Tell Me A Story

TELL ME A STORY By: Randall E. Nichols

Special Counsel, Knox County Sheriff

RAMBLINGS OF AN OLD LAWYER

My dad always said I should be a lawyer. Because - his theory - he taught me how to argue a point in a reasonable and civil way. We had some powerful discussions at the dinner table and after. At age 16 I had become a communist and a champion for the poor and working class. (Also listened to the Beatles!) My father worked at a papermill so he claimed to be the working class and because of his labors, I had so many privileges he never enjoyed growing up. I don’t remember who won the arguments – I guess he did because I am no longer a communist – I’m a Democrat.

To scorn him I was going to be anything but a lawyer. A psychiatrist or maybe a professor of economics. It did not take long to determine that pre-med was not my cup of tea, so I stayed in the business college at UTK with an eye on graduate school. My friend and roommate announced he was going to take the LSAT in a few weeks and suggested I sit for it. My memory recalls a $12.50 fee in 1969 to take the exam. Although very poor, I thought it would be interesting and fun – we had always competed on grades and how well read we were. He beat me, but I did okay and the next thing I know I am walking across Cumberland Avenue with a B.S. in hand to enter UT Law School. That was in September, 1970, and with six months military duty, a divorce, and limited resources, I muddled through until graduation in August 1973, and admitted to the bar in September of that year.

With a fellow 1972 graduate, we opened a two person shop with an eye to becoming rich. We struggled - some good months - some bad months like so many lawyers then and now. I learned quickly that criminal law was where I needed to be. A car wreck, divorce or writing wills did not create great interest. On the other hand, a criminal case, shoplifting, DUI, etc. became all consuming. I loved the work, mostly appointed, and the privilege to practice before Judges Richard Ray Ford, Joe D. Duncan, Joe Nigro, George Balitsaris, and Ray Jenkins taught me more than I can express. Be prepared. You did not need to be in court if you were not ready. Criminal defense was the love of my life until prosecution called with an opportunity to try as many cases as I wished. These years allowed me to try cases against and later with some of the best lawyers I ever knew. Ralph Harwell, B. Rex McGee, Bob Ritchie, Tom Dillard, Zane Daniel, Herb Moncier, Bill Crabtree and others who stood out because of their skills. Judge Ford always told prospective jurors – “Ladies and Gentlemen you will see some of the finest lawyers in America during your service” and he was right. To watch B. Rex McGee cross-examine an expert witness, Ralph Harwell cross-examine a defendant, Zane and Tom argue to a jury served as a daily lesson on how to be a lawyer and more importantly, what not to do. Don’t lie and prepare like Bob Ritchie would. I stole some traits from all of them and I cherish our relationships.

It is now the 1980’s, and time to get rich – no more Assistant District Attorney pay. The next 8 years with Ralph Harwell were a blur of activity – great cases to defend and a fascinating list of clients including 2 capital cases. I loved my work, but for some reason I decided to get into politics and promptly got my rear kicked in a 1982 race for District Attorney. Back in practice after the loss, things go great for Harwell & Nichols, and I am getting to practice with the best lawyer I had ever known.

The old saying that the definition of a judge is “a lawyer who knows a Governor” came true for me in June 1988 when Governor Ned McWherter appointed me to the Criminal Court for Knox County, Division I. I served for 50 months, 3 days, and 2 hours in a job that did not suit me well. I have tremendous respect for trial judges, and I wanted to emulate those who had trained me, but the practice had changed over the years and I missed being a player in the system not just the umpire. When the opportunity came to re-enter prosecution as Knox County District Attorney. I jumped at the chance and relished my career for the next 22 years. To this very day, I quote B. Rex McGee and Ralph Harwell as I remember all those previously mentioned who shaped the way I practice law. Truth, honor, hard work and a love of the law as it applies to humanity. The honor of upholding our Constitution, advocating for our basic freedoms and upholding the rule of law are gifts we lawyers are given to share and protect.

Once in the District Attorney’s office, and with my friend and former trial partner, John Gill, on board we decided to change from a reactive office to a proactive force to try to prevent crime in the first place. Efforts on truancy, domestic violence, juvenile justice, and elder abuse began. Most are still in place, and some have been expanded and improved. How much effect the programs achieved are hard to measure. Therein lies the problem and frustration. None of the problems have gone away and some are more compelling today without any apparent solutions.

But we can’t give up!

Lawyers must take the lead and we have fewer and fewer in the General Assembly year after year. Pass a law to increase punishment sounds good to the public – but does it work that way? We need a more thoughtful approach on criminal justice especially for juveniles, and lawyers are better suited to comprehend the issues involved.

Thank you to those who allowed me to share in their love of the law.

P.O. Box 2027 Knoxville, TN 37901

Prsrt Std US POSTAGE PAID

KNOXVILLE, TN PERMIT NO. 309