL deal: 1. Familiarize yourself with relevant NIL terms and concepts.

• What is NIL? NIL refers to the ability of a collegiate athlete (i.e., Student-Athlete) to profit off of his/her fame or celebrity.

• What is “Pay-to-Play?” Paying a Student-Athlete financial compensation to play a sport. This is expressly prohibited in the NIL space.

• What is “Inducement?” Recruitment of a Student-Athlete to enroll at a specific institution. This is also specifically prohibited.

2. Understand applicable NIL laws, rules and policies and how to properly analyze them.

Ironically, state laws and university-specific policies/rules largely dictate and control how NIL is conducted day-to-day across the collegiate landscape. To date, Congress has not promulgated any federal laws to regulate, supervise and/or manage NIL. The NCAA has passed only the “Interim Rule,” which generally authorizes collegiate athletes to profit off their NIL, as long as there is no Pay-to-Play or Inducement.1 On October 26, 2022, the NCAA “clarified” the generally permissive Interim Rule.2 Tenn. Code Ann. § 49-7-2803 outlines collegiate NIL law. This statute generally establishes the rights of Student-Athletes who reside in Tennessee to earn NIL money, permits Student-Athletes to hire a sports agent (or “Athlete Agent”), requires disclosure of NIL deals to each Student-Athletes’ university, prohibits universities from directly paying Student-Athletes for NIL deals and bans Student-Athletes from participating in NIL deals involving gambling, tobacco, alcohol or adult entertainment.

As noted above, university-specific policies/rules also play a significant role in NIL. It is important not to forget this step in the legal analysis. By example only, the University of Tennessee (UT) passed its own set of NIL policies, including: expressly permitting StudentAthletes be earn compensation off of their NIL, specifically requiring Student-Athletes to disclose each compensated NIL activity/deal to UT, and prohibiting Student-Athletes from appearing in an NIL activity wearing the “Power T” logo without the express written permission of the university, among other things.3 3. Ensure the parties sign a written NIL contract.

Every NIL deal should be memorialized into a written agreement so that the parties reach a clear and mutual understanding, including defining each party’s rights, expectations and obligations and clearly outlining the consideration paid in exchange for specific and well-defined deliverable services.

4. NIL Contract Issues/Provisions.

The following issues/provisions should be considered when drafting or revising an NIL contract:

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a. b. c.

Are the parties clearly described?

Is the length of the contract’s Term clearly defined?

Is the scope of the permitted NIL use clearly defined, with start and cut-off dates? Including a specific cut-off date for authorized use of a Student-Athlete’s NIL is the safest and best practice. d. Is the consideration exchanged between the parties clearly described? e. Does the contract include a provision establishing payment to a Student-Athlete on a specified date, time and via particular manner/method of payment – and upon the Student-Athlete’s performance? f. Does the contract specifically prohibit “Pay-to-Play” and “Inducements?” g. Is there a fair and reasonable Termination provision included for both parties? I typically include a mutual 30-day Termination Notice in my agreements, which affords the parties greater flexibility. h. Audit Rights? i. Alternative Dispute Resolution? j.

Force Majeure? Given how unpredictable and busy life is for a Student-Athlete, I recommend including this language. k. Morality Clause? I recommend including this provision which allows for immediate termination for behavior either party may find offensive.

5. What to watch out for: a. Sharks! There are a lot of bad actors and shady people in the NIL space. b. NIL use rights extending beyond their intended scope or time period. c. In the NIL Collective setting, watch out for Set-off provisions which allow the Collective/payor to offset future payment obligations to a Student-Athlete if/when he/she earns NIL money from another source. This is an issue which has negatively impacted Student-Athletes across the country. d. Unfair or unfavorable provisions which take advantage of Student-Athletes. e. Shady deals.

6. In the NIL setting, especially dealing with college students, I recommend you accompany Student-Athletes to NIL activities/ events to ensure their performance.

7. Are you acting as an Athlete Agent on behalf of a StudentAthlete?

If so, you need to obtain a Certificate of Registration as an Athlete Agent in Tennessee. See Tenn. Code Ann. §§ 49-7-2102, 49-7-2104, 49-7-2110, and 49-7-2111.

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DICTA

NCAA adopts interim name, image and likeness policy - NCAA.org.

DI board approves clarifications for interim NIL policy - NCAA.org.

Tennessee Athletics Name, Image and Likeness (NIL) Information & Guidance University of Tennessee Athletics (utsports.com).

December 2023

ATTORNEY PROFILE By: Jason Long

Lewis Thomason

2024 KBA PRESIDENT: CARLOS YUNSAN When I think about the incoming president of the Knoxville Bar Association, Carlos Yunsan, the first thing I think of is his smile. It is ever-present, infectious, and a reflection of his eternally optimistic nature.

If you have seen Carlos on the street, it is likely he was smiling, and even more likely he was engaging with fellow members of the Bar. Carlos is simply that type of person. He is someone who wants to pass on his optimism, good will and joi de vivre to those around him.

Born and raised in Panama (the first President of the KBA originally from another country), Carlos came to Knoxville by way of Maryville College (where he learned English as his second language) thirty years ago. He obtained a bachelor’s degree in nutrition from the University of Tennessee and later both his master’s in public health and doctor of jurisprudence degrees from the same institution, making him a rare triple Vol. When you consider that he is now teaching at the College of Law, perhaps the term “Career Volunteer” would be a more apt moniker. As Carlos explains it, his progression toward a legal career was a natural evolution. He studied nutrition to help individuals, then pursued his master’s in public health to make a greater community-wide impact, and eventually entered law school with the idea of effecting systemic change to help people.

Something unexpected happened while he was in law school.

Instead of remaining exclusively focused in the public health policy arena, Carlos fell in love with litigation. While this passion was sparked early in his legal career, his participation on the National Moot Court Team clinched it. Along the way, during his academic career, Carlos accumulated awards and designations too numerous to mention. It is worth noting he graduated magna cum laude, was admitted to the Order of the Barristers, and received both the Susan B. Devitt National Moot Court Award and the College of Law Brief Writing Award.

Upon graduation, Carlos went into private practice focusing on a wide array of civil litigation. Additionally, he clerked for both Judge Kristi Davis on the Court of Appeals and Justice Sharon Lee on the Tennessee Supreme Court. Most recently, he accepted a position to join the faculty full time at the University of Tennessee College of Law, teaching writing and advocacy. Throughout it all, Carlos has remained committed to community involvement and bar association participation.

After a brief stint in the Blount County Bar, where he served as vice-president, Carlos came back to the KBA where he has worked tirelessly on behalf of the profession in a wide variety of roles. Carlos is a current member of the KBA Board of Governors and Executive Committee. He has served as chair of the diversity in the profession committee, the governor’s award committee, and the search committee for our new Executive Director. He was a member of the 2017 Leadership Blount class and of the 2019 Tennessee Bar Association Leadership Law (TBALL) class and, earlier this year, was selected by the National Conference of Bar Presidents as a 2023-24 Diversity Scholar. The scope and breadth of Carlos’ professional and community involvement is a reflection of his commitment to service and an ideal training ground for leadership of the Bar. December 2023

His passion for community and bar work stems from the old adage “to whom much is given, much is expected.” Carlos recognizes and appreciates that he owes a debt of gratitude to several people for looking out for him over the years and helping to promote him to positions of responsibility and empowering him to be successful. He knows it is important to pay that consideration forward. In addition, bar activity has been the best way for him to remain connected and involved with the legal community and reach out to have an impact greater than his day-to-day work obligations.

The departure of longtime Executive Director, Marsha Watson, will be a significant challenge in the coming year. Members of the KBA have become accustomed to Marsha’s leadership style.

Carlos is well aware that change can be difficult and, while there is reason to be very excited about our new Executive Director, there will also be some growing pains. He believes the key to a successful transition to a new Executive Director is flexibility amongst the bar and its members. He notes that a number of current committee and section chairs have stepped up to provide much needed experience, leadership and continuity as we begin the transition.

Aside from merely facilitating this important transition, Carlos hopes the coming bar year will see members challenge themselves to step out of their day-to-day comfort zones. To that end, he is particularly excited about the planned trip to Panama to show off the beloved birth country (I can’t refer to it as his home country as Carlos was naturalized as an American citizen in 2016) and let members explore the legal systems and cultures of other communities.

Despite all of his work on behalf the legal community, Carlos still knows how to balance his life and focus on what’s most important, his family. Not surprisingly, Carlos met his wife, Paromita, in India while they were participating in a humanitarian program, HOPE Worldwide.

They met in New Delhi in 1999 and have been together ever since. Paromita, like her husband, exhibits her commitment to others by her chosen profession as a family Nurse Practitioner. They have two children. Their daughter, Anabella (Bella), age nine (9), plays classical violin as a member of the Knoxville Symphony Youth Orchestra and studies ballet. Not to be outdone, their son, Matteo (Teo), age seven (7), plays viola for the KSYO and studies hip-hop dance. Carlos’ favorite hobby is watching his kids grow and mature, while trying to “stay out of their way.”

A few things you may not know about Carlos. He is a huge San Francisco 49ers fan, having grown up during the heyday of Joe Montana and Jerry Rice. He is an avid outdoorsman, often enjoying the world-class hiking that the East Tennessee area offers. Perhaps most interesting, Carlos is a fan of a little known music genre called Symphonic Metal, marrying symphonic music with a healthy dose of, well, heavy metal.

Carlos is an engaging, optimistic, and inquisitive leader. He will serve our Bar well in the coming year. I feel certain about one thing, no matter what obstacles the next year may bring, Carlos will meet them with a positive attitude and a smile on his face.

DICTA

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DICTA

December 2023

PRIVILEGED TO BE A LAWYER By: Joan MacLeod Heminway Rick Rose Distinguished Professor of Law Interim Director, Institute for Professional Leadership University of Tennessee College of Law

JOY IN LAWYERING It was 1999. The artist then known as Prince would have had me partying. (His song 1999—with its infamous refrain “So, tonight I’m gonna party like it’s 1999”—was actually released in 1982 when I was in my college years, transitioning to law school. Partying certainly was done back then!)

But I was not partying in 1999. I was contemplating a career change. That was, in itself, remarkable. I loved what I did as a corporate finance attorney working in Big Law in Boston, Massachusetts. I had intelligent and creative colleagues and great clients, worked on interesting transactions, felt confident in the daily counsel that I gave, had a healthy engagement with pro bono and public service activities, was a leader in the local bar, made more money than I ever had imagined, and had a lovely house, a wonderful husband, and two super kids—all healthy. I could go on, but you get the picture. Life was good. Life had balance.

So, why change?

I had a calling to teach. I originally had wanted to be a public secondary school teacher when I was young, but elders in my family had discouraged that impulse. So, I went on to college and law school to find my path. As it turned out, the long-form version of that path led me right back to teaching, but not the teaching I originally had in mind.

Instead, I was gravitating toward teaching law.

This amused me in more than one way. Here are the top four.

First, I had admired few law professors when I was in law school.

Admittedly, one was a dear mentor—all the way up into my career teaching law. Others are folks I have interacted with pleasantly since becoming a law professor. But in law school, most professors were alien to me, and teaching law was the furthest thing from my mind.

Second, I had not been at the top of my law school class. I was not Order of the Coif. I had not clerked for a federal or state judge. I had not been on a law review staff or editorial board, preferring instead to serve on the Moot Court Board writing and publishing problems for our first-year class to use in the law school’s moot court program. I was lacking in traditional law school teaching credentials.

Third, I never had written a law review article—the coin of the realm in legal academic publishing. I had written papers in college, bar publications, and many, many client memos based on legal research, but I had no published legal expository writing to my name at the point I was preparing to launch into a career that required ongoing academic writing.

Finally, I had no formal training as an instructor. While I had given bar presentations and been a mentor to junior lawyers inside and outside the firm at which I worked (on firm and pro bono client matters), I had never stood in front of a class of students to educate them on the law. I did not know how to design a course, create a syllabus or lesson plan, or handle grading and other aspects of assessment. I only knew what I had appreciated when I had been taught by others.

Looking back, I wonder how I had the confidence and guts to make the switch. I suffered from imposter syndrome on and off for many years.

There was a lot of failure and learning along the way. I am grateful that The University of Tennessee College of Law gave me the chance to prove myself (and the support I needed to be successful), and I am blessed to have made a career in teaching law.

December 2023

Eight years ago, I hit the point at which I had to admit that I was no longer a lawyer who became a law professor. Rather, I am now a law professor who is a lawyer. Of my 38 years of practice, I now have taught for more than 23. A subtle switch in emphasis, perhaps, but meaningful to me.

Training and practice in the law has enabled all of this. I have represented major national and international clients in domestic and cross-border transactions. I have advised public companies on compliance and general operations. I have formed and counseled nonprofit and for-profit entities. I have assisted refugees in obtaining asylum in the United States. I have helped tenants enforce their rights in and out of court. I have taught and mentored a generation of lawyers, many of whom are now leaders in their practice areas inside and outside Tennessee. I have helped to make legal and policy changes through my research and writing. And I have had productive and joyful relationships with bar members in two states (including with many of you reading this).

My heart is full as I write this. Truly, I know of few career choices that could have given me so much. As I contemplate and plan for retirement, I see that so clearly. I have been and am so privileged to be a lawyer. I will proudly be one until I die.

DICTA

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WHAT I LEARNED ABOUT INCLUSION AND WHY IT MATTERS By: Sanjay Raman McAngus Goudelock & Courie

IS YOUR DEFINITION OF INCLUSION TRULY INCLUSIVE? In preparing to write this article, I looked back at what had been written on this topic, thought a lot about my experiences, and had many discussions with local attorneys (both minority and non-minority attorneys, new attorneys, and attorneys with many years of experience).

In doing so, I decided I wanted to write about an issue related to inclusion that goes beyond ethnicity, race, gender, age, sexual orientation, or religion. It is something many attorneys have dealt with but is very rarely discussed. My experiences, while limited, are representative of issues attorneys before me have dealt with and young attorneys continue to have to overcome.

These are all things I have been asked by local attorneys during interviews: “Oh, you’re not from Knoxville? You are from New York?

Interesting.”

“How could you possibly connect with the people of East Tennessee? You aren’t from here.”

“So, you don’t have family in Knoxville? How will that work when you have kids?”

“You and your wife don’t want to be close to family?”

“How do we know you won’t leave and go back to New York after we put valuable time and money into training you? It is expensive to train a new lawyer, you know?”

These interview experiences all ended the same way. The interviewer would tell me I would hear from them, one way or another, in a few weeks. I would follow up shortly after the interview thanking them for meeting with me. Several weeks later, I would reach out again but never get a response. Could it have been that I was not qualified or a good fit?

Perhaps. Could it have been because I am a minority and/or biases they had towards minorities? It is possible. Was it that I was not one of them because I am not from Knoxville? That is what I thought after each of these interviews. In addition to having to overcome the difficulties of being a minority in a predominantly White community/profession, I now have the added obstacle of overcoming biases formed about me because of where I lived before moving to Knoxville. These experiences made me question whether I could ever fit into the Knoxville legal community.

The efforts of the local bar to address issues surrounding diversity and inclusion in our profession are admirable and necessary steps in the right direction. Discussions surrounding how to increase minority representation in our bar all seem to have at least one common objective: increasing minority students attending our schools with the hope that they will choose to stay in Knoxville to practice law and serve a community that needs to see more representation. In 2022, 41% of UT Law’s entering class were out-of-state residents, including 1 foreign country. LMU’s 2022 entering class included students from 31 states

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and 1 foreign country. Successful efforts to increase diversity among our student population will most certainly increase the number of outof-state residents attending law school in Knoxville.

Geographic location should not be a barrier to enter the legal profession, especially when many of the minority law students in Knoxville come from other places. The reality is that minority law students already have a difficult journey in getting a seat at the table. Why discourage them even more by pointing out that they are not from here? Is the Knoxville legal community ready to offer opportunities to out-of-state law students, particularly minority students, who already face an uphill battle? If these biases continue to play a role in hiring, the Knoxville legal community will continue to miss out on contributions that our talented and diverse students can offer to our profession.

DICTA

STABILITY Since 1993, our focus has been on preserving our clients’ financial assets, managing growth, and efficiently transferring wealth from one generation to another. We work closely with attorneys to ensure the coordination of our clients’ personal and financial goals.

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865.297.4070 tcvwealth.com

A Tennessee -State Chartered Independent Fiduciary and Fee-Only Wealth Management Firm December 2023

LEGAL UPDATE By: Melissa B. Carrasco

Egerton, McAfee, Armistead & Davis, P.C.

ALL THE WORLD’S A STAGE Act I: Introduction Setting: Nashville, Tennessee State Capital ~ November 9, 2022 It was a nice, autumn day in Nashville, Tennessee—70 degrees, not a cloud in the sky.1 Sometime before 4:00 that afternoon, a bill was filed with the office of the Chief Clerk of the Senate, Russell Henry.2 The clerk on duty labelled the bill “Senate Bill 3” and placed it in the queue for introduction to the Senate. There it sat for two months.

About a month later, on December 7, 2022, its companion bill was filed with the office of the Chief Clerk of the House, Tammy Letzler.3 The clerk on duty labelled the bill “House Bill 9” and placed it in the queue for introduction to the House. Then, it sat while everyone went home for the holidays.

The Bill was unassuming – “an Act to amend Tennessee Code Annotated, Title 7, Chapter 51, Part 14.”4 For those of you feeling confused, Title 7 is entitled, “Consolidated Governments and Local Governmental Functions and Entities.” Chapter 51 is entitled, “Miscellaneous Governmental and Proprietary Functions.” Gather around, children, for another scintillating reading from “Miscellaneous Governmental and Proprietary Functions.” Yawn.

Act II: Right of Passage Setting: Nashville, Tennessee State Capital ~ January 10, 2023 The first organizational day of the 113th General Assembly, Speaker McNally called the Senate to Order, and the Honorable William Koch, Jr. administered the oath to dozens of newly elected Senators.5 After the adoption of a lengthy set of procedural rules,6 Senator Jack Johnson made a motion to pass on first consideration Senate Bills 1-5 and 7-93.

Without any fanfare, SB0003 survived the first round.7 In the House, the same thing was happening to HB0009.8 The House sent a message informing the Senate that they had completed their first Organizational Day . . . then everyone went home.9 Organizational Day 2 was more of the same. SB0003 and HB0009 each passed on second consideration.10 Then, they were assigned to their respective committees, and everyone got to listen to a most interesting committee report reviewing the audits and operations of the Comptroller of the Treasury.11 Nothing to see here.

SB0003 and HB0009 made it out of their respective committees with an amendment by the House, and after a bit of debate in the House (the videos indicate that there was some shouting), both bills came up for vote. But SB0003 and HB0009 navigated the legislative process relatively drama-free until February 23, 2023. That was the day the House substituted SB0003 (as amended) for HB0009, and then both the House and the Senate passed SB0003 on third and final consideration.12 That was also the day Senate Bill 3 made its first headlines.

Act III: It does what?????

Setting: Nashville, Tennessee, The Tennessean ~ February 23, 2023 HEADLINE: “Tennessee passes controversial drag show bill.”13 “The Tennessee General Assembly has passed legislation to prohibit ‘adult-oriented’ entertainment from public property and restrict it to agerestricted venues in legislation filed after a flurry of controversies over drag shows across the state.”14 The article was somewhat accurate.

Senate Bill 3 (the “Adult Entertainment Act” after the Governor signed it) amended T.C.A. § 7-51-1407 which is entitled “Prohibited locations.”15 Prior to April 1, 2023,16 this section simply required “adultoriented establishments” and “adult cabarets” to be located at least 1,000 feet from a child care facility, school, public park, family recreation center, residence, or place of worship.17 December 2023

The AEA did four things. First, it made it a Class A misdemeanor (first offense) or Class E felony “for a person to perform ‘adult cabaret entertainment’: (A) on public property; or (B) in a location where the adult cabaret entertainment could be viewed by a person who is not an adult.”18 It also expressly preempted any city, county, or other political subdivision from adopting or enforcing an ordinance in conflict with the statute.19 Second, it added a new, defined term—“adult cabaret entertainment”—to the definitions section, which already included definitions of “adult cabaret”20 and “adult entertainment.”21 “‘Adult cabaret entertainment’ (A) means adult-oriented performances that are harmful to minors, as that term is defined in § 39-17-901, and that feature topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers; and (B) includes a single performance or multiple performances by an entertainer.”

Third, it defined “Entertainer” as a person who provides “(A) entertainment within an adult-oriented establishment . . . or (B) a performance of actual or simulated specified sexual activities . . . .”22 You can read the statute if you want more details.

Fourth, it violated the First Amendment.

Act IV: The First Amendment is First Setting: Memphis, Tennessee, USDC Western District of Tennessee ~ March 27, 2023 Days before the AEA went into effect, Friends of George’s, Inc., a Memphis non-profit that produces “drag-centric performances, comedy sketches, and plays” filed suit seeking an injunction under 42 U.S.C. § 1983.23 Initially, it sued the State, Governor, and AG, but when Eleventh Amendment Immunity reared its ugly head, they added Shelby County District Attorney General Steven Mulroy and dismissed the other defendants.24 One day before the law’s effective date, the Court issued a TRO.25 Then, after a two-day combination preliminary injunction hearing and trial on the merits, the Court permanently enjoined what once was SB0003 finding, on its face, it was both a content-based restriction and a viewpoint-based restriction of speech protected by the First Amendment.26 That meant strict scrutiny review, and although the Defendant articulated a compelling state interest in protecting minors from indecent messages, the statute was not narrowly tailored to achieve that interest.27 Holding: “the Adult Entertainment Act (“AEA”) is an UNCONSTITUTIONAL restriction on the freedom of speech and PERMANENTLY ENJOINS Defendant Steven Mulroy from enforcing the unconstitutional statute.”28 Encore: The First Amendment in the Sixth Circuit Setting: Cincinnati, Ohio, Potter Stewart U.S. Courthouse ~ June 30, 2023 Knoxville, Howard H. Baker, Jr. U.S. Courthouse ~ Sept. 1, 2023 The State of Tennessee, on behalf of District Attorney General Mulroy, appealed. Briefs have been filed, amici and intervenors have appeared, and currently, everyone is waiting for the State of Tennessee/ DA Mulroy to file a reply brief, currently due on November 27, 2023.

Next will be oral argument, and at some point, there will be an opinion.

In the meantime, both the Tennessee AG and at least one Tennessee DA have taken the Friends of George’s, Inc. ruling quite literally.29 After all, the order only enjoined Memphis District Attorney Mulroy from continued on page 27

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11

HELLO MY NAME IS By: Bridget J. Pyman

Arnett, Baker, Draper & Hagood, LLP

VICTORIA GLASSCOCK December’s “Hello My Name Is…” Q&A features Victoria Glasscock, an associate attorney at Egerton, McAfee, Armistead & Davis, P.C. Victoria received her undergraduate degree from University of Tennessee, then attended and graduated from Wake Forest University School of Law in 2021, and she now practices corporate transactional law.

Victoria is actively involved in the KBA and in the Knoxville community. Significantly, Victoria devotes her time and energy to walking alongside and empowering incarcerated and recently released women as they work to recover, re-establish, or establish for the first time, a grounded sense of purpose and stability in their lives. In so doing, she carries on her father’s legacy of compassion and devotion to that underprivileged population.

After reading Victoria’s responses, I’m sure you, like me, will find yourself thankful that the KBA enjoys the honor of participation from this servant-leader.

was to share with them the love of Jesus and to help them find healing and restoration to their families and communities. Dad visited the Knox County Detention Facility every Thursday evening for years without fail, where he would develop genuine friendships, share life skills, and boldly proclaim the gospel, inviting “his boys” to turn to Jesus. Jail can be a dark and scary place, but that never stopped my dad from stepping into that darkness with love and light.

Days before Dad passed, he told my mom and me that he needed to collect Bibles for his boys to use in their weekly study. In lieu of flowers at his funeral, Dad’s friends donated almost $7,000, which has been used to purchase hundreds of Bibles for local jails and to support local prison ministries in his memory.

My dad is the greatest man I have ever known. He inspires me to be fearless – not just for the sake of fearlessness – but for the purpose of fearlessly loving people in Jesus’ name and making a real impact.

Where are you from?

Knoxville, Tennessee.

What is your favorite thing to do with your family?

I love cooking dinner for friends with my husband Kellen (We recently got married in August!), and on weekends, you can usually find me browsing thrift and antique stores with my mom.

Is there a person who has made a particularly significant impact on your life?

My father, Jack Dishner, has perhaps impacted my life most significantly. He passed away last November unexpectedly, and his loss (but most importantly, his life) has forever changed me. My dad was fearless. A bodybuilder and military man in his youth and an explorer and avid outdoorsman until his last day, there was no challenge too daunting for him. His fearlessness was only rivaled by his love for people. My father was a faithful friend, and he cared deeply for people experiencing homelessness and individuals who were incarcerated.

Dad’s life’s mission

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Are you involved with any groups in the community?

I am honored to serve on the Board for FOCUS Ministries, a Knoxville-based community-reentry program that, for 30 years, has been empowering incarcerated and newly released women to break generational cycles of addiction and incarceration so they can walk in the true freedom of Christ. FOCUS provides strategic programming inside correctional facilities and comprehensive support after incarceration, including therapeutic homes, case management, transportation to jobs, and more. FOCUS operates a newly-renovated transitional home on Emory Road and a sober-living home in Knoxville, which together house up to 18 ladies.

This program employs a strength-based approach to help women overcome past trauma and build resilience. It not only reduces recidivism but also empowers women to make meaningful contributions to their families and communities.

For example, program participants have attended culinary school, obtained CDL licenses, completed management job training, and 14 ladies have reunited with their children this year alone.1 1

DICTA

If you are interested in donating to, or volunteering with, FOCUS, please reach out to Victoria at vglasscock@emlaw.com or visit https://focustn.org/ to learn more.

December 2023

LEADERSHIP LESSONS By: Jack H. (Nick) McCall

WHAT DOES TED LASSO HAVE TO TEACH US ABOUT LAW AND LEADERSHIP? While its original Apple TV run ended in May, “Ted Lasso”—with Jason Sudeikis in the title role as a college football coach, transplanted to lead a struggling English football (our “soccer”) team—remains highly popular.

PLOT-SPOILER ALERT: If you, like Marsha Watson, have not seen “Ted Lasso,” or if you do not wish to learn aspects of the plot: read no further. If you read this before seeing this warning, just be a goldfish. (You will get the reference if you keep reading—but darn it, if you haven’t seen the show and you do keep reading, well, that’s your own fault.) For those with sensitivities, the show’s language is often “salty.”

Like Ted Lasso, one need not be a longtime football (oops, soccer) expert to enjoy this show. Its cast includes Hannah Waddingham as Rebecca, ex-wife of AFC Richmond’s former owner, who hires Ted secretly to destroy her ex’s beloved team but is captivated by the good in Ted; Brett Goldstein as Roy Kent, grouchy, foulmouthed and aging team captain who finds he has a second, even third, act; Juno Temple as Keeley Jones, an “influencer” who learns through Rebecca’s mentoring that she can lean in and truly influence others; Nick Mohammed as Nate Shelley, Richmond’s equipment manager, who eventually coaches a rival team; and Phil Dunster as Jamie Tartt, Roy’s younger, self-centered rival as hometown (and Keeley’s) favorite.

Garnering multiple Emmys and Emmy nominations, “Ted Lasso” is not just a comedy about a sports team, or culture clashes between English players and fans vs. the good-natured Ted and his enigmatic, laconic assistant, Coach Beard (Brendan Hunt). It is often hysterically funny. It holds plenty of dramatic moments and deep truths plus bracing positivity.

It can tell us a lot about leadership and the practice of law.

You heard me right: “Ted Lasso” offers lawyers a good deal worth consideration. The series is highly quotable, not just from Ted’s own pearls of wisdom but also for its other characters’ insights.

1. “Be a goldfish”: After a tough loss, Ted asks the team which animal has the worst memory in the animal kingdom: it is the goldfish.

“Be a goldfish” means: shake it off. Let it go, and forget it. Live and fight another day.

We lawyers have a hard time forgetting; it often runs against our professional training and character. There will always be bad days and hard losses, and while we must learn from them, we don’t want them to psych us out. When this happens, just be a goldfish.

2. Football is life: The motto of Dani Rojas (Cristo Fernandez), it keeps him sunny and energized. It fails him when he accidentally kills Richmond’s mascot, Earl. However, after meeting Dr. Sharon (read on), Dani’s optimism returns. He opines: “Sometimes, football is death.

Sometimes, football is just football. But mainly [smiling], football is life.”

Replace “football” with “law,” and I think the observation still holds December 2023

true. Whatever it is that drives you on, that which gets you up: that is where you derive your essence, your “secret sauce.” For Dani, it is football.

For legal happy warriors, it is law.

3. “I think things come into our lives to help us get from one place to a better one”: Ted tells this to Dani, to help Dani come to terms with accidentally killing Earl. One need not believe in fate or predestination to know that we must learn and grow from whatever life (and/or the practice of law) pitches our way.

4. “Doing the right thing is never the wrong thing”: Ted speaks out to the press after his young team member Sam (Toheeb Jimoh) has spoken against a corrupt corporation that is blighting his homeland in Nigeria; unfortunately, this is also one of Richmond’s sponsors. Inside us, most lawyers know the honesty and power of this statement. Speaking of truth…

5. The power of truth: A crucial character in the show’s arc is Richmond’s team psychiatrist, Dr. Sharon (Sarah Niles). Ted finds that he needs Dr. Sharon’s insights. As he worries about what she might find out about him, Dr. Sharon quotes Gloria Steinem: “The truth will set you free—but, first, it will p**s you off.” (How many times have I thought about having this inscribed on a plaque, for potential clients to read at our initial meeting!)

6. Mentoring: The series includes heartfelt depictions of female friendships and mentoring. When Keeley worries that her need to move on will hurt her mentor Rebecca, Leslie Higgins ( Jeremy Swift), Rebecca’s assistant and director of operations, replies: “A good mentor hopes you move on; a great mentor knows you will.” All real leaders and mentors know this to be so.

7. “Believe”: Inscribed over the coaches’ office, this is what Ted calls the key “missing ingredient” to any team’s success. Belief in oneself; in one’s teammates; in the mission—it all fits together. One can be a fearsome player (or lawyer), but if one does not believe in the thing to be done, something vital is missing.

8. Higgins’ last word: Higgins opines to Roy, Nate and Coaches Lasso and Beard, as they discuss growth and change, what can be the series’ epigram: Human beings are never going to be perfect… The best we can do is to keep asking for help and accepting it when you can. And if you can keep on doing that, you’ll always be moving towards better.

With clients, opposing counsel, partners, colleagues—and in our outside lives—who can ask for more out of our fellow human beings, or ourselves?

“Ted Lasso” aims for a spirit of diversity and inclusiveness, and posits a theory that even the most misplaced, lost or damaged souls can still grow and find a home, a family. In this, it succeeds, with heart, humor, and wisdom.

DICTA

13

AROUND THE BAR

2023 Annual Meeting & Elections Notice KBA President Loretta G. Cravens will preside over the Annual Membership Meeting on Friday, December 8, 2023, at 8:30 a.m. at the Main Assembly Room of the City County Building. At the end of the meeting, Carlos A. Yunsan will be sworn in as KBA President.

The KBA Annual Meeting and Elections is one of the most important events of the year, and we encourage all members to attend. It is an opportunity for members to gather and review the activities of the Association over the past year. Members will elect the Board of Governors, celebrate award recipients, extend well wishes to retiring Executive Director Marsha Watson, and learn about plans for 2024.

The Nominating Committee for the Officers and Board of Governors of the Knoxville Bar Association for the upcoming year is comprised of Chair Carlos A. Yunsan, Allison S. Jackson, Michelle Kwon, Vanessa Samano, Hon. Hector I. Sanchez, Hanson R. Tipton, and Broderick L. Young.

The Nominating Committee, having met, recommends that the following, all of whom are members of the Knoxville Bar Association, be placed in nomination at the Annual Meeting: President-Elect: Treasurer: Secretary:

Jonathan D. Cooper Rachel Park Hurt Ursula Bailey

There are four open positions on the Board of Governors. Three of the Board of Governor positions will be for three-year terms. The fourth is the one-year term government/public sector position. Nominations to fill the open positions on the Board of Governors are the following: BOARD MEMBER: Three-Year Terms (VOTE FOR THREE) Melissa B. Carrasco Hannah S. Lowe Devin S. DeVore James R. Stovall Ian P. Hennessey Alicia J. Teubert BOARD MEMBER: Government/Public Sector Position: One-Year Term: Joan M. Heminway, UT College of Law

ABSENTEE BALLOTS - VOTING IN THE KBA ELECTIONS Any member in good standing who personally comes to the KBA offices during regular business hours from Tuesday, November 21 through Thursday, December 7, will be permitted to vote.

The member must first file a written form making oath that he or she will not be in town or otherwise be unable to attend the Annual Meeting. Then the member will be permitted to cast an absentee ballot for such officer or board positions as may be contested.

KBA Business Hours: November 21: 9 a.m. - 5 p.m.

November 22: 9 a.m. – 12 p.m.

November 23 & 24: Closed November 27- December 7: 9 a.m. – 5 p.m.

According to Article VI, Section 1, of the KBA By-Laws: "Nominations may also be made from the floor during the Annual Meeting by any member in good standing."

To expedite check-in for the Annual Meeting, members should register on the KBA website before 5 p.m. on December 7.

To register, click on December 8 in the event calendar at www.knoxbar.org. Candidate bios may be viewed online.

Pursuant to the Bylaws change approved at the Annual Meeting in 1996, members are permitted to vote in the election by absentee ballot. The provisions are included on the back of this page.

During the Annual Meeting, the membership will be requested to vote on a change in the KBA dues structure beginning in 2024. The KBA Board of Governors has recommended a dues increase in the amount of $20 per member, bringing the annual membership dues to $165 for those licensed less than five years and $215 for those members licensed five years or more.

Members in special dues categories (Law Professors, Court Clerks, Government & Public Sector Lawyers) will pay $165 in annual membership dues. In accordance with Article III, Section 1, "Each member shall pay to the Association in advance annual dues in categories and amounts as shall from time to time be recommended by the Board of Governors and approved by the members of the Association.” The last membership dues increase occurred in 2017.

All judges have been requested to delay court until 10:00 a.m. on the morning of Friday, December 8, 2023.

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DICTA

December 2023

SIMPLE THINGS By: Melissa B. Carrasco

Egerton, McAfee, Armistead & Davis, P.C.

TOGETHER The air temperature that night was thirty-six degrees.1 The water was much colder. It had already been a miserable couple of days for Captain Hans Danielsen and his 130-member crew since they left Newfoundland five days before.2 The weather was stormy, and Sgt. Ernest Heaton reported 50foot waves.3 The ship was built to accommodate around 400 people— passengers and crew. For this trip, there were 904 people aboard.4 Needless to say, the accommodations were a little bit cramped.

But, no one boarded that ship expecting a Carnival cruise. It was February 2, 1943, and the USS Dorchester was headed to the U.S. base in Narsarssuak, Greenland carrying 597 soldiers, 171 civilians, and a thousand tons of supplies.5 The world was at war. Naval engineers were still cleaning up the wreckage of Pearl Harbor. The men aboard the Dorchester knew their cramped bunks and meager meals on the ship might be the most comfort they would have for a while.

But, the SS Dorchester was not alone that night. Hidden by the storms, the U-233 had been tracking its movements for hours.6 Captain Danielsen knew there was a U-boat in the area but as long as the U-233 stayed at the surface, the Dorchester’s sonar could not detect it.7 That night, he ordered everyone aboard to sleep in their clothes and life jackets.8 Just after midnight, on February 3, 1943, the U-233 fired three torpedoes at the Dorchester. Only one hit its target, but that one was deadly.9 It struck just below the waterline near the engine room, and it ripped a hole in the starboard side all the way to the top deck.10 The explosion and freezing water that flooded in killed nearly one-third of the men aboard within the first couple of minutes.11 Only two of the fourteen lifeboats could be launched, and only 33 men made it into the boats.12 That left the rest of the men with a Hobson’s choice: enter the icy waters or stay with the ship. The odds of surviving either were miniscule, and according to survivors, the panic was tangible.13 But, there were four men on board who did not panic. Father John P. Washington was a thirty-five-year-old Catholic priest. He tried to join the Navy after Pearl Harbor, but the Navy turned him down because he was blind in one eye. So, he turned to the Army and managed to “accidentally” cover the bad eye both times during the eye test. The Army let him in, and he became a chaplain. Within months of enlistment, he wrote to Army Headquarters asking them to transfer him overseas. The Army obliged and put him on the Dorchester.14 George L. Fox was a forty-three-year-old Methodist minister. He had already earned a Silver Star as a medic in World War I and was serving as an itinerant minister in Vermont when Pearl Harbor was attacked. He re-enlisted in the Army as a chaplain the same day that his son enlisted in the Marine Corps. He too was on the Dorchester.15 Clark V. Poling had preaching in his blood. He was the seventh generation of ministers and was the pastor of the First Reformed Church in Schenectady, New York. He enlisted in the Army as a chaplain shortly after Pearl Harbor, and, at the age of thirty-three, found himself on the Dorchester headed to Greenland.16 Rabbi Alexander D. Goode also had ministry in his blood. His father was a rabbi, and after he graduated from Eastern High School in Washington, D.C., he married a rabbi’s daughter. He was the Rabbi of December 2023

Beth Israel synagogue in York, Pennsylvania when he got the news about Pearl Harbor. He previously tried to join the Navy in January 1941, but like Father Washington, he was rejected. All of that changed after Pearl Harbor. The Army Air Forces allowed him to enlist. So, at the age of thirty-two, he joined Father Washington, RevLt. Fox and RevLt. Poling as the fourth chaplain on board the Dorchester.17 The night before the attack, the chaplains tried to organize a talent show to keep up morale, but the storms made that impossible. So, they opted for a party in the mess, and then Father Washington held mass attended by people of many different faiths.18 After the explosion, the chaplains headed to the deck. They passed out life jackets to those who disobeyed the Captain’s order earlier that night to sleep in their life jackets. Father Washington gave absolution to men as they jumped over the side. Soldier after soldier told them to abandon the ship, but they refused.19 In the chaos, they heard a voice, “I can’t find my life jacket.” “Here’s one, soldier” was the response. It was Chaplain Fox. He took off his life jacket and put it on the soldier. Lieutenant Mahoney started to go back to get the gloves he had left behind. Chaplain Goode stopped him.

“Don’t bother Mahoney. I have another pair.” Chaplain Goode took the gloves off his hands and gave them to Lieutenant Mahoney.20 Survivors say they were last seen standing on the deck, praying in the middle of a group of men as the ship sank barely 30 minutes after being struck. 21 Only 229 people survived. None of them forgot the Chaplains.22 What make a day significant? What makes a person extraordinary?

Sometimes, it is easy to tell when the world has shifted under humanity’s collective feet. But most of the time, what makes a person extraordinary is found in the simple things they do. Faithfully representing clients when the odds are stacked against them, adding a couple of words to a resolution, creating a process to bring confidence and a sense of beauty to all, carrying a can of Diet Dr. Pepper to a downstairs desk—even the least influential person is extraordinary when doing the simple things well.

1

2

3

4

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

DICTA

This article was adapted from an article previously published in the February 2019 issue of DICTA. It has been modified and adapted for the December 2023 issue.

Command Sergeant Major James H. Clifford, USA-Ret. No Greater Glory: The Four Chaplains & the Sinking of the USAT Dorchester, available at https://armyhistory. org/no-greater-glory-the-four-chaplains-and-the-sinking-of-the-usat-dorchester.

Video Interview of survivor Sgt. Ernest Heaton, available at https://www.youtube. com/watch?v=99ozaYa9fB4.

Dorchester Army Troop Transport, https://uboat.net/allies/merchants/ship/2616. html (last visited Nov. 11, 2023).

Id. Id. Clifford, supra n. 1.

Dorchester Army Troop Transport, supra n. 3.

Id. Clifford, supra n. 1.

Id. Dorchester Army Troop Transport, supra n. 3.

Clifford, supra n. 1.

Id. Id. Id. Id. Id. Id. Id. Interview of Sgt. Ernest Heaton, supra n. 2.

Dorchester Army Troop Transport, supra n. 3.

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COMMERCIAL PAINTING COMPANY V. WEITZ: TENNESSEE SUPREME COURT CONFINES ECONOMIC LOSS DOCTRINE TO PRODUCTS LIABILITY CASES In a recent 3-2 decision, the Tennessee Supreme Court restricted the application of the economic loss doctrine to products liability cases and reinstated an award of $3,900,000 in punitive damages and $2,083,362.12 in pre-judgment interest in a commercial construction case in which the subcontract between the parties did not allow for punitive damages or interest. To explain the decision in Commercial Painting Company Inc. v. Wietz Company LLC, No. W2019-02089-SCR11-CV (Tenn. Sept. 28, 2023)(Commercial Painting), the following is a brief discussion of the development of the economic loss doctrine in Tennessee, the factual background of the case, and the rationales for the Supreme Court’s majority and dissenting opinions.

Development of Economic Loss Doctrine in Tennessee The economic loss doctrine is a common law rule that bars contracting parties from recovering in tort for purely economic losses associated with a contract relationship. The doctrine “was developed in response to modern products liability law from a concern that products liability and tort law would erode or consume contract law.”1 In 2009, the Tennessee Supreme Court joined the United States Supreme Court and a majority of other jurisdictions when it held that tort recovery is barred when a defective product causes only economic losses or damage to the product itself because the “remedies available . . . should derive from the parties’ agreements, not from the law of torts,” to avoid disrupting “the parties’ allocation of risk.”2 In Milan Supply Chain Solutions, Inc. v. Navistar, 627 S.W.3d 125 (Tenn. 2021) (Milan), the Tennessee Supreme Court refined the economic loss doctrine further when it refused to create a broad exception to the doctrine for fraud claims. Instead, the Court held that the doctrine would bar even fraudulent inducement claims seeking only economic losses when sophisticated commercial business entities enter a contract and “the only misrepresentation[s] by the dishonest party concern[] the quality or character of the goods sold.”3 The Court reasoned that when “the alleged fraud concerns pre-contractual misrepresentations and nondisclosures about the quality, reliability, and character of the goods that are the subject of a contract between sophisticated business entities, Tennessee’s interest in freedom of contract prevails, and the economic loss doctrine applies.”4 However, the Court “expressly stop[ped] short ‘of resolving the broad question of whether

16

there may ever be a fraudulent inducement exception to the economic loss rule’ in Tennessee” and explained that its ruling sought to strike “a careful balance of two concepts crucial to Tennessee law—freedom of contract and abhorrence of fraud.”5 Commercial Painting is the first case in which the Tennessee Supreme Court confronted the issue of whether the economic loss doctrine would extend outside the products liability context to bar tort claims arising out of contracts for services. The case involved sophisticated parties who entered into a detailed, fully-integrated commercial construction contract that expressly limited available remedies. So, it presented as compelling an invitation as any for the extension of the economic loss doctrine. As in Milan, the Court balanced the law’s role in preserving the freedom of contract against its duty to protect against fraud and dishonesty, but this time the Court struck the balance in favor of the protection against fraud and dishonesty tort remedies provide.

Factual Background Commercial Painting involved disputes between a drywall subcontractor (Commercial Painting) and the general contractor (Weitz) for a multibuilding retirement community. Weitz and Commercial Painting entered a subcontract for Commercial Painting to perform drywall work on the project that incorporated a project schedule and limited the circumstances under which Commercial Painting would be entitled to an extension of time to do its work and compensation for delays in the project.6 The subcontract limited Commercial Painting’s remedies in the event of project delays, and Commercial Painting expressly “waive[d] and release[d] [Weitz] from any and all [c]laims for such delay damages, including without limitation [c] laims attributable to breach of contract or tort.”7 In a provision titled “Contract Terms Control,” the subcontract provided that Weitz would not be obligated to pay Commercial Painting “any anticipatory profit or indirect, special or consequential damages, however caused” and specified “that Commercial Painting was ‘waiv[ing] all such [c]laims.’”8 Commercial Painting also “‘specifically agreed that it shall not be entitled to assert . . . any [c]laims in quantum meruit, interest on late payments, or any other measure of damages other than as specifically provided’” in the subcontract.9

DICTA

December 2023

COVER STORY By: Shannon van Tol Anderson Busby PLLC

Commercial Painting sued for breach of contract to collect amounts owed for its work on the project and amended its complaint to seek punitive damages against Weitz and to include claims for unjust enrichment, fraud, and intentional and negligent misrepresentation.10 At trial, Commercial Painting presented “evidence that Weitz misled it from the outset of the relationship by misrepresenting how far behind schedule the project was, bids submitted by other subcontractors, and the existence of [an] agreement [between Weitz and the owner] for extension of time to complete the project.”11 The jury awarded Commercial Painting compensatory damages in the amount of $1,729,122.46 on its breach of contract, unjust enrichment, intentional misrepresentation and payment bond claims12 and “awarded Commercial Painting $3,900,000 in punitive damages.”13 After reducing the amount to account for a payment Weitz made, the trial court entered a judgment against Weitz in the total amount of $8,359,863.83 which included the jury’s award of compensatory and punitive damages, an award of $2,083,362.16 for pre-judgment interest, and an award of $1,103,549.27 for litigation costs and attorney fees.

The Tennessee Court of Appeals reversed the judgment for intentional misrepresentation and awards of punitive damages and prejudgment interest because it held that the economic loss doctrine barred the tort claim and remedies that were prohibited by the subcontract.14 The Court of Appeals reasoned that the rationale for the economic loss doctrine and the Tennessee Supreme Court’s holding in Milan applied with “equal force outside the products liability context when the contract at issue was negotiated between sophisticated commercial entities.”15 Supreme Court Rationales In the majority opinion, authored by Justice Sharon G. Lee and joined by then-Chief Justice Page and Justice Kirby, the Tennessee Supreme Court reversed the ruling of the Tennessee Court of Appeals and held that “the economic loss doctrine only applies in products liability cases and should not be extended to other claims.”16 Both the majority and the dissenting opinion, filed by Justice Sarah K. Campbell and joined by Justice Bivens, are well-written, well-researched, and contain compelling legal and policy analyses. The divided Court simply disagreed about the extent to which expansion of the economic loss doctrine in Tennessee would create uncertainty in the law and about how to weigh the competing policy considerations.

The majority reasons that extension of the economic loss doctrine to contracts for services would require “‘very numerous and confusing’ exceptions.”17 In support, the majority cites law review articles, cases from several jurisdictions that extend the economic loss doctrine beyond products liability cases but carve out exceptions, and appellate decisions from Wisconsin, Florida, Minnesota, and Michigan that refuse to extend the doctrine to bar tort claims arising out of contracts for services.

For the majority, expanding the economic loss doctrine “beyond product liability cases would threaten contracting parties for services, who are not covered by the significant protections afforded by the Uniform Commercial Code.”18 Quoting the District Court for the Western District of Tennessee, the majority explains that applying the economic loss doctrine to cases involving defective products makes sense “because the Uniform Commercial Code (‘UCC’) sets forth the full series of rights and remedies available to an aggrieved purchaser who suffers only economic losses . . . .If the existence of the UCC remedies provides the justification for not allowing the plaintiff to sue in tort, the absence of December 2023

UCC remedies counsel in favor of allowing tort recovery.”19 The majority suggests that expansion of the doctrine to service contracts would threaten “to extinguish tort claims, long recognized as legitimate and viable,” for less sophisticated people entering into more informal contracts for services.20 Extension of the doctrine would also threaten “to engulf longstanding common law torts for the inadequate or incompetent performance of professional services.” 21 The majority acknowledges Weitz’s and the amici’s arguments that allowing tort recovery would “‘frustrate[] the ability of contracting parties to reliably allocate the risks and costs during their bargaining and to then build cost considerations into their contracts.’”22 However, the majority tempers the compelling interest of preserving the freedom to contract with the need for a legal system that protects parties from fraud and dishonesty: One party need not have to consider another party’s fraud among the potential risks and costs when negotiating a contract in good faith. Parties to a contract—even sophisticated parties—“cannot, and should not be expected to anticipate fraud and dishonesty in every transaction.” . . . To hold otherwise would increase the risk of fostering a legal system tending to place the risk of fraudulent behavior on the defrauded party rather than the perpetrator. Contracting parties in Tennessee, including those in the construction industry, should not have to factor into their decision to enter a contract the potential for fraud or another party’s dishonesty.23 For the majority, the interest in allowing tort remedies to protect against fraud and dishonesty prevails. There is no need to extend the economic loss doctrine to protect parties who contract for services from the risk of disproportionate liability because the “common law of damages, contracts and torts has developed to adequately equip courts to guard against and reject the claims that involve overly speculative, excessive or unforeseeable losses.”24 For the dissent, the policies of preserving the boundary between contract and tort law and allowing parties the freedom to contractually allocate the risk of economic loss in order to promote certainty in commercial transactions justify the extension of the economic loss doctrine to claims arising out of contracts for services. The dissent finds “no principled basis to distinguish” contracts for goods from contracts for services and expresses concern that “the majority opinion opens the door to any and all tort claims, including those alleging nothing more than negligent performance of the contract.”25 The dissent disagrees that existing common-law principles suffice as an adequate substitute for extension of the doctrine and also disagrees that expansion of the economic loss doctrine would result in unnecessary confusion. In the dissent’s view the “decision to cabin the economic-loss doctrine to products liability cases is likely to create some confusion of its own” as courts are faced with “questions about contracts for items that are neither clearly goods nor clearly services and hybrid contracts involving both goods and services.”26 Conclusion Commercial Painting clearly confines the application of the economic loss doctrine to products liability cases. The case should serve to warn parties entering into construction and other service contracts in Tennessee that they cannot effectively contract away all liability in tort continued on page 28

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IN LIMINE: PROFILING FUTURE JDS By: Jordan Houser LMU Law Director of Career Services and Alumni Relations

JASMINE STEELE

LMU DUNCAN SCHOOL OF LAW, CLASS OF 2025 Growing up, the phrase “you’d make a good lawyer” became a common refrain for Jasmine Steele. Jasmine describes herself as possessing “an unwavering determination and a reputation for being unyielding in arguments,” even in childhood. Born and raised in Nashville, Tennessee, Jasmine relocated to Knoxville to pursue both a Juris Doctor and a Master of Science in Criminal Justice at the Lincoln Memorial University Duncan School of Law. Despite being a dual-degree law student, Jasmine finds time to be a crucial piece of the LMU Law community through her leadership roles. Jasmine is President of LMU Law’s Black Law Student Association and Secretary of Random Acts of Community Kindness, a student group founded to volunteer and give back to the local community. Prior to law school, Jasmine attended the University of Memphis and earned a Bachelor of Arts in Public Relations, a field in which she found great satisfaction. In describing her subsequent decision to go to law school, Jasmine describes it like a wellresearched calling: As I delved deeper into understanding the role of lawyers, I discovered a profound interest in the ability to positively impact lives through zealous advocacy. Moreover, as I matured, I became acutely aware of the disproportionate impact the legal system has on African-Americans, prompting me to want to join the fight for equitable change and the reform of laws that disproportionately affect my community.

When prompted with the question of why she chose Knoxville and LMU Law, Jasmine says she “was drawn to the intimate learning environment characterized by small class sizes, which foster a closer connection with professors.” Jasmine says this was a situation in which she thrived during her college years when she could have a personal rapport with her professors. Jasmine also credits LMU Law’s “commitment to providing opportunities for students who may have faced barriers to attending law school,” which resonated with her. Finally, Knoxville was an ideal geographic location for Jasmine, being within a short drive of her family in Nashville.

Jasmine says that her law school experience has been “everything [she] dreamed it would be and then some.” When she was initially elected to her leadership roles, she says she initially felt overwhelmed at the responsibilities she would have, but as time has progressed, she realized she had “a supportive network of peers and mentors to rely on.”

Jasmine singles out Torts, Property, and Secured Transactions as the classes that have been most interesting to her thus far. Jasmine also holds a deep appreciation for her coursework that focuses not only on the doctrinal and substantive law, but also on the historical and oftentimes racial context that was present when the laws she is studying were

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drafted. She says that approaching these sensitive issues within a larger context “created a transformative learning experience” for her and her peers.

When you meet with Jasmine and hear her talk about her career goals, it becomes immediately clear that Jasmine is a driven person with a passion for the law. When inquiring about her preferred practice areas, Jasmine answered with a purposeful response: Every law student grapples with this question, and selecting a specific legal focus can be a challenge. Prior to entering law school, I entertained the idea of becoming an entertainment lawyer, partly enticed by the potential financial rewards. However, once I took my first Contracts course, my perspective shifted, and I realized that area of law was not aligned with my interests and aspirations (apologies to the contracts enthusiasts). Currently, I find myself increasingly drawn to criminal law and criminal justice. This field resonates deeply with my personal values and reflects the impact I aspire to make within the community I am passionate about serving.

When Jasmine is not hard at work completing her two graduate degrees, she spends time with family, which holds a special place in her life. Jasmine also somehow finds time for travel, volunteer work through her church, and various arts and crafts projects. Jasmine is also a devoted cat lover, and she says her two feline companions Salt and Haze “reign supreme in their domain, dictating the rules and doing as they please” in her home.

Jasmine says her ultimate “why” with respect to being a future attorney is that she believes that everyone deserves zealous representation, but not everyone has the privilege of receiving it. Jasmine expresses her aspiration “to foster a sense of trust within [her] community towards the legal profession, enabling them to access the information and understanding necessary to navigate the justice system.” She also says that the biggest lesson learned so far from her time in law school is: “I am here for a reason, and I intend to follow this path no matter how many obstacles occur or how discouraging it may become.” With such a focus on her future and a fearless confidence in her abilities, there is no doubt that Jasmine will accomplish her goals. *Hiring Footnote* Students frequently ask what name they should include in the salutation of a cover letter for a job posting that does not provide an individual’s name. Sometimes, we as career services professionals can assist in locating the correct name. In many circumstances, however, it is either unclear or impossible to determine to whom the letter should be addressed. In this situation, we normally advise students to use the general “Dear Hiring Manager:” or “Dear Hiring Committee:” as a salutation to avoid the somewhat cold and impersonal “To Whom It May Concern.” So, if you see these general salutations in student cover letters, this is often why. We always appreciate being able to offer a particular name for students to address their letters to, so remember to include that information if your organization would like all the application materials routed and addressed to the same individual.

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December 2023

SCHOOLED IN ETHICS By: Alex B. Long

Williford Gragg Distinguished Professor of Law University of Tennessee College of Law

CHARGE IT! NEW BPR OPINION OFFERS ADVICE ON AN ATTORNEY’S ACCEPTANCE OF CREDIT CARD PAYMENTS In August of this year, the Tennessee Board of Professional Responsibility (BPR) issued a new formal ethics opinion (Op. 2023F-170) that offers guidelines for an attorney’s acceptance of credit card payments or payment processing services (like Venmo).1 In the process, the BPR vacated a pair of older opinions on the general subject.2 Here are some of the chief concerns with accepting credit card payment or payment process services identified by the opinion as well as the BPRs’ guidelines for dealing with the concerns: 1.

Client confidentiality concerns As the opinion notes, one concern in accepting payment by credit cards or payment processing services is client confidentiality. TRPC Rule 1.6(a) prohibits a lawyer from revealing information relating to the representation of a client. The fact that a lawyer represents a client is information that is protected by Rule 1.6(a). So, unless a client consents to the disclosure of this information (or such disclosure is otherwise impliedly authorized or permitted through an exception), a lawyer may not disclose the fact that the lawyer represents a particular client. This would include disclosure of a client’s identity to a credit card company.

Thus, the opinion explains that a lawyer “should advise clients that certain information such as the client’s identity will be revealed to the credit card company in credit card transactions and the kind of information that is likely to be disclosed.”

The use of payment processing services (such as LawPay or Venmo) presents similar confidentiality concerns. When I use Venmo to pay the nice person who trims my dog’s toenails because I’m afraid to, Venmo requires me to provide a description of what the funds are being used for (in my case, a dog emoji). Venmo’s privacy settings allow users to make these descriptions public or private. Under Rule 1.6(d), lawyers have an ethical obligation to make reasonable efforts to prevent the inadvertent or unauthorized disclosure of information relating to the representation of a client. Thus, the opinion advises, a lawyer using Venmo “should always select the most secure privacy setting to protect against unwanted disclosure of information relating to the client’s representation.”

Moreover, a lawyer’s obligation under Rule 1.6(d) to take reasonable steps necessary to avoid inadvertent disclosure of information requires a lawyer to advise clients about steps they can take to avoid unwanted disclosure.

Thus, the opinion recommends including language like the following in a retainer agreement: As a convenience to our clients, we accept payment for our services via certain online payment-processing services. The use of these services carries potential privacy and confidentiality risks. Before using one of these services, you should review and elect the privacy setting that ensures that information relating to our representation of you is not inadvertently

disclosed to the public at large.

2.

Who is responsible for transaction fees?

Credit card transactions sometimes involve fees, thus raising the question of whether the lawyer or the client should be responsible for such fees. Rule 1.5 requires a lawyer to charge a reasonable fee.

Comment 1 to the rule explains that the rule also applies to expenses associated with the representation. The comment further explains that a lawyer may seek reimbursement for such expenses, “either by charging a reasonable amount to which the client has agreed in advance or by charging an amount that reasonably reflects the cost incurred by the lawyer.” The new BPR opinion takes an approach similar to that expressed in the comment, opining that a lawyer may pass on to the client the fees charged by credit card companies for processing payment, provided that the lawyer obtains the client’s prior consent and that the charge is no greater than that incurred by the lawyer.

3.

What to do about “chargebacks” and IOLTA accounts?

The BPR opinion notes the problem that a credit card company’s so-called “chargeback” rights pose for lawyers when a client uses a credit to pay advance fees. A chargeback is an action by a credit card company to reverse a previous payment pending resolution of a payment dispute.

As the opinion notes, credit card companies have the right “to access the lawyer’s account to debit funds previously deposited into that account and charge it back to the cardholder.” This right impacts a lawyer’s ethical obligations regarding the safekeeping of client property and IOLTA accounts. Under Rule 1.15(b)(2), a lawyer must deposit all funds of clients that are nominal in amount or expected to be held for a short period of time in an Interest on Lawyers’ Trust Account (IOLTA). As the opinion notes, a credit card company’s chargeback rights, “makes it impossible for a lawyer to link an IOLTA account to the credit card company without putting other client’s funds at risk, unless further protections are agreed between the lawyer and payment processor.” As a solution, the opinion requires a lawyer to direct the payor to a trust account “set up for the sole purpose of receiving advance payments, which are then swept into the lawyer’s IOLTA account, or through a substantially similar arrangement.” In addition, the lawyer “must ensure that any chargebacks are not deducted from trust funds and that the service will not freeze the account in the event of a payment dispute.”

1

2

Tenn. Bd. of Prof’l Resp. Op. No. 2023-F-170 (2023), https://www.tbpr.org/ethic_ opinions/2023-f-170-updated-guidelines-for-an-attorneys-acceptance-of-creditcard-payments.

Formal Ethics Opinions 82-F-28 and 82-F-28(a).

If you have an idea for Schooled in Ethics column, please contact Cathy Shuck at 541-8835.

December 2023

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BARRISTERS ELECTIONS & HOLIDAY PARTY To celebrate the holidays and elect our new Executive Committee Officers, the Barristers will be hosting a holiday party and elections on Wednesday, December 6, from 5-7 pm at Printshop Beer Co. (1532 Island Home Ave.). Chuck Sharrett will become Barristers President at the conclusion of the meeting, and the candidate elected Vice President will serve as Barristers President in 2025.

The slate for 2024 includes the following candidates: Vice President: Jimmy Snodgrass, Kramer Rayson LLP Secretary/Treasurer: Courteney Barnes-Anderson, Tennessee Valley Authority Jordan Houser, LMU Duncan School of Law Members-at-Large (Vote for 2): Mariel Bough, VeraSafe Bridget Pyman, Arnett | Baker, LLP Isaac Westling, Spicer Rudstrom, PLLC

VOLUNTEER BREAKFAST COMMITTEE SEEKS 2024 SPONSORS AND VOLUNTEERS The Barristers need volunteers to sponsor breakfast or serve food on the 4th Thursday of each month at 6:15 a.m. at the Volunteer Ministry Center. The cost is $150 for sponsoring, we need 4-5 volunteers to serve breakfast to approximately 30-40 individuals, and we’re typically finished by 7:30 a.m. It’s a great way to serve the community! Please contact either Matt Knable at (865) 381-9084 or Darrius Dixon at (931) 2784426 with any questions and/or about volunteering.

WELCOME NEW MEMBERS

THE KNOXVILLE BAR ASSOCIATION IS PLEASED TO WELCOME THE FOLLOWING NEW MEMBERS:

NEW ATTORNEYS

Members are asked to register on the KBA website before 5 pm on Tuesday, December 5, 2023. Please note that the annual holiday party will take the place of the December meeting.

CIVICS BOWL On October 31, the KBA Barristers and the Federal District Court for the Eastern District of Tennessee hosted the inaugural “Civics Bowl” with West High School students. Seven West High School seniors faced off against a panel of local attorneys in a game-show style team trivia contest consisting of various civics-related questions. The students dominated from start to finish. The winning team consisted of West High School seniors Cade Acker, Bennett White, Cooper Etheridge, Cooper Ward, Duncan Gilpatric, Charles Burke, and Oliver Schwed.

The attorney volunteers consisted of Michael Lee, Nikol Pluess, Chuck Sharrett, Bradley Koeven, and Amelia Hamilton. Richard Graves hosted the competition and Christine Knott moderated a post-game discussion among the students and federal judiciary members Hon. Suzanne H. Bauknight, Hon. Katherine A. Crytzer, Hon. Jill E. McCook, and Hon. Debra C. Poplin.

Miranda Jones Office of the TN Attorney General and Reporter

Grant B. Klingler

Terri L. Lacey

Esther Luttrell

Benjamin L. Barker

Katherine Q. McGonigal

Carter A. Broome Cellular Sales

Savannah D. McMillan Knoxville Utilities Board

Grant A. Carringer Lewis Thomason, P.C.

Jocelyn Mercado

Ryan B. Carter

Georgia A. Miller Ritchie, Davies, Johnson & Stovall, P.C.

Hannah M. Clyde Lipsey, Morrison, Waller & Lipsey, P.C.

Natalie R. Miramontes-Tankersley Kramer Rayson LLP

Gabriel B. Cole Ellis Law Firm, PLLC

Jordan K. Peeples Knox County Public Defender’s Community Law Office

Aaron M. Deaver The Law Offices of James A.H. Bell, P.C.

Breana N. Query

HUNGER AND POVERTY RELIEF COMMITTEE This year, the Barristers Hunger & Poverty committee is partnering with Santa Elves, Inc. for their annual holiday charity drive! This is a non-profit that provides Christmas presents for foster children in East TN, co-founded by KBA Member Sarah Booher. The Barristers will be collecting monetary and hoodie/crewneck sweatshirt donations. Monetary donations can be made via Venmo and Paypal to “santaelvesinc” and checks can be written to Santa Elves Inc. Remember to write “Barristers” in the payment description. Any physical donations will be collected at the Barristers Holiday Party on Dec. 6. If you have any questions about the drive, please reach out to Sarah Booher (sarah. booher@tn.gov) , Barristers Hunger & Poverty Relief Co-Chair, Jordan Houser (jordan.houser@lmunet.edu), or call the KBA Office at 865-5226522.

VETERANS LEGAL ADVICE CLINIC The Veterans’ Legal Advice Clinic is a joint project of the KBA/Barristers Access to Justice Committees, Legal Aid of East Tennessee, the Knox Co. Public Defender’s Community Law Office, the UT College of Law, LMU- Duncan School of Law, and the local Veterans Affairs office. This is a general advice and referral clinic which requires attorney volunteers for its continued operation. The next Veterans Legal Clinic will be held in person at the Knoxville Community Law Office on December 13, 2023.

Sign up at https://www.knoxbar.org/?pg=Upcoming-Legal-Clinics.

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Landie M. Kitts Battino Law

McKayla L. Barnard

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Meaghan Denniston Benjamin L. Dooley Merchant & Gould P.C.

Brady D. Smith Garza Law Firm, PLLC Rebecca Stueve Shelby Chase Talbot

Alexis Greene McSween, McSween, & Greene

Gina A. Tanaskoski Tennessee Valley Authority

Molli Guinn Brock Shipe Klenk

Chad M. Taylor Office of the District Attorney-5th Judicial District

Katherine A. Hatchell McNabb Law, PLLC William M. Hazlerig Tennessee Court of Criminal Appeals Grayson Holmes Tennessee Tax Law, PLLC Austin M. Hord Alexandra P. Jones Burton & McKinnish PLLC

Brandon C. Townsend Winchester, Sellers, Foster & Steele, PC Luis A. Urrea Bernstein Stair & McAdams Yancy A. Woody Alexander S. Wright Holly K. Zinser-Nehls

NEW LAW STUDENT MEMBERS

Alan M. Alford Erin Beachy Steven H. Boothby Ashlyn Doane Travis E. Dorman Bernard S. Duncan Ethan I. Glover

Dustin Gubernick Crystal J. Harris Michael Hurst Emily A. Linkous Abbey G. Mullins Tia Nickens Peyton Faulkner Ritchie

Julia G. Slagle Nicholas Slusher Jake A. Smithson Thomas Templeton Grace E. Tinsley Drake C. Watkins Paige H. Wiebelhaus

December 2023

WHY DID THE LAWYER CROSS THE ROAD By: Brad Fraser Leitner Williams Dooley Napolitan, PLLC

Stefanie Bowen

Leitner Williams Dooley Napolitan, PLLC

O BROTHER! A “SUGGESTION” OF DEATH Another funny scene from “O Brother, Where Art Thou”: Ulysses Everett McGill is working his way through the streets of a small town in Mississippi. McGill hears his young girls singing under the name “Wharvey Girls” at a campaign rally. As McGill approaches the stage, the girls recognize him: Oldest McGill Gal: DADDY! Middle McGill Gal: He ain’t our daddy!

Everett McGill: Hell I ain’t! What’s this ‘Wharvey’ gals? Your name’s McGill!

Youngest McGill Gal: No sir! Not since you got hit by a train!

Everett: What’re you talkin’ about - I wasn’t hit by a train!

The McGill Gals: Mama said you was hit by a train! Blooey!

Nothin’ left! Just a grease spot on the L&N.

...

McGill finds, Penny Wharvey, his ex-wife and the girls’ mother, in the Five and Dime:

Everett McGill: And that’s another thing – why’re you tellin’ our gals I was hit by a train.

Penny Wharvey: Lotta respectable people been hit by trains.

Judge Hobby in Cookeville was hit by a train. What was I supposed to tell ‘em – that you was sent to the penal farm and I divorced you from shame? 1 A Suggestion of Death refers to calling the death of a party to the attention of the court as a matter of record. This is a step in reviving an action after the death of a party. In a civil case in Tennessee, if a party dies and the claim is not extinguished, the court may order substitution of the proper parties. This is governed by Tennessee Rule of Civil Procedure 25.01. A Motion for Substitution should follow within 90 days after the Suggestion of Death is on the record, else the action may be dismissed as to the deceased party.2 The rule in federal courts is nearly identical. Federal Rule of Civil Procedure 25(a)(1) permits a court to order the substitution of a proper party upon a motion filed not later than 90 days after a suggestion of death is on the record. Thereafter, if no motion is filed to substitute a party, the case may be dismissed.3 Who may suggest a death? While the language of the state and federal rules is nearly identical, the answer to this question may change depending upon the court. In Tennessee courts and in federal courts, a surviving party may file a suggestion of death.

But what about the decedent’s attorney? We found no Tennessee courts that have addressed the issue. But federal courts, in interpreting the practically identical version of Rule 25.01, have rule that a decedent’s attorney cannot file a suggestion of death.

In Barnes v. Bright Glade Conv. Home, a defendant passed away and his lawyer filed a suggestion of death.4 The Court of Appeals did not address the merits of the appeal or procedural reasons, but noted in a foot note that: “Interestingly, we are unaware of any authority whereby a December 2023

decedent’s attorney of record can file a suggestion of death pursuant to Rule 25.01 of the Tennessee Rules of Civil Procedure. While it appears to us that Tennessee cases have not addressed this issue, we simply note that federal courts construing the similar Federal Rule 25 have held that a decedent’s attorney of record cannot file a suggestion of death on the decedent’s behalf so as to trigger the commencement of Rule 25’s 90 day period.”5 The question of whether an attorney representing a deceased party may file a Suggestion of Death and commence the 90 day “waiting period” remains unanswered in Tennessee state courts.

Federal courts interpreting this rule, including District Courts in the Sixth Circuit, as noted in Barnes find that a decedent’s attorney is not the proper party to file a suggestion of death.6 The seminal case of Rende v. Kay from the D.C. Circuit addresses an attorney’s ability to file a suggestion of death in his or her own name.7[vii] In Rende, the defendant Kay died and his attorney retained to defend the action filed a suggestion of death.8 After no party was substituted within 90 days of the Suggestion of Death on the record, the defendant’s attorney moved to dismiss the action.9 The D.C. Circuit Court held that the 90 day period did not commence upon the attorney’s filing a suggestion of death in his own name.10 In the Court’s opinion, language did not permit an attorney to file the Suggestion of Death. Interpreting the Advisory Committee’s comments, the Court held that Rule 25’s language of a “representative of the deceased party” would plainly contemplate a representative of the estate, such as an executor or administrator, who could be made a party.11 Although the attorney for the defendant was retained to ‘represent’ the deceased as his counsel, he was not a person who could be made a party and was not a ‘representative of the deceased party’ in the sense contemplated by Rule 25(a)(1).12 The Court reasoned, and others have agreed, that permitting an attorney of the deceased to file a Suggestion of Death on behalf of the decedent would open the door to placing a burden on a plaintiff to locate a representative of the deceased defendant’s estate.13 While neither the federal nor state Rule 25 expressly states it, the federal courts in Tennessee are a little more hard-nosed about just letting anyone file a Suggestion of Death. And as for Everett and Penny? They picked up the pieces and retied the knot, mixaphorically speaking.

1 2 3 4 5 6

7 8 9 10 11 12 13

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O Brother, Where Art Thou?, Universal Pictures, Ethan and Joel Coen, 2000.

Tenn. R. Civ. P. 25.01.

Fed. R. Civ. P. 25(a)(1).

No.02A01-9801-CV-0011, 1998 WL 749416 (Tenn. Ct. App., Oct. 28, 1998).

Id., Footnote 1.

See, e.g., Farris v. Lynchburg Foundry, 769 F.2d 958 (4th Cir.1985); Rende v. Kay, 415 F.2d 983, 985-96 (D.C.Cir.1969); Hilsabeck v. Lane Company, Inc., 168 F.R.D. 313, 314-15 (D.Kan.1996).

Rende, 415 F.2d at 983.

Id. at 984.

Id. Id. at 985.

Id. Id. Id. See also Howard v. Lilly, Tr. of Land End Invs. Tr., No. 3:17-CV-322, 2019 WL 342139 (E.D. Tenn. Jan. 28, 2019) at *3.

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It's "Snow" Joke!

Join LRIS for 1/2 price - receive referrals through June 30.

LRIS is NOT pro bono. Since January 2023, panel attorneys have earned $1.1 million from LRIS-referred cases.

(865)522-6522 Tracy Chain, LRIS Administrator tchain@knoxbar.org www.knoxbar.org/joinLRIS

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December 2023

BARRISTER BITES By: Angelia Morie Nystrom

Vice President for Advancement and Chief Legal Counsel East Tennessee Foundation

FUN WITH A COOKBOOK: BARRISTER BITES, SMALL BITES, & AMAZING HOLIDAY BITES In the words of the famous singer Britney Spears, “Oops, I did it again.”

As I told you last month, I LOVE cookbooks. I love them like I love flowers. I love them like I love coffee. I love them like I love my dog. I have Southern Living’s Annual Recipes from 1993 forward, a multitude of Junior League cookbooks from across the country, countless church cookbooks, and a host of others. During the pandemic and the great clean-out at the Nystrom house, Hugh saw just how many I had and told me unequivocally, “No more.”

Since that time, I have scoured the internet for recipes, and I have asked my friends. I keep a collection of recipes in an expandable folder that is tucked away in my warming drawer—my cookbook substitute, so to speak.

I have also followed countless accounts on Instagram. My favorite follow for the last year or so has been The BakerMama, which features Maegan Brown, a young mother of four who is extraordinarily creative.

Her videos feature food boards, party spreads of all sorts, and, most recently, small bite appetizers. I do big foods well, but I am always at a loss when preparing food to take to a tailgate or a party. I have a hard time finding foods that are bite-size, can be made in high quantities quickly, and that also taste good. I am always looking for ideas that I can replicate. The BakerMama’s creations are always cute, look like they taste amazing, and – most importantly— look pretty easy to make.

She recently posted about her most recent venture—a cookbook filled with small bite appetizers. I have often heard that it is easier to ask forgiveness than to ask permission, so, with a couple of clicks on the computer keyboard, Maegan Brown’s cookbook, “Brilliant Bites,” was on its way to my door. The cookbook contains 75 recipes—all amazing small bites for any occasion. They are quick and easy to prepare, and most can be prepared using premade ingredients.

As the holiday season approaches (and as the number of parties ramps up to a fevered pitch), I have been trying many of the small bite recipes. My go-to for parties every year for the last decade or so has been Benton’s smoked candied bacon, and I have been excited for a change-up.

Two of my favorites from The BakerMama’s cookbook are Bacon Mac’n’Cheese Jalapeno Bites and Loaded Baked Potato Chips. Both are easy and taste incredible.

To make Bacon Mac’n’Cheese Jalapeno Bites, you will need the following: 15 small jalapenos, 1 cup small elbow macaroni, 2 TBS unsalted butter, 1 TBS all-purpose flour, 1 tsp kosher salt, ¼ tsp ground black pepper, 1 cup milk, 2 cups shredded cheddar cheese, and 8 slices bacon, cooked crisp and crumbled.

Preheat oven to 350°. Line a baking sheet with parchment paper and spray with nonstick cooking spray. Cut each jalapeno in half, lengthwise, leaving the stem intact, and remove the seeds. Place the jalapeno halves, cut sides up, on the prepared baking sheet.

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In a medium pot, cook the macaroni according to the package directions. Drain. Using the same pot, melt the butter over medium heat until it starts to sizzle. Add the flour, salt, pepper and whisk until smooth, about 5 minutes. Slowly pour in the milk and whisk continuously.

Continue to whisk occasionally until the mixture starts to thicken, about 3 minutes. Add 1 ½ cups of the shredded cheddar and stir until melted.

Remove from the heat.

Add the cooked macaroni to the cheese sauce and stir to coat evenly.

Stir in 1/3 cup of the crumbled bacon. Let set for 5 minutes to thicken slightly. Fill each jalapeno slice with mac’n’cheese and sprinkle with the remaining bacon.

Bake for about 20 minutes, or until the jalapenos are soft and the cheese starts to turn golden brown on top. Serve immediately. They are sure to be a crowd-pleaser.

Lest there be any doubt, our family likes bacon, which is why Loaded Baked Potato Chips are a new favorite. To make loaded baked potato chips, you will need 24 whole wavy potato chips, 1 cup shredded cheddar cheese, 1/3 cup bacon bits, ¼ cup sour cream and ¼ cup chopped green onions (about 3, for garnishing).

To prepare, preheat the oven to 400°. Line a baking sheet with parchment paper. Lay the potato chips in a single layer on the prepared baking sheet and top each one with about 2 tsp of shredded cheese and ½ tsp of bacon bits. Bake for 5 minutes, or until the cheese melts.

Top each chip with ½ tsp of sour cream and a pinch each of the remaining bacon bits and green onions and serve. These bites, dare I say, are even better than loaded baked potatoes! They get rave reviews from Trace and his buddies.

I have tried a number of the other recipes in the cookbook, and Hugh has loved them all. I don’t think he will complain about new cookbooks for the foreseeable future!

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December 2023

MANAGEMENT COUNSEL: LAW PRACTICE 101 By: Andrew Hebar Wimberly Lawson Wright Daves & Jones, PLLC

BEING JIMMY BUFFETT When the news of Jimmy Buffett’s passing broke on Labor Day Weekend, my wife and I were not alone in mourning a man we had never met. We grew up in Wisconsin, so we understood the dream of warm weather escapism and obscenely large boat drinks. Buffett sang of tropical climates, eclectic characters, and tiki bars. Jennifer and I bought every bit of it, down to the magnet on the fridge at my office that quips, “The Weather Is Here, Wish You Were Beautiful.” When we finally saw our first sunset on an ocean shore years later, we declared it a Jimmy Buffett day. Buffett was the master at selling the sunset as he became synonymous with beach bum culture.

Truth was, Buffett was many things, but being a bum wasn’t one of them. No doubt he had his moments that most of us could only dream of, but the moments were brief between grueling tour schedules, public appearances, and business meetings. Those around him have said there has never been someone who worked harder so that everyone else could have a vacation. He was both a prolific artist and savvy entrepreneur selling a brand of island escapism that included music, merchandise, media, food, cruises, casinos, and destination properties. Buffett told The Washington Post, “I’m not about to apologize for being a good businessman. Too many people in music have ruined their lives because they weren’t. I’m not a great singer, and I’m only a so-so guitar player. I started running the band years ago because nobody else could, and I turned out to be good at this stuff.” Ironically, because of his successful brand, his hammock was often empty despite how the world envisioned his laidback lifestyle.

As lawyers, we often find ourselves in Buffett’s quandary. Victims of our own successes, we’re swallowed up in deadlines and embattled on contentious cases, but we take phone calls, respond to e-mails, onboard new files, and give advice as though we have all the time in the world.

We sell our attention and a comprehensive plan of action and live our lives .1 and .2 at a time in exchange, but there is no beach. The dream becomes an extension of the office when we find ourselves spending our hard-earned “Jimmy Buffett days” answering e-mails and keeping sand out of our phones instead of watching the waves. Back in the office, there is a perpetual struggle for our attention – a constant parade of phone calls, meetings, colleagues, and staff in and out of your door. In the blink of an eye, it’s getting dark and the “to do” list became two pages instead of two items. We believe if we ever show compassion or helpfulness fatigue, it’s career-limiting. What happens when our occupational hazard is that

our occupation’s always around? We might feel like we’ve drowned.

Buffett, the prolific songwriter and a surprisingly reserved fellow, sometimes bemoaned the fact he didn’t get to play some of his most personal songs at his concerts. Mindful of his audience, he never stopped playing the songs that paid the bills. Fans came to his concerts dressed up in Hawaiian shirts, fins, and cheeseburgers for a reason.

Margaritaville was a party and the party was in the crowd, but occasionally, the deeply personal became popular. “Come Monday” was an example of how Buffett’s emptiness and longing fed his songwriting and it became one of his mainstay songs that paid the bills. “A Pirate Looks at 40” described the wistful agony of impossible dreams and aimless realities.

There was an empathetic common thread that resonated between Buffett and his audience that evoked deeper emotions beyond the tropical party anthems.

While songs and legal briefs are not as tangible as building someone a house, in the eyes of our clients and our coworkers, we offer an acknowledgement of their problems and a shared vision of better days ahead. Buffett knew why people dreamed of St. Somewhere. It’s why he kept doing what he was doing until he physically couldn’t. As lawyers, we’re unlikely to reverse a world of constant access, but at some point, we have to look out into the crowd of clients and coworkers and be convinced that their joys are our joys. There has to be that handful of cases or personal interactions that transcend the transactional and become a joint passion or success.

Jimmy Buffett touched lives through the thing that he loved most, his music. Whether or not you love the law, an honest lawyer can do the same. If there is a comfort we can bring by selling compassion and security (besides merely bringing the sword), there is an opportunity to teach, touch, or bring some comfort every day to at least someone. We have to embrace the time to assuage the sadness, create the growth, and praise the successes in our offices as deeply and as personally as we do for our clients. In a world that has become a constant work cycle and hustle culture, the chance to sell the positive to someone, somewhere every day is our chance to sell the sunset. Buffett didn’t make the weather and we don’t make the facts. But we always have the chance to frame the narrative in a way that might make our clients and colleagues sleep a little better at night. If your audience’s peace of mind of can be your peace of mind, you’ve found the fulfillment Buffett found, as you’re trying to reason with hurricane season. Cheers! Even for lawyers, it’s got to be 5:00 somewhere.

About this column: “The cobbler’s children have no shoes.” This old expression refers to the fact that a busy cobbler will be so busy making shoes for his customers that he has no time to make some for his own children. This syndrome can also apply to lawyers who are so busy providing good service to their clients that they neglect management issues in their own offices. The goal of this column is to provide timely information on management issues. If you have an idea for a future column, please contact Sam Henninger at shenninger@wmbac.com.

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BILL & PHIL’S GADGET OF THE MONTH By: Bill Ramsey Neal & Harwell

By: Phil Hampton

BILL & PHIL STOCKING STUFFERS 2023 The tell-tale signs of the holidays are all around us: twinkling lights, egg nog, reindeer, and Bill and Phil’s annual stocking stuffer tech guide. Like overgrown kids, we salivate at all the new tech gadgets arriving on retail shelves just in time for the holiday shopping season. So as we make our list and check it twice, we’ll share with you some of our favorite gadgets for this holiday season.

Tribit StormBox Micro 2 Portable Speaker (Amazon, $63): This tiny but powerful Bluetooth speaker is just small enough to fit in a stocking and powerful enough to knock your socks off. This version 2 of the StormBox Micro has a surprisingly great sound for such a small size. It has a great battery life (12 hours of playing time); and it is small enough to fit in your pocket. Pair this tiny dynamo with your phone and carry your Christmas tunes in your pocket wherever you go for the holidays.

color changing ball will amaze you and your kids (even adult “kids”). It can boomerang, “float” a catcher, and other amazing tricks.

Sound Burger Portable Bluetooth Turntable (Audio-Technica.com, $199): If you are like us, you have someone in your family who is a big fan of retro vinyl albums. The Sound Burger is the perfect gift for these vinyl afficionados. There are a lot of turntables on the market these days, but the Sound Burger is set apart because of its unique, extremely compact form factor and its great sound reproduction. Connect it via Bluetooth to your favorite portable speaker or go all the way retro and connect it via the included audio cable to an old-fashioned wired speaker. Either way, you can replay all those old Christmas albums gathering dust in your library.

Thule Subterra PowerShuttle Plus (Thule.com $28) This travel case is designed to protect and organize electronics. This is a must-have for electronics when traveling. It has dedicated storage compartments for large headphones, cables, adapters, and other electronics. It also has an exterior pocket with cord passthrough so you can charge your phone while keeping it accessible.

Cooluli 10L Mini Fridge for Bedroom (Cooluli.com, $80) – This portable device can be used in your car, your office, under your desk, or in a dorm room. It is a 12v portable cooler & warmer for food, drinks, skincare, beauty & makeup (we use half of it for food and drink and the other half for our makeup). It runs on AC/DC and has a glass front.

Since it uses no freon or refrigerants, it is environmentally-friendly.

Dell Portable Monitor (Dell, $289): Dell (along with several other manufacturers) has a super light, ultrathin external monitor for less than $300. Having a second screen for either your laptop, tablet, or phone is all the rage these days. You will barely notice this 14” Dell monitor in your backpack as it weighs just 20 ounces; but you will certainly appreciate the extra screen real estate when working on a mobile device connected to the monitor.

Solo Pi Dual Fuel Pizza Oven (Solostove.com, $370). There are a lot of pizza ovens out there, but this pizza oven is for everyone. Make woodfired pizzas that impress or bake with propane by adding on the gas burner. A great addition to an outdoor entertainment space.

Govee Smart Table Lamp (Amazon, $60): This cute little table lamp is just the right gift for someone who is a bit techy but also artsy. With the accompanying app, you can program the Govee lamp to cycle between 20 different scenes with a variety of colors and designs. The lamp can be synched with music playing on your phone to showcase a lightshow to the beat of the music; or you can program it to be a nightlight. If you want an interesting conversation piece, the Govee Smart Table Lamp is just the ticket.

Flying Orb Hover Ball (Theoriginalflyingorb.com, $28.99) As seen on TikTok, this is the hottest toy/gadget for Christmas. This LED-lighted,

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Anker Prime 67W GaN Wall Charger (3 Ports) (Amazon, $59.99) Now that USB-C is the new standard, this is the charger for the Christmas stocking. It is a fast charger for 3 devices at a time: 2 USB-C ports and 1 USB-A port. It can easily charge your phone, tablet, and notebook all at once from a single charger. It has a compact design for such a powerful charger.

LEGO Technic App Controlled Transformation Vehicle (Amazon, $119): Have you shopped in a LEGO store lately? Wow. These are not your grandfather’s LEGO sets. For example, the Technic App-Controlled Transformation Vehicle consists of 772 pieces which form a very cool transformer vehicle when assembled. The fun doesn’t stop when you get the vehicle assembled, however, as you can download an app and control the movement of the vehicle after it is built. The transformer even changes shapes when it flips over. The box says for kids 9 and up. Count us in on the “and up” group.

Happy Holidays from Bill & Phil.

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December 2023

LEGALLY WEIRD By: Lisa J. Hall

Hodges Doughty & Carson

HERE’S JOHNNY! There is a certain liberation that occurs when you cross the 50-yearold mark, and the only way I know how to demonstrate that is by entitling this installment of the Legally Weird series “Here’s Johnny!”

I have chosen this title despite the near certainty that Johnny Carson is going to sue me for using his phrase. Lest you think I have taken a shortcut through liberation straight to senility, allow me to explain by telling you a story about Earl.

Earl J. Braxton is a toilet guy. Perhaps even a toilet innovator. In the early 1970s, he and his wife Jo Ann took over a business involving several wooden portable toilets1 and a truck and built it into a viable business, using plastic portable toilets. At its peak, the business owned 14,000 portable toilets serviced by 86 franchisees. They sold, leased, and serviced portable toilets.

I am not sure how business is now, but toilets.com is a live website and appears to have also been designed in the early 1970s2. You may be interested in checking out the “Comfort Station,” invented and patented by “TAM,”3 which obviously is an acronym for “Toilet Answer Man.” You will also notice all of the listed registered trademarks for the products and/or marketing. These include: Porta-John, Green John, Sani Jon, Portaloo, and Out-Standing in the Field. They do not include “Here’s Johnny!”4 They did try. They tried really, really hard. First, in 1977, until Johnny Carson sued to prevent him from using his right of publicity to that phrase. After a legal battle that lasted a decade and two appeals, Johnny Carson won.5 Earl waited.

In 1992, Johnny Carson retired from The Tonight Show.

Earl waited.

In 2005, Johnny Carson passed away.

In 2006, nearly thirty years after the first lawsuit was filed, Earl

tried to register the phrase again. I mean, “the plaintiff in the previous actions has died,” and the relevant jurisdictions did not recognize “post-mortem rights of publicity.”

However, the Trademark Trial and Appeal Board held that both Michigan and California in fact did recognize post-mortem rights of publicity, and those rights had passed to Johnny Carson’s estate. The elements of res judicata were satisfied, and Earl was still bound by the original injunction.

At least Earl can take comfort in the knowledge that, never in the history of pop culture ever, did anyone except for Ed McMahon, introducing Johnny Carson, utter the words, “Here’s Johnny!” Nobody. Ever.

At least Toilet Answer Man seems safe.

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L E G A L U P D A T E , continued from page 11 enforcing the AEA. It didn’t enjoin anyone else, and a county DA’s authority isn’t statewide.30 So, the Blount County DA sent a letter, Blount Pride, Inc. filed suit, and enforcement of the AEA was enjoined in the 5th Judicial District.31 This drama is not over. The Sixth Circuit will rule, and we will learn how the First Amendment works in the Sixth Circuit.

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World Weather Info, Nashville November 2022, https://world-weather.info/forecast/ usa/nashville_1/november-2022, last visited Nov. 8, 2023.

Tenn. Gen. Assembly, Senate Staff, https://wapp.capitol.tn.gov/Apps/ GeneralAssembly/SenateStaff.aspx, last visited Nov. 8, 2023.

Tenn. Gen. Assembly, House Staff, https://wapp.capitol.tn.gov/Apps/ GeneralAssembly/HouseStaff.aspx, last visited Nov. 8, 2023.

SB0003, available at chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/ https://www.capitol.tn.gov/Bills/113/Bill/SB0003.pdf.

TN S. Jour, 2023 Org. No. 1 (Jan. 10, 2023) Trust me. Once you read the Rules of Procedure for the Senate and the House, you will never complain about the TRCP again.

TN S. Jour., 2023 Org. No. 1 (Jan. 10, 2023).

Tenn. Gen. Assembly, HB0009, https://wapp.capitol.tn.gov/apps/BillInfo/default. aspx?BillNumber=SB0003&GA=113, last visited Nov. 8, 2023.

TN S. Jour., 2023 Org. No. 1 (Jan. 10, 2023).

If you are not “from around here” or did not have the privilege of taking Professor Reynolds’ Tennessee Constitution class, you may not realize that the Tennessee Constitution, Art. II, sec.18, requires that a bill be considered and passed on three different days in each House before it can become a law.

TN S. Jour., 2023 Org. No. 2 (Jan. 11, 2023).

TN House Jour., 2023 Reg. Sess. No. 9 (Feb. 23, 2023).

Melissa Brown, Tennessee passes controversial drag law, The Nashville

December 2023

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If you stopped paying attention after “wooden portable toilets” because you cannot understand how that could have been a good thing and you can only imagine how horrible they must have smelled, I get it. Me too. I have not been paying attention to what I am writing, either.

Yes, as a matter of fact, I was also designed in the early 1970s. So clever.

TAM is a character in the YouTube production of “Toilet Tales #1,” posted on Earl Braxton’s Facebook page in 2012.

It is unknown whether Earl ever asked El DeBarge if he could use “Who’s Johnny?”

See Carson v. Here’s Johnny Portable Toilets, Inc., 810 F.2d 104 (6th Cir. 1987) (affirming lower court’s ruling and permanent injunction).

Tennessean (Feb. 23, 2023), available at https://www.tennessean.com/story/news/ politics/2023/02/23/tennessee-drag-bill-to-ban-certain-performances-passesgeneral-assembly/69935840007/.

Id. T.C.A. § 7-51-1407 (2023).

This is the effective date of the Bill.

T.C.A. § 7-51-1407 (2012).

Id. Id. “‘Adult cabaret’ means a cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.”

T.C.A. § 7-51-1401(2) (2012). “‘Adult entertainment’ means any exhibition of any adult-oriented motion picture, live performance, display or dance of any type, that has as a significant or substantial portion of such performance, any actual or simulated performance of specified sexual activities, including removal of articles of clothing or appearing unclothed.”

Tenn. Pub. Ch. No. 2 (Eff. Apr. 1, 2023).

Friends of Georges, Inc. v. Mulroy, ___ F.Supp. 3d ___, 2023 WL 3790583, * 3 (W.D. Tenn. June. 2, 2023).

Id. Id. Id. at *19-20.

Id. at *27-28.

Id. at *1.

See Kimberlee Kruesi, ACLU Sues Tenn. Dist. Attorney who Promises to Enforce the State’s New Anti-Drag Show Ban, Assoc. Press (Aug. 31, 2023).

See Ltr. from R. Desmond, DA to E. Mitchell, et al, available at https:// tennesseelookout.com/2023/08/31/tennessees-anti-drag-law-faces-another-suitthis-time-in-blount-county/.

Id.; Blount Pride, Inc., et al. v. Ryan K. Desmond, ___ F.Supp.3 ___, 2023 WL 5662871 (E.D. Tenn. Sept. 1, 2023).

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BENCH AND BAR IN THE NEWS How to place an announcement: If you are a KBA member in good standing and you’ve moved, have property to rent, or received an award, we’d like to hear from you. Talks, speeches (unless they are of international stature), CLE promotions and political announcements are not accepted. Notices must be submitted in writing and limited to 100 words. They are printed at no cost to members and are subject to editing. Email your notice to Marsha Watson at mwatson@knoxbar.org.

•

First class furnished individual offices for rent on the 19th floor right off the elevator in First Horizon Plaza, 800 S. Gay Street.

Please contact Lance Baker at 865-310-0997 for further details if you are interested.

•

Downtown Office Space for Rent - Large corner office with a view of downtown. Located in the First Horizon Building. $900 monthly.

Inquiries can be sent to jfanduzz@gmail.com.

KBA MEMBER SHOUT OUTS As part of this year’s focus on celebrating our bar association’s diverse membership and exploring creative ways for members to connect, network, and experience fulfillment in the practice of law, we would like to highlight the accomplishments and contributions of KBA members who are making a difference in the legal arena and beyond. Send links to news to posts or articles, pictures, or just a blurb about what’s going on to membership@knoxbar.org.

Address Changes

Please note the following changes in your KBA Attorneys’ Directory and other office records:

FREE CLASSIFIEDS AVAILABLE Did you know the Classified section on the KBA website allows you to add your resume if you are looking for a job or if you need to hire someone, you can post a job and search for candidates? Click on Public Resources and select “Career Classifieds” from the dropdown navigation.

The Classifieds receive in excess of 8,000 page views each month so if you are looking for a job or a new position, make sure to check out this valuable resource.

LEGAL HISTORY VIDEOS AVAILABLE In 2012, the KBA’s Archives Committee began interviewing senior members of the local legal community to capture their stories and perspectives on life and the practice of law. With funding provided by the Knoxville Bar Foundation, the KBA has been able to preserve this history for future generations of lawyers and other interested persons. It is important not to forget the contributions of those who built the local bar and sharing milestones and stories of great lawyers and judges provides new lawyers with historical perspective and inspiration. Interviews of Tim Priest and Bob Pryor have been recently added. View the interviews online at www. knoxbar.org by clicking Member Resources and then Practice Resources.

Darrius D. Dixon BPR #: 040462 Starnes Davis Florie, LLP P.O. Box 101 Murfreesboro, TN 37129-5484 Ph: (615) 905-7200 darrius.dixon92@gmail.com

Elizabeth K.B. Meadows BPR #: 015922 Herbert, Meadows & Wall 1368 Papermill Pointe Way Knoxville, TN 37909 Ph: (865) 540-8777 ekm@hmwlaw.net

J. Eric Harrison BPR #: 016129 Kennerly, Montgomery & Finley, P.C. P.O. Box 442 Knoxville, TN 37901-0442 Ph: (865) 546-7311 eharrison@kmfpc.com

Jeffrey J. Wall BPR #: 013991 Herbert, Meadows & Wall 1368 Papermill Pointe Way Knoxville, TN 37909 Ph: (865) 540-8777 jjw@hmwlaw.net

Celeste H. Herbert BPR #: 009192 Herbert, Meadows & Wall 1368 Papermill Pointe Way Knoxville, TN 37909 Ph: (865) 540-8777 chh@hmwlaw.net

Michael D. Watson BPR #: 040346 The Watson Law Firm, P.C. 10641 Braden Dickey Lane, Suite 5 Knoxville, TN 37932 Ph: (865) 259-0948 michael@watsonesq.com

Timothy B. McConnell BPR #: 019136 Maynard Nexsen 4800 Old Kingston Pike, Suite 120 Knoxville, TN 37919-6497 Ph: (865) 686-5624 tmcconnell@maynardnexsen.com

OFFICE SPACE AVAILABLE: • North Knoxville, right off I-640/275. Part of a larger office with an established attorney. Free Parking and Internet, access to Kitchen and Conference room. Separate entrance. Excellent set-up for a new attorney. $500 per month. Contact Daniel Kidd, dan@ danielkiddlawoffice.com.

C O M M E R C I A L P A I N T I N G C O M P A N Y V . W E I T Z , continued from page 17 and to remind Tennessee practitioners to evaluate the potential for tort claims in breach of contract cases.

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Milan Supply Chain Solutions Inc. v. Navistar Inc., 627 S.W.3d 125, 142 (Tenn.

2021)(citations omitted).

Lincoln Gen. Ins. Co. v. Detroit Diesel Corp., 293 S.W.3d 487, 491 (Tenn. 2009) (citations omitted).

Milan Supply Chain Solutions Inc., 627 S.W.3d at 153-154 (parentheticals in original and citations omitted).

Id. at 154.

Id. at 155 (quoting HealthBanc Int’l, LLC v. Synergy Worldwide, Inc., 435 P.3d 193, 194 (Utah 2018)).

Commercial Painting, 2023 WL 6304838 at *13 (dissenting opinion).

Id. (quoting subcontract).

Id. (quoting subcontract).

Id. (quoting subcontract).

Commercial Painting, 2023 WL 6304838 at *1-*2 .

Id. at *3.

Id. Id. Commercial Painting Co. v. Weitz Company LLC, 2022 WL 737468, *1 (Tenn. Ct. App. 2022).

Id. at *24.

Commercial Painting, 2023 WL 6304838, at *1.

Id. at *6 (quoting Ward Farnsworth, The Economic Loss Rule, 50 Fal. U. L. Rev. 545,

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571(2016)).

Id. at *5.

Id. at *7 (quoting Hamm v. Swift Transp. Co., 694 F. Supp. 2d 915, 922-23 (W.D. Tenn. 2010) (citing Ins. Co. of N. Am. v. Cease Elec. Inc., 276 Wis.2d 361, 688 N.W.2d 462, 467-68(2004)).

Id. at *5.

Id. at *10 (quoting Tort Killer: The Applicability of the Economic Loss Doctrine to Service Contracts, 20 Me. B.J. 100, 103 (2005)).

Id. at *9-*10.

Id. at *10 (quoting Milan Supply Chain Solutions, Inc., 627 S.W.3d at 147) (other citation omitted).

Id. at *11.

Id. at *20-*21.

Id. at *22.

December 2023

WELL READ By: Kelly S. Street

Egerton McAfee Armistead & Davis, P.C.

FIGHTER PILOT There I was. True story. Late one evening, lying awake and reading Gulag Archipelago by Aleksander Solzhenitsyn, I realized I had a problem.

My reading list was lacking certain elements of swagger and adventure.1 “What the hell is wrong with me?”, I wondered.

I resolved to get my life back on track, and I knew who to ask.

Reaching for my phone, I fired off a late-night text to a group of Army buddies. “If I had to read just one book,” I asked, “what should it be?”

Several responses came, none fit for publication, but one Army friend came through (as Army buddies generally do). This is when I came to know about “Triple Ace” fighter pilot, Robin Olds.2 Fighter Pilot is Olds’ memoir, as related to his daughter, Christina Olds, and his friend, Ed Rasimus. Go buy it and read it right now. It’s as close as you’ll get to smoking cigarettes and drinking beer with Olds himself. He is, quite possibly, the most interesting human being you’ve ever met. His percentage of awesomeness is 100% pure, not from concentrate, and made in America. He lived a life that would provide enough material for five different Jerry Bruckheimer movies, with enough B-roll footage left over to break the TikTok algorithm.

Consider: (1) Olds grew up the son of WWI-era pilot, General Robert Olds. His childhood home was Langley Field in Virginia, and he took his first flight at the age of 8 (wait for it…) in a WWI-style bi-plane made of wood and cloth.

(2) Even before the United States entered WWII, Olds tried to go fight in the war on his own (read: without America). Traveling secretly to Canada, he enlisted in the Royal Canadian Air Force. He wanted to see combat ASAP, preferably in a very fast-moving airplane, but his father intervened. Instead, Olds is sent to the United States Military Academy, where he remains, convinced the War will be over before he gets there.

To kill a little time at West Point (unable to kill Nazis), Olds joins the Army football team and plays defensive tackle for famous Army football coach Earl “Red” Balik. Olds is later inducted into the College Football Hall of Fame for his exploits,3 which include playing an entire Army vs.

Navy game toothless and covered in blood. This would be a great book if the story stopped there, but no.

(3) After West Point, Olds tries to be a fighter pilot, but the brass says he’s too big. They try to put him in bombers. Olds flatly refuses.

Somehow, by the force of his own will, he is assigned to fighter planes.

And During WWII, he quickly establishes himself as a Flying Ace, scoring multiple air to air kills over Western Europe. And important to note… all this is before D-Day, an operation in which Olds also participates, heroically. What happens next? Well, just like in those Jerry Bruckheimer movies, Olds comes home from the War and marries Hollywood actress and pin-up girl, Ella Raines. I promise I’m not making this up.

(5) By the time the 1950s come around, the Army Air Corps is now the United States Air Force. The brass is infatuated with strategic bombers and nuclear weapons, and they have very little time for guys like December 2023

Olds. But even these guys, who wear sock suspenders, can appreciate Olds as a born leader, and they assign him to the Pentagon. For his part, Olds mostly hates these people, hates the Pentagon, and hates every minute of his assignment there. So, when the Korean War breaks out, he immediately volunteers. The brass won’t send him. Instead, Olds escapes the Pentagon by taking an assignment in the Air Force acrobatic flight team, which at that time, is basically the whole cast of both Top Gun movies wearing WWII uniforms, flying less reliable, more dangerous airplanes.

(6) Then there’s Vietnam. Olds is a Colonel now, and finally he’s leading a combat squadron again, totally twitching in his F4 Phantom like a bird dog in a duck blind. His unit, and Olds himself, are some of the few Americans in that war to consistently and successfully engage in air-to-air combat with the fast and agile MIG17 and MIG21’s flown by the enemy. Olds also engineers and plans Operation Bolo, a daring air-to-air ambush of the North Vietnamese (a rare Vietnam success – because Olds). Also, around this time, Olds grows the long and fantastic mustache for which he quickly becomes known. This mustache, as he described it, was a “middle finger” to the top brass, expressing everything he wanted to say about their regulations, clean haircuts, and strategic bombing plans. “You are bulletproof once you grow a mustache,” he said. To this day, Air Force pilots take part in Mustache March, which is a tribute to Olds’ amazing facial hair.

(7) After Vietnam, Olds still has more whoop-ass left in the can. He is promoted to Brigadier General and assigned as the 6th Commandant of the United States Air Force Academy. During this time - May 1968 to be exact - Olds stages a jet flyover during graduation festivities. Several of the F105 Thunderchiefs used in the exhibition (flown by his buddies) break the sound barrier just over the heads of the assembled cadets, shattering the enormous glass windows in the Air Force Academy dining facility. Another middle finger to the brass. Then, after completing an otherwise successful assignment to the Air Force Academy (cadets LOVE him), Olds is like I’m out, y’all. He retires to Steamboat Springs, Colorado, where he spends the rest of his life shredding double black runs, drinking scotch during Apres-ski time, and telling stories of adventure and destruction.

So, there you go. Robin Olds. My prescription to you and anyone else who has been diagnosed with a reading rut.

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Other recent titles included Mrs. Dalloway (Woolf) and Ode to a Grecian Urn (Keats).

Both great, but seriously, no.

A Flying Ace is defined as any pilot who shoots down more than 5 enemy aircraft during combat. During his career, Olds became a “Triple Ace,” shooting down a total of 17 (this doesn’t count the many planes he destroyed on the ground). By the time he was done blasting America’s enemies with his nose cannon, his chest held more hardware than a Home Depot, including the Air Force Cross, four Silver Stars, the Croix de Guerre, and the Vietnam Air Gallantry Cross. https://www.cfbhall.com/about/inductees/inductee/robin-olds-1985/ (last visited Nov. 9, 2023).

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Serving the Legal Community in Assisting Low-Income Persons To Navigate the Justice System

PRO BONO SPOTLIGHT By: Caitlyn Torney Director of Pro Bono Legal Aid of East Tennessee

Pro Bono Night 2023: Thursday November 2nd at The Standard Thank you to everyone who came out to Pro Bono Night 2023! It was a joy to celebrate all the incredible work our area bar and community partners have done to support Legal Aid of East Tennessee and the Pro Bono Project. We are delighted to share pictures from the event, including our wonderful 2023 Pro Bono Award winners and presenters!

KBA President-Elect Carlos Yunsan presents Pro Bono Law Student of the Year to Kim Riddett Judge Suzanne Bauknight presents Thomas Dickenson with Pro Bono Attorney of the Year

Director of Pro Bono Caitlin Torney presents 2023 Pro Bono Community Partner to the Knoxville Bar Association.

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Professor Amy Morris Hess and 2023 Donald F Paine Memorial Pro Bono Hall of Fame Inductee Justice Sharon Lee

KBA President Loretta Cravens presents 2023 Pro Bono Firm of the Year: University of Tennessee Expungement Clinic and LMU Duncan School of Law Expungement Clinic

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DICTA

Master of Ceremonies Knox County Mayor Glenn Jacobs and Judge Suzanne Bauknight

December 2023

TELL ME A STORY By: Kassadi Mace Lavrinovich Student, Lincoln Memorial University Duncan School of Law

TWO POINTS TO REMEMBER AS I ENTER THE LEGAL PROFESSION I want to begin by coming clean about something. To be transparent, I have put off writing this for longer than I would like to admit, and I love to write! But when reading previous Tell Me a Story pieces, I realized every author had an amazing story about why they became a lawyer or an incredible event that happened during their careers. While reading, I had the dreadful feeling that many people, especially students and young lawyers, get: “What do I have to offer?” Let me be the first to say imposter syndrome is real and you are not alone in it.

As I near the end of my education and prepare to start my career, I often think about what I could possibly bring to the table. I am positive I’m not the only one who struggles with this, but I know I have to establish a better, more confident mindset as I enter the profession. Therefore, I created two points to remember as I begin the process of job hunting. Now, these are for me, but I have a feeling it might help a few others. This article is for the law student who has no idea what to do after graduation, the young associate who is scared to take a leap, and the lawyer who has practiced for decades and needs to be reminded of the why.

1. There is someone who believes in you; believe in yourself.

As 2L year was coming to a close and Student Bar Association elections were upon us, I thought I might just run for the same Senator position I held the year before. I thought, “People don’t view me as the leader, so an executive position is out of the question.” Then, I will never forget a friend asking, “So you’re running for President, right?” She said it with such confidence that it shocked me. At that point, President seemed completely off the table. Although I always thought the position was very unique, and quite frankly super cool, I never pictured myself doing it. In undergrad, I was incredibly involved–holding all of the positions in all of the clubs. However, I imagined law school to be different; keep your head down, stay focused, and work hard. But life has a funny way of working itself out. I thought if I ran, I would run a campaign being one hundred percent myself–relying on the friendships I had made throughout the past two years, not promising to do anything I knew was unrealistic, and putting an emphasis on being a servant-leader, not just someone with a title. After a few (okay, MANY) nudges from my friends, I ran for Student Bar Association President. Several weeks later, I actually won! I look back and realize if it weren’t for my friends who believed in me as a leader, I would have never run in the first place. Serving as the SBA President has been the most rewarding experience I have had in law school, and it is all thanks to the friends who believed in me and encouraged me.

2.

One thing I have noticed in this field is the ever-present burnout. The glamorous, shiny idea of being a lawyer slowly starts to dull as you have a front row seat to what is often the worst of people. As I enter the field, it would be easy to get caught up in the overwhelming burnout and not be excited to start my career. However, I refuse to let that be my attitude as I enter the job market. In one of my classes, we are reading a book that discusses things no one told you in law school but should have. My favorite part, in my words, says that many lawyers would be happier if they just remembered how lucky they are to do what they do.

There are tons of people in the world who would love to be in their positions. There have been many times in school where I felt like I couldn’t do it anymore. The sleepless nights, the lengthy papers, and the many, MANY hours of studying have made me, and I’m guessing most law students, question if it will even be worth it. As I get closer to graduation, the joy comes right back. I remind myself that there are so many people who will never get the opportunity to go to law school or are too afraid to even take the LSAT. So far, I have seen a lot. Sure, I have seen people at their worst: upset, angry, confused, and fearful. But, I have also gotten to see lives changed, parents adopt the child they had been waiting for, people get out of situations they never thought they would be strong enough to, and justice be brought to light for the good guys. I know it won’t always be easy–on most days, it probably won’t. Nevertheless, I am so ready to do what I have prepared and worked so hard to do.

This has just been my experience, but I feel confident that many of you have felt something similar. So, send good thoughts my way as I soon turn my dream of being a lawyer into reality.

Find joy in your work; not many people can do what you do.

December 2023

DICTA

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Prsrt Std US POSTAGE

PAID

P.O. Box 2027 Knoxville, TN 37901

KNOXVILLE, TN PERMIT NO. 3 0 9

Barristers Annual Charity Golf Tournament

Thanks to the generous support of participants and sponsors, $4,000 has been raised for the Barristers’ charitable activities of the Hunger & Poverty Relief Committee. The Barristers Athletics Committee would like to thank the golfers and sponsors for their generous support for the tournament at Tennessee National Country Club on October 16.

Platinum Sponsors Ladd’s Golf Carts LexisNexis Refreshment Sponsor TriStar Court Reporting Saloon Sponsor Image Matters Liquid Gold Sponsor Eagle Distributing Hole Sponsors Arnett | Baker LLP Brandon’s Gary Cobble Construction Hodges, Doughty & Carson, PLLC Kennerly Montgomery & Finley, P.C. Kramer Rayson LLP Lewis Thomason, P.C. Printedge Pugh CPAs Regions Private Wealth Management Swafford Insurance LLC TCV Trust & Wealth Management Woolf, McClane, Bright, Allen & Carpenter, PLLC

CONGRATULATIONS TO OUR WINNERS!

Teams: 1st Place: The Burkhalter Law Firm, P.C. Zachary Burkhalter, Alex Burkhalter, Jordan Roth, and Anthony DiFelice 2nd Place: Brock Shipe Klenk Luke Durham, Wade Orr, Matt Googe, and John Kizer 3rd Place: Lacy, Price & Wagner, P.C. Jay Moneyhun, Mike Baisley, Sam Winston, Tre Mullins Closest to the hole: #3- Dan Mitchell #7- Allen Cox #12 & #17 - Rob Kincaid Longest Drive: Clay Fielden