DICTA January 2024

Judicial News: Getting to Know New Knoxville Municipal Court Judge Tyler Caviness . . . Page 13 Management Counsel: Law Office 101: Navigating the Era of Pay Transparency: Legal Shifts and Strategic Insights for Employers . . . Page 25

A Monthly Publication of the Knoxville Bar Association | January 2024

DOES THE FIRST AMENDMENT’S SPEECH CLAUSE APPLY TO SOCIAL MEDIA USE BY GOVERNMENT OFFICIALS? THE SUPREME COURT HEARS ORAL ARGUMENT

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DICTA

January 2024

In This Issue

Officers of the Knoxville Bar Association

January 2024

COVER STORY 16

Does the First Amendment’s Speech Clause Apply to Social Media Use

by Government Officials?

CRITICAL FOCUS President Carlos A. Yunsan

President Elect Jonathan Cooper

Treasurer Rachel Park Hurt

Secretary Ursula Bailey

Immediate Past President Loretta G. Cravens

KBA Board of Governors Melissa B. Carrasco Meagan Collver Joan M. Heminway William A. Mynatt, Jr.

T. Mitchell Panter M. Samantha Parris Courtney Epps Read Vanessa Samano Charles S.J. Sharrett

James T. Snodgrass James R. Stovall Alicia J. Teubert Hon. Zachary R. Walden

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The Knoxville Bar Association Staff

19 25

President’s Message

A Place to Belong

Practice Tips

Don’t Be a Grinch

Legal Update

Reach Out and Touch: Tennessee Supreme Court Reiterates That Defendants Must Purposefully Avail Themselves for Personal Jurisdiction

Judicial News

Getting to Know New Knoxville Municipal Court Judge Tyler Caviness

Schooled in Ethics

The Relevance for Tennessee Attorneys of the ABA’s Amended Model Rule 1.16

Management Counsel

Navigating the Era of Pay Transparency: Legal Shifts and Strategic Insights for Employers

WISDOM Tasha C. Blakney Executive Director

Tammy Sharpe Director of CLE & Section Programming

Jonathan Guess Bridgette Fly Membership Coordinator Programs & Communications Coordinator

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

Volume 52, Issue 1

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).

January 2024

9 10 12 14 15

Jason Galvas LRIS Assistant

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 Robin McMillan Angelia Morie Nystrom Katheryn Murray Ogle Laura Reagan Ann C. Short Eddy Smith Grant Williamson

Tasha C. Blakney KBA Executive Director

DICTA

18 21 22 23 26 27 29

Attorney Profile

Governors’ Award Recipient John Eldridge

Judicial Profile

Judicial Excellence Award Recipient Hon. Sharon G. Lee

Outside My Office Window

Nostalgia in the Midst of Robert’s Rules of Order

The Oath

Jusjurandum

Hello My Name Is

Mariel Baugh

Privileged to Be a Lawyer

Unsung Heroes

In Limine: Profiling Future JDs

Colt Clements

Of Local Lore & Lawyers

Ode to a Street Lawyer

Top Ten List

Best Article Ideas for This Column

Barrister Bites

Making Memories…And Holiday Treats!

Bill & Phil Gadgets

Ray-Ban Meta Smart Glasses

Legal Libations

Xül Beer Company

Well Read

Furious Hours: Murder, Fraud, and the Last Trial of Harper Lee

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. If you have a CLE program topic or speaker suggestions, please contact the ADR Section Chairs Joe Jarrett (566-5393) 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. The next Pro Bono Debt Relief Clinic will be held on February 3, and volunteer registration is available at www.knoxbar.org. If you have a CLE program topic or speaker suggestions, please contact the Bankruptcy Section Chairs Greg Logue (215-1000), Kevin Newton (588-5111) or Shanna Fuller Veach (545-4284).

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 (804-3741), 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. If you are interested in getting involved or have suggestions for CLE topics, contact Section Chairs Blair Kennedy (539-3515) or Laura Wyrick (297-5511).

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 Section Chairs Ron Mills (215-2050) or Mitchell Panter (545-4167).

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 2022 will automatically be opted-in to the section. If you would like to get involved in planning section activities, please contact Section Chairs Dalton Howard (546-0500) or Mari Jasa (546-7770).

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 January

n9 n 10 n 10 n 18 n 24 n 25 n 30

Access to Justice Committee Veterans Legal Advice Clinic Barristers Planning Meeting Bar Leaders Event Board of Governors Meeting Law Practice Today Webinar CLE Committee Meeting

February

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Law Office Tech Committee Senior Section Luncheon Veterans Legal Advice Clinic Bankruptcy CLE Board of Governors Meeting Law Practice Today Webinar

SAVE THE DATE: The Bill & Phil Show 2024: Artificial Intelligence Gets Real January 25 Microsoft 365 – Its Value Proposition for Lawyers and The Included Useful Applications Most Subscribers Aren’t Even Using February 29

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

January 2024

PRESIDENT’S MESSAGE By: Carlos A. Yunsan University of Tennessee College of Law

A PLACE TO BELONG The same question kept popping up as I pondered what to share for my first message as KBA President: How did this come to pass?

Granted, I had known this time would come for a little over two years, after receiving that humbling call from Jason Long asking if I would be willing to serve as the association’s secretary. But how? How did this Panama-born, long-haired, judicial law clerk (at the time) still working on his accent get considered for the distinct honor of serving as president of the Knoxville Bar Association?

For me, the journey started with a KBAhosted new admittee reception after passing the bar exam ten years ago. The members of this bar took the initiative to make sure new attorneys like me could start their legal careers feeling welcomed and having an opportunity to connect with more seasoned attorneys. Then, in 2018, I joined the Diversity in the Profession Committee (DPC) and was impressed to see the investment of then President Keith Burroughs, meeting after meeting, as volunteer attorneys wrestled with creating the conditions that would lead diverse attorneys to call Knoxville home for the long haul. 2020 President Hanson Tipton asked if I would be willing to serve as Co-Chair of the DPC, and 2021 President Cheryl Rice encouraged me to run for a spot on the Board of Governors. And then, of course, Jason Long’s call came. These friends and Bar leaders continue to share with me their encouragement, friendship, and wisdom to this day. I share my path only to highlight the fact that this association is full of leaders (who are also terrific attorneys) with a vision for its members— the type of vision and leadership that make you feel you belong. I’m incredibly thankful for the years’ worth of support and trust from these and many other colleagues. I only take credit for something small: being willing to show up and to try some new things when asked. How could I not?

In my assessment, then, the answer to that persistent question— how did this come to pass?—became simple. This association of ours is much more than a collection of attorneys spanning numerous areas of practice and representing clients in federal and state courtrooms in Knoxville and beyond. It’s more than a professional organization masterly providing high quality in-person and virtual CLE programs; wellness initiatives that help its members perform at peak levels for longer; and social gatherings that bring colleagues together to enjoy fellowship and to honor each other’s accomplishments. It’s even more than a model among metro bar associations for its commitment to meaningful initiatives, inclusion, and membership engagement. Indeed, our association is a community of skilled and talented attorneys who volunteer their time and often go the extra mile so that all of us together, as the Knoxville Bar, can be equipped to rise professionally and to make a difference.

January 2024

Succinctly, the KBA is a place to belong—for all of us. This is what makes me most proud and excited about serving as president this year.

But that type of good, sustainable, and engaging organizational stuff does not happen by default. It requires an immense amount of continuous and intentional input. In other words, the work is never done. We have and have had over the years scores of staff and volunteer bar leaders to thank for the KBA’s successes-- individuals who had the vision to act and invest when an association for Knoxville legal professionals did not look anything like what we enjoy today. These folks still work behind the scenes so we can shine. Chief among them—you guessed it—is our former (and now Emeritus) executive director of thirty-three years, Marsha Watson!

As we start our first year in a very long time without Marsha, let us resolve to honor her legacy of excellence and care by continuing to build upon the foundation Marsha and others expertly laid. I ask that we (1) reach out to and befriend an attorney we are not familiar with (a recent admittee or just someone new to our Bar would be a great choice!); (2) personally engage in a KBA activity or initiative we have not tried before; and (3) bring a colleague in our sphere of influence along, so that not only we expand our own individual horizons, but we also expand the KBA’s ability to be a place to belong.

And we have a leg up for at least two reasons! Our new executive director, Tasha Blakney, has embodied these three “asks” for as long as she has practiced law. I can’t wait to see all that she will do. Quite frankly, I’m so very relieved that—notwithstanding any blunders you might see from me—we are in good hands. But Tasha and the KBA will rise higher with all of us doing our part. Moreover, whether you are up for a wellness challenge, have decided to advise our Supreme Court on how procedural rules need to be amended, or (and?) simply want to ensure that our Bar remains a welcoming and vibrant place for all Knoxville attorneys, the opportunities at the KBA are endless. Don’t know where to start? Call me or Tasha, and we’ll connect you with the folks who are waiting to put your talents to good use. In that regard, do call ASAP if AI is your cup of tea—we need you!

So, happy 2024! I cannot tell you enough how thankful I am for your trust and support, and for your service and contributions to the KBA over the years. Engaged members are the lifeblood of every volunteer organization. Please take the opportunity to reach out and tell us how we can strengthen it. And as you consider what you will make out of this new year, endeavor to make it one where you personally engage and invite others, try something new, expand your horizons, and continue making the KBA a place to belong.

DICTA

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PRACTICE TIPS By: Michael J. Stanuszek The Stanuszek Law Group, PLLC

DON’T BE A GRINCH Now, before we get started, there’s something that I need to make clear…

There’s nothing inherently wrong with the Grinch. He’s a dog lover.

He has a set of teeth that would make my dentist salivate. He has a home on a mountain top with a view as far as the eye could see. I mean, the guy would clean up on Grinch Tinder, or Grinch Hinge, or even Grinch Bumble. (Though Grinch FarmersOnly may be a stretch; I don’t remember seeing many agricultural-types down in Whoville.)

In fact, the only negative thing I can say about the Grinch is he was an a$%hole.

That’s right, I said it. That green, naked, gift-loving, pot-bellied, ball of fur was undoubtedly an a$%hole.

Now, I can’t really blame him. The guy spent his days climbing up and down a snowy mountain with a dog under his feet and a heart that was three sizes too small. Frankly, if that was me, then I’d probably be an a$%hole, too.

But whereas the Grinch had an excuse for his rotten behavior, there are a handful of attorneys in our beloved Bar who consistently–and quite prominently–exhibit those same types of behaviors; behaviors one could only describe as ill-natured, mean-spirited, and just plain ugly.

So to those few attorneys in our cherished Bar who relish in such behaviors, I wish to offer this modest yet sincere recommendation for the New Year: Don’t be a Grinch.

Now, please don’t misunderstand me.

I’m not saying that court should look like tea time on the veranda of Buckingham Palace. I’m all for civility, but sometimes attorneys need to kick a little.

And I’m also not saying that attorneys should cower to their opposing counsel like a wilted violet. Quite the contrary. A good, old fashioned duel between two attorneys is an absolutely beautiful thing to watch.

So please, for the sake of the profession, the Bar, and your clients, continue arguing until you’re blue in the face with all the zeal you can muster.

But there has to be a line.

There are a few Grinches in our Bar who take personal jabs at opposing counsel in their arguments, who call opposing counsel names on the record, and who turn their hearings into nothing but a spitting contest between the attorneys.

There are a few Grinches in our Bar who needlessly notice opposing counsel to depositions without consulting their availability, who pre-set motion hearings but won’t agree to a continuance when it conflicts with opposing counsel’s schedule, and who file Motions to Compel on Day 31 and then insist on opposing counsel paying their fees in doing so.

There are a few Grinches in our Bar who see a young opposing counsel as an opportunity to play King on the Mountain, like they’re hazing a fraternity pledge back in 1982. I once saw an experienced attorney object to the first 80 questions asked by his young opposing counsel in a discovery deposition. Afterwards, having witnessed this, I asked him why he was such an a$%hole to that young attorney and his response was, “That’s what I’m paid to do.”

Really?!?

And the sad thing is everyone knows who these Grinches are. If I sat in a room of local attorneys and gave the first and last initial of any one of these Grinches, nearly every attorney in that room would know

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exactly who I was referencing.

They’re the same attorneys who make you roll your eyes when you see their names on the initial pleading, or who make you think twice about taking a case when your client is in your office for the initial consultation–not because they’re great attorneys (though some are), but because you have to consider whether it’s worth the headache you’re going to have for the next 1-2 years by arguing needlessly with opposing counsel about everything (and anything).

And look, I get that we live in a world nowadays where everything’s gratuitously argumentative. But as an attorney, we need to be better than that.

We also need to stop equating hostility with effort. There are better ways to zealously represent your client than being an a$%hole to opposing counsel.

So again, this message only applies to a few members of our Bar. For most, you’re going to read this article and think, “I can’t believe he cussed six times,” but also (hopefully), “He’s right.”

You know, a lot of people say the Grinch was an a$%hole because he hated Christmas. That’s incorrect, though. The Grinch didn’t hate Christmas–the Grinch hated people. As such, there’s nothing inherently wrong with being a Grinch.

It’s just not a great way to practice law.

DICTA

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ATTORNEY PROFILE By: David Eldridge

Eldridge & Blakney

GOVERNORS’ AWARD RECIPIENT JOHN ELDRIDGE I am very pleased to be able to write this profile of my older, not quite as smart, and not quite as good-looking brother, John. We have long introduced each other with this type of sarcasm. John regularly introduces me as his younger, not quite as smart, and not quite as good-looking brother. This brotherly banter, however, masks the true love, affection, and respect I have for my brother John.

John was born to Ed and Elizabeth Eldridge in 1948. Our father Ed Eldridge served a long career (44 years) as a United Methodist minister. John’s growing up years with our older brother Joe were understandably centered around the church. John and Joe moved every four to six years to churches around east Tennessee and southwest Virginia.

By his high school years, the family had landed in Maryville and John graduated from Maryville High School. John went on to attend Emory & Henry College. John’s years at E&H were wonderful for him, and he thrived there. John has remained an active and loyal alumnus for all these years serving on its Board of Trustees and is its former Chair. During a recent walk with him on campus, John showed me with pride his name on several plaques around campus reflecting his service (and generosity) to the College.

John’s path to law school did not directly follow his college graduation. Between graduating from E&H in 1970 and graduating from the UT law school in 1979, John considered following in our father’s footsteps and becoming a minister. He attended seminary for a year. Deciding that the ministry was not for him, he worked as a college recruiter, then obtained a Masters in College Administration followed by a few years at the Mississippi University for Women. Deciding that he would rather do his preaching in the courtroom and not the pulpit, he made the decision to go to law school.

He began his legal career working with Bob Ritchie. Already armed with years of learning both relationship and advocacy skills from our Dad, he began honing his trial skills helping Bob with a number of heavy trials. There is a legacy of an entrepreneurial spirit among the Eldridges and John left to start his own practice after approximately 5 years. He practiced law actively until 2021 for a total of 42 years. John spent the last several years of his practice as Of Counsel with our firm.

During his practice, John regularly accepted appointments for death penalty cases and achieved some amazing results in these most difficult cases. John also was active in civil rights litigation challenging the unconstitutionality of the overcrowding and conditions in many local county jails in East Tennessee. His efforts resulted in the building of several new jail facilities and the improvement of conditions for those housed there.

John is a past president of the Tennessee Association of Criminal Defense Lawyers, the Board of the Federal Defenders, and the Hamilton Burnett American Inn of Court. He served two terms on the KBA Board of Governors and was a long-time co-chair of the Memorials CommitJanuary 2024

tee. John has received the KBA’s Law and Liberty Award and is also a Fellow of the Knoxville Bar Foundation. John obtained his certification as a Criminal Law Specialist, achieved an AV Martindale Hubbell rating, and was consistently listed in The Best Lawyers in America in the specialty of criminal defense.

John has served our community in many ways as well. John is a past president of the Board of Big Brothers/Big Sisters of Knoxville. As an example of his commitment to relationships, he is a Big Brother to Jason and 40 years later, John maintains that relationship to this day. He is a past president of the West Knoxville Sertoma Club and the Wesley House Community Center Board. He has long been active at Church Street United Methodist Church and served for 12 years as the General Counsel to the Holston Conference, a volunteer position.

John has been married to his wife Phyllis for 21 years and together they have built a loving and welcoming home in which their family regularly gathers. This family includes John’s two children, Robert and Laura (and her husband Matt), Phyllis’ two children Rachel (and her husband Andrew) and Rachel’s son Chance, and Joe (and his wife Jessica and their son Steph).

With pride and love, a hearty congratulations to my brother for being recognized with the Governors’ Award this year!

DICTA

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DICTA

January 2024

JUDICIAL PROFILE By: Bill Vines

Butler Vines & Babb

JUDICIAL EXCELLENCE AWARD RECIPIENT HON. SHARON G. LEE On December 8th, the Knoxville Bar Association presented retired Justice Sharon Lee with the prestigious Judicial Excellence Award.

The award Many years ago, the Knoxville Bar Association Board allowed for a special award for judges, the Judicial Excellence Award. It has rarely been given.

While the annual Governors’ Award honoring attorneys has been given 36 times, the Judicial Excellence Award has only been given 7 times.

The Knoxville Bar Association realizes that giving an award to a judge is quite sensitive. Therefore, the award is not given solely because a judge has performed his/her services well. Rather, it is given where the work of a judge, combined with their persona, social concern, and influence causes us to say: “This person is an outstanding judge. This person is an outstanding community citizen.”

Sharon Lee is such a person.

She is a trailblazer and “people person” Sharon Lee was the first female to serve on the Eastern Section Tennessee Court of Appeals. Subsequently, she was appointed and later elected by the people of Tennessee to serve as a justice on the Tennessee Supreme Court. She was the longest-serving member of the Tennessee Supreme Court at the time of her retirement in August of 2023.

Justice Lee is a person of many interests and is very much a “people person.” She is very interested in Tennessee walking horses and rode a walking horse at halftime in Neyland Stadium.

She actually presented at the prestigious Tennessee Walking Celebration in Shelbyville.

Until recently, she lived on the lake and could be seen kayaking, riding a paddleboard, taking out a ski boat alone for a ride, and she even owned a water bicycle (really??).

She loves celebrations of the seasons. Her yard will always have an inflatable at Easter, Halloween, and Christmas.

Her daughter, Laura, is an attorney in South Carolina, and her daughter, Sarah, is a kindergarten teacher in Knoxville. She is actively involved with the lives of her grandchildren.

So, Sharon was and is active in the community and is very popular among lawyers and in the community. She is a role model person and a role model judge. The Bar Association is really proud of her work and proud of her community service. She deserves the Knoxville Bar Association Judicial Excellence Award.

Sharon Lee is active in the community Sharon Lee frequently volunteered when asked to speak to community, school, and legal groups. She was on the board of many civic groups, including: Knoxville YWCA, East Tennessee Historical Society, Knoxville Executive Women’s Association, Monroe County Boys and Girls Club, Tennessee Lawyers’ Association for Women, Webb School Alumni Association and University of Tennessee College of Law Dean’s Counsel. She is a member of the Knoxville Bar Association and served as adjunct faculty at the University of Tennessee Law School. Seeing a need for a specialized court in complex business litigation, she proposed the Business Court in Davidson County. By most accounts, it has been very successful and well-received.

Sharon Lee is hard-working Judge/Justice Lee participated in approximately 1,500 cases and wrote approximately 450 opinions. She was not bashful to dissent. She never “went along to get along.”

There is not a fireplace mantel or office wall large enough to hold the awards Sharon Lee has received. Among them: University of Tennessee Distinguished Alumni Award, Legal Aid of East Tennessee Chief Justice William Barker Equal Access to Justice Award, Grayfred Gray Public Service and Mediation Award, Girl Scouts Counsel of the Southern Appalachians Woman of Achievement Award, YWCA Tribute to Women’s Honoree, Webb School of Knoxville Distinguished Alumni Award, University of Tennessee Alumni Professional Achievement Award, and the National Association of Women’s Judges Spotlight Award.

January 2024

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OUTSIDE MY OFFICE WINDOW By: Robbie Pryor Pryor, Priest & Harber

NOSTALGIA IN THE MIDST OF ROBERT’S RULES OF ORDER “Let’s go,” he said.

Frank Flynn was standing in the door of my office on the second Friday of December. It was 1995. I’d gotten my bar results just two months earlier and was ready for battle. I had a baby on the way - our first - and plenty of black hair to match my youthful idealism. “Where are we going, Frank?” I asked the co-founder of our firm.

“The annual meeting,” he said as he adjusted his starched shirt, taking great care that it was tucked in all the way.

I didn’t know what he was talking about.

As we walked to the elevator, he revealed that he was talking about the KBA Annual Meeting. It is a fortunate thing for a young lawyer to have a mentor. I’ve had several, including my father, of course. However, other partners in my firm - Tim Priest and John Harber - took great interest and always had an open-door policy.

Frank took a special interest in me. Perhaps it was because his children did not become attorneys or that he’d watched me and my siblings grow up. He was always Uncle Frank when I was growing up. He’d call the house in my formative years to tell my Dad to turn on various programs, especially music performances on PBS. He’d always tell me or my sibling that answered the phone that he loved us. When I joined the firm, he would often find ways to drop tidbits of knowledge. On this particular Friday, we took the same path to the City County Building I’ve taken for 28 years now - crossing Church beside Pryor Brown Garage (No! I don’t own it!), then to Cumberland and across Main. It was cold. I didn’t have any business before the various courts that morning and could not understand the importance of this “meeting.” On the way, he began to teach.

He said that it was important to visit with lawyers, to express good tidings for the season to come and shake hands with people you argue with all year. “This can be a hard life. You have to make friends.” Frank believed in the profession. He talked about his father, Frank Flynn, Sr. (1967 President of KBA), who was a true gentleman lawyer, and how he always emphasized to Frank the importance of professionalism and camaraderie with your peers. My father has always made the same point.

As a kid, lawyers and judges had been to my house to practice skits and their various performances for Bar Auxiliary functions. Before law school, I thought being a lawyer meant there was always a party going on. A bit of false advertising.

When we arrived, I stood with Frank at the back of the small assembly room and watched the parade of lawyers come through the door. Judges from the Court of Appeals and every court in town came in, having delayed the beginning of court for the meeting. I listened as John Smartt read the memorials and thought it such an honorable thing to one day be mentioned with other lawyers. President Dennis McClane

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turned over the reigns to Johanna McGlothlin as President. I knew many lawyers by then, but Frank, as my father always has, wanted to make sure I met everyone. He introduced me to Bernie Bernstein, Foster Arnett, and Bill Vines, all distinguished and striking in their presence.

Bob Richie, Tom Dillard, and Pam Reeves greeted me as equals. John Lockridge told me a dirty joke, and Dalton Townsend quizzed me about a new case I had with him (it was always a ridiculous case in Dalton’s estimation).

Arthur Seymour, hat in hand, welcomed me to the profession. I felt I was amongst the greats. It turns out that I most certainly was.

Marsha (Pace) Watson was in her 5th year. I signed up for the Barristers that day. Motions were barked out and seconded, “the ayes” have it confirmed the next order of business, and I felt a bit like I did when I first walked into Ringling Brothers and Barnum and Bailey Circus at the Civic Coliseum as a child. In a matter of minutes, I wanted to serve, speak, write and be an integral part of this new circus for life. I left with spirits up and inspired for the year to come.

I sat with my Dad at our annual meeting last month. We both laughed when Loretta Cravens asked for anyone practicing 50 plus years to stand. My father, who has practiced 55 years and just celebrated his 80th birthday said, “we can’t stand.” I listened as K.O. Herston read Bernie Bernstein’s name in the memorial portion of the program and marveled at all the young faces surrounding me. I thought about Frank, who died in 2005. I felt grateful for him, my firm, and for my life as a lawyer in this town. I was unexpectedly overcome by nostalgia as Robert’s Rules of Order were expertly executed, hit by a measure of the same feeling of camaraderie, professionalism and the sense of awe I felt in 1995. It never fails. I felt fortunate to be a member of an organization with great lawyers, principled and measured judges, and leaders - both old and new. Good people.

As I left the building, I stepped back and watched my father congregate with John Eldridge (worthy recipient of the Governor’s Award) and Bill Vines, and I don’t know why, but it just felt like all was right with the world. I hugged Marsha, who is retiring after 33 years, and thanked her for making our organization into the amazing thing it is today. It just won’t ever be the same without her. Then, I walked back to my office, a good bit of it with Professor Judy Cornett, my favorite law professor. We talked about John Lennon on the 43rd anniversary of his death. In the almost three decades since my first annual meeting, I have often felt like Cormac McCarthy’s “riderless horse,” beaten and bloodied by the battle that comes with our professional world. The annual meeting resets me. Sometimes it is just good to be with the other horses. Don’t miss the next one. Happy New Year!

DICTA

January 2024

LEGAL UPDATE By: John Towers Rice

Assistant Professor of Law Lincoln Memorial University Duncan School of Law

REACH OUT AND TOUCH:

TENNESSEE SUPREME COURT REITERATES THAT DEFENDANTS MUST PURPOSEFULLY AVAIL THEMSELVES FOR PERSONAL JURISDICTION The Tennessee Supreme Court recently held in Baskin v. Pierce & Allred Construction, Inc.1 that a Tennessee court lacked personal jurisdiction over a nonresident defendant for construction work performed out-of-state. Plaintiff, a Tennessee resident, hired Defendant, an Alabama contractor (Contractor) for a construction project in Alabama.2 Acting on a personal recommendation, Plaintiff contacted Contractor. Contractor then prepared a proposal, which Plaintiff accepted and signed in Contractor’s Alabama office. The contract did not include a forum-selection clause. Then, Plaintiff provided Contractor with plans designed by a Tennessee architecture firm and purchased and shipped supplies from Tennessee vendors. Contractor had no contact or relationship with the architect or vendors. All of Contactor’s work and meetings with Plaintiff were in Alabama, and Contractor would send Plaintiff communications and invoices via email, phone call, or text message.

Around the same time, Contractor engaged in two other construction projects in Tennessee.3 One involved moving a cabin from Tennessee to Alabama, and the other involved the construction of a lake house. For the latter project, Contractor obtained a Tennessee contractor’s license (which lapsed during the project) and registered as a foreign corporation with the Tennessee Secretary of State.

Ultimately dissatisfied with Contractor’s work, Plaintiff initiated suit against Contractor in Davidson County, Tennessee, asserting that Contractor had mismanaged the project and left the residences “riddled with construction defects.”4 The trial court granted Contractor’s motion to dismiss for lack of personal jurisdiction.5 The court concluded that Contractor was a nonresident defendant that lacked requisite minimum contacts and that Contractor could not have reasonably anticipated being haled into a Tennessee court. Specifically, the relevant events occurred exclusively in Alabama and Contractor’s other Tennessee contacts were both unrelated and minor, attenuated, and insufficient to establish the requisite contacts.

The Court of Appeals reversed because it concluded that Contractor’s contacts and connections with Tennessee supported personal jurisdiction.6 The court found that the plans were created in Tennessee, construction materials came from Tennessee, and that Contractor directed communications and invoices to Plaintiff in Tennessee.

Additionally, Contractor’s other construction projects in Tennessee related to Contractor’s work for Plaintiff, and Contractor’s Tennessee license and registration with the Secretary of State made it foreseeable that Contractor would be haled into Tennessee courts.

The Tennessee Supreme Court determined that Plaintiff failed to establish that Contractor had minimum contacts with the state necessary for the exercise of personal jurisdiction and that the Court of Appeals had wrongly concluded that Plaintiff ’s claims against Contractor related to Contractors other construction projects in the state.7 The Court explained that to exercise specific personal jurisdiction over a nonresident defendant under Tennessee’s long-arm statute, due process requires that the defendant must have “certain minimum contacts” with the state such that requiring the defendant to defend the suit there “does not offend ‘traditional notions of fair play and substantial justice.’”8 The analysis should focus on “the relationship among the defendant, the forum, January 2024

and the litigation.”9 Specific personal jurisdiction is “case-linked” and “limited to claims deriving from or connected with the controversy that establishes jurisdiction.”10 That is, the suit must “arise out of or relate to the defendant’s contacts with the forum.”11 Defendants have minimum contacts only when they have purposefully availed themselves of the privileges and benefits of conducting activities within the state.12 Only defendant’s conduct is relevant—not unilateral activities of third parties. Further, there must be a substantial connection with the state; random, fortuitous, or attenuated contacts are insufficient. The inquiry is whether a defendant would reasonably anticipate being hauled into court in the state.

In an earlier opinion, Crouch Railway Consulting, LLC v. LS Energy Fabrication, LLC,13, the Court held that a contract between a resident plaintiff and a nonresident defendant may support an exercise of specific personal jurisdiction in some circumstances.14 The Court explained that, while the mere existence of such a contract is insufficient, “courts must examine the totality of the facts and circumstances surrounding a contract” to determine whether the defendant’s contacts subject them to personal jurisdiction in the state. While a contract is frequently an intermediate step between business negotiations and future conduct, the true question is the “breadth and depth” of the contract and whether those contacts were “sufficiently substantial to give rise to personal jurisdiction.”15 The Court held that the facts before it in Baskin were distinguishable from Crouch.16 The contract in Crouch was the result of the defendant’s own “purposeful, deliberate actions directed toward Tennessee.”17 Even though the defendant never physically entered the state, the defendant knowingly made a contract with a party in Tennessee for services that would be performed in Tennessee. Further, the defendant had substantive communications with the plaintiff in Tennessee.

This was not true of Contractor in Baskin.18 Plaintiff, not Contractor, initiated communication about the contract, and the contemplated services were to be exclusively performed in Alabama. The Court concluded that while Contractor knew about the Tennessee connection, the contacts were nonetheless attenuated and the result of unilateral acts of third parties. They did not constitute purposeful availment

by Contractor to Tennessee. Likewise, the Court determined that Contractor’s communications with Plaintiff were of “low quality” and “insubstantial.”19 Finally, the Court noted that while there is no constitutional requirement that a claim be casually related to the defendant’s contacts with the state, there must be a strong relationship among the defendant, the litigation, and the forum.20 Contractor’s other contacts with the state demonstrated only a “minor and insignificant”21 relationship among Contractor, Contractor’s work on the other projects, and the Plaintiff ’s litigation. Likewise, Contractor’s procurement of a Tennessee license and registering as a foreign corporation fell short of establishing personal jurisdiction.

Accordingly, the Court reached a logical conclusion while also providing a useful and concise overview of specific personal jurisdiction.

Specific personal jurisdiction, when based on contract, depends on more than the existence of a contract, but also on the breadth and depth of

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THE OATH By: Melissa B. Carrasco

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

JUSJURANDUM Jusjurandum. In Latin, it is a compound word. Jus is the word for the law, but it is very different from the other words primarily used for “the law.”1 Jus was used to refer, not just to the law in general2 or to the legal system.3 Jus meant a person’s authority or right – something the ancient Romans took very seriously.4 After all, not everyone in ancient Rome had rights. For the most part, in ancient Rome, rights were reserved to citizens, and one of those rights was Jusjurandum –the right to take Jurandum – an oath.5 An oath is a curious thing. It is a promise. But it is a fundamentally different sort of promise. It is a promise with the expectation of an eternal consequence if the person who took the oath broke it.6 If you climbed in the WayBack Machine and traveled back to ancient Mesopotamia, you would find that oaths had three parts.

There was a promise to do something or refrain from doing something. Then, there was an invocation of a higher authority— someone or something who could enforce the oath. Finally, there was a curse—something of eternal consequence that the oath taker agreed would happen if the oath was broken.7 Here is an example, from the Vulture Stele,8 dated around 2,600 B.C.: Eannatum laid the šušgal-net of [the god] Enlil upon the Ummaite, [and] he [the Ummaite] swore to him [Eannatum]: “By the life of Enlil, the king of heaven and earth! The fields of Ningirsu I will eat [only] up to one karu, [and only] up to the old dike will I claim; but never unto wide eternity will I violate the boundaries of Ningirsu, nor will I infringe upon their dikes [and] canals; nor will I rip out their stelae. If I violate [this treaty], then may the šušgal-net of Enlil, by which I have sworn, be hurled down on Umma from heaven.”9

A few weeks ago, I had the privilege of sitting on the front row of the Main Assembly Room of the Knox County City-County Building, and I watched hundreds of people in suits stand with right hands raised while Chief Justice Kirby administered this oath. They repeated each word, some with tears, some with smiles –each word repeated as sincerely as possible.

Then there was a pause, a sigh, and applause.

Each one made a promise, invoked a higher authority, and voluntarily assented to the consequences if they broke their promise.

They had earned the right to take that oath, and talking to many of them afterward, it was clear that they thought it was a privilege.

But, oaths are not unique to the legal profession. Medical professionals, law enforcement, military service members, elected officials – even the KBA President—have to take an oath before they are allowed to serve. This year, we are going to explore these oaths and the people who have earned the right and who accept the privilege of being allowed to take one of these oaths. Each is unique.

Each tells a story. Each has a timeless lesson. Jusjurandum.

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In case you were wondering, next to this inscription is a depiction of a net with a bunch of people caught inside being clubbed to death.10 It is fair to say that the Ummaite who made this oath had some idea of the consequences if he or his people broke the oath and crossed the boundary line with Ningirsu.

Why did an oath require invoking a higher authority? Why did it involve a voluntary assent to such dire consequences? In ancient times, as civilizations were just starting develop, it was the only way different families, tribes, cities, or kingdoms of any sort could make a treaty that they knew the other was going to keep.11 Why? Because no one was going to risk the eternal consequences of angering a deity by breaking that kind of promise.

The oath was the most basic element of the earliest form of the legal system, and the ability to take an oath was a right and a privilege. It still is.

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I, , do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution of the State of Tennessee. In the practice of my profession, I will conduct myself with honesty, fairness, integrity, and civility, so help me God.12

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William Smith, William Wayte, G.E. Marindin, Jus, A Dictionary of Greek and Roman Antiquities (1890), available at https://www.perseus.tufts.edu/hopper/text?doc=Pe rseus:text:1999.04.0063:entry=jus-cn#:~:text=JUS%20(in%20early%20Latin%20 jous,the%20plural%2C%20rules%20of%20law%2C, last visited Dec. 8, 2023.

That word was lex, referring to the law in general or written enactments. Id. And that word is jura, which refers to the rule of law. Id. Id. William C. Smith, Jusjurandum, A Dictionary of Greek and Roman Antiquities (1875), available at https://penelope.uchicago.edu/Thayer/E/Roman/Texts/secondary/ SMIGRA*/Jusjurandum.html, last visited Dec. 8, 2023.

See Merriam-Webster Dictionary, Oath, available at https://www.merriam-webster. com/dictionary/oath, last visited Dec. 7, 2023.

Donald L. Magnetti, Function of the Oath in the Ancient Near Eastern International Treaty p. 815, 816 (Fordham Law School 1978), available at chrome-extension:// efaidnbmnnnibpcajpcglclefindmkaj/https://ir.lawnet.fordham.edu/cgi/viewcontent. cgi?article=1766&context=faculty_scholarship.

The Vulture Stele or “Stele of the Vultures” is an ancient, limestone stele depicting the history of a war between Lagash and its rival, Umma. It was discovered in Tello, Iraq, and is currently located at the Louvre in Paris. If you want to learn more, see Josho Brouwers’ fascinating article, Stele of the Vultures in Ancient World Magazine, which is available at https://www.ancientworldmagazine.com/articles/ stele-vultures/.

See id. (Translated by S. N. Kramer in The Sumerians 310 (1963)).

James B. Nies & Clarence E. Keiser, Historical, Religious & Economic Texts & Antiquities, 2 (Yale Univ. Press 1820), available at chrome-extension:// efaidnbmnnnibpcajpcglclefindmkaj/https://babylonian-collection.yale.edu/sites/ default/files/files/BIN02.pdf.

See Magnetti, supra n.3 at 815-16.

Tenn. S. Ct. R. 6.

January 2024

JUDICIAL NEWS By: Chelsea Moore

Gaines, Moore & Bowling

GETTING TO KNOW NEW KNOXVILLE MUNICIPAL COURT JUDGE TYLER CAVINESS Though born in Los Angeles, California, Tyler is not a stereotypical Californian, probably because Tyler’s parents, Mark and Crystal, moved the family to Nashville, Tennessee while Tyler was still in diapers. Once in Tennessee, Tyler’s sister, Kelly, joined the family.

Tyler completed grade school in Nashville before moving to Athens, Tennessee to attend college at Tennessee Wesleyan University.

He was recruited to play lacrosse at Tennessee Wesleyan and received a lacrosse scholarship each of the four

years he played in college.

Following his undergraduate studies in English and History, Tyler enrolled in the University of Tennessee College of Law. Tyler doesn’t have any attorneys in his family and, before going to law school, he only knew one lawyer. Tyler expected to follow a business law path (I guess Suits looked more appealing than Perry Mason). He credits his change in trajectory to the College of Law’s Legal Clinic, though it came about in a way he didn’t expect. Always eager for experience, Tyler signed up for the Innocence and Wrongful Convictions Clinic because it was the only clinic that allowed first semester 2Ls to get hands on experience.

The Innocence and Wrongful Convictions Clinic gave law students the opportunity to present new evidence and attempt to exonerate wrongfully convicted people in the form of Post-Conviction Act petitions, writ of error coram nobis petitions, and state habeas corpus petitions. It is an area of criminal law that some defense attorneys never explore and here Tyler was getting a crash course before he’d even made it halfway through law school. Tyler took to the subject like a duck to water.

He felt like the work truly mattered, and he treated it accordingly – at times to the detriment of some of his other studies.

Beyond illuminating his professional calling, the Clinic also changed Tyler’s personal life. While in the Clinic, Tyler met the people that have become some of his most cherished relationships. He met me, his self-proclaimed best friend, began dating his now-wife Christy, became friends with his future campaign treasurer, Marshall Jensen. Stephen Ross Johnson and Penny White were our clinic professors, and Tyler is glad to call them both friends and mentors.

After Tyler completed his year in the Clinic, he began clerking at Ritchie, Dillard, Davies & Johnson, P.C. It was hard work, challenging, and intense, but also immensely rewarding – Tyler’s favorite qualities in his work. Tyler would go on to work there as a licensed attorney where he sat second chair on several high-profile cases and continued to gain trial, appellate, and post-conviction experience.

Eager to gain courtroom experience, Tyler next joined the Knox County Community Law Office as an Assistant Public Defender. While there, Tyler developed his passion for indigent defense. He was also given an education about the difficulties that many Knox County residents experience due to housing or employment instability, addiction or mental health issues and how the legal system intersects with those community January 2024

issues. Tyler ultimately went back into private practice with the Garza Law Firm, PLLC, before starting his own practice focused on criminal defense.

Tyler has always been active in Tennessee’s criminal defense lawyers’ community. For three years, he has served as the Chair of the Tennessee Association of Criminal Defense Lawyers’ Committee that is responsible for publication of the organization’s state-wide magazine, For the Defense. With his frequent speaking partner, Assistant Public Defender Christy Murray, Tyler has given CLE presentations at the annual conferences for the Tennessee Public Defender’s Conference and Tennessee Association of Criminal Defense Lawyers.

This Fall, Tyler was able to return to the UT Legal Clinic in the role of professor for the Expungement Clinic. He was a student in the Expungement Clinic after his time in the Innocence and Wrongful Convictions Clinic and has regularly provided pro bono services with the expungement clinic since graduation. He has been thankful for the opportunity to give back to a program that has been so influential to his professional development.

Tyler’s wife, Christy, is an Assistant District Attorney in the Knox County District Attorney General’s Office. Tyler has two stepdaughters, Lyric, 15, and Nimuéh, 11, who attend West High School and Bearden Middle School. Tyler spent the last two years coaching Lyric’s girl’s lacrosse team and takes turns with Christy hauling Nimuéh to karate.

When they can, Tyler and Christy enjoy exploring East Tennessee with the girls and the family’s two dogs, as well as attending UT Football and Knoxville Ice Bears games.

With the support of his wife, their girls, and his family, Tyler decided to throw his hat into the political ring for the first time when he submitted his petition to run for Knoxville Municipal Judge. He saw the position as an opportunity to positively impact his community on a larger scale. Like everything Tyler does, he gave everything that he had to campaigning. He knocked on thousands of doors, handwrote hundreds of thank you cards, and did dozens of interviews. His hard work paid off on November 7, 2023, when he won with over sixty percent of the vote.

Tyler is quick to say that any measure of success he has achieved should be credited to the many people have given their time and attention to help him develop as an attorney and as a person. He wants to ensure that he prioritizes service to the community in the next chapter of the Municipal Court. While upholding the law and fairly administering justice, he intends to seek ways to improve efficiency, promote accessibility to the Court, and engage the people of Knoxville with compassion, dignity, and respect.

As Tyler takes the bench in the new Municipal Court Building, I expect him to bring all of the passion, curiosity, and enthusiasm that he brings to every new challenge. Tyler has always been an honorable man, but I’m glad that others have officially recognized it.

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HELLO MY NAME IS By: Bridget J. Pyman Arnett | Baker

MARIEL BOUGH January’s Hello my name is column features Mariel Bough, associate privacy counsel at VeraSafe, an international professional services firm providing consultation services involving data privacy law, data protection, and cyber security. Mariel is a Certified Information Privacy Professional, holding a CIPP/E credential from the International Association of Privacy Professionals.

Prior to beginning her legal career, Mariel attended Savannah College of Art and Design and earned her undergraduate degree in Equestrian Studies with a minor in Business Management.

She then attended and graduated from the University of Tennessee’s College of Law in 2020. Mariel is significantly involved in Knoxville’s legal community, a member of the KBA’s Corporate Counsel section, a co-chair of the Barristers Diversity Committee, and she was, this year, elected Member-at-Large of the Barristers Executive Committee.

Mariel’s practice area has given her a uniquely in-depth perspective on even seemingly mundane everyday tech privacy intersections that many folks don’t think twice about. Fortunately, Mariel, through her responses, embraced the opportunity to share some of her invaluable insight with DICTA readers.

Has the practice of law changed your perspectives or influenced the way you make daily decisions?

One of the most practical insights I have gained through my work in data privacy has been in relation to typical website user tracking practices in the U.S. including, for example, the use of cookies, web beacons, and device fingerprinting. Cookies are generally a round, delicious treat, sometimes filled with chocolate chips or peanut butter, but they are also known in the technology sense to be a small file stored on your device that collect information about you as a user and about your device.

Cookies can track aspects of your browsing behavior to create a complete profile of your interests, and inferences of your opinions and biases through visibility across sites into your webpages visited, current device geolocation data, etc. Some cookies that I have encountered in practice have expiration dates of 17 years from the date dropped on the user’s device. This led me to start switching on the Google Chrome setting to “block third-party cookies”, implementing Global

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Privacy Control signals through a privacy-centric Chrome Extension such as “Disconnect,” and to always choose to “Decline Cookies” by default if given the opportunity when visiting a website for the first time.

If you gave a TED Talk, what would it be about and why?

The topic of my TED Talk would be one that I often practice unsolicited on my friends and family. It would be titled something along the lines of, “Apathy is Not the Answer: A Privacy Professional’s Humble Take on Why Privacy Matters”. Many times, when someone is asking me about my job and the bigger picture behind what I do from day to day, they mention that they don’t mind what corporations, or government entities, do with their data because they “have nothing to hide.” To me, this is evidence of a lack of understanding of the risks associated with sharing personal data without regard for the basis of processing, the future rights of the data subject, or the company’s transparency into and integrity of processing personal data in a privacy-conscious way.

What person has had a significant impact on your life?

So many people have had a significant impact on my life, but one particularly strong influence is my aunt, Jennifer. Jennifer is in fact a human, but I would categorize her as something closer to a superhero. She is incredibly sharp and eloquent and is one of the top complex litigators in Texas and Arkansas, but she also somehow managed to raise her children, be an unwavering partner (in life and in business) to her husband, and always be present for her extended family members as well. She has shown me that it is actually possible to achieve a balance in life and accomplish personal goals all while continuing to grow and be successful in your career.

Tell me about where you volunteer your time.

Enter shameless KBA plug. I have always understood the importance of being involved in my local community, but in 2020 the importance of this became even more apparent to me as we experienced a high level of civil unrest nationally. At that time, I was reflecting on how I could be a part of making a difference, and around the same time I was asked to take on the role of co-chair of the Barristers Diversity Committee. The Diversity Committee began with a bit of a clean slate for the 2021 year, and we asked students at local law schools how we could be of assistance developing a culture in which students of diverse backgrounds would want to be involved. Thus, the idea was born to create a scholarship that serves the acute need for travel and accommodation cost alleviation for admitted students of diverse backgrounds to visit Knoxville prior to choosing to enroll in law school here.1 1

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If you’d like to get involved in this initiative, please reach out to Mariel or her cochair, Grant Williamson.

January 2024

PRIVILEGED TO BE A LAWYER By: Daniel L. Ellis Law Firm of Daniel L. Ellis, PLLC

UNSUNG HEROES Content Warning: The death of a child by a family member is discussed.

I am privileged to be a lawyer because I have borne witness to humble service and resolute courage in the courtroom. When I was only a few years into practicing law, I was appointed as a Guardian Ad Litem (GAL) in a case where a child had died in horrible circumstances allegedly caused by a grandparent. The respondent grandparent was facing allegations of severe abuse in a Juvenile Court while simultaneously facing felony charges in separate criminal proceedings.

The first lawyer for the grandparent had withdrawn with approval of the Court, but the case couldn’t go forward without another lawyer. A senior member of the bar agreed to serve, knowing the horrific allegations and anticipating a difficult client.1 It was essential that a competent2 attorney represented the grandparent, but it was wise to ensure that an exceptional attorney represented them. I am grateful for the judicial prudence in bringing in that senior counsel, even though, once involved, the senior attorney put us through our paces as they diligently and zealously challenged evidence and testimony. To be clear – this attorney was on the other side of what I thought was right, just, and necessary, and his interests were directly opposed to my clients – and it is in that context that my admiration for this attorney deepened.

These were the worst set of facts that I have been involved in as an attorney. So, what did I do? Bottle it up? No. I called another lawyer who is also a close friend, confirmed confidentiality, and vented. I needed to step aside from the role of restrained and respectful advocate for one of the siblings of the deceased child and unburden as a human. My friend listened. I am privileged to be a lawyer because I am a member of the legal community.3 Because I was able to talk about it with a trusted colleague and friend, I continued on that case for many years, and I did my duty and helped.

In the context of my gratitude to be a lawyer, why reflect on such a traumatic episode? Because legal practice is hard, and secondary trauma4 can be a part of practicing law. Accepting representation involving egregious allegations is not a light burden. All attorneys who serve in those circumstances are vital and often heroic public servants, but the unsung hero who I am remembering today is the attorney for the respondent.

I am privileged to be a lawyer because I believe in the inherent worth and human dignity of all people (though some people and circumstances test that belief ). I am privileged to be a lawyer because I believe in due process. I believe that as a legal system we strive towards fairer results. Sometimes one step forward and two back, but the goal of procedural justice is, for me, essential. I am privileged to be a lawyer because many of us have had the honor of accompanying our clients through great difficulties. We have some opportunity to provide succor, comfort, and realistic hope to our clients. Most lawyers are advisors; we have a strict ethical code and obligations. It is by educating our clients on those obligations that we allow them to make the best decisions possible, consistent with their better natures, or face the consequences of a noisy withdrawal.5 It is crucial to realize our own limitations. In that way, both lawyers and psychologists can interchangeably serve as part of this joke, “How many psychologists does it take to get a patient to change a lightbulb?

Only one if the patient wants to change.” We have to recognize our clients make their own decisions; we hold up and explain the law, caselaw, our experience in the courtroom. Sometimes clients decide to go against our legal advice; sometimes we have to withdraw; but most of the time we can still do our duty ethically and zealously.

Today, I reflect with gratitude for the senior attorney whose unrecognized lionheartedness made it possible for the wheels of justice January 2024

to turn, ensuring that a solid decision would be made because all parties were fairly and strongly represented. I have told the senior lawyer’s adult child of their valor, and no recognition can be more important than that.

The small and unheralded moments are why it is worth it to suit up and show up for our clients, colleagues, courts, and community. Being a lawyer is at its best when the ego disappears and the client’s journey is the only focus. I am privileged to be a lawyer because it brings me into closer, more authentic connection with the person sitting across from me.

We cannot do everything, but this enables us to do something and to do it very well. I am privileged to be a lawyer because when I fight for my client’s viewpoint, I fight for their humanity to be seen and that is how I build a future that is not my own.6 1 2

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Another excellent attorney represented another grandparent.

Tenn. R. Pro. Conduct 1.1 “A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.”

Secondary or vicarious trauma sometimes can be very heavy and processing it with a licensed therapist is an important part of sustaining, surviving, and thriving in the practice of law.

Rainville, Christina. Understanding Secondary Trauma: A Guide for Lawyers Working with Child Victims. (https://www.americanbar.org/groups/public_interest/child_law/ resources/child_law_practiceonline/child_law_practice/vol-34/september-2015/ understanding-secondary-trauma--a-guide-for-lawyers-working-with/ ). See also Iversen S, Robertson N. Prevalence and predictors of secondary trauma in the legal profession: a systematic review. Psychiatr Psychol Law. 2021 Mar 5;28(6):802822. doi: 10.1080/13218719.2020.1855270. PMID: 35694647; PMCID: PMC9176334.

Tenn. R. Pro. Conduct 3.3 Candor to the Tribunal.

“Prophets of a Future Not Our Own” by Ken Untener in 1979, commonly known as “Archbishop Oscar Romero’s Prayer.”

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DOES THE FIRST AMENDMENT’S SPEECH CLAUSE APPLY TO SOCIAL MEDIA USE BY GOVERNMENT OFFICIALS? THE SUPREME COURT HEARS ORAL ARGUMENT The Supreme Court heard oral argument in two appeals from the Sixth and Ninth Circuit Courts of Appeals as to whether the First Amendment Speech Clause, made applicable to state and local government officials by way of the Fourteenth Amendment’s Due Process Clause, is implicated when local government officials use private social media accounts to communicate with and, at times, block constituents.1 The outcome will hinge on whether the Court believes this social media use constitutes state action that precludes the blocking of account access as an illegal viewpoint speech restriction.

A Brief Primer on the First Amendment Speech Clause The First Amendment Speech Clause provides that “Congress shall make no law… abridging the freedom of speech…” Although free speech has never been absolute,2 and, for much of the country’s history, lamentably unprotected,3 the federal courts have, over time, enforced speech protections in a manner that corresponds with the country’s growing strength and maturity.4 Examples include use of the Speech Clause to prohibit state juries from using libel and slander laws to punish the publication of embarrassing information about local public officials or figures,5 prohibiting prior restraints that would punish publishers of information based on broad and undifferentiated claims of national security or the public interest,6 and the Speech Clause prohibition of laws purporting to prohibit hateful or racist speech.7 During the New Deal era the Court used the Speech Clause to invalidate a state law requiring schoolchildren to salute the U.S. flag,8 and, in 1989, set aside a state flag desecration conviction for burning the flag as a means of political protest.9 More recently, the Court relied on the Speech Clause to invalidate a provision of the McCain-Feingold Bipartisan Campaign Reform Act that disallowed corporations from partisan political campaign spending within 30 days of a primary and 60 days of an election because it concluded that corporations were persons for purposes of the Due Process Clause and that money was akin to speech in the realm of political advocacy.10 The Court has also prohibited the government from using either criminal or administrative sanction to regulate speech content or disallow the expression of particular viewpoints deemed harmful.11 As such, the government cannot grant a license for a “support the troops”

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rally in a public park, but deny one to antiwar protestors. The government also cannot work illegitimately around this prohibition by use of vague or overly broad laws that regulate more speech than necessary, e.g. “no public protests or rallies in the park.”12 Notwithstanding these protections, the Court has never applied the Speech Clause to protect speech and conduct from anyone but the government. As such, it has always been the case that individuals can be socially ostracized, denied private sector employment or be boycotted as a consequence of speech or expressive conduct that is deemed offensive or unwise by the beholder.13 It also means that while the government cannot completely prohibit pro-choice demonstrations in public parks or at public universities, such demonstrations can be prohibited by private colleges and universities without implicating the Speech Clause. This raises the question of whether the Speech Clause is implicated when government officials purport to regulate access and therefore speech content on social media accounts. This was the very issue presented to the Court after the Second Circuit Court of Appeals in New York concluded that when former President Trump used his personal Twitter account to make public announcements as a government official, the account became a public forum akin to a public park, such that his decision to block access to those expressing differing viewpoints violated the First Amendment.14 The Supreme Court subsequently vacated the judgment and remanded the case to the Second Circuit with instructions to dismiss the case as moot after Trump was replaced by President Biden.15 The Court, however, chose to revisit the issue by granting certiorari to resolve a jurisprudential split between the Sixth and Ninth Circuits and heard oral argument in both cases on October 31, 2023.16 O’Connor-Ratliffe v. Garnier The first involved Michelle O’Connor-Ratcliffe and T. J. Zane, two members of the Poway Unified School District in California who created personal Facebook and Twitter accounts during their school board campaigns. and subsequently used them to communicate with constituents about board activities, solicit feedback and discuss school safety issues.17 Due to their frequent posting of negative comments, two parents, Christopher and Kimberly Garnier, were blocked from the accounts and brought suit on Speech Clause

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January 2024

COVER STORY By: Mohamed Akram Faizer Professor of Law LMU Duncan School of Law

grounds. The lower courts, including the Ninth Circuit, held in their favor.18 Lindke v. Freed The second involved Port Huron, Michigan City Manager James Freed’s use of his personal Facebook account to comment on both personal and official subjects, including the city’s response to the COVID-19 pandemic.19 City resident Kevin Lindke commenced suit after his critical responses to the posts led Freed to block Lindke’s access.20 Unlike the California case, the Sixth Circuit Court of Appeals held against Lindke, concluding that Freed’s use of his personal Facebook account was purely personal and therefore did not violate the Speech Clause.21 Oral Argument Oral argument evidenced a Court struggling to arrive at a test that would reconcile its Speech Clause jurisprudence and the prohibition against government viewpoint discrimination with the fact that plaintiffs in both cases were facing no greater sanction than being blocked from access to purely personal social media accounts.22 Attorneys for the public officials argued that personal social media account use does not involve state action and the Court should adjudicate the matter based on a test that would discern whether the officials in question exercised any job duties or authorities.23 This position was challenged by Justice Kagan, who posited that adoption of this rule would mean that former President Trump’s Twitter use would be immunized from First Amendment scrutiny, even though he used it to announce government policy. Justice Kagan’s questioning also evidenced skepticism as to how this test would protect the First Amendment rights of citizens seeking access to government.24 By contrast, attorneys for plaintiffs argued that the accounts became public fora because they were used to conduct official business and the public officials’ decision to block access to their accounts constituted illegal viewpoint discrimination. Their proposed test would apply the Speech Clause’s prohibitions in all situations where public officials are doing their job, including blocking account access. Justice Alito seemed concerned that this proposal was too capacious because public officials are “always doing their job” when approached by or corresponding with constituents.25 Alito’s position was aligned with Justice Kavanaugh’ questioning which evidenced a concern that such a test would preclude public officials from selectively seeking out and soliciting feedback from supporters as opposed to the broader public.26 The federal government, represented by the Solicitor General, filed a friend of the court brief advocating for the public officials in both cases and urging adoption of a test that would only apply the Speech Clause in situations where a public official denies citizen access to public property and not private property, including a social media account.27 This position drew skepticism from multiple justices. Chief Justice Roberts questioned whether Facebook is “really private property” or merely “the gathering of protons or whatever they are,” while Justice Kagan dismissed the proposal as “archaic” because “more and more of our government operates on social media” and the proposal would preclude a sizable proportion of the public from “participating in our democracy…”28 January 2024

Toward the end of oral argument Justice Thomas asked whether Facebook and other social media companies should be allowed to block account access themselves. This question, which Thomas conceded was beyond the scope of either case, raises the administrative law issue of whether the United States should continue its current policy of not regulating social media platforms and instead, like many European countries, regulate them to protect against viewpoint discrimination. The Court’s decision is expected in June 2024.

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See O’Connor- Ratcliffe v. Garnier, U.S. Sup. Ct. No. 22-324 and Lindke v. Freed, U.S. Sup. Ct. No. 22-611. The First Amendment Speech Clause provides that “Congress shall make no law… abridging the freedom of speech…” Because both cases involve claims against local government officials, the Court is actually adjudicating plaintiffs claims under the Fourteenth Amendment’s Due Process Clause that provides that no state shall “deprive any person of life, liberty, or property without due process of law,” which the Court, in Gitlow v. New York, 268 U.S. 652 (1925), concluded applied the First Amendment’s Speech Clause to state and local government officials.

To illustrate, one cannot cite the speech clause as a defense to a criminal charge such as perjury or a civil allegation such as sexual harassment.

To illustrate, for most of our history, states would use their libel and slander laws to punish those who advocated for racial equality.

Although the First Amendment was initially meant to apply only to the federal government, this changed in 1925 when the Supreme Court, in Gitlow, finally concluded that the Speech Clause applied to state and local government by way of the Fourteenth Amendment’s Due Process Clause.

New York Times v. Sullivan, 376 U.S. 254 (1964).

New York Times v. U.S., 403 U.S. 713 (1971). , 395 U.S. 444 (1969).

West Virginia Bd. of Educ. v. Barnette, 319 U.S. 624 (1943).

Texas v. Johnson, 491 U.S. 397 (1989).

Citizens United v. Fed. Election Comm’n, 558 U.S. 310 (2010).

See e.g. Reed v. Town of Gilbert, 576 U.S. 155 (2015) (concluding that a municipal sign law purporting to disallow temporary directional signs but allow permanent signs violates the First Amendment) and Matal v. Tam, 582 U.S. 218 (2017) (concluding that the Patent and Trademark Office’s prohibition on the registration of trademarks that would “disparage… or bring… into contemp[t] or disrepute” any “persons, living or dead” violates the First Amendment’s prohibition on viewpoint discrimination).

See e.g. Coates v. Cincinnati, 402 U.S. 611 (1971) (disallowing a municipal law purporting to disallow three or more people from assembling on municipal sidewalks in an annoying manner to others) and Schad v. Mount Ephraim, 452 U.S. 61 (1981) (concluding that laws imposing criminal liability for all live entertainment was overly broad as applied to a nude dancing establishment).

For example, Franklin Templeton Investments could terminate Amy Cooper after social media publicized her threat to call the police on a Black American birdwatcher for asking her to put her dog on a leash.

Knight First Amend. Inst. v. Trump, 928 F.3d 226 (2nd Cir. 2019).

Biden v. Knight First Amend. Inst., 141 S. Ct. 1220 (2021).

Supreme Court Rule 10(a) provides that the Supreme Court may exercise its discretion to hear an appeal when “a United States court of appeals has entered a decision in conflict with another United States court of appeals on the same important matter.”

Supreme Court Weighs When Officials May Block Citizens on Social Media (N.Y. Times Oct. 31, 2023), available at https://www.nytimes.com/2023/10/31/us/ supreme-court-first-amendment-social-media.html.

See Garnier v. O’Connor-Ratliffe, Case No. Nos. 21-55118 21-55157 (9th Cir. 2022).

See N.Y. Times, supra n. 17.

Id. Lindke v. Freed, 347 F.4th 1199 (6th Cir. 2022).

Transcript of Oral Argument, O’Connor Ratcliff, et al. v. Garnier, U.S. Sup. Ct. No. 22-324 (2023), available at https://www.supremecourt.gov/oral_arguments/ argument_transcripts/2023/22-324_fe9g.pdf Id. Id. Id. Id. Id. Id.

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IN LIMINE: PROFILING FUTURE JDS By: Carol Anne Long UT Law Director of the Career Center

COLT CLEMENTS

UNIVERSITY OF TENNESSEE COLLEGE OF LAW, CLASS OF 2025 Please tell me about yourself!

I am from Harriman, Tennessee, in nearby Roane County. I graduated from Roane County High School in 2018 and then attended Roane State Community College, where I received an Associate of Science degree in 2019. After getting my Associate’s degree, I transferred to Tennessee Tech, where I received my Bachelor’s degree in Political Science in 2021, with minors in History and English.

So how did you make the decision to go to law school, and why did you pick UT Law? I knew I wanted to be a lawyer from a very young age. I don’t have any lawyers in my family, but my mom is an English teacher, and she made me read and write a lot when I was little. My dad is a Pepsi-man, and he has always been a real people-person.

I really knew I wanted a career where I could use my reading and writing skills that I got from my mom and still be able to interact with and help people on a daily basis like my dad does. I think law is the perfect career for that! On top of my family background, I was able to take a class with a local lawyer and a judge while I was at Tennessee Tech, and hearing them talk about their jobs really confirmed that going to law school was the right choice for me. Growing up 30 minutes away from campus, UT was my dream school. I was born and raised a Tennessee Vols fan. I also have great pride in being from Tennessee, and I plan on spending my career here after I graduate. Tennessee just made the most sense financially and for my ultimate career goals. I really couldn’t picture myself anywhere else.

Tell me about your law school experience so far: what activities and classes have you participated in and enjoyed?

So far, I have absolutely loved law school! I have always been a very curious person who enjoys learning new things. Law school is the perfect place for that. There haven’t been any classes I haven’t liked, but my favorite class so far is probably Torts. I always love reading the fact patterns, and for some reason, it just clicks with my brain. I think the class I look forward to taking the most is the Judicial Externship Program next fall. I think it will be an invaluable experience to be able to learn from a judge and watch practicing attorneys in action. I also plan on participating in a Clinic before I graduate. The Advocacy Clinic is definitely one I could see myself enjoying! I have also tried to get involved in different activities during my time at the College of Law, and I am currently a member of the Sports and Entertainment Law Society, a student member on the Faculty Appointments Committee, a Career Center Ambassador, and I regularly participate in intermural sports with my classmates. I am also a member of the Tennessee Law Review,

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which has been invaluable in helping my reading and writing abilities.

When it comes to work experience, I had the opportunity to work for the U.S. Attorney’s Office for the Eastern District of Tennessee in their Civil Division after my first year of law school, which was amazing. Next summer, I will be working for the law firms of Spears, Moore, Rebman & Williams in Chattanooga for the first half, and Hodges, Doughty & Carson in Knoxville for the second half.

What type of law do you want to practice and where would you like to end up?

My summer at the U.S. Attorney’s Office showed me that I really have a passion for civil litigation, and it is something I could see myself doing for the rest of my legal career. However, I have really liked almost every area of law I have gotten to experience so far, so I am open to anything! Regardless of what I end up doing, I plan on practicing in Tennessee.

So outside of law school, what do you enjoy doing?

I couldn’t have done any of this without my parents’ support!! I also have one younger sister, Trinity, who is currently at Tennessee Tech studying exercise science. We have one dog named Bella! I also recently got married after my 1L year to my wife, Delaney. She is an occupational therapist, and she has been instrumental to my success. If I am not studying for law school, I am most likely playing video games with my friends, listening to music, or watching baseball/football on the TV. I am a diehard Tennessee Volunteers fan for college sports, and a Tennessee Titans and Seattle Mariners fan for the pros.

What is your ultimate “why” with respect to being an attorney?

Ultimately, I am an advocate and public servant at heart. I want to make a positive impact on the lives of as many people as I can. I couldn’t think of another career that has more of an influence on our society as a whole and on the lives of individuals than being a lawyer does. A career in the law provides an avenue for people who want to make a difference.

Finally, when applying for jobs, what is one important thing you want employers to know about you?

How strong my work ethic is. I think it is my number one tool.

Based on my background and work experience, I understand the value of hard work. I don’t think I am smarter than anyone else, but I can guarantee I will work just as hard or harder than anyone else. *Hiring Footnote* Attorneys often reach out to law school career services offices to ask for recommendations when looking to hire attorneys and/or law clerks. We try to be helpful as possible in that regard, but it’s important to remember that we may not always know who is looking for a job, so posting a position with us via email or in UT’s online database is the best way to reach the widest applicant pool.

DICTA

January 2024

SCHOOLED IN ETHICS By: Paula Schaefer

Art Stolnitz Distinguished Professor of Law University of Tennessee College of Law

THE RELEVANCE FOR TENNESSEE ATTORNEYS OF THE ABA’S AMENDED MODEL RULE 1.16 In 2023, the American Bar Association amended its Model Rule of Professional Conduct 1.16. Tennessee attorneys may think an ABA rule change is unimportant unless and until Tennessee decides to adopt the same language in our rule. But in this case, the ABA’s amended Model Rule 1.16 is worth the time and attention of Tennessee attorneys now, because it clarifies an attorney’s existing legal and ethical obligations.

ABA’s Former Model Rule 1.16, Tennessee’s Current RPC 1.16, and Related Rules Rule 1.16 addresses when an attorney should decline or terminate a representation. The former ABA rule and the current Tennessee rule have always included what I consider a confusing quirk—part (a) states that an attorney “shall” withdraw from or decline a representation if it will result in violation of professional conduct rules or other law, while part (b) says that an attorney “may” withdraw or decline if the client engages in conduct involving the lawyer’s services that the lawyer “reasonably believes” is criminal or fraudulent.

To a law student or attorney who does not spend time studying this rule and its relationship with other rules, it might appear that the lawyer has discretion to participate in a client’s crime or fraud. This is incorrect. To address this misperception, I spend time in Professional Responsibility and Representing Enterprises reminding students that (1) they can face legal liability and be subject to discipline (for violating Rule 1.2(d)) for participating in a client’s fraud or crime; and (2) there are a number of rules that provide attorneys guidance about when to “say no” to a client’s misguided plan (i.e., one with the potential for criminal or fraud liability), including 1.4,(a)(5) (consult with clients about the limits of the representation imposed by law and professional conduct rules); 1.6(b) (may reveal a client’s crime or fraud when a client is using or has used the lawyer’s services), 1.13 (must protect the organizational client from its constituents’ conduct that creates liability to or for the organization), 2.1 (duty to advise the client), and 4.1 (shall not make a false statement of law or fact to a third party).

We discuss a hypothetical in which a lawyer suspects but is not certain that the client is engaged in criminal conduct. I ask students whether the lawyer should ask questions to understand the nature of the client’s conduct. Or should the lawyer avoid further questions that might reveal client misconduct? Ultimately, we agree that the lawyer cannot protect the client from possible liability without inquiring further. The lawyer has a legal duty as a fiduciary to do so, as well as a professional conduct obligation. Further, the lawyer is not protected from legal jeopardy by avoiding learning the facts. I provide the example of a Mayer Brown lawyer who was convicted for his role in a corporate client’s fraud; the jury received a “conscious avoidance” instruction allowing the jury to find the element of knowledge based on the lawyer’s decision to avoid confirming his suspicions about the client’s conduct.1 With this context, I hope students understand that 1.16(a) is meant to convey that a lawyer shall not participate in a client’s crime or fraud,

and 1.16(b) explains that even if a lawyer is unsure but nonetheless “reasonably believes” their services are being used to commit a crime or fraud, they can withdraw from the representation. Attorneys read 1.16(b) narrowly at their own (and their client’s) peril: the rule is a tool they can use to protect themselves and their clients from serious liability even if they lack certainty based on their investigation of the facts. A reasonable belief is all that it takes to say no and walk away from the representation if the client refuses to take correction action.

The ABA’s Amended Model Rule 1.16 and Comments 1 and 2 The ABA’s amended Model Rule 1.16 addresses these issues.2 The opening line of amended Model Rule 1.16(a) now states explicitly that a lawyer has a duty to “inquire into and assess the facts and circumstances” to determine if the lawyer can accept or should withdraw from a representation. The amended rule contains a new subpart (a) (4) that provides that an attorney shall withdraw from or decline the representation if “the client or prospective client seeks to use or persists in using the lawyer’s services to commit or further a crime or fraud, despite the lawyer’s discussion pursuant to Rule 1.2(d) and 1.4(a)(5) regarding the limitations on the lawyer assisting the proposed conduct.”

Revised comments 1 and 2 address the lawyer’s obligation to inquire into and assess the facts in determining whether to decline or withdraw from representing a client. Comment 2 explains that the level of the lawyer’s inquiry and analysis is dependent on risk posed by the situation.

Comment 1 provides examples of when a change in circumstances may trigger the lawyer’s obligation to inquire further.

The initial proposal to amend Rule 1.16 would have deleted the part of the rule that permits withdrawal if the client persists in conduct involving the lawyer’s services that the lawyer “reasonably believes” is criminal or fraudulent. Ultimately, the proposal was revised to omit that change and a related change to comment 7. The original committee report suggested that provision was no longer necessary in light of the new obligation of inquiry, explaining that the lawyer who reasonably believes their services are being used to commit a crime or fraud will now have the facts to decide if withdrawal is necessary.3 The final report rejected that change, though, and the rule amendment approved by the ABA House of Delegates leaves this portion of the rule intact. That seems like the right result and tracks the explanation I have always provided to students: you are permitted with withdraw from a representation even if you do not have sufficient facts to know the conduct is criminal or fraudulent—it is enough to reasonably believe that is the case.

Final Thoughts Even if Tennessee’s RPC 1.16 is never amended, the ABA’s new Model Rule 1.16 accurately describes a Tennessee attorney’s professional conduct obligations when representing (or considering representing) a client that may be engaged in a crime or fraud using the lawyer’s services. continued on page 27

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

January 2024

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BARRISTERS ELECTIONS OUTCOMES The Barristers Elections and Holiday Party was held on December 6.

Thank you to everyone who came and to our newly elected Executive Officers: Chuck Sharrett, President; Jimmy Snodgrass, Vice President; Courteney Barnes-Anderson, Treasurer; Jordan Houser, Secretary; and Mariel Bough and Isaac Westling, Members at Large.

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 February 14. Sign up at https://www.knoxbar.org/?pg=Upcoming-Legal-Clinics..

BARRISTERS HUNGER AND POVERTY RELIEF COMMITTEE The Knoxville Barristers Hunger and Poverty Relief Committee hosted the annual Second Harvest Food Drive Competition from November 6 through 28, 2023. $12,650 was raised, which will provide 75,979 meals to those combating hunger in East TN. Thank you to everyone who donated! Your generosity was greatly appreciated. Congratulations to our 2023 winner, Woolf, McClane, Bright, Allen & Carpenter, PLLC! Here were the final standings:

WELCOME NEW MEMBERS

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

NEW ATTORNEYS Louise M. Aponte Lowe Yeager & Brown PLLC Kathleen Ann Barker Barker Law Eric B. Foust Law Offices of Eric B. Foust Michelle L.L. Gensheimer U.S. District Court Grant B. Klingler Grace G. Lovingood London Amburn, P.C. Jordan H. Meddings Fisher | Russell PLLC Eric L. Reagan Pilot Company Alexandria F. Smith Baker, Foster, Potter, P.C. Robert Weaver London Amburn, P.C. Nathan R. Webb Jessica D. White

VOLUNTEER BREAKFAST COMMITTEE CONTINUES OPERATIONS The Volunteer Breakfast is a recurring event on the 4th Thursday of each month at 6:15 a.m. at the Volunteer Ministry Center, located at 511 N. Broadway, Knoxville, Tennessee. The Barristers Volunteer Breakfast Committee always needs volunteers to serve food or sponsor. The cost is $150 for sponsoring, and we need 4-5 volunteers. If you are unable to fund the breakfast, the Barristers will subsidize the cost of the breakfast.

We meet at 6:15 a.m. and serve breakfast to approximately 30-40 individuals, generally leaving the site around 7:30 a.m. It’s a great way to serve the community! Please contact either Matt Knable at mknable@ wkfirm.com or Miranda Goodwin at mirandaegoodwin@gmail.com with any questions and/or about volunteering.

NEW LAW STUDENT MEMBERS Joshua Whorton

HIGH SCHOOL MOCK TRIAL The Barristers High School Mock Trial Committee has set the Regional Competition at the City County Building on February 16 and 17, and the final two teams will advance to the championship round on February 18 at LMU Law School. This program is supported entirely by volunteer efforts. Traditionally, East Tennessee law school students, attorneys, and judges have donated their time to serve in the roles of bailiffs, scoring judges, and presiding judges during the competition. Please contact either Celia Ball at (865) 281-1000 or Isaac Westling at (865) 673-8516 with any questions, and if you are interested in volunteering, you can sign up at: https://memcentral.wufoo.com/forms/mdbyy3q1labt0z/

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DICTA

January 2024

OF LOCAL LORE & LAWYERS By: Joe Jarret, J.D., Ph.D. Attorney, University of Tennessee

ODE TO A STREET LAWYER Introduction I first learned about a gruff, tough, World War II Veteran, avid outdoorsman, third generation Floridian, and self-proclaimed “Florida Cracker”1 when I arrived in Polk County, Florida. I later learned that this legend among lawyers often took cases even the most daring attorneys would refuse, and his kindness betrayed his reputation as the last of the old-time tough guys.

The Street Lawyer I first met Jonnie Hutchinson when I was a felony crimes prosecutor for Florida’s 10th Judicial Circuit. The Circuit consisted of three counties, to wit, Polk, Highlands, and Hardee. I was in charge of the Hardee County office, so, when I was asked to try a case in Polk County, the first thing I did was discuss the case with one of the prosecutors who regularly practiced in Polk. The case was straightforward; the defense attorney, on the other hand, was a different matter altogether. With raised eyebrow, my learned colleague asked, “Ever try a case against Jonnie?” “No” was my response. “Well, you’re in for an experience. He’s as honest as the day is long. However, he has this certain bonhomie way about him that jurors just love.” My colleague was right. As soon as we completed voir dire, I knew Jonnie was going to give me a run for my money. He took a straightforward case and adeptly tied it into the Gordian Knot. By the time the judge charged the jury and sent them back to deliberate, it was obvious the panel was dazed and confused. Although they ultimately returned a guilty verdict, Jonnie’s courtroom performance had them deliberating over 7 hours—6 hours longer than anyone, except Jonnie, presumed they’d take.

by Jonnie’s home to check up on him and see what if anything I could do for him. When no one came to the door after repeated knocks, I went around the back. There I espied a greenhouse and, to my abject surprise, saw Jonnie inside, sporting a bathrobe and slippers and lovingly tending to some of the most beautiful orchids I’d ever seen. I was about to slip away when he noticed my presence. Jonnie beckoned me inside. “Jonnie!”

I exclaimed, “These are magnificent.” He beamed, and responded, “Orchids have always been a passion of mine, ever since the war. In fact, I’m a card-carrying member of the Ridge Orchid Society.” He then repotted a beauty and said, “Take this home to your lovely wife. Oh, and grab a jar of my homemade jalapeño relish on your way out. It’ll put hair on your chest, I guarantee it!” I was later told by one of our learned judges that just getting invited into Jonnie’s greenhouse was a high honor, let alone leaving with an orchid and a jar of his homemade preserves.

The End of an Era Jonnie M. Hutchinson passed away at his home on January 4, 2022. He was 91 years old. At the time of his passing, he was the oldest practicing attorney in Polk County and a shining example to all who practice the lawyer’s craft.

Florida crackers were colonial-era American pioneers who settled what is now the state of Florida; the term is also applied to their descendants.

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The Barter System Jonnie was the only lawyer in town who eschewed credit cards, but loved to barter for his legal services. It was business as usual if you spotted Jonnie driving down the street in a different car every few days, or towing a boat, or sitting in the back seat of his vintage Cadillac, being driven around town by a client-turned-chauffeur. One time, I noticed Jonnie studying something in the trunk of his Cadillac. Noticing me noticing him, he beckoned me over. “You’re an Army Veteran” Jonnie asserted, “Mind telling me what you see there?” What I saw was a WWII infantry rifle, known as a .30 caliber M1 Carbine. I told him so and he responded, “Naw, that’s a misdemeanor battery.” The great barterer had struck again.

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A Bit of Dignity One day as I was leaving the courthouse parking lot, Jonnie approached and asked me for a ride to his office. Upon arriving, I noticed a young man on a ladder scraping old paint from the side of Jonnie’s building. Nodding to the lad, Jonnie said, “Kid’s headed off to state prison for 2 years. He’s just about worked off his fee.” Noticing the surprised look on my face, Jonnie went on. “Just because the state is taking his liberty, doesn’t mean he should lose his dignity. He needs to learn that there are consequences for everything and the best things in life aren’t free.” Such perorations were classic Jonnie.

Jonnie’s Passion One time, Jonnie was taken ill. Immediately, the criminal defense bar rose to the occasion and covered for Jonnie in court. The prosecutors opposing him, and the judges presiding over Jonnie’s cases, were likewise accommodating. My prosecution days were behind me by then (I had since begun serving Polk County as its law director), so I decided to stop January 2024

MORE THAN 4.2 MILLION CASES FROM NEW COURTS ADDED IN 2023!

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TOP TEN By: Sarah M. Booher

Department of Human Services

BEST ARTICLE IDEAS FOR THIS COLUMN It’s early morning, as in the morning of my article due date. Papers are spilling off my converted sewing machine desk, a visual To Do list for the remainder of 2023. My lavender Aldi bathrobe and bedhead are working overtime, and I’m sipping Memoirs coffee from my festive Cotton-Headed Ninny Muggins holiday mug. And I have absolutely no idea what to write about. Wait, didn’t I retire from writing DICTA articles?

So here it is – my “Did I Really Agree to Resume Writing During the Holidays? When Am I Picking Up My Kroger Order Again? Oh, That’s So Cute – I’m Getting It to Finish Out Mom’s Presents. Agh! Focus! Top Ten List of Things I Might Have Written About If I Had My Wits About Me This Week.”

10. Stop Calling Them Vintage – They’re Just Ten Old Things: Sometimes pieces are lucky enough to be upcycled or restored, but sometimes their commercial or sentimental value is zero point zero zero dollars. In bold. Like that $1.00 sweater you bought at the thrift store last week. It’s great for you that it’s cozy, but moth holes are not charming.

Also, toss that ring that Aunt Martha gave you. It’s turning your finger green, not to mention it was a regifted door prize from an Avon house party years ago.

9. Ten Underappreciated Kitchen Seasonings: Let me be honest here, this topic was my oldest niece’s idea. While I’m happy with a boatload of garlic, an economy-size jug of hot sauce, and some red pepper flakes, apparently people in the know say our spice racks and our lives aren’t complete without the following: white peppercorn, aji Amarillo, nigella seeds, and. . . sumac. Can a good, self-respecting southerner add something called sumac to her culinary repertoire after all the years our regional forefathers spent trying to pluck out the poison variety? Guess it’s time to fire the Kroger app up after all.

8. Ten Tackiest Christmas Decorations: This is no shade on anybody.

Bless y’all’s hearts, I do love your prim and proper, can’t be described as anything but tasteful, Christmas decorations. However, I also really identify with that meme that says the holiday should look like joy puked all over the house. So bust out those pool noodles wrapped in red electrical tape and shaped like candy canes, call Clark Griswold your unsung American hero, and throw that inflatable Buc-ee’s holiday beaver out in the yard – I *will* do a drive-by to snap an appreciative photo in the spirit of Hallmark and Mariah Carey Christmas spirit.

5. Ten Musicians Back On Tour: I love a good concert. I will go see nearly anyone live, including musicians who are now eligible for Geritol and Medicare. Just this year, I’ve seen Billy Joel, Stevie Nicks, the Eagles, the Indigo Girls, and Travis Tritt. But let’s get one thing absolutely clear.

I am not paying their “I super swear this is the last tour I’m ever doing” ticket prices to hear them sing new music. No. We don’t want it. Sing those songs to yourself in the bus shower. We want the songs that were playing back when we were drinking trash beer and not questioning our own mortality, buying shoes with orthotic inserts, or saving “good boxes.”

4. <Insert bizarre ChatGPT list here> 3. [Reserved] for the middle of the night tonight when I sit bolt upright in the bed with the best DICTA Top 10 article idea I’ve ever had, only to be forgotten in two months when I need another article idea.

2. [Deleted] because I’m out of word space and it wasn’t that funny anyway. We can’t win ‘em all.

1. Ten Unhinged Local Events: Turns out, UT sports aren’t that unhinged, because they’ve got nothing on water aerobics classes at a local fitness company. Off. The. Chain. There, I said it. And let me tell you, the higher the average age of the class, the more metal it is. Picture the Breakfast Club or Grease under water. The cool old ladies are wearing sunglasses indoors and won’t acknowledge anyone. There’s a posse of ne’er-do-wells, literally in a circle chatting and ignoring the instructor.

The former jocks who now have to watch their blood pressure and cholesterol are jamming out to the .38 Special blasting from the portable speakers. And two people in the corner just got into an actual fight because water was splashed and hair got wet. In water aerobics class. Talk about a fitness journey, and I absolutely love it.

At any rate, a happy holiday season to you all! Feel free to email me about your favorite spices, Christmas lights, or unhinged moments when you have a moment. Or send me your address, so I can come dig through the “vintage” giveaway pile on your front porch.

7. Ten Random Things about Mike Ditka: This one would be hard for me, as I’m not much of a football girl. However, I do love a good play on words, and a DICTA article about Ditka should not be trifled with. I mean, he was the coach of the Bears when they released the Super Bowl Shuffle, and that is the stuff of legends right there.

6. Ten Absurd Objections on Screen and in Real Life: During a 1L criminal law “trial,” one of my classmates objected to his own side’s line of questioning. You could hear a pin drop for a moment before the snickering commenced. But in real life, isn’t “Objection!” followed by absolutely no words at all one of the most ridiculous?

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DICTA

January 2024

BARRISTER BITES By: Angelia Morie Nystrom

Vice President for Advancement and Chief Legal Counsel East Tennessee Foundation

MAKING MEMORIES…AND HOLIDAY TREATS! It truly is “the most wonderful time of the year.” Hugh remarked this morning that it finally feels like 2019, because it seems like we have planned some sort of holiday event almost every day (and sometimes we have more than one per day!). Since we will be empty-nesters this time next year, we are mandating that Trace take part in our “forced holiday fun” and “making valuable holiday memories.”

We generally get his “high school senior eye roll,” but he is a good sport and is humoring us.

All of these fun family events mean one thing: I am woefully behind. It is midDecember, and the inside of our house is half-decorated. We have a wreath on our front door… but nothing else has been done. I have half-heartedly joked that I was going to paint the dead boxwoods, add some bows, and call it a day. We do not have a Christmas card–in fact, we don’t even have a photo worthy of a card this year. Hugh has suggested that we do New Year’s cards or Valentine’s cards. At this point, we may be sending out cards for the 4th of July. And don’t get me started on the shopping list. At this point, there is not one.

The one thing that has remained constant, however, is the need for party bites and party drinks. I have three new “go-to’s” when it comes to preparing party bites.

My mom was always (and is still) the master at making sausage balls. They are tasty, filling and can be an hors d’oeuvre or a breakfast staple. While my mom’s recipe is great, Instagram served me up a great twist on the traditional recipe that I want to share. It takes exactly 3 ingredients and less than 30 minutes to make (including cooking time!).

To make Cheddar Bay Sausage Balls, you need one package Red Lobster Cheddar Bay Biscuit mix, and an 11 oz container of Palmetto Pepper Jack Pimento Cheese, and 1 lb of hot sausage. Preheat the oven to 375°. Grease a baking sheet with Pam or line it with parchment paper.

In a bowl, combine Cheddar Bay Biscuit Mix (including the garlic herb packet), pimento cheese, and sausage (uncooked). Mix until combined.

Scoop out the mixture using a tablespoon and roll into a ball. Place on the prepared baking sheet and space at least ½ inch apart. You should get approximately 48 balls. Bake for 15-20 minutes until golden brown.

If you are in the mood for something sweet, Eggnog Bites are the perfect holiday treat. They are simple to make and amazingly delicious. To make the eggnog filling, you will need 1 cup heavy cream, ¾ cup eggnog (my favorite comes from Homestead Creamery and is sold at The Fresh Market), 3 tbs spiced rum (optional) and 1 tbs granulated sugar. Chill the bowl of a stand mixer. Fit the mixer with the whisk attachment, then add the heavy cream, eggnog, rum (if using), and 1 tbs sugar. Beat on high speed for 1-2 minutes, until the mixture forms stiff peaks. (You can also use a hand mixer.) Cover with plastic wrap and refrigerate for 30 minutes.

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Meanwhile, make sugar cookie cups. In a small bowl, mix 2 tbs granulated sugar and 2 tbs ground cinnamon. Using clean hands, roll cookie dough from 1 package refrigerated sugar cookie dough into balls and place each ball (about 1 tbs) in a greased muffin pan (use one with small cups). Sprinkle each dough ball with some cinnamon sugar.

Bake for 8-10 minutes at 350°, until mostly set but still soft in the middle. Remove from the oven and immediately use the end of a wooden spoon to press the dough down in the middle to make an indent for the filling. Let cool completely in the pan before running a knife around the edge and removing.

Spoon 1 tbs of the eggnog mixture into each of the cooled cups and garnish with a dash each of nutmeg and cinnamon.

These bites can be made up to 3 days in advance. Store in an airtight container in the refrigerator.

My favorite festive drink is the Poinsettia. It is a cranberry champagne cocktail that is vibrant and refreshing. To prepare, mix 2 tbs Cointreau (or other orange liquer), 4 tbs 100% cold cranberry juice (unsweetened) into ½ glass champagne. Garnish with a sprig of rosemary and whole cranberries. (Note: you will get about 8-10 drinks out of 1 bottle of champagne. Make it non-alcoholic by using non-alcoholic sparkling wine).

My other go-to (no cooking required) is a fruit and chocolate party board. It can be prepared using any fruits and chocolates you like. My personal favorites are Williams-Sonoma peppermint bark and peppermint dog paws, chocolate covered strawberries, chocolate dipped pretzels, dark chocolate almonds, strawberries, raspberries, blackberries and blueberries.

If you aren’t in the mood to assemble your own party board, my dear friend Emily introduced me to a website that will prepare one for you and ship it to your door. Boarderie.com prepares lovely artisan cheese and charcuterie boards in any size that you want. The boards are ready to serve right out of the box and come with a beautiful re-usable acacia board. If you are in the mood for something warm, the 2-Cheese Double Cream Baked Brie Board is amazing. It contains 4 pastries that each contain two cheeses: a classic French brie and another decadent, artisan cheese. The board contains one pastry with blueberry, vanilla, and Thai ginger; one with truffle, fig, and orange; one with chocolate, espresso, and raspberry; and one with rosemary, sun-dried tomato, and olives. To prepare, simply pop them in the oven for 20 minutes and then serve with the jar of fig jam that is included. This has become one of my favorite things to have on hand.

Given my lack of cards and lack of a shopping list, consider this my holiday greeting and gift to you!

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HOW TO THRIVE IN LAW AND LIFE By: Emily Heird, LPC/MHSP Vantage View Coaching

HOW TO FUEL YOUR PERFORMANCE AND WELL-BEING WITH FOOD As a high-octane professional, it’s not your muscles that win the race, but your brain. Athletes must fuel their bodies with proper nutrition to stay in peak physical form. Lawyers and legal professionals must fuel their brain properly for optimal cognitive performance, energy management, and mental fitness.

The purpose of food is to provide essential vitamins, minerals, and nutrients for our body to perform optimally. For example, lutein is a plant pigment related to Vitamin A and aids in learning and memory. Protein facilitates the production of dopamine, the neurotransmitter associated with focus and motivation. Vitamin D helps produce mood regulating neurotransmitters. B Vitamins protect against dementia and metabolize nutrients for brain energy. 95% of our serotonin – the neurotransmitter related to our sleep-wake cycle and overall mood regulation – is produced in our gut. What you eat is directly linked to the levels of neurotransmitters associated with happiness, anxiety, and depression.

We all know we “should” eat a healthy diet, but it can be challenging to implement in high-stress, demanding professions. Stress affects each of us differently, and our coping mechanisms vary. Some people may find themselves skipping meals during stressful events. If you have a court hearing, your cortisol levels will be higher (this can be positive for performance if not too high). The body does not digest food in this state, hence the lack of appetite.

Others may turn to excessive eating as a way to cope. Also known as emotional eating, it is the tendency to overeat or make unhealthy food choices in response to stress, emotions, or other psychological factors. It is often driven by cravings for comfort foods that provide temporary relief or distraction from stressors.

Have you ever wondered why you crave sugary foods when you’re stressed? Cortisol increases the availability of energy by mobilizing glucose and fatty acids from the liver. This surge in energy is intended to prepare the body for fight-or-flight responses. Sugar is not necessarily the enemy here, it is the type of sugar.

On one hand, we crave sugar for more energy. On the other hand, we can easily gravitate towards sugar when we want to reduce our feelings of being too stressed. Stress is partially regulated by the hypothalamic-pituitary-adrenal (HPA) axis. Activity of the HPA axis has been shown to be reduced through the consumption of sugar containing foods. Hormones are released and lower the feelings of stress, which also increase the desire for comfort foods, thus perpetuating a cycle known as “stress eating.”

When we experience a drop in energy due to skipping meals, we tend to reach for easily accessible foods that are often high in calories and sugar. These foods are consumed with a ravenous appetite for energy, causing us to consume more than our bodies actually need. Consequently, the unused nutrients are stored as fat, leading to unhealthy weight gain.

Moreover, under stressful conditions, cortisol taps into protein stores via a process called gluconeogenesis in the liver, providing the body with glucose for immediate energy. This mechanism can help us fight or flee a stressor. However, chronically elevated cortisol levels continuously

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produce glucose, resulting in increased blood sugar levels that can trigger diabetes.

By taking a holistic approach to nutrition for Stress Management and Brain Health, you can break the cycle of stress eating and cultivate healthier habits to fuel performance.

Here tips to help you on your journey: 1. Focus on a balanced diet: Ensure your meals consist of vegetables, fruits, whole grains, and protein sources like lean meat, poultry, fish, beans, eggs, nuts, milk or soy beverages, cheese, or yogurt. These nutrientrich foods provide essential vitamins, minerals, and antioxidants that support overall well-being.

2. Pay attention to your eating habits: If you find yourself reaching for food when you’re not hungry, keep a food and feelings log to identify what triggers your eating. Set a timer to wait for 15 minutes when you experience stress-related cravings. Re-evaluate if you’re starving after this time; you might find that the craving has subsided.

3. Mindful eating: Practice mindfulness while eating, paying attention to the taste, texture, and satisfaction level of each bite. Slow down and savor your food, allowing yourself to fully experience the nourishment it provides. We often eat while working, scrolling, or watching tv, leading to mindless eating which affect the gut-brain communication.

4. Stay hydrated: Drinking enough water is crucial for maintaining optimal bodily functions and supporting overall well-being. Hydration plays a role in regulating mood and reducing stress. Carry a water bottle with you throughout the day and make it a habit to drink water regularly.

5. Incorporate stress-reducing foods: Some foods are known to have calming and stress-reducing effects. Consider incorporating foods rich in omega-3 fatty acids, such as fatty fish like salmon, walnuts, and flaxseeds.

Additionally, foods high in magnesium, such as leafy greens, avocados, and almonds, can help relax muscles and promote a sense of calm.

6. Plan and prepare meals ahead of time: When stress levels are high, it’s easy to resort to convenience foods that are often unhealthy. Take the time to plan and prepare nutritious meals in advance. This not only ensures you have healthy options readily available but also reduces the likelihood of making impulsive, unhealthy food choices. Bring lunch to the office and stock the office with healthy options. If you are eating lunch out, decide before the day starts where and what you will be eating.

Eat or have healthy snacks throughout the day to refuel.

7. Get regular physical activity and quality sleep. Both of these reduce stress and boost mood, which can help you break the cycle of relying on food to regulate stress.

Remember, everyone’s relationship with stress and food is unique.

It’s important to listen to your body, understand your triggers, and develop strategies that work best for you. By adopting healthy coping mechanisms, seeking support when needed, and nourishing your body with wholesome foods, you can break the stress-eating cycle and foster a balanced and fulfilling lifestyle.

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January 2024

MANAGEMENT COUNSEL: LAW PRACTICE 101 By: Kathy D. Aslinger, Esq. Kennerly Montgomery & Finley

NAVIGATING THE ERA OF PAY TRANSPARENCY: LEGAL SHIFTS AND STRATEGIC INSIGHTS FOR EMPLOYERS In recent years, the push for greater transparency in the workplace has gained momentum, particularly in the realm of employee compensation. To address wage gaps and promote fairness, 17 jurisdictions, including both states and cities, have adopted some form of pay transparency laws, and at least 14 others are considering it. Pay transparency requirements have also been proposed at the federal level.

While the National Labor Relations Act has long protected the right of employees to discuss their wages and working conditions, such discussions have remained taboo in many workplaces, including law firms. State and local pay transparency laws are changing that landscape, even in states like Tennessee that have not yet adopted legal requirements.

“Pay transparency” refers generally to the practice of openly publishing, disclosing, or discussing pay ranges for positions within an organization.

Most of the states implementing pay transparency laws require publication of the wage range in all advertisements and job postings, and others require disclosure upon request. These requirements may or may not apply to internal-only postings, and they may or may not require disclosure of the applicable wage range to current employees.

The wage range typically means the minimum and maximum annual salary or hourly rate of pay for a job, promotion, or transfer opportunity that the employer in good faith believes to be accurate at the time of the posting. An employer is not necessarily prohibited from offering a salary outside the posted range, but such offers should be limited to unusual circumstances and the reasons for such offers well documented.

Some jurisdictions require posting a summary of benefits offered to employees, such as a 401(k) plan, health insurance, and paid time off.

Additionally, some jurisdictions prohibit asking candidates for a salary history, requiring employers to make offers without knowing how the offer compares to an applicant’s current and prior compensation.

Pay transparency laws create some unique challenges for employers with remote workers, as some states, such as New York and Colorado, have taken the position that their state’s laws apply to any job that can be performed in their state, regardless of where the employer is physically located.

Arguably this means that Tennessee employers recruiting for remote workers located anywhere in the U.S. could be in violation of another state’s laws if the applicable pay range is not included in the job listing. Questions remain, however, as to the enforceability of such laws on employers with no physical presence in the state.

Tennessee may not yet require pay disclosures, but with such widespread change nationally, employers should start preparing now for what will likely become a requirement in the future. Some possible steps employers can take include: (1) Conducting a pay audit – Employers should consider a thorough review of their existing pay for employees in each job category. Identifying and correcting existing inequities now will help manage employee relations issues later.

(2) Establishing or updating pay ranges – Employers need to be able to attract and retain talent and maintain consistency. To do so, they need to know the market rate for similar positions in their geographic location. Once pay ranges are established, those should be compared to the pay of existing employees so that disparities can be addressed and remedied.

(3) Developing a plan for communication – Once employees see job postings for similar jobs or obtain access to internal pay ranges, they will likely have lots of questions about their own pay. Providing context is key. Where a particular employee’s pay fits within an established pay range depends on many factors, including experience, education, certifications/licenses, and geographic location. An individual with 15 years’ experience working in San Francisco will undoubtedly be paid more than an employee in Tennessee who recently graduated from college, even if they are technically serving in the same role. Employers should be prepared to explain those differences and offer suggestions on ways an employee can increase their earning potential and move up the pay scale.

(4) Embracing pay transparency as a positive change – When employers hear about new legal requirements, they generally approach them with significant dread. Compliance can be complicated and time consuming, and change is hard. However, offering transparency to employees can build trust between the employer and employees, ultimately increasing productivity, employee loyalty, and morale. It can also make recruiting more streamlined, as it eliminates the pool of candidates who are unwilling to accept the offered salary, saving hours of interviews, and instead attracts employees who want to work for the salary and conditions offered.

This evolving landscape of pay transparency reflects a broader societal shift toward fostering fairness and equality in the workplace. With a growing number of jurisdictions adopting or considering pay disclosure requirements, employers find themselves at the forefront of a significant transformation in employment practices. For employers navigating this shift, proactive steps are essential. By fostering an environment of openness and equity, employers can better meet the ever-changing legal requirements while also contributing to a workplace culture that values fairness, trust, and employee satisfaction.

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

RAY-BAN META SMART GLASSES DOES THE SECOND EDITION REPRESENT A TURNING POINT IN THIS CLASS OF GADGETS? The iconic sunglasses brand created by Bausch & Lomb is now eyeball deep in the Smart Glasses market – so much so that Meta (the company formerly known as Facebook) has decided to market a second version of Ray-Ban smart glasses. The first model of the Ray-Ban glasses, known as Ray-Ban Stories, was a miserable failure. But, you know Bill and Phil; when we learned that Ray-Ban and Meta decided to release a new, improved model, we pulled out our MasterCard and bought a pair.

They are a vast improvement over the first model, but Meta and Ray-Ban have more work to do before these smart glasses are a gadget that you would “Never Hide” (Ray-Ban’s new slogan).

Let’s start with the good. They look really good, and they are available in multiple colors and with multiple lens choices, including prescription lenses. You can connect them to wi-fi with Wi-Fi 6, or you can connect via Bluetooth 5.3. If you use them with your phone to make calls or videos, there are five, count them five, microphones that make you sound good and not muffled. They contain a 12 Megapixel camera that gives you decent photo and video quality, even though the camera is located on the left hinge of the frame, which makes the pictures and videos look off-center. If you have no hair (like Bill), you don’t have to worry about your hair covering the camera and ruining your photo or video. There is also a decent amount of storage (32 gigabytes), and the battery life is decent (five hours on average, with seven or eight recharges in the case).

The speakers are nice as well, although not as nice as the Bose sunglasses speakers. They are especially clear for phone calls, and they work well as headphone substitutes. While they do not use bone conduction, the sound is clear while allowing you to hear the sounds around you. In addition, others cannot hear. There is no “audio bleed” unless you turn them up really loud.

Now for the not-so-good. These glasses commit you to the Meta (Facebook and Instagram) ecosystem. You have to set up the glasses

using the Meta View app on iOS or Android. They work best when synced with a Facebook or Instagram account connected to your smartphone, so you are pretty much limited to livestreaming or posting to those accounts. You can also use the app to access your Spotify account. They also will allow you to use Meta AI, the new artificial intelligence digital assistant from Meta. However, Meta AI is not nearly as fully developed as ChatGPT, although it does a good job at answering basic and simple questions using the “Hey, Meta” command. Meta has promised that it will add more capabilities to the AI and add internet capabilities. We shall see (no pun intended).

Our biggest concern is the “glasshole” label that was associated with Google Glass. When you are wearing these Ray-Bans and using the camera, you can pretty much video or take a picture of anything you see. And, most of the time, no one will notice. If you were using the camera on your phone, folks will notice and know that you are making a photo or video of them. Using the Ray-Ban Meta Smart Glasses makes you feel like a creep or a peeping Tom. If you tell your friends and those around you that your glasses can take pictures or videos, their demeanor immediately changes, even though you tell them that you are only recording when the LED on the lenses is lit.

Still, while these glasses are not revolutionary, they are fun to use. Using the controls on the right-side temple, you can make calls, listen to music, take pictures, create videos and live stream. You can also use voice controls to do all those things as well. Bill also likes them, since you can get prescription lenses, and he does not care if people call him a “Glasshole.”

If Meta follows through and improves the AI of these glasses and adds Virtual Reality capabilities and better Augmented Reality features, they could be even more fun to play with, at the risk of alienating your friends and acquaintances.

L E G A L U P D A T E , continued from page 11 everything that comes along with ongoing obligations. Finally, Baskin serves as reminder of the burden plaintiffs carry to establish personal jurisdiction over a non-resident defendant.

11 12 13 14 15 16

1 2 3 4 5 6 7 8 9 10

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676 S.W.3d 554 (Tenn. 2023).

Id. at 560.

Id. at 562-63.

See id. at 561.

See id.

See id. at 564.

Baskin, 676 S.W.3d at 580.

Id. at 566-67 (quoting Int’l Shoe Co. v. Washington, 326 U.S. 310, 316 (1945)).

Id. at 567 (quoting Keeton v. Hustler Mag., Inc., 465 U.S. 770, 775 (1984)).

Id. at 568.

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Id. (cleaned up).

Id. 610 S.W.3d 460 (Tenn. 2020).

Crouch, 610 S.W.3d at 464.

Baskin, 676 S.W.3d at 570.

Id. at 572.

Id. at 570.

Id. at 572.

Id. Id. at 576.

Id. at 578.

January 2024

LEGAL LIBATIONS: KNOXVILLE BREW REVIEW By: Parker Bohne LMU Duncan School of Law J.D. Candidate, 2026

XÜL BEER COMPANY For over half a century, 213 E. 5th Avenue, found in the heart of the Marble City, housed a family-owned car repair garage. Now, it is a local hub for craft beer enthusiasts: Xül Beer Company.

The Atmosphere Xül emanates a warm and inviting atmosphere, blending modern aesthetics with a touch of vintage charm. The brewery’s open layout and expansive patio create a welcoming environment, drawing patrons into a space that effortlessly balances openness with intimate conversation. Comfort is key with a range of seating options, including cozy couches and hightop tables. Panoramic windows facing the patio flood the interior with natural light during the day.

As night falls, the exposed brick, the dark, textured interior walls, and the glow from the string lights covering the patio outside combine to create a sultry and inviting ambiance.

Xül’s inclusivity extends to its dog-friendly policy, ensuring that four-legged companions are as welcome as their human counterparts (on the patio, of course). The music selection is diverse with a little something for everybody, providing a lively backdrop to the chatter of patrons. With accessible parking, Xül is not just a destination for craft beer enthusiasts, it’s a vibrant hub where the community converges to savor moments of connection.

Xül boasts a staff that is as approachable as the atmosphere itself.

Whether you’re a seasoned beer connoisseur or just starting your craft beer journey, they are ready to guide you through the diverse selection with a genuine smile. Their passion for brewing is matched only by their eagerness to share insights and recommendations, making the experience enjoyable and accessible even for those less familiar with the world of craft beer.

The Brews Xül has seemingly taken the art of brewing and turned it into pure magic. Xül’s revolving beer list truly has something for every palate. For hops enthusiasts, there’s a collection of robust and flavorful IPAs that deliver a punch of hops in every sip. Paper Crowns, a hazy IPA, delivers a classic IPA flavor with just enough hops that you can still enjoy a burger

without feeling too full. If you’re in the mood for something lighter, the brewery offers crisp and refreshing lagers and pilsners, providing a delightful contrast. For those seeking the rich depths of flavor, the stouts on the menu promise a journey into the darker side of the brewing spectrum. Xül offers a diverse array of options, ensuring that every beer lover discovers a new favorite.

For me, the real magic comes with Xül’s fruited sours. The hop-averse (and gluten-intolerant) can rejoice when taking a sip from one of these fruity, flavorful beers. With any of the gluten-free fruited sours, you will find happiness without hoppiness. With the PB&J, you will be overcome with the nostalgia of a homemade peanut butter and jelly sandwich. With Betty’s Blueberry Cobbler, your tastebuds will be overtaken as they try to comprehend the fact that the blueberries, graham cracker crust, cinnamon, vanilla, and brown sugar are in a beer, not an actual blueberry cobbler.

Moreover, recognizing the importance of including those who do not drink alcohol, the brewery extends its variety to include a wide range of non-alcoholic beverages, catering to all tastes and preferences. With a commitment to providing a comprehensive and inclusive drinking experience, Xül ensures that every visit is a flavorful adventure.

Keep an eye out for the many flavors of Xül as they can be found at other breweries around Knoxville. Do not miss a chance to try every flavor of Xül, as the beer list is ever-changing, and the brewers never seem to stop pulling new tricks out of their magic hats.

The Food Every day from noon to 8:30 PM, Xül is in good company as the Abridged Beer Co. food truck, Abridged Burger Co., is stationed right outside the brewery’s doors. A match made in heaven, Abridged’s smash burgers are just as magical as the beers they’re paired with. Unmatched is the Abridged burger with smashed burger patties, gooey cheese, onions, bacon, aioli, and the best part, fried brussels sprouts. Now, I know what you’re thinking, brussels sprouts on a burger? But you’ll just have to trust me on this one. It’s the burger topping you never knew you needed.

Between the seasoned fries and the hand-crafted smash burgers, it’s worth every penny.

S C H O O L E D I N E T H I C S , continued from page 19 A lawyer should never avoid asking questions to learn the nature of the client’s conduct. It is in the client and lawyer’s interests for the lawyer to determine if the conduct is criminal or fraudulent so that the lawyer can advise against it and avoid participating in it. Changing the Model Rule does not change a lawyer’s obligation, but clarifies an otherwise confusing rule. We can all benefit from that clarification.

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U.S. v. Collins, 581 Fed. Appx 59 (2d Cir. 2014).

American Bar Association, Standing Committee on Ethics and Professional Responsibility, Standing Committee on Professional Regulation, Report to the House of Delegates, Revised Resolution to Amend Model Rule of Professional Conduct 1.16 and Comments 1, 2, and 7, available at: https://www.americanbar.org/ content/dam/aba/administrative/professional_responsibility/20230805-revisedresolution100report.pdf.

Id. at 10.

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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.

JANUARY 12 DEADLINE FOR KBA MEMBERSHIP RENEWAL KBA is successful wholly because of your support and involvement. KBA membership runs on a calendar-year basis; firm statements were emailed last week, and individual renewal notices were sent on Wednesday, December 13. The deadline to pay your 2024 membership dues is January 12, 2024. The KBA greatly appreciates your ongoing support, and we invite you to renew your membership for the 2024 year. You can renew your KBA Membership by clicking on “Membership Renewal” within your myKBA profile. It is the last item listed under your name. We encourage you to pay online and update your profile. To see which committees and sections you are affiliated with, click on the “My E-Communities” tab under your myKBA profile. We are excited about new programs, continuing education offerings, and networking opportunities on the horizon in 2024.

JUDICIAL CANDIDATE MEMBER SURVEY FROM JAN 15-26 Each KBA member will be asked to complete the candidate member survey for the offices related to the judicial system on the ballot for the March 5 Knox County Primary Election. The survey will be open from January 15 through 12 noon on January 26. Members will be asked if they “recommend” each candidate based on personal professional observations of the candidates conducting their duties as lawyers as it is germane to determining how well a candidate likely is to discharge important responsibilities of the office they are seeking. The positions on the ballot are County Law Director and Criminal Court Judge, Division II. 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.

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

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milestones and stories of great lawyers and judges provides new lawyers with historical perspective and inspiration. Interviews of Tim Priest, Bob Pryor, and Charles Swanson have been recently added. View the interviews online at www.knoxbar.org by clicking Member Resources and then Practice Resources.

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.

•

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.

Address Changes

Please note the following changes in your KBA Attorneys’ Directory and other office records: Jennifer R. Egelston BPR #: 039528 Legal Aid of East Tennessee, Inc. 607 West Summit Hill Drive Knoxville, TN 37902-2011 Ph: (865) 637-0484 jegelston@laet.org

Andrew S. Roskind BPR #: 033915 Gordan Rees Scully Mansukhani 4031 Aspen Grove Drive, Suite 290 Franklin, TN 37067-2951 Ph: (615) 772-9066 aroskind@grsm.com

Theodore R. Kern BPR #: 015337 Law Office of Theodore Kern P.O. Box 5835 Knoxville, TN 37928-0835 Ph: (865) 603-5555 tedkern@aol.com

Adam Strachn BPR #: 033915 Law Office of Adam Strachn, PLLC 9221 Middlebrook Pike Knoxville, TN 37931-4764 Ph: (865) 419-0747 adam@strachnlaw.com

Ameesh A. Kherani BPR #: 030218 Kherani Law Firm, PLLC 112 Cumberland Lane Knoxville, TN 37757-2737 Ph: (865) 777-0786 akherani@kheranilaw.com Alexander B. Nicoll BPR #: 039798 AESSEAL, Inc. 355 Dunavant Dr. Rockford, TN 37853-3072 Ph: (865) 806-6997 alexander.nicoll@aesseal.us Elizabeth K. Psar BPR #: 029728 Knoxville Family Law 9724 Kingston Pike, Suite 1012 Knoxville, TN 37922-6906 Ph: (865) 539-3515 elizabeth@knoxvillefamily.law

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January 2024

WELL READ By: Nick McCall

FURIOUS HOURS: MURDER, FRAUD, AND THE LAST TRIAL OF HARPER LEE What criminal lawyer would relish defending a man accused of shooting a well-known preacher three times, at very close range, during a funeral service for the preacher’s stepdaughter? Why would the murdered minister’s lawyer quickly choose to represent his client’s murderer, and why would the murdered minister be despised and distrusted by many of his fellow citizens? What would voodoo have to do with the preacher’s death and the strange deaths of six of his own family members—including two wives—and acquaintances? And, what kind of legal case would bring one of the South’s most beloved writers, a semi-recluse, out of her New York City sanctum to return home to Alabama to consider writing her first novel in decades?

If these questions pique your interest, all of these answers, and far more, can be found in Casey Cep’s Furious Hours: Murder, Fraud, and the Last Trial of Harper Lee. An astoundingly detailed and fast-paced work of non-fiction, Furious Hours reads at times like a novel. The facts and legal machinations of a murder case lying at the book’s heart illustrate the power of the old saw that truth is often stranger than fiction. Furious Hours is also reminiscent of another book that lies close to the story’s core. I am not talking about To Kill a Mockingbird, although that too forms part of the narrative, given its prominent role in Harper Lee’s literary career. No, the book in question is Truman Capote’s famed 1964 “non-fiction novel,” In Cold Blood.

Three main story arcs subdivide Casey Cep’s account. First: the tale of the Rev. Willie Maxwell. The son of poor sharecroppers, Willie Maxwell was a product of the harsh and strictly segregated Coosa County, Alabama of the Great Depression and mid-twentieth century.

Working day jobs as a logging team leader and pulpwood harvester, he put himself through seminary to become a Baptist minister. Tall, handsome, impeccably dressed—even in the grime of pulpwood forests and work sites—and a formidable speaker, he attracted quite a flock. He also attracted other women, to his first wife’s mortification. She turned up dead in her car.

Another thing that the Rev. Maxwell seemed to attract? Life insurance policies, by the score—not only in his and his spouses’ names, but also in the names of other relatives. As bodies began piling up around the Reverend, so did life insurance claims. These were ably handled by his white lawyer, Tom Radney. Tom’s adroitness in finagling payouts for even the most questionable of these policies seemed to make Preacher Maxwell a wealthy man.

January 2024

These deaths were all quite strange. Most unusually, one of the corpses autopsied had no apparent cause of death whatsoever. Was it voodoo? When young Shirley Ann Ellington, Maxwell’s stepdaughter died, another distraught relative, Vietnam combat veteran Robert Burns, put three shots into the Reverend, right in the middle of Shirley Ann’s funeral service.

Maybe more surprisingly, Robert Burns’ defense would be led by “Big Tom” Radney, a former politician-turned-trial lawyer and the murdered Reverend’s longtime consigliere. Radney’s theory of the case rested on the famous “irresistible impulse” insanity defense. He implicitly merged that with a version of the old “Some men are so bad, they just deserve to die” outlook towards his own former, now-dead client. Robert Burns’ trial, and the courtroom fireworks between the trial judge, Radney and the local DA, Tom Young, are compellingly covered.

Next: enter Nelle Harper Lee. After To Kill a Mockingbird‘s stunning success, her career lay fallow, much to her distress and that of her publisher and literary agents. Having accompanied her childhood friend, the gifted and eccentric Truman Capote to Kansas in the late 1950s to explore the ghastly murders of the Clutter family by two drifters—the source for In Cold Blood—and equally, the daughter and sister of lawyers (and a onetime ‘Bama law student herself ), the idea of her next book being a murder story came naturally to Harper Lee. In the case of State v. Robert Burns, she seemed to have struck the basis for literary gold.

Leaving her New York apartment, Harper Lee moved back to central Alabama to research the case. Tom Radney was not only a voluble witness; he had a mountain of materials, which he gladly loaned to Ms. Lee. Yet, despite all of her efforts and prodigious discovery, no nonfiction account or novel was ever produced by Harper Lee. This almostinexplicable failure is another mystery explored in depth by Ms. Cep. Furious Hours is a compelling book, and Casey Cep is an incredibly talented writer. Her research underlying this book had to have been immense. She weaves an enormous number of threads together to produce a splendid tapestry, stemming from a tangled web of deceit; insurance fraud; treachery; dubious, if not poor, ethical decisions; murder; and, ultimately, heartbreak and disillusion.

Furious Hours is an absolute page-turner that is well worth a busy lawyer’s time.

DICTA

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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

2023 PRO-BONO YEAR IN REVIEW I am so lucky to work with an incredibly supportive Bar Association and it was my very great privilege to present the KBA with Legal Aid’s Pro Bono Community Partner of the year at November’s Pro Bono Night. Thank you to all the staff for their hard work and commitment to supporting pro bono efforts in our community. As Pro Bono Director at Legal Aid and Co-Chair of the KBA Access to Justice Committee, I am excited to share all the amazing work you have done this past year, and I hope you will be inspired to build on this year’s accomplishments in 2024!

2023 was an exciting and busy year for the Pro Bono Project in Knoxville! We have instituted new initiatives with community partners, specialty bar associations, and our local law schools, and have continued to match cases with the private bar for full representation. We’ve matched over 100 cases this year, but the need for help with civil legal issues, most especially conservatorships, adoption, and probate matters.

During this season of giving, committing to take a case is a great way to give back. You can always find a list of available cases updated weekly on our website at www.LAET.org.

In 2023, we continued to offer our perennial clinics in conjunction with the KBA’s Access to Justice Committee. We started off the year with a Faith and Justice Clinic at City Church in February and will do the same in 2024 with a February 10th Faith and Justice Clinic at the Church of Latter-day Saints on Kendall Road. The quarterly Debt Relief Clinic continued to provide peace of mind to individuals struggling with debt, 28 area residents attended the in-person clinic in 2023. I am so grateful for the generous support of our local bankruptcy bar under the leadership of Tom Dickenson who faithfully attends every clinic.

The Veteran’s Clinic continues to be one of our most popular clinics; attorney volunteers helped 84 service members and their families take the first step towards resolving their legal issues at 11 legal clinics this year. I invite you to join us the second Wednesday of every month at the Public Defender’s Community Law Office from Noon to 2:00 PM to give back to those who have given so much to us. We will take a break from this clinic for the month of January and jump right back in February. I want

to be sure to thank the Public Defender’s Community Law Office for being such a gracious host. You can find out about dates, locations, and sign up for these clinics on the KBA website.

In early summer of 2023, the KBA’s Access to Justice Committee partnered with UT Law School and Professor Joy Radice to launch the Second Chance Initiative with a two-hour comprehensive CLE. The goal of this program is to train area attorney volunteers to help Knox County residents restore their rights.

In July, we held an expungement clinic at the Knox Area Urban League staffed by private attorney volunteers and were proud to assist 18 clients with expungements, cost waivers, and drivers license reinstatement advice. This is an ongoing project, and we are always in search of additional volunteers so please email me if you would like to learn more.

We continued to offer our biannual Virtual Pro Se Name Change Clinic in partnership with Legal Aid Society of Middle Tennessee and The Cumberlands and the Tennessee Bar Association’s Young Lawyers Division. This clinic is incredibly popular and fills up with clients almost immediately. This is a wonderful, easy way to help individuals from across Tennessee who want to change their name and we provide materials and training to volunteer attorneys ahead of the event. We will offer this clinic again in June and October so please watch for dates and sign-up links if you’re interested in participating!

Overall, we offered 22 clinics in 2023 serving fellow East Tennesseans in and around our Knoxville service area. That is over 260 clients who received legal advice or documents thanks to the incredible support of local attorney and law student volunteers. As of December 8th, attorneys in our service area have reported 380 total hours of Pro Bono Service to our program—and that’s JUST the hours that attorneys have reported. This translates to a total value of almost $100,000 worth of valuable time donated by the amazing members of the bar this year! I am so thankful for your dedication and commitment to pro bono service and wish you all a very happy New Year.

Upcoming Clinic Opportunities

Legal Advice Clinic for Veterans: In person at the Public Defender’s Community Law Office at 1101 Liberty Street in Knoxville. Phone advice options available.

• Wednesday February 14th Noon – 2:00 PM. • Wednesday March 13th Noon – 2:00 PM • To sign up, please use the form on the KBA Website or email ctorney@laet.org.

Debt Relief Clinic: In person at the Public Defender’s Community Law Office at 1101 Liberty Street in Knoxville.

• Saturday February 3rd 9:00 AM – Noon • To sign up, please use the form on the KBA Website or email ctorney@laet.org.

Faith and Justice Clinic: In person at City Church, 522 Sevier Ave in Knoxville.

• Saturday February 10th from 9am - Noon.

Virtual Debt Relief Clinic: Zoom. Saturday March 9th 10am – Noon.

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DICTA

January 2024

Photo Ops

Knoxville Barristers Holiday Party and Elections

On December 6, the Barristers gathered for their annual party and elections at Printshop Beer Co. The event was sponsored by LexisNexis. Join us in congratulating the Barristers’ newly-elected Officers: President –Charles S.J. Sharrett, Vice President– Jimmy Snodgrass, Treasurer - Courteney Barnes-Anderson, Secretary – Jordan Houser, and Members-at-Large – Mariel Bough and Isaac Westling. It was also announced that Bridget Pyman and Isaac Westling, Co-Chairs of the Mock Trial Committee, were presented with the Barristers’ Presidents’ Award for 2023.

Ethics Bowl XVII

There was fierce competition for the Ethics Bowl trophy this year! “Ethics Bowl XVII: Frienemies” was presented on Friday, December 1. This year’s teams were Cecilia Petersen and David Valone, Tasha Blakney and Chris McCarty, Jamie Ballinger and Summer McMillan, TaKisha Fitzgerald and Mike Whalen, Tom Johnson and T. Scott Jones, and Meagan Collver and Michael Brezina. In the end, Cecilia Petersen and David Valone were declared the Ethics Bowl Champions! Special thanks to Hon. Kristi Davis, Hanson Tipton, and Rachel Hurt for serving as program hosts. The Ethics Panel included Judy Cornett, Chancellor John Weaver and Hon. Mary Beth Leibowitz and Dean Lonnie Brown provided the “Ask the Dean” lifeline.

January 2024

DICTA

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Prsrt Std US POSTAGE

PAID

P.O. Box 2027 Knoxville, TN 37901

Annual Meeting Highlights The KBA Annual Meeting was Friday, December 8, 2023. The President’s gavel was passed from Loretta G. Cravens of Eldridge & Blakney, PC to Carlos A. Yunsan of the University of Tennessee College of Law. The executive director mantle was also passed from long-time director Marsha S. Watson to incoming director Tasha C. Blakney. Watson was recognized for her 33-year tenure at the helm of the KBA by the creation of a special lifetime membership for her and the renaming of the KBA’s conference room in her honor.

Outgoing President Cravens thanked her fellow board members and all KBA members for their support and recognized the KBA staff for their dedication to East Tennessee attorneys and the legal community.

In his remarks, incoming President Carlos A. Yunsan congratulated Cravens and acknowledged the success of the organization under her leadership. Mr. Yunsan remarked that in 2024, with incoming Executive Director Tasha Blakney at the helm, “the KBA is poised to build on Ms. Watson’s legacy and to be a place to belong for all legal professionals in the Knoxville area.” He called upon KBA members to “try out a KBA initiative they have not tried before, to bring along someone in their circle of influence, and to personally reach out to a colleague unfamiliar to them—in other words, to actively expand their horizons.”

During the meeting, the following KBA members were elected as officers for 2024: President-Elect – Jonathan D. Cooper, Treasurer – Rachel Park Hurt, and Secretary – Ursula Bailey. The membership elected the following KBA members to the four open positions on the Board of Governors: Melissa B. Carrasco, James R. Stovall, Alicia J. Teubert, and Joan M. Heminway.

John E. Eldridge was presented the KBA’s highest award, the prestigious Governors’ Award, which is given annually to a lawyer whose peers believe has brought distinction and honor to the legal profession. Douglas A. Blaze, former dean of the UT College of Law, was recognized with the Don Paine Lawyer Legacy Award, which seeks to honor the contributions of a lawyer who is committed to access to justice, mentoring, service, and scholarship. The Honorable Sharon G. Lee was presented the KBA’s Judicial Excellence Award, which recognizes a judge felt by the Association to represent the very best in a judicial officer. The President’s Award for 2023 was presented to attorneys Elizabeth B. Ford and Hannah S. Lowe in recognition of their dedication and outstanding efforts on behalf of the KBA’s Wellness Committee. The KBA’s award for outstanding legal writing was presented to a trio of University of Tennessee Law Professors: Judy M. Cornett, Alex B. Long, and Paula Schaefer, in recognition of their regular “Schooled in Ethics” columns in the KBA monthly magazine DICTA. It was announced that Charles S.J. Sharett became President of the Knoxville Barristers, the Young Lawyers Division of the KBA, at the elections on December 6. The following were elected as Barristers Officers: Jimmy Snodgrass, Vice President; Jordan Houser, Secretary; Courteney Barnes-Anderson, Treasurer; and Mariel Bough and Isaac Westling, Members-atLarge. It was also announced that Isaac Westling and Bridget J. Pyman, Co-Chairs of the Mock Trial Committee, were presented with the Barristers’ President’s Award for 2023.

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