KBA Board of Governors
Melissa B. Carrasco
Joan M. Heminway
Ian P. Hennessey
William A. Mynatt, Jr.
T. Mitchell Panter
M. Samantha Parris
Courtney Epps Read
Vanessa Samano
Charles S.J. Sharrett
The Knoxville Bar Association Staff
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.
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 Tasha Blakney (522-6522).
James T. Snodgrass
James R. Stovall
Alicia J. Teubert
Hon. Zachary R. Walden
Dicta is the official publication of the Knoxville Bar Association
Publications Committee
Executive Editor Cathy Shuck
Executive Editor Sarah Booher
Executive Editor Melissa B. Carrasco
Executive Editor Wade H. Boswell, II
Brandon Allen
Anita D’Souza
Elizabeth B. Ford
Jennifer Franklyn
Joseph G. Jarret
F. Regina Koho
Matthew R. Lyon
Summer McMillan
Angelia Morie Nystrom
Katheryn Murray Ogle
Laura Reagan
Ann C. Short
Eddy Smith
Grant Williamson
Managing Editor Tasha C. Blakney
KBA Executive Director
5 President’s Message
Coming Together: It’s What Defines Us 7 Practice Tips
Fundamentals of Effective Firm Meetings
8 Legal Update
“Sashay, Away:” Sixth Circuit Holds That Challenger of Tennessee’s “Drag Ban” Does Not Have Standing to Pursue Claim
19 Schooled in Ethics New ABA Ethics Opinion on the Use of Generative Artificial Intelligence in the Practice of Law
Aid of East Tennessee Honored with KBA’s 2024 Diversity, Equity & Inclusion Award
Of Local Lore & Lawyers
Tragedy in Bronze: The Courthouse Murder of Nathaniel Parker Willis
What I Learned about Inclusion and Why It Matters
Dia de Los Muertos and Grief in a Time of Solitude
The Oath More Than Mere Sentiment
Hello My Name Is Jordan Meddings
Privileged to Be a Lawyer
Be a Lawyer
New Perspective on the International Practice of
in Law &
to Harness the Strengths of
Memoriam of a Small Town Lawyer: Not a Top Ten List
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 865-522-6522 or send an email to membership@knoxbar.org.
The ADR Section plans regular CLE throughout the year. Save the date for the annual CLE program “Mediation: Practice & Ethics Update,” scheduled for December 17. If you have a CLE program topic or speaker suggestions, please contact the ADR Section Chairs Joe Jarret (566-5393) or Betsy Meadows (540-8777).
The Bankruptcy Section plans CLE programs and helps coordinate volunteers for the Pro Bono Debt Relief Clinics. Save the date for the “The Intersection (and Sometimes Collision) of the Bankruptcy Code and Domestic Relations Law” Bankruptcy Section CLE program scheduled for October 23. 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).
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).
The KBA Criminal Justice Section represents all attorneys and judges who participate in the criminal justice system in Knox County. Save the date for the annual section CLE program “Criminal Law Rowdy Roundup” on November 5. If you have suggestions for CLE topics, please contact Section Chairs Joshua Hedrick (524-8106) or Sarah Keith (457-5640).
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).
The Environmental Law Section provides a forum for lawyers from a variety of backgrounds, including government, corporate in-house, and private firm counsel. Join the Environmental Law section for the “Native American Graves Repatriation Act” CLE webinar program scheduled for October 3. If you have suggestions for CLE topics, please contact Section Chairs Catherine Anglin (804-3741), Kendra Mansur (771-7192), or Jimmy Wright (637-3531).
The Family Law Section has speakers on family law topics or provides the opportunity to discuss issues relevant to family law practice. Save the date for the annual CLE webinar program “TN Family Law Update” on December 10. 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).
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).
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).
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 like to get involved in planning section activities, please contact Section Chairs Dalton Howard (546-0500) or Mari Jasa (546-7770).
The Senior Section schedules a luncheon with a guest speaker every quarter. If you have suggestions for luncheon speakers, please contact Chair Wayne Kline at (292-2307) or Sam Rutherford (659-3833).
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. Join the Solo Practitioner & Small Firm section for the “Estate Planning 101: An Introduction and Overview” CLE webinar program scheduled for October 1. If you have a program topic or speaker suggestions, please contact Section Chairs Tim Grandchamp (392-5936), Brittany Dykes (214-7869) or Stan Young (209-8034).
PRESIDENT’S MESSAGE
By: Carlos A. Yunsan University of Tennessee College of Law
Excitement was in the air, and orange gear was popping out everywhere. Before we could blink, the Vols were off to a 2-0 start for the season, with redshirt freshman quarterback Nico Iamaleava at the helm. But this is October, ladies and gentlemen, the month that separates the wheat from the chaff—and Arkansas, Florida, and Alabama are coming to Neyland on back-to-back-to-back weekends. Every year, as the season gets on its way, we share a similar ritual, and every year is as compelling as the last: filled with hope that the team will come together and take us along with them to victory.
On top of football season, a first-ever season of competitive soccer has descended upon our family, which—to be honest—has been both painful and rewarding. The start was “rough” to put it mildly, but it has been fascinating to watch this group of kids starting to come together after struggling together week in and week out. They are beginning to figure out how to work with each other to achieve better outcomes. It has taken a lot of perseverance, but they can now see progress which, in turn, is helping them to compete as a unit. The result is less frustrated kids and, without a doubt, less frustrated parents!
There is this draw within us, this longing to come together, because even the most arrogant and self-reliant among us, sooner or later, comes to realize that only together with one another can we realize greater things than we can by ourselves. It’s almost as if we intuitively know that we are wired to work that way. And when it happens, it is a beauty, a work of art, a tournament cup, a national championship, a thriving workplace. But it does take investment, and so we—wisely, I think—literally “make” time and then invest it to be with each other. We create and attend trainings, retreats, social events, and the list goes on. We associate into professional organizations where together we look after each other and our best interests. We continue to hang out with the old college friends and the more recent colleagues. Timeconsuming? Yes. Worth it? Absolutely! What’s more, while we often gather in celebration, we also come together to support each other during the challenges.
Not quite four weeks ago, we did exactly that. We came together to honor the special relationship between the bench and the bar in Knoxville and its surrounding areas. And while we were there in celebration mode, we also took a moment to remember with fondness and admiration the legacy and impact of colleagues no longer with us.
I appreciate the willingness of each attorney and judge who showed up at the Bench and Bar Celebration. Word is that a jovial contingent was seen enjoying the signature cocktails and exquisite hors d’oeuvres way past closing time. Here, in our neck of the woods, that relationship is more than inextricable; it is inspiring. Our dedicated local judges not only present at our CLE programs and serve on our committees but also volunteer to serve with us out in the community. Case in point, several attorney-judge teams visited four elementary schools last month to commemorate Constitution Day, sharing their expertise and scattering seeds of knowledge and possibility among youth who desperately need to engage with role models so they too can envision themselves being tomorrow’s lawyers, judges, and agents of change.
As we dive deep into the fall of the year—with the start of the football season long behind us and Halloween encroaching upon us—let’s take advantage of the many opportunities to “keep” together offered by the KBA this month. I will highlight only three, but there are so many more. Our annual Diversity and Inclusion CLE program and reception on October 15 continues the challenging and never-ending work of ensuring that our profession more closely resembles the community it serves. This is one of the most meaningful endeavors we can engage in, with the possibility of having a generational impact. Then, get your game on and grab three friends (and/or co-workers) and head over to Tennessee National on October 28 for the annual Charity Golf Tournament, with proceeds going to support Mobile Meals, the Volunteer Breakfast, and other initiatives of the Barristers’ Hunger & Poverty Relief Committee. To top it all off, the KBA will be hosting its first-ever Halloween haunted house on October 24. Deck yourself and your family out and enter the spooky halls of the Supreme Court Building’s basement at your own risk to discover what lurks below!
Henry Ford famously stated: “Coming together is a beginning; keeping together is progress; working together is success.” The KBA provides fantastic opportunities for us to come together and keep together; but, more importantly, its members excel at being willing to show up and invest of themselves. We are fortunate and should feel proud of belonging to a bar that is defined by coming together, because it knows that only together can we achieve true and lasting success. Cheers!
By: Robin Gunn Diversity in the Profession Committee Co-Chair
On September 5th, I had the honor of presenting Legal Aid of East Tennessee with the Knoxville Bar Association’s 2024 Diversity, Equity, and Inclusion Award during the 2024 Bench & Bar Celebration.
In April 2023, the Diversity in the Profession Committee proposed, and the KBA Board of Governors approved, the creation of the KBA Diversity, Equity, and Inclusion Award to recognize a legal organization that best demonstrates outstanding leadership to promote diversity, equity, and inclusion in furtherance of the goals of the KBA’s Strategic Inclusion Plan. At the Bench & Bar event last year, the first such award was given, and the very worthy recipient was the Lewis Thomason law firm.
This year, we were honored to again recognize an outstanding legal organization in honor of its remarkable efforts in the promotion of diversity, equity, and inclusion in the workplace and beyond.
The selection committee learned some remarkable things about Legal Aid in reviewing the award nomination.
In the application, Legal Aid of East Tennessee wrote, “Diversity…is embodied in everything we do. We strive to have a diverse staff that looks like our clients to empower our clients to be comfortable with our assistance. This is reflected through our hiring, staff training, and formal policies and procedures.”
Likewise, in their hiring practices, they seek to promote diversity at all levels. Of the eleven most recent law clerks hired, nine came from diverse backgrounds, demonstrating their commitment to make opportunities available to diverse law students. In addition, diverse individuals make up 60% percent of their board of directors and 47% of their management team.
In addition, Legal Aid of East Tennessee has taken significant steps to advance internal DEI efforts. Recently, they created a DEI committee, which meets regularly and hosts internal learning and discussion opportunities, including the creation of a DEI book club. All staff members receive annual DEI training, and they hold regular “Knowledge Feasts” in a virtual lunch and learn format available to all staff members in which DEI training is frequently on the agenda.
Legal Aid of East Tennessee also contemplates diversity in the delivery of its services to clients. They recognize the broad and dynamic populations served by their staff and work diligently to ensure they can communicate fully and effectively with all clients. For example, they provide materials and signage in Spanish and in braille, along with services in American Sign Language, all of which underscores their understanding of the need and importance to be fully accessible in the provision of legal services.
Legal Aid of East Tennessee is self-described as “a non-profit law firm providing a variety of civil legal services without charge to its clients throughout 26 counties with a mission to strengthen communities and change lives through high-quality legal services and a vision of an East Tennessee where justice is a community value, and no one faces a legal problem alone.” Continuing, Legal Aid has stated that “the principles within this one sentence, in and of themselves, along with such a broad mission and vision, lend themselves to an organization which must focus upon a diverse population, which, in turn, requires inclusive representation - not in the sense of legal representation - but in a way which ensures the organization, itself, is comprised of those who embody, epitomize, and typify the population. This also has an impact on materials, outreach, and how/where/and from whom information is disseminated.”
Legal Aid of East Tennessee has adopted a formal DEI statement reflective of their philosophy:
“Legal Aid of East Tennessee believes that our mission requires celebrating the diversity of our community, fostering a culture of inclusion, and ensuring fair treatment and dignity for all. In pursuit of our ideals, we strive to establish practices that facilitate equity and inclusion and seek opportunities to further develop understanding and respect, both for our staff and those that we serve.”
For all these reasons and so many more, the Bench & Bar proudly celebrated Legal Aid of East Tennessee as the second annual KBA Diversity, Equity & Inclusion Award recipient. This opportunity to fellowship among members of the legal community and judiciary, including all five Supreme Court Justices, was heavily attended. For those of you who missed the opportunity to celebrate last month, please make plans to join us next year. It is a fantastic celebration of the best things about our Bar.
By: David M. Eldridge and Loretta G. Cravens Eldridge & Cravens, P.C.
“Communication makes the world go round. It facilitates human connections, and allows us to learn, grow, and progress. It’s not just about speaking or reading but understanding what is being said- and in some cases what is not being said. Communication is the most important skill any leader can possess.”1
Beyond legal training and experience, running a successful law practice is really all about relationships: relationships with clients, other attorneys, the Courts, the clerks, referral sources, service providers, and members of the community. Without these relationships, a lawyer may find themselves with too few clients to serve or too few resources to serve them. What lies at the core of any good relationship? Good communication. Communication is the foundation on which a law practice can thrive. We suggest that weekly firm meetings are the ideal cornerstone.
Our office has long relied on weekly firm meetings to facilitate communication. Over the years these meetings have taken different forms, been scheduled at different times, and included different groups of individuals. Through trial and error, much discussion among lawyers and staff, we eventually settled on midday Friday whenever possible. Plenty of time to plan for the week ahead, maybe even complete a few tasks, and minimize the impact of any anxiety that may arise. These meetings are more than just assigning tasks and reviewing progress. The core purpose is to build a culture of communication and collaboration. Below are some tips for how we accomplish an effective firm meeting.
Dismantle silos.
Organizational silos are common in most firms, even small firms. One attorney has a particular expertise or practice area, and certain staff may be more experienced or proficient in assisting with that type of work and therefore be assigned to work with that person. In larger firms, the silo model can expand to include whole groups of attorneys and support staff that function as a firm unto itself. Many practice groups can exist side by side with little or no interaction. The danger here is that each group or department can, and usually does, develop its own goals and culture that may or may not be consistent with other groups or the larger firm. Silos can develop within even one or two lawyer offices. Functionally, a group or “silo” structure may be necessary, but to encourage organizational innovation, alignment, collaboration, and communication, they must yield to the overall firm culture. Thus, it is a necessity to bring everyone to the table regularly.
Break bread if you can.
For the same reasons family meals are important, so are opportunities to share meals within your office. Sharing a meal creates a more social and less stressed environment and allows for interaction and communication among the wider group. People are more likely to share freely in this more casual forum than if called in for a formal meeting. It has the added benefit of allowing even those not involved in the conversation to hear and learn about what projects and goals others
are working toward. There is no reason you cannot meet and eat at the same time.
Seek input from staff and actually listen.
Seeking input from support staff is crucial. Your staff knows more about your cases than you do, and because they will also have a different perspective, they will also have different ideas about how to address a client’s needs or most effectively communicate with a particular client, expert, or court personnel. Inviting them to meaningfully participate in office meetings will not only encourage their investment in your organization, but also discourage you from falling into the trap of treating every case and client in a similar fashion or approaching every case with a similar viewpoint. You will gain perspective that will make you a more effective lawyer, and their buy-in will make your office more successful and run more smoothly.
Focus not only on tasks but also workload and human capacity.
Be mindful that everyone has only so much personal capacity. Lawyers have only so many hours in a day that we can bill and a limit to how much we can accomplish on any given day. That limit may vary based on any number of factors. How one feels, what is happening in one’s family, health, world events, and many other things can impact our personal productivity and energy. When assigning tasks, it is important to be aware of not only the workload an individual may have, but also what their personal capacity may be at any given moment. Discussing both workload and capacity in our firm meetings helps us manage these issues in a way that everyone feels is equitable. Often one staff person will eagerly step up to take additional tasks to ease the load on another who may have hit capacity. This creates goodwill between them and an eagerness to reciprocate when needed.
Spending real time with your coworkers discussing whatever work is to be done and listening to and valuing their feedback will encourage a collaborative culture outside of the meeting. It also engenders a sense of ownership and investment in your office that will result in tangible investment in the work product. If you want a team working with you, do not treat them like they are working for you.
Communication is the cornerstone of leadership, and success in the practice of law is built on persuasion. “If you wish to persuade me, you must think my thoughts, feel my feelings, and speak my words.”2 Use the firm meeting to build the relationships inside your office in a way that is meaningful and valuable to your co-workers, and you will reap the benefits in your practice.
1 Branson, Richard, My Top 10 Quotes on Communication (May 2015), https:// www.virgin.com/branson-family/richard-branson-blog/my-top-10-quotescommunication.
2 This quote is attributed to Marcus Tullius Cicero (c. 106-43 B.C.), Roman philosopher, lawyer, and orator. Located at https://www.azquotes.com/ quote/935452
By: Regina Koho Tennessee Valley Authority Office of the General Counsel
Tennessee’s Adult Entertainment Act (“AEA”)—the “drag ban”— “prohibits actual or simulated sexual performances by certain types of individuals (like male or female impersonators) that are harmful to minors and that are performed anywhere that a minor can view them.”1 Stated more simply, the AEA seeks to criminalize drag performances in public places, such as “drag queen story hours” hosted at public libraries or book stores. This topic, including the First Amendment challenge brought by Friends of George’s, Inc. (“FOG”), “a nonprofit theater company based in Memphis” that “stage[s] . . . drag-centric productions . . . to raise money” for LGBTQ+ organizations,2 was covered in two previous columns. Hannah Lowe first discussed it in May 2023, covering the temporary restraining order issued in FOG’s favor by the U.S. District Court for the Western District of Tennessee.3 Melissa Carrasco then covered the lawsuit’s subsequent procedural history in December 2023, including the district court’s ruling that the AEA violated the First Amendment and the appeal by Shelby County District Attorney General Steven Mulroy.4 In July 2024, the Sixth Circuit decided Mulroy’s appeal, so this article picks up where my colleagues left off. Why is drag being targeted by state legislatures?
First, a brief primer on drag. “Drag has many interpretations but is loosely defined as performing in an exaggerated way that caricatures or challenges male or female stereotypes.”5 It has a long history as a form of expression, going back to Ancient Greece and Shakespearean England, when men portrayed female characters in theatrical performances.6
Eventually, drag became associated with the LGBTQ+ community, and what we think of as modern-day drag emerged as part of New York’s “ball” culture during the 1970s and 1980s, which “provided an arena for drag queens to compete for money, awards, and bragging rights,”7 but also provided a “sense of community,” with younger contestants joining “houses” of more established contestants who “mentor[ed] . . . [them] . . . [and] pass[ed] down techniques and training as they walk[ed] in balls and represent[ed] their houses.”8 “Club drag,” a mainstay of LGBTQ+ nightlife, has similarities to ballroom culture in that the performances involve dancing, lip syncing, fashion,9 and often “jaw-dropping transformations.”10
Eventually, drag found its way into mainstream culture. In The Birdcage and To Wong Foo, Thanks for Everything! Julie Newmar, well-known actors (e.g., Patrick Swayze) starred in movies featuring drag culture. RuPaul’s Drag Race, a reality show where performers compete for a cash prize, has been on television since 2009 and is now an international franchise.11 And in recent years, drag’s mainstream popularity has only increased—think performances at Pride Parades, “drag queen” story hours at local libraries, and drag brunches in restaurants.12
But this increased visibility has made drag a target in conservativemajority states.13 Although it is unclear whether those opposed to events like “drag queen” story hours have ever attended one, much less seen a drag show of any kind, the subject has ignited a niche area of the “culture wars” based on the belief that exposure to drag somehow “sexually grooms children.”14 Of course, it has been pointed out not only that most drag performances—particularly those that are tailored to broader
audiences—are in no way obscene, but that there is “no research evidence to suggest that” exposure to drag “increases [a child’s] risk for long-term psychological consequences or childhood sexual abuse.”15 These facts notwithstanding, state legislatures—beginning with Tennessee—have enacted statutes seeking to deal with this perceived “problem,”16 often shoehorning drag into the same category as strip clubs.17
The Sixth Circuit’s decision
Unfortunately, the Sixth Circuit’s opinion did not decide how the First Amendment applies to public drag performances. Instead, a twojudge majority held that FOG did not have standing.
Hearken back to constitutional law and you will remember that, in order to pursue a claim in court, you must have some sort of cognizable “injury-in-fact” caused by (here) a statute that can be remedied by your lawsuit.18 Because FOG brought a pre-enforcement challenge to the AEA, to establish the requisite injury, it had to “allege[] an intention to engage in a course of conduct arguably affected with a constitutional interest . . . that the challenged statute proscribes.”19
Writing for the majority, Judge Nalbandian found that FOG failed to meet this burden.20 In determining what the AEA “arguably proscribe[d],” he focused on the meaning of “harmful to minors,” which the Tennessee Supreme Court previously limited to “only . . . those materials which lack serious literary, artistic, political, or scientific value for a reasonable 17-year-old minor.”21 He concluded that, because FOG described its performances as “akin to “Shakespeare and Ancient Greek theater,” it had “not alleged that its performances lack serious value for a 17-year-old,”22 despite the fact that the evidence credited by the district court also showed “past performances . . . containing adult content” (e.g., “simulating sex acts behind a curtain” and “phallic humor”). Judge Nalbandian found this evidence unpersuasive because the “scenes [were] abstracted from the context of an entire show.”23 Yet he then concluded (assuming that FOG met the initial prong of the pre-enforcement test) that the relevant conduct was not “arguably affected with a constitutional interest” because “there is no constitutional interest in exhibiting indecent material to minors.”24
Judge Mathis dissented,25 disagreeing with the majority’s interpretation of what the AEA proscribed (i.e., the “harm to minors” standard). He noted that the Tennessee Code explicitly defined a “minor” as anyone under 18,26 and the majority’s narrowing construction, derived from Davis-Kidd Booksellers, Inc. v. McWherter, 27 considered an “overbreadth challenge to Tennessee’s display statute, which criminalizes the ‘display for sale or rental’ of any ‘visual depiction’ containing ‘material harmful to minors anywhere minors are lawfully admitted.’”28 Because no Tennessee court had construed the AEA like the display statute, and because the legislature had not explicitly incorporated the Davis-Kidd standard into the AEA, Judge Mathis found it “improper for th[e] court to adopt [its] . . . narrowing construction . . . when assessing standing.”29
Unlike the majority, Judge Mathis found that, “based on the content of its past shows,” FOG met its burden to demonstrate “that it was highly likely to engage in conduct” proscribed by the AEA—i.e., conduct that was “central to the group’s mission as a ‘dragcentric theater group’” and “likely to involve risqué material involving ‘male or female
continued on page 11
By: Joe Jarret, J.D., Ph.D. Attorney, University of Tennessee
Introduction:
Recently, I joined a group of my fellow Veterans on a tour of Nashville to explore the various war memorials that grace the city. One WWI memorial in particular, created by the Hungarian-born sculptor George Julian Zolnay1 and located in Centennial Park, piqued our interest. Named the “Gold Star Memorial,” the sculpture, dedicated to the WWI fallen, depicts a young soldier clutching his rifle as he lies in the lap of a young woman who cradles him as he is dying. Inscribed on the memorial are the words “I gave my best to make a better world 19171918.” I was so impressed with the memorial that I decided to learn more about Zolnay’s works. I was not surprised to learn that he created several military-themed memorials, as well as a bronze statue of Sequoyah, the Native American recognized for inventing the written alphabet for the Cherokee language. What did surprise me, however, was the fact that he was commissioned to create a memorial to honor a man who was murdered in an Arkansas courtroom.
Unlucky in Love:
Nathaniel Parker Willis, a native of Crawfordsville, Indiana, was in Chicago in 1901 when he fell in love and married a woman who died only a few weeks into the marriage. Two years later, he met and married Hattie Bell. Reportedly, the marriage was not a happy one, but they did produce a daughter, Mary Frances, who Willis adored. The couple moved from Chicago to Cincinnati and then to Indianapolis. The moves did not seem to help the relationship, and Hattie and Willis divorced. Hattie moved from various places often secreting the daughter away from Willis without telling him where she was. Eventually Hattie took Mary Frances to Little Rock, Arkansas, where she married one W. Y. Ellis.2
A Courtroom Tragedy:
died 10 minutes later in the presence of his mother.3
Zolnay is Commissioned:
The family of Willis, having visited the 1904 Louisiana Purchase Exposition in St. Louis, Missouri where some of Zolnay’s sculptures were on display, were so enamored of Zolnay’s lifelike craftsmanship that they commissioned him to create a bronze sculpture to accompany the marble base of Willis’ memorial. The sculpture, which is riveted to the marble façade of the memorial, bears the image of the man who sleeps beneath it, together with that of his little girl, Mary Frances Laura Willis, who survived him. According to historians, Zolnay was asked to create the image of a father’s love for his daughter. Beneath Zolnay’s contribution are inscribed these intriguing words:
“Nathaniel Parker Willis, August 21, 1868 – July 27, 1909 – Tried & true ‘Greater love hath no man than this that he lay down his life a friend (child).’ John 15:13. Murdered in a court of justice in Little Rock, Arkansas where he had gone by permission of the court to see his own daughter, Mary Frances Laura Willis, whom he loved and from whom he had been separated by the fallacies of the court. ‘There is one Lawgiver who is able to save and to destroy. Who art thou that judges another?‘
James 4:12. To reconstruct timid justice and place the fact above the falsehood is the work of time.”
Willis stayed devoted to his daughter and worked tirelessly to secure visitation rights. But on July 27, 1909, in Little Rock, Arkansas, when he was petitioning the court to allow Mary Frances to stay with him for a two-week period, he lost his life. Suddenly, without warning or provocation, W. Y. Ellis stood up and shot Willis to death in the courtroom. At the time of the shooting, Willis was represented by Vanderbilt-educated lawyer Jeffrey Davis, who narrowly escaped with his life. Police concluded that Ellis, who objected to Willis’ attempts to see his daughter, had planned the shooting carefully and fired while the courtroom was crowded. Willis tried to escape by running through a door, but a bullet from Ellis’ revolver struck him near the heart and he
A portion of Willis’ obituary reads, “Nathaniel Parker Willis, oldest son of Abner Denman Willis and Frances Ellen (Comegys) Willis, was born at Crawfordsville, Indiana, on August 21, 1868. From the time he entered upon young manhood until his tragic death in Little Rock, Arkansas, on July 27, 1909, at a time when he was making an effort to see his little daughter, Mary Frances Willis, who had been ruthlessly taken from him, he held positions of peculiar esteem and some prominence in the communities in which he lived.”4 His grave, located in the Crawfordsville, Indiana cemetery, remains to this day.
1 George Julian Zolnay was a sculptor who came to the United States in 1893 to attend the World’s Columbian Exposition, at the behest of the U.S. consul-general to Vienna. He remained in the States, became an American citizen, and created a wealth of iconic sculptures across the Country.
2 History of Montgomery County, Indiana. Indianapolis: A. W. Bowen, 1913, P. 1242
3 Greencastle Herald 7 Sept 1912 p 1. The Greencastle Herald was a newspaper published in Greencastle, Indiana that was published daily, except on Sundays, from 1906 to 1931. Source: Library of Congress
4 Id.
impersonators’” that would potentially viewed by someone under 18.30 Moreover, he found that this conduct was “arguably protected by the First Amendment” because FOG’s sketches “frequently satirize[d] popular figures,” expressive conduct implicating constitutional interests.31
Conclusion
FOG has indicated that it will seek en banc review,32 and even if the Sixth Circuit does not take the case up, there is always the Supreme Court. And given the number of anti-drag bills across the country, perhaps there is a chance that we will find out whether the AEA does— or does not—comport with the First Amendment.
1 Friends of George’s, Inc. v. Mulroy, 108 F.4th 431, 441 (6th Cir. 2024) (Mathis, J., dissenting).
2 Id. at 443.
3 Hannah Lowe, Developing Law: TRO Granted Blocking Enforcement of Tennessee Law Criminalizing Public Drag Performances, DICTA, May 2023, at 15.
4 Melissa B. Carrasco, All the World’s a Stage, DICTA, Dec. 2023, at 11.
5 Kiana Shelton, The Joy of Drag, PsyChIATrIC TImes (June 29, 2022), https://www. psychiatrictimes.com/view/the-joy-of-drag
6 Catherine Pusateri, What Is Drag?, A mAgAz ne (Sept. 29, 2020), https://theamag. com/5208/fashion/what-is-drag/. In fact, the term “drag” is thought to have originated in “the late 1800s when male performers wore heavy skirts that dragged across the stage while portraying exaggerated female roles,” id., although some think the term is simply an acronym for “dressed resembling a girl.” Shelton, supra note 7.
7 Shelton, supra note 7.
8 Id.
9 Understanding Drag: As American as Apple Pie, humAn rIghTs CAmPAIgn, https://www. hrc.org/resources/understanding-drag (last visited Sept. 6, 2024).
10 Shelton, supra note 7.
11 Understanding Drag, supra note 11.
12 Jaclyn Diaz, At least 9 GOP-led state legislatures want to restrict or criminalize drag shows, nPr (Feb. 8, 2023 7:06 AM).
13 Id.
14 Roman Feeser, How drag queens got dragged into politics, CBs news (Apr. 11, 2023 11:56 AM), https://www.cbsnews.com/news/how-drag-queens-got-dragged-intopolitics; see also Friends of George’s, 108 F.4th at 442–43 (Mathis, J., dissenting)
(discussing committee hearing testimony on the AEA seemingly connecting a drag performance at a Pride event to early “sexualization” of children that would allegedly “encourage[e] them to ‘simulate and participate in high-risk sexual behaviors’”).
15 Feeser, supra note 16.
16 Solcyre Burga, Tennessee Passed the Nation’s First Law Limiting Drag Shows. Here’s the Status of Anti-Drag Bills Across the U.S., TIme (Apr. 3, 2023 12:03 PM), https://time.com/6260421/tennessee-limiting-drag-shows-status-of-anti-dragbills-u-s/
17 Diaz, supra note 14.
18 Friends of George’s, 108 F.4th at 444 (Mathis, J., dissenting) (discussing the concept of Article III standing).
19 Id. at 435 (cleaned up). This test also required FOG to show that its intent to engage in statutorily proscribed, constitutionally protected conduct “generate[d] a ‘certainly impending’ threat of prosecution,” id., but I have chosen to focus on the other aspects of the court’s standing analysis, which form the bulk of its opinion.
20 Id.
21 Id. (cleaned up).
22 Id. at 436.
23 Id. at 437.
24 Id. at 438 (internal quotation marks omitted). The majority also concluded, for a variety of reasons, that there was no imminent threat of the AEA’s enforcement, see id. at 439–40, but for the sake of brevity, I have chosen not to discuss this portion of the opinion.
25 Judge Mathis also reached the merits and viewed the AEA as an impermissible content-based restriction on expressive conduct, see id. at 453–58, that could not satisfy strict scrutiny, see, e.g., id. at 456 (noting that “neither the text of the AEA nor the legislative record makes a connection between the conduct the AEA seeks to regulate and the risk of sexual exploitation”). Again, in the interest of brevity, I do not address the details of that portion of his opinion here, but in my view, it is worth a read.
26 Tenn. Code Ann. § 1-3-105(16).
27 866 S.W.2d 520 (Tenn. 1993).
28 Friends of George’s, 108 F.4th at 448 (Mathis, J., dissenting).
29 Id. at 449.
30 Id. at 447 (citing Tenn. Code Ann. § 7-51-1401(3)).
31 Id. at 446. Judge Mathis also disagreed with the majority’s analysis on whether FOG established a threat of prosecution under the AEA. See id. at 450–53.
32 Marianna Bacallao, Tennessee’s drag ban is back after appeals court ruling, wPLn news (July 18, 2024), https://wpln.org/post/tennessees-drag-ban-is-back-afterappeals-court-ruling/.
By: Natalie Miramontes-Tankersley Kramer Rayson, LLP
Right before COVID hit, I decided to go visit my then-boyfriend’s family in Mexico. Only 21 at the time, I was pretty nervous. Not only would I be going alone because Alan (the boyfriend) could not go with me, I would be staying with people I did not know. At the time, my Spanish was also very rusty, so I also was not sure how I would communicate with anyone.
Regardless of the myriad reasons why I should not go on this trip, there was one big reason I needed to go: Doña Lidia. Doña Lidia (or Mama Lidia) is the matriarch of the family. She helped raise the grandchildren in the family, including Alan. At the young age of 92, we did not know how long she would live. With Alan’s status in limbo as a DACA recipient, he could not go visit her for one more time. Instead, he sent me. This 8-day trip turned into a memorable week with Doña Lidia and my new aunt, uncle, and cousins. Before leaving, Doña Lidia blessed me and sent her love to the U.S.
1970s and 80s in the western U.S.
This movement turned the holiday into a remembrance of heritage and culture. Families bake pan de muerte (bread of the dead), a roll-like bread with crossbones on the top and flavored with orange and cinnamon. Kids eat candy skulls, and many people wear traditional dresses and suits associated with Mexican culture. One of the most popular symbols is La Catrina, a skeleton woman wearing European and Mexican fused clothing.1At its heart, though, the same theme has stayed: our loved ones are returning to visit this place.
I returned to the U.S. dreaming of my next Mexico visit. Lucky for me, Alan proposed to me within a month of my return (with the ring his aunt snuck into my bag without telling me). We started planning a wedding and, most importantly, a visit to Doña Lidia once I could petition for Alan to be a permanent resident.
Then, COVID hit. We cancelled all fancy wedding plans and had a small ceremony with seven people, all wearing masks. We filed our petition in late July and waited to hear back. At the same time, Doña Lidia’s health deteriorated. She passed away in November that year. Within two months of her death, my husband became a permanent resident.
Only a few months later, my own grandmother went into the hospital and never came out. Her passing was sudden and quick. I was very close to my grandmother. As a master gardener, bug expert, and butterfly connoisseur, she taught me to love the natural world. Losing her was very difficult. Both our families lost the matriarchs in our families and were balancing grief in an isolated world.
As part of my grieving process, I started researching Día de Los Muertos practices and history. This holiday originates from the Mexica people, commonly known as the Aztecs. On this day, it is believed that the dead can visit the living one more time. Every year, around the time of All Saints or Souls Day, Latinx families visit the graves of their loved ones and leave some of their favorite items on the graves. The day is full of colorful festivals and dances, delicious food, and beautiful decorations like marigolds and candles.
Although now celebrated around Halloween, Pre-Columbian Mexica communities celebrated the holiday during late August. When the Spaniards arrived, they forced the Mexica to convert and give up many religious holidays. But out of many holidays, the Mexica refused to stop celebrating Día de Los Muertos. Eventually, the holiday combined with All Saints Day in the Catholic tradition morphing into a Mexica and European inspired tradition. It has continued to morph in the U.S. becoming a powerful symbol during the Chicano movements in the
After Doña Lidia passed, we immediately created a simple home altar for her, placing her photo and “imagines”2 of La Virgen de Guadelupe on a butler’s table. As part of the altar, we also put a battery candle next to her photo. This candle stayed on always, leaving a small amount of light to follow when all the lights were turned off. I remember asking Alan’s family why the candle was always left on. My mother-in-law told me it was a symbol of remembrance but also a guide if Doña Lidia ever visited. For months after my own grandmother’s death, I would get up to look at the light and wonder if she could follow it, too.
In late August of that year, I got my answer. I just happened to see a monarch butterfly fly by our house. In case you did not know, monarchs should not be in East Tennessee in late August. They should be in Mexico near their breeding grounds. Having learned this from my own grandmother who passed, I found the butterfly’s presence perplexing. But I remembered how the Mexica originally celebrated Día de Los Muertos in August, right at the same time this butterfly decided to visit our house. With their migration patterns coinciding with the time of Día de Los Muertos, monarch butterflies have long been a symbol of the dead in Mexico. As the butterflies return, so too do our ancestors to visit this land. In my mind, this was a visit from my grandmother who passed, using Doña Lidia’s light as a guide. And for a moment, my grief subsided.
The COVID world made grief more complicated. Many of us lost people and could not visit them in their last moments. Día de Los Muertos’s perpetual existence, even during the Spaniards’ attempt to eliminate all Mexica culture and assimilation pressure in the U.S., seems to show how grief has always been complicated and necessitating an answer to its pain. Día de Los Muertos presents a good answer: to prevent loneliness, we can say goodbye to our ancestors one more time. It’s a holiday about the power of family, whether through blood, marriage, or found on one’s own, teaching us our grief can be shared together. In my own case, I used this butterfly passing by my house to properly say goodbye to my grandmother. Then, I took a moment to share it with my family.
1 Día de los Muertos history. Center for Latin American and Caribbean Studies. (n.d.). https://clacs.ku.edu/dia-de-los-muertos-history
2 Spanish for “images,” imagines typically are small figurines or pictures, usually of saints.
By: Melissa B. Carrasco Carrasco Trump, PLLC
It was August 19, 1920. Mr. Clements, and five other Tennessee gentlemen filed a lawsuit against Tennessee Governor A.H. Roberts, the Secretary of State, and the Speakers of the House and Senate in what was then known as the Second Chancery Court for Davidson County.1 The relief they were requesting was simple but profound.
They wanted an injunction to prohibit these State officials from certifying to Congress that Tennessee had ratified the Nineteenth Amendment to the U.S. Constitution – otherwise known as the Suffrage Amendment.2 They also asked the Court to declare the General Assembly’s action to be unconstitutional, void, and in violation of Article 2, Section 32 of the Tennessee Constitution.3
To be fair, they did have an argument. At the time, Article 2, Section 32 stated: “No Convention or General Assembly of this State shall act upon any amendment of the Constitution of the United States proposed by Congress to the several States; unless such Convention or General Assembly shall have been elected after such amendment is submitted.”4 The current General Assembly had been elected in 1918, before Congress submitted the Nineteenth Amendment to the States.5 It seems a ratification vote would have to wait.
But, Governor Roberts’ career began as an Overton County lawyer, and he served as the Chancellor of the Fourth Judicial Division for several years.6 Although he had been in office a little more than 18 months, he and the Attorney General determined that the language of Article 2, Section 32 of the Tennessee Constitution conflicted with the language of Article V of the U.S. Constitution, and thus the Tennessee Constitution did not preclude him from calling the Tennessee General Assembly into special session for the express purpose of acting upon the proposed Nineteenth Amendment.7
The Tennessee Senate quickly voted in favor of ratification, but after 9 days of debate, the House appeared to be gridlocked. Finally, on August 18, 1920, a vote was taken, and the resolution in favor of ratification passed by the smallest margin.8 Word on the street was that someone was going to make a motion to reconsider, but Mr. Clements and his group could not take the chance that the vote would fail. So, they filed suit on August 19th.
Later that day, the Chancery Court of Davidson County entered an injunction prohibiting any State official from certifying to Congress that Tennessee had ratified the Nineteenth Amendment.9 Four days later, on August 23rd, Mr. Clements’ group filed an Amended Complaint, adding the Clerks of the Senate and the House as defendants, and sought an injunction prohibiting either of them certifying the resolution in favor of ratification – just in case the Governor or any of the other state officials who were enjoined from doing so themselves got any ideas.10 The Court expanded its injunction to include the two Clerks.11
Once again, the Overton County lawyer went to work. Governor Roberts and the Attorney General filed a petition for writ of certiorari and supersedeas to Chief Justice D. L. Lansden12 seeking immediate review of the injunction, which the Governor asserted exceeded the scope of the Chancery Court’s jurisdiction.13
Chief Justice Lansden issued a fiat granting the petition and issuing writs of certiorari and supersedeas. The Attorney General opined that the writs effectively set aside the injunction, thereby freeing the Secretary of State to certify that Tennessee had ratified the Nineteenth Amendment.14 Within twenty-five minutes, the ratification certificate was signed and on
a train to Washington D.C. where the U.S. Secretary of State was waiting to proclaim the ratification of the Nineteenth Amendment once he received a certificate of ratification from the thirty-sixth state – the State of Tennessee.15
Their actions were not without a price. Governor Roberts lost his bid for re-election a few months later, in part due to his reversal on the Nineteenth Amendment—he previously expressed opposition to the suffrage movement in his campaign, and in fact the decision to call the General Assembly into special session was a difficult one.16 He returned to his law practice in Overton County in January 1921.17 Justice Lansden retired in 1923 due to his health. Many believed his poor health was caused by the stress of serving on the bench.18 He died a year later at only 55 years of age.19
In In re Bowers, Justice Lansden wrote, “[T]he ideals of the legal profession must be kept to the highest mark, and . . . its members must have a proper conception of the ethics of the profession and must be required to live up to these standards. . . . There is something more than mere sentiment in professional ethics, as there is something more than a proper administration of the law. One who fails to live up to the ethics of his profession is likely to break down morally when great pressure is placed upon him.”20
When Governor Roberts took office and Justice Lansden took the bench, both took the same oath to support the Constitution of the United States and that of the State of Tennessee. The Oath was required by the Tennessee Constitution, and in the face of great pressure, both lived up to it.
1 Clements v. Roberts¸ 230 S.W. 30 (Tenn. 1920). The history of the Davidson County Chancery Court is fascinating, but outside the scope of this article. However, if you want to whet your appetite, check out this article compiled by the Nashville Bar Foundation, William T. Ramsey, Editor. https://trialcourts.nashville.gov/generalinformation/history/chancery-court-history/.
2 Clements, 230 S.W. at 31.
3 Id.
4 Tenn. Const. Art. II § 32 (1870)
5 Clements, 230 S.W. at 31
6 National Governors Association, Tennessee Gov. Albert Houston Roberts, https:// www.nga.org/governor/albert-houston-roberts/.
7 Clements, 230 S.W. at 32.
8 Id.
9 Id.
10 Id.
11 Id.
12 If you recall last month’s article, Justice Lansden penned the opinion in the F.E. Bowers case denying Mr. Bowers the opportunity to take the attorney’s oath due to his failure to appreciate the role and responsibilities of an attorney. See In re Bowers, 200 S.W. 821 (Tenn. 1917).
13 Id.
14 David Dismore, August 24, 1920, Turning Point Suffragist Memorial, https:// suffragistmemorial.org/august-24-1920/#:~:text=Last%20night%20they%20 petitioned%20Chief,ago%20in%20the%20lower%20court, last visited Sept. 7, 2024.
15 Id.
16 Anastasia Sims, Woman Suffrage Movement, Tennessee Encyclopedia, https:// tennesseeencyclopedia.net/entries/woman-suffrage-movement, last visited Sept. 7, 2024.
17 National Governors Association, supra n.6.
18 Tennessee Supreme Court Historical Society, https://www.tschsociety.org/justices. html, last visited Sept. 7, 2024; Judge D.L. Lansden Passed Away Sat., available at https://images.findagrave.com/photos/2016/161/24061063_1465605154.jpg.
19 Id.
20 In re Bowers, 200 S.W. at 821.
By: Bridget J. Pyman Arnett | Baker
October’s Hello My Name Is column features attorney Jordan Meddings. Jordan is an associate attorney with Fisher Russell PLLC. There, his practice areas include insurance defense, business and property litigation, as well as performing transactional work with estates and contracts. Jordan completed his undergraduate studies at the University of Louisville, received his bachelor’s degree in political science, then obtained his J.D. from Lincoln Memorial University’s Duncan School of Law in 2023.
Jordan offers valuable perspectives on managing stress in high-stakes situations, emphasizing that it can be effectively mitigated by diligent work, celebrating successes, and prioritizing quality time with family and friends. Through his responses, Jordan underscores the importance of balance in maintaining both well-being and effectiveness in a demanding role.
Did you have any significant or interesting work experiences before you became a lawyer that have impacted your career?
I took a gap year between undergrad and law school and worked as a paralegal at a civil defense firm in Louisville, Kentucky. I learned quite a bit from that job, especially about civil procedure. Most importantly, it allowed me to gain the perspective of law firm support staff and instilled in me a deep sense of gratitude for those who help us every day.
What is your favorite way to stay active?
I enjoy going outside and playing sports. As of late, golf, pickleball, and disc golf are my favorites. I also like taking walks around downtown with my girlfriend, Geran, and our dog, Graham.
What do you find most stressful about your job, and how do you respond to this stress?
The most stressful part of being an attorney is the fact that most every case or matter is the most important thing going on in your client’s life at the time. Because of this, I constantly find myself thinking about my cases outside of work and worrying over what needs to be done next. I am still trying to learn how to effectively deal with this stress, but it has already improved a lot since I first became licensed around a year ago. What I have found to help the most is to put in a solid day’s work every day, such that there is less to worry about, celebrate the wins as they come, and be intentional and present during my personal time with friends and family.
What is your favorite thing to do with your family?
Play board games. I have an amazing, loving family, but when it comes to board games, it’s cutthroat! This stems from my mom, Kim. She’s the most morally upright person I know, but she will stop at
nothing to win a board game. Good cards end up in her hand out of nowhere, timers are concealed when her team is on the clock, and words are “inadvertently” uttered during Pictionary or charades.
Some of my best memories and laughterfilled moments have come from playing games with my family.
As my niece and nephew grow up, I hope they soon join in and make some memories of their own.
What’s your favorite restaurant in Knoxville?
It’s hard to pick just one, so like a feisty witness, I’m going to fight this question a bit. My favorite sit-down restaurant is A Dopo. My favorite casual spot is the Abridged Burger food truck outside of Xul.
By: Dan W. Holbrook Egerton McAfee Armistead & Davis, PC
What does the world believe about work? Here are three quotes to consider:
Drew Carey: “Oh, you hate your job? Why didn’t you say so? There’s a support group for that. It’s called EVERYBODY, and they meet at the bar.”
Robert Mondavi: “Find a job you love, and you’ll never have to work a day in your life.”
Dorothy Sayers: “Work is not, primarily, a thing one does to live, but the thing one lives to do.”
One of my favorite authors is Harvard professor and social scientist Arthur Brooks, whose many columns, books, and videos explore the nature of happiness. He says happiness is one part genes, one part circumstances, and one part habits. Although we have scant control over the first two parts, we have enormous control over habits. Specifically, Dr. Brooks lists the four key areas in which our choices and beliefs make or break our sense of life satisfaction: faith, family, community, and work.
Work? Well, yes. While most of us intuitively appreciate how we are shaped by spiritual values, our family tree, and the broader community whom we nurture and who nurtures us, the role of work may deserve more attention.1 Americans who feel successful at work2 are twice as likely to say they are “very happy” overall. Why, then, do studies consistently list lawyers among the professions with lowest life satisfaction? More on that later.
I didn’t expect to be a lawyer. My first career was as a business consultant with a prestigious firm, a job obtained in large part by college connections. I discovered I was good at it because the gifts I had were aligned with the job, and I enjoyed the routine: meeting with clients, defining problems, researching, reviewing potential solutions, preparing proposals, educating clients, and then implementing a plan. Within a couple of years, however, I was dissatisfied serving only corporations. I had no direct connection to the people whose lives were actually affected. How could I use my newly realized gifts for individuals? Slowly the answer emerged: estate planning lawyer. So, hello law school, an extra year for a master’s degree in estate planning, and a new career with Knoxville law firm Egerton McAfee.
Forty-six years later, I can say that I have felt privileged to be a lawyer, I have a high sense of life satisfaction, and I know why.
1. Estate planning is my calling. “Calling” may imply accountability and faithfulness to something outside ourselves, but Dorothy Sayers3 argues that it is also inherent in our human nature. She believes all legitimate work should be seen as a vocation or calling, such that (a) everyone is called to use their skills or talents to serve others, which in turns fulfills their own potential, and (b) work should be done well, for its own sake, with integrity and craftsmanship, respecting both the work itself and the end user of the product or service, which in turn blesses us. By specializing in helping clients plan for life transitions, I have been privileged to join many others in their life journeys. I have held hands of the grieving, walked with folks through their difficult times, and helped bring peace of mind to folks confused and burdened by the legal system in setting their affairs in order. In other words, I became a counselor-at-law in the fullest sense, a role I have relished.
2. I had great mentors. My lawyer mentors were several of my senior law partners, but especially Bill Davis, Sr., a lion of the Knoxville Bar, whose values and practices became patterns to emulate. Another mentor was
Bob Ferguson, then the senior minister at First Presbyterian Church, whose emphasis on being a “good and faithful servant” instilled a priceless perspective.
3. I have often had opportunities to counsel clients about the hard truths of life. The old adage is true that life’s only certainties are death and taxes, and my clients and I address both head-on. Reality bites, but meaning and purpose may come to us from facing truth squarely and finding redemptive purpose even in things gone awry.
4. Estate planning allows me to control my own schedule as well as any specialty could, reducing stress and helping me avoid giving short shrift to faith, family, and community.
5. Estate planning clients are almost always good people trying to accomplish good things, the kind of clients we appreciate and who appreciate us. To them, we as lawyers primarily provide peace of mind that they are being good stewards, doing the right things for the people and causes they love most.
6. I have created, represented, or served on boards of a host of charities big and small, a singular privilege.
7. I regularly encounter all kinds of novel client situations that interest or challenge me, so work rarely seems routine. For example, one client buried several barrels of gold and silver bullion in his vast yard and brought me a treasure map where several X’s marked the spots. Sometimes I think, “You can’t make this stuff up.”
8. My law office surrounds me with collaborative and collegial colleagues. Who doesn’t love hanging out with bright and perceptive friends?
9. In other words, I have found voluntary human labor to be at the center of most human life, a gift to all of us to help us fulfill our highest and noblest aspirations. We shed the notion of being slaves to money or power in order to become who we were meant to be, creative beings privileged to invest our gifts and talents into the broader community, perhaps for pay, often enough not. Work gives the worker dignity, discipline, and lifetime learning, while providing the world valuable services.
10. My perception of happiness changes with age, increasingly moving on from professional success to the deeper values of wisdom, mentoring, relationships, and service. The library of my brain may have a slower librarian, but there are enough volumes still available to serve those deeper values.
11. Arthur Brooks concludes his recent book Strength to Strength with the thought that the world tells you to love things, use people, and worship yourself. He proposes instead that we use things, love people, and worship God. For me, being a lawyer enables that.
Why do many lawyers struggle with career satisfaction? Perhaps it’s a misalignment between their daily work and true calling, since the law, as they say, is a jealous mistress. Likewise, unmanaged stress changes both the brain and the soul. I am not immune to stress, but I can testify that I love what I do and that has made all the difference.
1 Any number of TED talks and YouTube videos feature Arthur Brooks on the subject of work in addition to other aspects of happiness.
2 Here, success is defined as “earned success,” the thrill and joy of creative effort, measured by whatever currency is appropriate, e.g., clients served, dollars earned, children reared, lives saved, students taught, etc.
3 Dorothy Sayers, friend of C.S. Lewis, was an English author (e.g., the Lord Peter Wimsey novels), playwright, and religious commentator. Her essay “Why Work?” is a classic.
Bankruptcy Court issues that reach the Supreme Court are rarely decided by close votes. Several of the bankruptcy cases heard by the Supreme Court in recent years have been decided as unanimous decisions.1 The case of Harrington v. Purdue Pharma, L.P., (Purdue)2, decided by the Supreme Court on June 27, 2024, is a rare example of a contentious and closely divided Court on a bankruptcy issue. It is interesting how the Justices lined up in this decision involving a decade’s long battle of responsibility for the opioid crisis in America.
The U.S. Department of Health and Human Services estimates that the opioid epidemic has cost the country between $53 billion and $72 billion annually.3 Oxycontin is an opioid prescription pain reliever that was introduced in the 1990’s and marketed by Purdue as a less addictive alternative to other pain medicines. This representation was false. Purdue is owned and controlled by the Sackler family. In 2007, when one of Purdue’s affiliate corporations pleaded guilty to a federal felony of misbranding Oxycontin as a “less addictive, less abusable alternative to other pain medications,” the Sackler family began withdrawing huge sums from Purdue. Between 2008 and 2016, the Sackler family withdrew approximately $11 billion4 from Purdue’s total assets, leaving Purdue in a weakened financial condition. In 2019, Purdue filed for Chapter 11 bankruptcy protection in the Southern District of New York.5
When the Sacklers pushed Purdue into Chapter 11, they were one of the top 20 wealthiest families in America with an estimated net worth of $14 billion.6 The Purdue Chapter 11 Plan proposed that the Sacklers return $4.325 billion of the $11 billion they had withdrawn to fund the Chapter 11 Plan.7 By the time the Chapter 11 bankruptcy was filed, there was significant state and federal court litigation pending against Purdue. The Sacklers feared they too would be brought into litigation due to their active roles in marketing Oxycontin and for milking the assets of the company.8
both a release and an injunction as to existing and future claims, essentially requesting a discharge in the same manner as Purdue would receive in a confirmed Chapter 11 Plan.11
Purdue submitted the Chapter 11 Plan for confirmation, including the release and injunction of existing and future claims against the Sackler family, Purdue’s officers and directors, and hundreds of Sackler family members and entities under their control.12 Creditors, the majority opioid victims, were provided ballots for acceptance or rejection of the Plan. Most returned ballots supported the Plan, but fewer than 20% of eligible creditors participated in the process.13 However, many creditors, including some opioid victims, voted against and objected to the Plan.14 The U.S. Trustee, a division of the Justice Department responsible for promoting the integrity of the bankruptcy system for all participants, joined in these objections, as did eight states, the District of Columbia, the City of Seattle, Washington, and various Canadian municipalities.15 All argued against the Plan, claiming that each claimant has the right to pursue their own claims against the Sackler family.16
In exchange for transferring $4.325 billion to the Purdue bankruptcy estate, they wanted to extinguish any claims the bankruptcy estate might have against them, including for fraudulently transferring funds from Purdue in the years preceding its bankruptcy.9 The Sacklers also wanted to end the significant number of lawsuits filed against them.10 Even though they were not personally in bankruptcy, the Sacklers sought
The Bankruptcy Court rejected those arguments and confirmed the Plan that included the third-party release and injunction.17 On appeal, the U.S. District Court vacated the bankruptcy decision, finding that there was nothing in the Bankruptcy Code that authorized a bankruptcy court to extinguish claims against the Sacklers without the consent of the opioid victims who brought those claims against them.18
Purdue appealed the District Court’s decision to the Second Circuit, but while their appeal was pending, Purdue went back to their opponents and proposed modifications of the Plan in an attempt to obtain consensus.19 The Sackler family offered to contribute an additional $1.15 billion to $1.675 billion to Purdue’s bankruptcy estate if the eight objecting states and the District of Columbia would withdraw their objections to Purdue’s reorganization plan.20 Even though this new “contribution” by the Sackler family was well below the $11 billion they milked from the company between 2008 and 2016, the eight states and the District of Columbia agreed to drop their objections to the Plan.21 However, many of the individual victims, the Canadian creditors, and the U.S. Trustee refused to settle and forced Purdue to press forward with the appeal.22
The case was argued before the Second Circuit Court of Appeals, which reversed the District Court and reinstated the Bankruptcy Court’s Order confirming the Chapter 11 Plan.23 The bottom line was that the Sacklers’ third-party, nonconsensual release and injunction was approved.
The case ended up in the Supreme Court, which heard oral argument on December 4, 2023, and issued its opinion on June 27, 2024, reversing the Second Circuit and denying confirmation of the Chapter 11 Plan, finding that nonconsensual third-party releases of non-debtors and the injunction in this particular case were not permitted by the Bankruptcy Code.24 The opinion presents an interesting and unusual alliance of Justices on either side of the 5-4 decision. The majority opinion was written by Justice Gorsuch, joined by Justices Thomas, Alito, Barrett, and Jackson. Justice Kavanaugh filed a spirited dissent in which Chief Justice Roberts and Justices Sotomayor and Kagan joined.25
The majority opinion states that there is no basis for a discharge in favor of non-debtors in the Bankruptcy Code.26 The majority focuses on 11 U.S.C. § 1123(b), which is a list of elements that a Plan may include.27 Section 1123(b)(6) is essentially a catch-all provision which states a Plan may “include any other appropriate provision not inconsistent with the applicable provisions of this title.”28
On behalf of the majority, Justice Gorsuch stated, “We do not think paragraph 6 affords a bankruptcy court the authority the Plan proponents suppose.”29 To the contrary, “that catch-all paragraph cannot be fairly read “to endow a bankruptcy court with the ‘radically different’ power to discharge the debts of a non-debtor without the consent of affected [non-debtor] claimants.”30 In a strict statutory interpretation, Justice Gorsuch argued “no one (save perhaps the dissent) thinks [that the catch-all] provides a bankruptcy court with a roving commission to resolve all such problems that happen its way[.]”31 The majority opinion notes the Bankruptcy Code reserves a discharge under § 524 of the Bankruptcy Code for a debtor who has either voluntarily or involuntarily entered the bankruptcy system.32 Justice Gorsuch also opined that the Bankruptcy Code requires the debtor to submit all of the debtor’s assets to the Court.33 Lastly, he noted that even a discharge is not unbounded, as § 523 of the Bankruptcy Code lists several types of debts which are non-dischargeable.34 The bottom line was that the Purdue plan included a non-consensual, non-debtor third party release, or in effect, a discharge to the Sackler family, without the Sacklers actually being in bankruptcy, not submitting all of their assets to the jurisdiction of the Court, and not being exposed to the possibility of suit for possible non-dischargeable debts, and therefore, the release and injunction could not stand.
Near the end of the opinion, Judge Gorsuch acknowledges the policy questions on either side of this debate.35 He fully understood that the previously confirmed plan would benefit thousands of opioid victims and other litigants but stated it is a policy decision for Congress to make, not the Court.36
Justice Kavanagh wrote a 54-page dissenting opinion in which he asserts that the majority opinion is “wrong on the law and devastating for more than 100,000 opioid victims and their families.”37 Kavanaugh argues that the same section of the Bankruptcy Code, § 1123(b)(6), gives bankruptcy courts “broad discretion to approve appropriate plan provisions.”38
The end result is Purdue and the Sackler family are forced back to the drawing board to attempt to reach some type of consensual solution. Justice Gorsuch, for the majority, was careful to note that this decision does not prohibit “consensual” third party releases, but the Court did not define a “consensual release.”39 Further, the majority made clear that pre-
By: Gregory C. Logue Woolf, McClane, Bright, Allen & Carpenter
viously confirmed Chapter 11 plans containing language similar to that in Purdue would not be affected by this decision.40
It is clear that thousands of opioid claimants and victims and their lawyers are disappointed by the Purdue decision. Only time will tell if the parties can reach a consensual solution to this problem on their own or whether Congress will intervene.
1 Siegle v. Fitzgerald, 142 S. Ct. 1770 (2022); Tyler v. Hennepin County, 598 U.S. 631 (2023).
2 Harrington v. Purdue Pharma, LP, 603 U.S., 144 S. Ct. 2071 (2024).
3 Id., at 2078 (citing In re Purdue Pharma L. P., 635 B. R. 26, 44 (SDNY 2021)).
4 Id., at 2078-2079 (citing In re Purdue Pharma L. P., 69 F. 4th 45, 59 (CA2 2023)).
5 Id., at 2079.
6 Id., at 2078 (citing In re Purdue Pharma L. P., 635 B. R. at 40).
7 Id., at 2079 (citing In re Purdue Pharma L. P., 69 F. 4th at 61).
8 Id., at 2078 (citing In re Purdue Pharma L. P., 69 F. 4th at 60 and 635 B. R. at 57 & 59).
9 Id., at 2079 (citing In re Purdue Pharma L. P., 633 B. R. 53, 83-84 (Bkrtcy. Ct. SDNY 2021)).
10 Id., at 2079.
11 Ibid.
12 Ibid.
13 Ibid.
14 Id., at 2079 (citing In re Purdue Pharma L. P., 635 B. R. at 35).
15 Id., at 2080.
16 Id., at 2079-2080.
17 Id., at 2080 (citing In re Purdue Pharma L. P., 633 B. R. at 95-115).
18 Id., at 2080 (citing In re Purdue Pharma L. P., 635 B. R. at 115).
19 Id., at 2080 (citing In re Purdue Pharma L. P., 69 F. 4th at 67)
20 Ibid
21 Id., at 2080.
22 Ibid.
23 Id., at 2080.
24 Id., at 2088.
25 Ibid.
26 Ibid.
27 (b) Subject to subsection (a) of this section, a plan may(1) impair or leave unimpaired any class of claims, secured or unsecured, or of interests;
(2) subject to section 365 of this title, provide for the assumption, rejection, or assignment of any executory contract or unexpired lease of the debtor not previously rejected under such section;
(3) provide for-
(A) the settlement or adjustment of any claim or interest belonging to the debtor or to the estate; or
(B) the retention and enforcement by the debtor, by the trustee, or by a representative of the estate appointed for such purpose, of any such claim or interest;
(4) provide for the sale of all or substantially all of the property of the estate, and the distribution of the proceeds of such sale among holders of claims or interests;
(5) modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor’s principal residence, or of holders of unsecured claims, or leave unaffected the rights of holders of any class of claims; and
(6) include any other appropriate provision not inconsistent with the applicable provisions of this title.
144 S. Ct. at 2081-2082.
28 Id., at 2082.
29 Id., at 2083.
30 Ibid.
31 Id. at 2084.
32 Id., at 2085.
33 Ibid.
34 Ibid.
35 Id., at 2086-2087.
36 Id., at 2087.
37 Id., at 2088.
38 Ibid.
39 Id., at 2087-2088.
40 Id., at 2088.
21ST CENTURY LAWYER
By: Mariel Bough Privacy Advisor, VeraSafe
Despite industry standards, local rules, and practice norms, regional limitations on the practice of law have undoubtedly become less restrictive over time. Of course, this perspective depends wholly on whether a lawyer’s practice consists of consulting and transactional work or representing clients before courts and tribunals. If the latter, the rules and norms related to regional limitations on inter-jurisdictional practice are still pretty clear and conventional.
On the other hand, think about the role of an in-house attorney for a large organization with a presence in all 50 States. What about the partner in a large law firm who needs to advise multi-national organizations on commercial requirements? Do we expect these practitioners to hold active licenses in each jurisdiction that may be relevant to their consultations?
With increasing numbers of massive business conglomerates operating globally, the norm for providing legal services in this context has shifted to a “competence approach.” Based on the Model Rules of Professional Conduct Rule 1.1: Competence, it has become acceptable for a lawyer to advise clients on the requirements of regulations that may be outside of the jurisdiction in which he or she is licensed as long as the lawyer is providing sound, competent advice and legal services. Competency in international law has only recently become more attainable because access to information and legal resources via the internet is now widely and readily available.
I am so glad that I exist at this stage in history to be able to participate in such an innovative type of practice. VeraSafe is an international data privacy and security consulting firm with headquarters in Washington D.C. and team members located across the U.S., Europe, South Africa, and the APAC region. Because of the diverse backgrounds in education and practice experience across all of our team members, we possess a collective competence in this very narrow practice area to serve clients who operate internationally at an incredibly high-quality level. Many of our team members even hold industry certifications that lend to strengthening their competency in consulting on laws outside of the main jurisdiction in which they practice such as, for example, our U.S. team members who hold a CIPP/E (for European privacy) certification or our European team members who hold a CIPP/US (for U.S. privacy) certification.
This type of team also provides many opportunities for the growth of an individual lawyer whose areas of competency might differ from those of other team members on the requirements of a particular jurisdiction. Each team member can offer the group knowledge on a different set of jurisdictions and bring the whole up to speed on any requirements that might otherwise not be addressed.
The day-to-day reality of working in a firm like this is also very interesting. On any given day, I personally work closely on projects with team members based in Port Elizabeth and Cape Town, South Africa, the Czech Republic, and a smattering of locations across the U.S. such as Atlanta, Chicago, and Washington D.C. Simultaneous collaboration across our team is made possible by remote work and project management tools such as Slack, Outlook, Google Workspace, and Teamwork. However, one of the biggest challenges we continually face as a group is working across global time zones.
Our company leadership is very cognizant of the need for worklife balance to sustain happy and productive employees, and this quality is central to the culture of the organization. That being said, there are
situations when I need to collaborate in real time with team members on the other side of the world, e.g., South Korea, in order to progress certain projects. Due to the difference in our local times, this collaboration requires me (sitting in the Eastern Time Zone) to log on to our work systems very early in the morning and also requires the team member in South Korea to stay on later than they generally would. Collaborating across this much of a time difference is not a very common occurrence, which is how work-life balance is still regularly achieved, and a nerdy little part of me inside marvels that we have the technology in place to be able to do this at all, so I hardly mind the inconvenience of shifting my regular work schedule.
If you told me when I entered law school that I would have the opportunity to work for an international firm staffed with an extremely diverse team serving clients all over the world, I would not have been able to imagine that reality in my wildest dreams. There are so many practical obstacles to working remotely that now have effective solutions and were established in such a short amount of time (thank you, COVID), it’s truly astonishing if you take the time to reflect on how far we have come. With this being the reality now, I can’t wait to see how practicing internationally across global jurisdictions develops to be even more seamless in the future.
EVIDENCE UPDATE: RECENT DECISIONS, RULE CHANGES, AI ISSUES, AND MORE
PRESENTER: PENNY J. WHITE
WHEN: NOVEMBER 15, 12-1 PM
WHERE: UT CONFERENCE CENTER
SPONSORED BY:
By: Alex B. Long
Williford Gragg Distinguished Professor of Law
University of Tennessee College of Law
On July 29, the ABA issued its formal ethics opinion regarding the ethical obligations involved in a lawyer’s use of generative artificial intelligence (GAI). At least four other jurisdictions (California, Florida, New Jersey, and Pennsylvania) have already issued guidance on the subject.1 These opinions effectively summarize the main ethical issues involved and, by and large, end up at the same place. (See the March 2024 issue of DICTA for a summary of some of these opinions.) But the new ABA opinion offers at least a few new pieces of advice for lawyers who employ GAI in their practices.
As ABA Opinion 512 notes, the term “artificial intelligence” refers to “systems that appear to employ or replicate intellectual processes characteristic of humans, such as the ability to reason, discover meaning, generalize, or learn from past experience.” Traditional (or “weak”) AI can learn from data and make decisions or predictions based on that data. But it doesn’t create anything new. In contrast, the ABA opinion notes that GAI teaches itself as it trains on new data and can create new content, “including text, images, audio, video, and software code in response to a user’s prompts and questions.”
The opinion identifies seven ethical issues raised by the use of GAI.2 In the interest of space, this article summarizes the opinion’s guidance on what arguably are the most important of those issues.
(1) Competence: A lawyer’s duty of competence does not require a lawyer to become an expert on GAI. But, as comment 8 to TRPC Rule 1.1 provides, it does require that a lawyer understand “the benefits and risks associated with relevant technology.” As numerous lawyers over the past year have discovered, one of the primary risks associated with the use of GAI is its tendency to sometimes “hallucinate” and generate faulty information, such as the creation of non-existent judicial decisions. Given this tendency, the opinion observes that “a lawyer’s reliance on, or submission of, a GAI tool’s output—without an appropriate degree of independent verification or review of its output— could violate the duty to provide competent representation as required by Model Rule 1.1.” The most noteworthy contribution of the opinion is its guidance on what may qualify as the appropriate degree of independent verification or review of GAI output. What qualifies depends on the situation, but the opinion provides the following example:
[I]f a lawyer relies on a GAI tool to review and summarize numerous, lengthy contracts, the lawyer would not necessarily have to manually review the entire set of documents to verify the results if the lawyer had previously tested the accuracy of the tool on a smaller subset of documents by manually reviewing those documents, comparing them to the summaries produced by the tool, and finding the summaries accurate.
The opinion also notes that while the use of AI in practice might not now be required in order to satisfy the duty of competence, “it is conceivable that lawyers will eventually have to use them to competently complete certain tasks for clients.”
(2) Confidentiality : All of the prior state guidance on the use of GAI has focused on the risks posed to the confidentiality of client information. TRPC Rule 1.6(a) generally prohibits the disclosure of information relating to the representation of a client. Rule 1.6(d) requires a lawyer to make reasonable efforts to prevent unauthorized access to client information. Other opinions have noted the concern that entering client information in a publicly-available GAI tool (like ChatGPT) creates the risk that the information can be accessed by others outside of the firm. But ABA Opinion 512 also recognizes the potential that a firm’s own internal AI tool could still “disclose information relating to the representation to persons in the firm (1) who either are prohibited from access to said information because of an ethical wall or (2) who could inadvertently use the information from one client to help another client, not understanding that the lawyer is revealing client confidences.” Thus, the opinion concludes that a lawyer must obtain a client’s informed consent prior to inputting information relating to the representation into even an internal AI tool. This portion of the opinion potentially provides law firms with something new to consider on the topic of confidentiality.
(3) Supervisory Responsibilities: Law firm partners and those with similar managerial authority have an ethical obligation under TRPC Rules 5.1 and 5.3 to make reasonable efforts to ensure that the firm has in place measures providing reasonable assurance that all lawyers and non-lawyer in the firm conform to their own ethical obligations. In terms of GAI, the ABA opinion concludes that these rules require that managerial lawyers establish “clear policies regarding the law firm’s permissible use of GAI.” They also require training “in the ethical and practical use of the GAI tools relevant to their work as well as on risks associated with relevant GAI use.” In light of the sorts of ethical issues identified above, such training is essential. The opinion also notes a lawyer’s obligations to make reasonable efforts to ensure that any agents outside of the lawyer’s firm also appreciate the risks associated with the use of GAI.
The ABA’s opinion is probably the most detailed discussion to date of a lawyer’s ethical obligations with respect to the use of GAI. As lawyers increasingly incorporate GAI into their practices, the opinion is likely to provide valuable guidance.
1 Florida Bar Ethics Opinion 24-1 (Jan. 19, 2023), https://www.floridabar.org/ etopinions/opinion-24-1/. The California Bar issued Practical Guidance for the use of Generative Artificial Intelligence in the Practice of Law in November 2023, https://www.calbar.ca.gov/Portals/0/documents/ethics/Generative-AI-PracticalGuidance.pdf; New Jersey State Bar Association, Task Force on Artificial Intelligence (AI) and the Law: Report, Requests, Recommendations, and Findings (May 2024), https://aboutblaw.com/bejR; Pennsylvania Bar Association Committee on Legal Ethics and Professional Responsibility & Philadelphia Bar Association Professional Guidance Committee, Joint Formal Opinion 2024-200: Ethical Issues Regarding the Use of Artificial Intelligence (June 2024), https://www.pabar.org/Members/catalogs/ Ethics%20Opinions/Formal/Joint%20Formal%20Opinion%202024-200.pdf
2 Specifically, the opinion identifies the following issues: competence, confidentiality, communication, meritorious claims, candor toward the tribunal, supervision of employees and agents, and reasonable fees.
Plan now to attend the Barristers monthly meet-up on Wednesday, October 9, starting at 5:15 pm at The Firefly, the outdoor patio at the Hilton, located at 501 W. Church Avenue, Knoxville. Social time starts at 5:00 pm. All Barristers members are invited to attend, meet fellow attorneys, and learn about upcoming Barristers events.
The Barristers Annual Coat Drive will begin on October 7 and run through October 18. The Barristers are working with Knox Area Rescue Ministries with the goal of collecting coats for those in need in our area. The Barristers Hunger & Poverty Relief Committee is asking for gently used men’s and women’s jackets and coats, including parkas, dusters, raincoats, and trench coats. Please do not donate any non-coat or jacket items or items with holes, stains, or rips, as they will not be accepted. There will be several donation locations downtown and in West Knoxville. If you are willing to volunteer to pick up items from any of the locations and drop them off at the KBA Office during business hours or help sort coats on Monday, October 21 at 5 pm, please contact Committee Co-Chair Dillon Zinser at dillon@knoxvilletnlaw.com.
The Barristers and the KBA are joining together to co-host the annual four-person scramble golf tournament on Monday, October 28, at the Tennessee National Golf Club. Revenue from the tournament goes directly to funding various charitable endeavors of the Barristers,
including the efforts of the Hunger & Poverty Relief Committee. Register online at knoxbar.org/Event_Highlights. The Golf Tournament sells out quickly and payment is required to reserve a spot in the tournament.
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 Volunteer Breakfast Committee needs just one more sponsor for 2024. The cost is $150 for sponsoring, and we need 4-5 volunteers. 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.
By: Bethany Westcott Wilson Kramer Rayson LLP
It’s a tale as old as the internet—a business owner sees a nasty consumer review or biting social media comment, and they immediately call their attorney to see what can be done to rectify the situation. Such clients are often (understandably) incensed, heartbroken, or a bit of both at seeing an enterprise they have poured countless hours and effort into denigrated by reviews that may be false, exaggerated, deeply unfair, or unnecessarily nasty or aggressive in tone. They want the review gone yesterday and might even have already threatened the unkind reviewer with a defamation lawsuit before picking up the phone to call their attorney. However, such clients may now find their ire involuntarily tempered by the FTC.
On August 14, 2024, the Federal Trade Commission (FTC) issued a final Rule on the Use of Consumer Reviews and Testimonials (the Rule). The Rule is primarily meant to strike at the proliferation of fake consumer and customer reviews in the present age of influencers, digital content, and generative artificial intelligence tools. However, the Rule doesn’t stop at preventing fake reviews—it also seeks to stop review suppression and prevent company-controlled review webpages from hiding or removing negative reviews. The consequences for violating these new rules can be huge—to the tune of up to $51,744 per violation.
The new Rule makes it unlawful “for anyone to use an unfounded or groundless legal threat, a physical threat, intimidation, or a public false accusation . . . in an attempt to” prevent a consumer from leaving a review or to force a consumer to remove or edit a review.1 The Rule emphasizes that this is true whether the threat was made “with the knowledge that the accusation was false or . . . with reckless disregard as to its truth or falsity.” So, if a client had threatened a nasty but truthful reviewer with a defamation lawsuit, they could find themselves in hot water with the FTC if they knew (or should have known) that the reviewer was telling the truth. The definition of unfounded and groundless legal threats sweeps broadly to include any claim or legal contention “unwarranted by existing law or based on factual contentions that have no evidentiary support or will likely have no evidentiary support.”2
Additionally, the Rule makes unlawful “for a business to materially misrepresent, expressly or by implication” that it is displaying “most or all” of submitted consumer reviews “when reviews are being suppressed . . . based upon their ratings or their negative sentiment.” In the past, some platforms, such as a company-controlled Facebook page or website, allowed businesses to delete or hide unfavorable comments or reviews. However, such conduct is now unlawful under the new rule.
On the bright side, negative reviews give companies an opportunity to showcase their exceptional customer service capabilities, by responding to vitriol with grace. There are countless examples online of companies who received positive press by professionally handling negative comments. Luckily, the FTC explicitly stated that it “does not
believe that a company engages in intimidation by merely contacting customers to resolve reported issues or simply asking satisfied customers to update their reviews.”3 So, businesses can still reach out and try to mend customer relationships without fear of running afoul of the FTC. However, the FTC cautions against requiring disgruntled consumers to remove truthful negative reviews as a pre-condition to addressing the consumer’s concerns. For instance, offering a full refund only if the consumer removes a biting review would be unlawful. However, if a business offered a refund and then the consumer chose unprompted to remove said review, no Rule violation has occurred.
It is worth noting that the FTC only tackles misrepresentations that appear on the “reviews” section of a business’s website where it appears that all consumers can post their thoughts regardless of whether their sentiments are positive or negative. Accordingly, businesses are still allowed to highlight particularly positive reviews elsewhere on their websites, such as the Home page, but should be careful in claiming that such reviews are “representative” of customer experiences. Businesses are also allowed to sort or organize reviews, for instance, grouping all 5-star reviews together, and all 1-star reviews together.
The FTC also acknowledged that there are legitimate reasons for suppressing some reviews. For instance, businesses are allowed to reasonably suppress reviews that encourage violence or crime, or that contain spam links, foul language, or inappropriate language. Similarly, businesses can suppress reviews recommending dangerous misuse of a product. For instance, a business would be well within its rights to take down a post that suggested using a miter saw to trim hair.
The key for businesses is to have clear criteria and to apply those criteria to all reviews equally without regard to their content or message. So, for instance, if a business removed a comment that stated, “This was the worst !@#$% product I have ever used” due to profanity, then the business would also have to remove any reviews that said, “This is the best !@#$% product I have ever used.”
In light of this new Rule, it might be the perfect time have clients refresh or create their policies for responding to negative reviews, including defining criteria that will be used when determining whether to remove a review. It might also be helpful to encourage clients to think twice before threatening litigation in response to nasty reviews, until the situation can be further assessed.
The Rule will go into effect 60 days after its publication in the Federal Register. The effective date is estimated to be November 6, 2024.
1 16 C.F.R. § 465.7.
2 16 C.F.R. § 465.1(p).
3 Federal Trade Commission, Trade Regulation Rule on the Use of Consumer Reviews and Testimonials, RIN 3084-AB76, at 107.
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 Jimmy Snodgrass at jsnodgrass@kramer-rayson.com.
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By: Carol Anne Long UT Law Director of the Career Center
Please tell me about yourself!
I grew up in Colorado Springs, Colorado, where I met my husband in high school. We moved our family, including our seven children, to Nashville in 2017. An unexpected tragedy struck when my husband passed away in 2018. I had no idea what I was going to do, but I knew that I would need to go to school to secure our future. Within months of his death, I began taking college courses on the Pell Grant at the local community college. Imagine my surprise when I prospered; I had not known my capabilities. I graduated with a 4.0 and won the All-Tennessee Academic Scholar. I was then honored to be the only recipient of the prestigious Jack Kent Cooke Undergraduate Transfer Scholarship, which allowed me to complete my studies at Belmont University. In 2023, I graduated with a 4.0 with a BS in Corporate and Organizational Communication and Legal Studies. From there, we relocated to Knoxville for law school.
So how did you make the decision to go to law school, and why did you pick UT Law?
My strong undergraduate performance granted me access to Jack Kent’s Graduate Scholarship. After I was selected as a Graduate Scholar, I was determined to use my scholarship for the most elite degree available that would likewise permit me a lifetime of effecting positive change in the lives of others. This was an easy decision—law school afforded me a rigorous, intellectually-stimulating academic environment with the benefit of getting to spend my life helping others.
I attended the LSAC convention in NYC in 2022. I spent hours meeting with directors of admission for many schools. I was immediately struck by the warmth and friendliness of UT’s representatives. Beyond this, UT has an incredible reputation in the legal community, and it consistently ranks among some of the nation’s top law schools. Further, staying in Tennessee was a priority for me. Moving out-of-state with children would have been extraordinarily difficult. Considering all the above, it made UT the best choice for me.
Tell me about your law school experience so far: what activities and classes have you participated in and enjoyed?
My law school journey has been one of tremendous victories and tremendous defeats; one of great humbling and great elevation. I have often described it as a refining school for adults. The first year was extraordinarily challenging. So many times, I wanted to quit. But the esteemed faculty would hear none of it and continued to push me. I am so grateful. I have grown in so many incredible ways; my thoughtprocesses and writing skills have matured and now reflect the gold of the refiner’s fire.
I prioritized networking during my first year. I joined the UT Pro-Bono Clinic and had the honor of the mentorship and support of Professor Radice. I volunteered at several legal clinics, including the Veteran’s Clinic and the Expungement Clinics. I spent my first summer as a law clerk at Legal Aid of East Tennessee, working primarily in family law. This began to nurture my interest in public interest work.
And, despite being a non-traditional learner, in every sense of the word, and a solo mother of seven, I challenged myself by participating in the 1L Advocacy Competition and volunteered as a witness in the Moot
Court Competition.
I am now working in a field placement at the Knox County Public Defender’s Community Law Office under Carter Pack and am having the time of my life!
So outside of law school, what do you enjoy doing?
As I mentioned, I am a widowed mother of seven. My children were all under 13 when my husband suddenly passed away. We were highschool sweethearts, and he owned a company. I spent my days as a stayat-home, homeschooling mom. After his death, I had to learn adulthood in a whole new way. I am now both mom and dad—I kiss the boo-boos, braid the hair, pay the bills, and fix things around the house. I apparently felt like I needed to add law student to that list!
As you can imagine, this doesn’t leave much time for hobbies, but I am a writer at heart. I have had several poems published in various anthologies; I won a few writing competitions; and I used to perform Spoken Word poetry in Nashville. I am also a huge hockey fan-- Go Preds!
What type of law do you want to practice, and where would you like to end up?
I always wince at this question. I see my peers and their decisiveness in this area and feel a twinge of envy. I didn’t realize I would be answering the perennial question, “What do you want to be when you grow up?” at my age. I volunteer as much as possible and try to spend time with attorneys in varied areas to help with my discovery process. Having said that, I am increasingly drawn to government work. I am working under Carter Pack at the PD’s office and am excited and inspired to go into work each day. The cases are intriguing, and my brain is enjoying figuring out the puzzles. Perhaps this is a helpful indicator of where I am headed! As far as physical location, I have loved living in Knoxville; however, I am a free-agent and am open to new experiences.
What is your dream job, and why?
My dream job would be one where I am able to encourage and inspire others toward resilience, hope, and grit. I am an advocate at heart and passionate about helping others overcome adversity so that they may thrive. I realize practicing law affords me a unique and valuable role in others’ lives to do just that, but I realize that my path may ultimately take me elsewhere. I have considered a legislative career as well as becoming a public speaker. I also plan on writing my autobiography one day!
Finally, what is your ultimate “why” with respect to being an attorney?
My ultimate “why” for wanting to be an attorney is because I believe it affords me the honor of using my advocacy, heart for people, and intellectual abilities to leave an indelible mark of goodness beyond myself. When I woke up the morning after my husband’s death, I determined that my children would witness endurance, hope, resilience; that tragedy can be turned into triumph. Many would have understood or even expected me to fold after losing my love, but I wanted to show my kids that we never stop showing up. I realized along that journey that I wanted to spread that message beyond my seven littles. I would use this tragedy to inspire others, to leave a strong legacy greater than myself. For those coming along behind me, I hope the tulip seeds I leave along the way brighten their path.
By: Emily Heird, LPC/MHSP Vantage View Coaching
Type A personalities, characterized by their competitiveness, impatience, and a strong need for achievement, are often drawn to the fast-paced, demanding world of law. Their drive, ambition, and analytical skills make them well-suited to the challenges of legal practice. However, the same traits that make them successful can also contribute to burnout, making this a double-edged sword.
Understanding Type A Personality Traits
The concept of Type A personality was first introduced by cardiologists Meyer Friedman and Ray Rosenman in the 1950s. As cardiologists, they found that Type A personalities run higher risks of heart disease and hypertension than Type B personality. They identified a set of characteristics associated with Type A personalities:
• High Ambition: A strong drive to achieve goals and excel in their professional and personal lives.
• Competitiveness: A desire to be the best and outshine peers.
• Impatience: A tendency to become frustrated with delays or inefficiencies.
• Time Urgency: A preoccupation with time management and deadlines.
• High Stress Levels: A propensity to experience stress due to the constant pressure to perform and achieve.
• Reactivity: A tendency to respond quickly and intensely to perceived challenges or obstacles. These traits can lead to impressive career achievements but can also contribute to significant stress and interpersonal difficulties.
Strengths and Weaknesses of Type A Personality Traits Strengths
High Achievement: Type A individuals are often highly productive and achieve exceptional results due to their ambition and drive. Their focus on goals and success can lead to career advancement and recognition.
Strong Work Ethic: The intense commitment to work and responsibilities typically associated with Type A personalities can result in a strong work ethic, reliability, and a high level of competency.
Leadership Abilities: Type A individuals often excel in leadership roles due to their decisiveness, goal-oriented mindset, and ability to inspire and motivate others.
Problem-Solving Skills: The proactive approach of Type A personalities can lead to effective problem-solving. Their drive to overcome obstacles and find solutions can be advantageous in complex legal scenarios.
Weaknesses
Stress and Burnout: The constant pressure to perform and the tendency to take on too much can lead to chronic stress and burnout. Type A personalities may struggle with work-life balance and experience exhaustion.
Impatience and Frustration: The impatience and urgency associated with Type A traits can result in frustration with slower processes or perceived inefficiencies. This can affect relationships with colleagues and clients.
Reactivity and Conflict: High reactivity can lead to conflicts in the workplace. Type A individuals may have difficulty managing their emotions and responding constructively to challenges.
Difficulty Delegating: The desire to control every aspect of work and achieve perfection can result in difficulty delegating tasks, leading to increased stress and inefficiency.
I want to be clear that Type A is not bad; in fact, the most successful companies and employees tend to be Type A dominant in their characteristics. The goal is to maximize the adaptive traits while minimizing the maladaptive traits to sustain high levels of performance over time without burning out.
Set boundaries
Without setting boundaries, you can begin to feel depleted, overworked, and overwhelmed. Lack of boundaries make it difficult to incorporate rest and recovery, which is critical for energy and stress management. Start by taking regular breaks away from your computer screen during the day.
Creating Work-Life Harmony
Restoring balance is about taking a step back and assessing areas you may be neglecting. Common imbalances are neglecting relationships with partners and children. In other instances, it is not spending enough time on hobbies or extracurricular activities. Set up weekly or monthly date nights or outings with the family. Or schedule in and stick to starting your Saturday morning with the sport or activity you enjoy most.
Overcome People Pleasing
Type As want to do their best coupled with high conscientiousness. This benefits them in the short-term, but in the long-term, it can backfire, as constant work can lead to feeling guilt and anxiety when they can’t do their best. The fear of disapproval builds and over time this can weigh them down physically and emotionally, leading to overwork, resentment and burnout. To overcome pleasing people, take a moment to yourself and examine your thoughts. Try to distinguish between whether you are people pleasing out of kindness or because of fear, guilt or a sense of pressure.
Reframe Perfectionism
Perfectionism in Type A personalities can keep them focused too much on failure and drive emotions of chronic doubt (finding mistakes no matter how well they’re doing) and unworthiness. The most powerful way to overcome perfectionism is to replace perfection with excellence. Perfectionism keeps you trapped in the fear that success and self-worth are contingent on flawless performance every single time and that success is contingent on perfection. Reframing to excellence allows for the emotional space to see that excellence is about learning, improving and feeling engaged and motivated with work, not just avoiding mistakes and seeing flaws.
Don’t
Nine out of ten times in our careers and business, loyalty is a virtue, but there are rare times when loyalty can be a fault and push you closer to burning out. There are occasions when loyalty to a company, a team, or a boss can mean you feel trapped and have to put up with a lot of stress. When a relationship is not reciprocal, it can be to our detriment to continue in it, and it might be time to exit and re-establish a relationship on equal, reciprocal terms. Ask yourself: Does it make sense to my goals/ principles/wellness to stay here? Is it reciprocal? Have I set boundaries and they are being broken? If the answer to these questions is yes, then consider breaking loyalty to create a better opportunity.
By establishing practices to minimize the negative aspects of Type A personality, you can sustain high performance and enjoy the fruits of your labor.
By: Sarah M. Booher Tennessee Department of Human Services
I was already crying when I got the news that Jay Yeager had unexpectedly died of a heart attack at the age of 65. I was watching the opening ceremonies and was doing fine until the oldest living French Olympian, seated in his wheelchair and pushed by his oldest son, received the Olympic flame and carried it about 200 meters to the next torchbearer. I lost it. Then I received the notification about Jay’s untimely death. Then Celine Dion started singing. The tears were suddenly coming faster than my Buc-ee’s shirt sleeve could catch them. As someone who really hates crying, even when it’s just me and the dog at home –and as an attorney – I really appreciated the economy of crying once over three events. I think he would have laughed, too.
Before I was a lawyer, Jay was my county law director. In a former life, I was an urban and regional planner (for a tiny, rural area, ironically). Jay was my consistent and positive experience with lawyers, and he was a second career attorney himself. Over the years, he was a police officer, sergeant, and member of the bomb squads and SWAT teams in Georgia before he hung it all up one day and went to the University of Georgia School of Law. The same year he graduated, 2001, he took the job with Anderson County, where he stayed his entire legal career. Just this year, he was honored as the Tennessee County Attorney of the Year.
Of course he was. Jay was the quintessential small-town attorney. Sure, he didn’t have a general practice on Main Street USA next to the local diner where the gossip ran as hot as the freshly-served crinkle fries, but he was made for the job. Jay was personable, hysterical, and he knew when something was a big deal – and when it wasn’t. He didn’t often get worked up. He fielded the calls, he made the recommendations to the legislative body, and he worked too many hours, all while faithfully nursing his wife Linda through her many years of cancer and its associated treatments.
So it’s no surprise that when law school was just a tiny kernel of possibility in my brain, Jay said yes. When I doubted if I could start over again, Jay’s response was a giant pppffftt in my face. Before I believed in myself, Jay rolled his eyes and said I was smarter than he was and he did just fine. It was another Anderson County attorney who logistically and directly led me to law school, but she would never have succeeded if Jay hadn’t first been the cheerleader and the shining example of a great
person who also happened to be a lawyer.
When I ran into his assistant Nichole last December in the parking lot of Duluth Trading Company, we caught up on life and the news that never makes it to social media. As we parted and went our separate ways, she hollered back at me, “We love your DICTA articles! Jay always reads yours first.” I was absolutely tickled. It was better than any promotion or award I could have received, and entirely unexpected. He wasn’t giving me TCA citations over the phone any more or assuring me I was legally right when someone was screaming at me at the front counter, but he still had my back.
I hate that Jay is missing this specific article, and I’m firmly aware that this is a Top 10 article and I haven’t given you the foggiest notion of a list yet, but I can give you this simple tenet: Carry the torch. Be the cheerleader. Sing the praises.1 It doesn’t have to be as gorgeous and dramatic and produced as an Olympics Opening Ceremony. It just has to be you
1 In reality, I would add “Bloom where you are planted” in there, but it really wasn’t working with my Olympics theme.
By: Angelia Morie Nystrom Vice President for Advancement and Chief Legal Counsel
East Tennessee Foundation
It’s the most wonderful time of the year! No, kids are not jinglebelling, and people are not telling you, “Be of good cheer!” No, the most wonderful time of the year involves yelling a cheer. The most wonderful time of the year is the start of the college football season. And it has finally arrived!
There is nothing like crisp air on a fall day, and there is nothing like a football Saturday. Throw in a good tailgate party, and you have something close to perfection. A good tailgate can set the mood for the day, so it is important to get it right from the start. As of late, I am finding my new inspiration for tailgating on social media, and there is no one better than MeMe.
My favorite follow on Instagram is a South Carolina grandmother named Diane Altman Leary, who can be found at @memesrecipessc. MeMe is the perfect Southern grandmother: she has a beautiful smile that lights up her face, has the perfect Southern belle accent, and wears bright colored grandma-chic clothing. She reminds me of my own grandmothers: the one who was an amazing cook, and the one who was always dressed to the nines and ready for a good time.
MeMe is from Anderson, South Carolina and has made a name for herself by sharing her favorite family recipes. Occasionally, she has help from her grandchildren and great-grandchildren, but usually, it is just MeMe sharing some fabulous creation in the kitchen of her river house. Some of her recipes are made-from-scratch creations, while others are quick-fix ideas that use ready-made ingredients. The common thread: all of them are good.
MeMe always brightens my day, and I was very excited when she shared her love of football and tailgating.
Recently, MeMe prepared a tailgate spread that was nothing short of genius: MeMe’s Bird Dog Bar. It looked so good, I had to try it. The Bird Dog is MeMe’s take on a hot dog. Instead of a hot dog weiner, though, MeMe uses chicken fingers. While MeMe fries her chicken fingers, I purchased mine at Calhoun’s, and they were probably better than anything I could have made. MeMe also suggested the top-cut buns, which I discovered are key to getting “the fixins” to stay on your Bird Dog. Again, genius.
While the chicken tenders get top billing, the real star of the Bird Dog bar, though, is “the fixins.” MeMe suggested that the toppings for your Bird Dog are endless (and they are) and can be added to accommodate the tastes of all your tailgate guests. MeMe’s favorite Bird Dogs include the Traditional (cheese, bacon, and honey mustard, with a sprinkle of dried parsley), the Bacon and Chipotle Ranch (bacon, chopped bell peppers, and chipotle ranch), the Italian Bird Dog (pepperoni, marinara, Italian seasoning, and shredded mozzarella), the BLT (bacon, lettuce, tomato, and Duke’s mayonnaise), and the BBQ (barbecue sauce, slaw, and onion). For my tailgate, I included all of these. My own creation was the Pimento Queen (pimento cheese and Mike’s
hot honey. Like Chick-fil-A’s new sandwich, but better). Truly, the options are endless, and you cannot go wrong with any of them.
For our tailgate, I also prepared Cheese Slaw. My sister-in-law made it as an appetizer for a recent family dinner, and it may be one of the best things I have ever tried. Joann found the recipe in a recent edition of Southern Living, but I understand that the original dish can be traced to caterer Lib Wilhelm, whose recipe is featured in the Roanoke Junior League cookbook, Oh My Stars! Recipes That Shine, published in 2000.
Cheese slaw is a cousin of pimiento cheese, with banana peppers and jalapenos in place of the pimentos and Swiss cheese in place of cheddar. It takes about 10 minutes to make and even less time to eat!
To make cheese slaw, you need the following: 1 lb. of shredded Swiss cheese (about 4 cups), ¾ cup of finely chopped mild banana peppers (from a 16 oz jar), ¾ cup Duke’s mayonnaise, 2 medium scallions (chopped, about ½ cup), and ⅓ cup finely chopped jalapenos). Stir all ingredients in a large bowl until well-acquainted. Cover and chill until ready to serve, at least 30 minutes.
Joann served it with Fritos—the big ones that scoop—and they functioned essentially as tasty spoons. The Southern Living article suggests that you can also serve cheese slaw with saltines or crudités. It also makes a good Bird Dog topping. Truthfully, though, it is good enough to eat by itself.
MeMe’s Bird Dog Bar and Cheese Slaw make the perfect tailgate. Whether you are at the stadium or hosting a watch party, a Bird Dog Bar creates a fantastic spread that doesn’t take a lot of effort. That’s my kind of party!
Remember, y’all: Go Vols!
By: Parker Bohne
Duncan School of Law J.D. Candidate, 2026
Monday Night Brewing, Co., an award-winning brewery based out of Atlanta, has made itself right at home in Knoxville via the Monday Night Proofing, Co. taproom located in the recently opened Kern’s Food Hall on Chapman Highway.
The Atmosphere
Monday Night Proofing, Co. offers a cozy and sophisticated escape from the lively atmosphere of Kern’s. Inside the brewery, black walls, dim lighting, and chandeliers create an intimate setting perfect for unwinding after a long day. The carefully curated décor strikes a balance between comfort and elegance, making it ideal for both casual outings and special gatherings. Whether you’re enjoying a beer with friends or hosting a larger group, the space accommodates any vibe, with board games and large TVs providing entertainment. It’s especially a great spot to cheer on your Tennessee Vols every Saturday night with a projector screen ready for watch parties.
For those who crave a bit more activity, Monday Night Proofing’s walk-up bar window offers the chance to grab a brew and take in the bustling energy of Kern’s. The lawn area, both dog and kid-friendly, provides plenty of space for children and pets to play, while guests can enjoy their drinks in the open air. The brewery’s convenient location within Kern’s makes it easy to shift between the calmer vibe at Monday Night Proofing and the livelier scene at the Market Bar or Scruff Bar in the main food hall.
If you’re looking for a more refined, adults-only evening, head upstairs to the High Proof Loft. This second-floor hideaway offers a more exclusive atmosphere with its own patio that overlooks the Kern’s lawn. Whether you’re catching up with friends, enjoying a date night, or just want a relaxing spot to enjoy a wide selection of Monday Night Brewing beers and cocktails, the brewery’s various spaces cater to all kinds of experiences, ensuring there’s something for everyone.
In the taproom, guests can choose from twenty Monday Night Brewing, Co. taps featuring a variety of IPA’s, lagers, stouts, ales, and sours. Standouts include the Juice Raptor Hazy IPA with notes of pineapple, grapefruit, mango, and orange; the Taco Tuesday Mexicanstyle lager; the Dancing in the Dark, a dark, bourbon barrel-aged stout with dark chocolate, cherries, and vanilla; and, my personal favorite, a refreshing pour of Lemon Lime Funshine, a Berliner Style Weisse fermented with lemon and lime juice. If beer isn’t your style, Monday Night also offers a variety of themed cocktails, seltzers, and non-alcoholic options, as well.
Monday Night Brewing Taps are available in all the bars within the food hall, with additional taps available from other local favorite at the Scruff Bar and Market Bar. No matter which beer or bar top you choose, you can’t go wrong with Monday Night.
What separates Monday Night Proofing, Co. from other taprooms in Knoxville is its location within Kern’s Food Hall. Though Monday Night offers no food menu of its own, guests should still plan to bring their appetite. With options like an authentic Neapolitan pizza from Ava
Italian, a sushi roll (or sushi burrito—trust me, it’s good) from Zukku Sushi, fresh Korean bowls from Won Kitchen, and many, many more, Kern’s Food Hall has you covered with all the flavors. And the best part, the food hall is still growing with more to come!
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 membership@knoxbar.org.
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.
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.
In 2012, the KBA’s Archives Committee began interviewing senior members of the local legal community to capture their stories and perspectives on life and the practice of law. With funding provided by the Knoxville
Bar Foundation, the KBA has been able to preserve this history for future generations of lawyers and other interested persons. It is important not to forget the contributions of those who built the local bar and sharing milestones and stories of great lawyers and judges provides new lawyers with historical perspective and inspiration. View the interviews online at www.knoxbar.org by clicking Member Resources and then Practice Resources.
Please note the following changes in your KBA Attorneys’ Directory and other office records:
David J. Cantrell
BPR #: 039296
Clayton Homes
5000 Clayton Road
Maryville, TN 37804-5550
Ph: (865) 380-3000 david.cantrell2@claytonhomes.com
John B. Ganem
BPR #: 039264
Law Office of John B. Ganem, PLLC P.O. Box 12009 Knoxville, TN 37912-0009 Ph: (865) 353-3807 johnganemlaw@gmail.com
Christine Knott BPR #: 038487
Volunteer Law PLLC 112 Glenleigh Court, Suite 4 Maryville, TN 37934-3076 Ph: (865) 410-0818 christine@volunteerlawfirm.com
Zachary T. Powers
BPR #: 036291
Volunteer Law PLLC
112 Glenleigh Court, Suite 4
Maryville, TN 37934-3076
Ph: (865) 410-0818
zachary@volunteerlawfirm.com
Nikol D. Pluess
BPR #: 038605
Vermillion Law
416 High Street
Maryville, TN 37804-5836
Ph: (865) 233-3353 np@vermillion.law
By: Beth Ford
Interim Director, Institute for Professional Leadershop
University of Tennessee College of Law
Rachel Louise Martin, the author of A Most Tolerant Little Town, describes herself on LinkedIn as a “writer, civil rights scholar, oral historian, feminist, teacher, re-placed Tennessean, devoted Tarheel, and violinist.” Many of those descriptors have come together in her book A Most Tolerant Little Town. The book recounts the story of the desegregation of Clinton High School which began in the 1956-57 school year.
The book grew out of Martin’s dissertation at the University of North Carolina Chapel Hill where she earned a PhD in Women’s and Gender History. While at UNC, she was a graduate research assistant for the Southern Oral History Program which has “collected interviews with southerners who have made significant contributions to various fields of human endeavor.”1 Martin, who grew up in Middle Tennessee, was sent to Clinton to interview those who had knowledge of the events after District Court Judge Robert Taylor, Jr. ordered that the Clinton schools be desegregated, making them some of the first southern schools to be desegregated.
A group of Black Clinton parents filed a federal lawsuit in 1950 after their children were denied admission to Clinton High School. In 1950, there were no high schools for Black high school students in Clinton. (Oak Ridge High School was integrated prior to 1956 because it was a federal enclave.) The City of Clinton paid for the Black students to be bussed to Austin High School in East Knoxville at a time when the trip took much longer than it does now, because this was pre-interstate days.
Judge Taylor dismissed the suit in 1952 finding that the time spent on a bus every day was not an inconvenience that ran afoul of “separate but equal.” In 1954, the Supreme Court decided Brown v. Board of Education. The Sixth Circuit acted quickly to reverse Judge Taylor’s McSwain decision and sent the case back to the district court. The school system attempted to put off enforcement of the order, but in early 1956, Judge Taylor finally ordered that the school would be desegregated in the fall of 1956.
On August 26, 1956, the “Clinton 12” walked down the hill from the Green McAdoo Elementary School to the front door of Clinton High School. Rachel Martin’s book traces that walk past the jeering crowd into the school and follows the students and others in the community for the next two years, and then after most of them had left East Tennessee. Through the book, we learn that Clinton, which was a typical small, southern town, was anything but a tolerant little town.
The first day went fairly well. In fact, one of the girls was elected
as her homeroom vice president. However, that was one of the only positives of the entire story. The KKK burned crosses. Students stepped on the heels of their Black classmates. Men, women, and children were verbally and physically abusive to the students and even to strangers such as the Black people driving through Clinton on US 25W. (Life Magazine has a horrifying collection of photographs taken of those being terrorized in their vehicles.) A pastor who supported the students was beaten, and the school principal received threatening telephone calls.
Then came the outsiders who were more than willing to help the hometown folks in their maltreatment of anyone Black. Asa Carter, the future speechwriter for George Wallace, came to town to “assist” in the establishment of a White Citizens Council. A man named John Kasper arrived and helped to lead riots and rallies. The situation deteriorated so quickly and became so violent that Governor Clement ordered the National Guard to Clinton, one of the first times that the National Guard was called to protect citizens exercising their civil rights.
Through detailed interviews, Rachel Martin paints pictures of anger and hate and pictures of persistence and bravery. It is no wonder that only 2 of the 12 young people stayed to graduate from Clinton High School and that these two knights in shining armor could not handle the stresses of dealing with such an explosive situation, including the actual blowing up of the school building. The book is at times like a bad car accident that one cannot look away from.
The detailed storytelling is compelling although, at times, it reads like a rough draft. There are some errors, such as referring to Judge Taylor as “Bob.” (No one who ever met Judge Taylor would take that kind of liberty without a specific invitation to do so.) She talks about the US District Attorney rather than the United States Attorney, and, at times, the writing is a bit sloppy. None of those faults diminishes the importance of the story that Martin tells.
The author also discusses the politics of memory, the ability of people to remember, and their tendency to choose to forget. Many of her interviewees felt that desegregation had gone very well, and they did not understand why she was trying to dig up what was a minor unpleasantness. I would invite you all to read this collection of interviews and come to your own conclusion. And after you have read the book, visit the Green McAdoo Cultural Center in Clinton and learn more about the Clinton 12.2
1 See https://sohp.org/ 2 See https://greenmcadooculturalcenter.org/ for more information.
By: Caitlin A. Torney Director of Pro Bono Legal Aid of East Tennessee
Serving the Legal Community in Assisting Low-Income Persons To Navigate the Justice System
October is Celebrate Pro Bono Month! The goal of Pro Bono Month is to bring attention to the need for pro bono services and recognize those in the legal community who volunteer their time and expertise to help meet the endless need for free legal help. Attorneys from across our service area are invited to join in the spirit of Pro Bono Month by donating time, expertise, and resources. We also invite you to join us on November 7th for Pro Bono Night 2024 to take some time to relax, socialize with friends and colleagues, and celebrate pro bono service!
Volunteer:
Legal Advice Clinic for Veterans – Wednesday October 11th Noon –2:00 PM
Join us at the Veteran’s Clinic to give back to those who have given so much to us! Veterans and their family members come to this clinic with a wide range of legal issues, so we always need attorneys from a diverse range of practice areas. The clinic is held on the second Wednesday of every other month at the Knox County Public Defender’s Community Law Office from noon to 2:00pm. Law student volunteers come help with intake, and the opportunity for attorneys to volunteer via phone is always available. Sign up on the KBA website!
Virtual Pro Se Name Change Clinic – Tuesday October 15th 4:30 PM. Log into Zoom from the comfort of your own home or office and help a client take the first steps to change their name. We provide all materials and information ahead of the clinic and clients and attorneys meet in breakout Zoom rooms to discuss what to bring to court, what to expect during a hearing, and go over required paperwork. Attorney mentors are on hand to answer any questions that may arise. To sign up, email me, check out our View Cases section on our website, or click on the link in the TBA today or YLD newsletter.
Debt Relief Clinic – Saturday November 8th 9:30 AM – 11:00 AM
The quarterly Debt Relief Clinic offers in-person consultations where clients receive a comprehensive overview of Chapter 7 bankruptcy, presented by Judge Suzanne Bauknight. During the clinic, each client is paired with an experienced attorney who evaluates their case, helping them understand the bankruptcy process and their legal options. If a client chooses to file for bankruptcy, the clinic assists in connecting them with full legal representation. All cases are prescreened by Legal Aid for eligibility. The clinic is held at the Knox County Public Defender’s Community Law Office and attorneys should plan to arrive between 9:30 and 9:45 AM. Sign up through the KBA website.
General Advice Phone Clinic – Beginning January 2025. Volunteer to help your neighbors in Knox, Blount, Loudon, and Sevier
counties take the first step in addressing their legal concerns. We invite attorneys from all practice areas to volunteer for a phone clinic and help make a difference in the community. Whether you have extensive experience or are newer to the profession, your expertise is valuable, and we prescreen all clients to match their legal issues with your area of practice. Volunteering is flexible—volunteer attorneys can choose a time that works best for them and meet with 2-4 clients over the phone from the comfort of their own office! To register, please email me or look for a sign-up link on our website.
In addition to clinics, we continue to place cases for full representation throughout the year and have a high need for attorneys willing to help with probate assistance, adoptions, and conservatorships. We provide volunteers with training materials, sample documents and pleadings, and mentor attorneys who are willing to help volunteer attorneys navigate a new practice area. We are also currently recruiting attorneys interested in LAET’s Contract Attorney Program (“CAP”) to assist clients with adoptions, conservatorships, and basic estate planning for clients in Knox and the surrounding counties at a rate of $75.00/hour. If you are interested, please email me for more information.
I also encourage you to visit the Pro Bono section of the Legal Aid of East Tennessee website. Click on the link to “View Cases” to survey available cases and sign up to represent a client through our website. A brief description of the client and their legal needs are provided, and new cases are added regularly. Cases can be searched based on county, subject matter, and various other key factors. Sign up links and details for upcoming clinics are also listed.
You’re invited to CELEBRATE with Legal Aid of East Tennessee’s Knoxville Office at our annual Pro Bono Night on Thursday November 7th! Join us at The Standard located downtown on Jackson Avenue to celebrate all the incredible attorneys, law firms, and community partners that do pro bono work, contribute to our mission, and make our community a better place. Doors open at 5:00pm, so you can swing by after work for food, drinks, and live music. You can purchase a table or individual tickets through our events page on our website, special rates are available for students and new attorneys. Feel free to reach out to me directly with any questions!
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. Ssign up via the KBA website. NOTE: The clinic will be held every other month in 2024.
• Wednesday, October 9 Noon – 2:00 PM. • Wednesday, December 11 Noon – 2:00 PM
Virtual Pro Se Name Change Clinic: Zoom. Email ctorney@laet.org. • Tuesday, October 15 4:30 PM – 5:30 PM
Debt Relief Clinic: In person at the Public Defender’s Community Law Office at 1101 Liberty Street in Knoxville. Signup via the KBA website. • Saturday November 9 9AM – Noon.
By: Robbie Pryor Pryor, Priest & Harber
I keep funeral bulletins. Do I need counseling? When I return from a funeral service or a receiving of friends, I open a drawer and toss the bulletin into my collection that began some 20 years ago. I also stop and reminisce. Baseball trading cards for the nostalgic – or insane. There they are, so many who have passed through my life right there staring back at me in their best happy pose. Bad photos rarely make the bulletin. I’m never prepared for how many there are, forcing me to consider my own mortality while overcoming me with a wave of appreciation for the memories.
Bill Gritzner died on Friday. He had pancreatic cancer. He was my first wife’s uncle and my first of two bulletins this week. Bill served a very important role in my life. When Cheryl’s parents moved to Florida on business, Cheryl and I were high school juniors. We were dating at the time and, naturally, she did not want to move. She was headstrong and happened to love her some Robbie. She’d done the math on the likelihood of two sixteenyear-olds surviving a long-distance separation and wasn’t going to leave it to chance. Uncle Bill allowed her to move in with him, and she served out the remainder of our high school sentence ordering me around and convincing me that life’s path could not be traversed happily without her (little did she know I was already sold on this notion). She always got her way. The rest is history. I should have required my children to attend the ceremony. They wouldn’t exist had Uncle Bill not stepped in. While Bill played a role in locking in the future of my family, it was Jerry who helped us transition through its destruction.
an obituary within. Perhaps some additional photos, the order of service, or the Lord’s Prayer. The obit is patterned - devoted husband, father. A graduate of fill in the blank, preceded in death and survived by…a paragraph or two to succinctly sum up a life in dry and stilted prose. Some are better than others, and Jerry’s was a masterpiece, but it is an entire life laid out in a two-page bulletin. An entire life.
With death also comes the “in lieu of flowers” option. There’s “donate to the American Cancer Society” or “the church building fund” or insert your charity. Always a nice option. Whatever the options are, choose “in lieu of flowers.” Flowers are nice, but I’ve been on the receiving end. The truth is that they become a task in a time of grief. “Please take some flowers,” I said to visitors. “What the hell am I supposed to do with all of these flowers?” I asked, standing in a living room that looked like a greenhouse. And guess what? They die, too.
Jerry McCoy died a few days after Bill. Jerry and Bill didn’t know one another. Jerry was my father’s dear friend and later became my client. When Cheryl died 24 years ago, and my family was devastated, Jerry (a contractor) built my kids a playhouse that was larger than my first home. I’ll never forget the day the flat-bed trailer rolled up the street to my parents’ home with what amounted to another house on it. My kids danced in the window with excitement as men unloaded it in the back yard. Jerry helped my family grieve and brought excitement and joy into our home when no hope for either existed. We loved him for it. Though I delivered his opening statement and closing argument this previous year, it was my father who delivered the eulogy for his dear friend this past Sunday. He will be missed.
As I do with every passing, I sat through these funerals and referred to the paper bulletins dumbfounded by the simplistic and sudden way the end arrives and is memorialized. The world has streamlined the process. We have to get back to work, don’t we? Every bulletin is the same - a smiling photo on the outside with the bookend years, dash between, and
In lieu of flowers, do somethingdo something to prove to yourself that you are still alive or to the departed that the message of mortality is received. Could there be a greater honor? I’ve always thought there should be something other than a monetary option - something meaningful to each who read that you have passed. “In lieu of flowers, Tom wants you to smoke a Marlboro light and drink a beer because he cannot.” I don’t smoke, but if I knew Tom and read that - even if I didn’t know him - I’d be headed to Weigel’s with a lighter in my pocket. I think about the things I’d miss, that I’d request be done in lieu of flowers being dropped on my Nancy’s doorstep. (This really all comes about because Nancy said, “I don’t want flowers.”). Rescue a Golden Retriever. Call your mom or your siblings. Walk into a casino and put it all on black. Play golf with your buddies and bump the bet on hole 2. Walk from downtown to Neyland on a fall Saturday and watch ‘em run through the T. Roll the window down and put on Bob Seger’s Night Moves. Go online and buy tickets to a concert for you and your girl in a distant town where no one knows your name - where you can sway and sing and act like no one is watching. For heaven’s sake, cancel that deep-sea fishing trip. It has a 22.5% chance of being fun. That is just fact. Stop talking politics with people you love. In your obituary, tell us what you’d have us do to keep a thought of you, if only for a moment, in our head. In lieu of buying something else with a limited life, insist that we create a memory or do something you can no longer do. Remind us, that while we are swaying to the music in Asheville or Denver, to soak it up and consider treating people like it won’t be long before we’re all in a bulletin.
Don’t insist on us getting tattoos. Not all of us are ready. You see what I did there?
