Memphis Lawyer Volume 34 Issue 3

the magazine of the Memphis Bar Association

Vol. 34, Issue 3

Cover story:

Change Lives with Pro Bono Service

THIS ISSUE:

Distilling the Myths to Enjoy the Benefits of Pro Bono Work

Hybridity: The Likely Outcome of the Tennessee Supreme Court’s Dedmon Deliberations

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Volume 34, Issue 3

FEATURES 10 Answering the Call: Non-Conviction Expungement Clinics

as an Emerging Pro Bono Delivery System in Memphis

BY AMBER D. FLOYD

12

Distilling the Myths to Enjoy the Benefits of Pro Bono Work

14

Pro Bono Calendar

BY SHARON RYAN

16 Hybridity: The Likely Outcome of the

Tennessee Supreme Court’s Dedmon Deliberations

BY WILL PERRY

18

2SLAC 10th Anniversary

20

2017 Bench Bar Conference

21

Outlook from 1 North Front: First Column

BY HALLIE GOODMAN FLANAGAN

COLUMNS 6

President’s Column

8

MALS Corner: Change Lives With Pro Bono Service

22

Community Legal Center: Helping Families

BY DEAN DECANDIA

BY JUSTICE HOLLY M. KIRBY

BY ADOLFO BERMÚDEZ

DEPARTMENTS 11

MBA Happenings

24

The Court Report

30

Continuing Legal Education Course Listings

32

People in the News

34

Classified Advertisements

BY CHARLES “BO” SUMMERS, STEPHEN LEFFLER AND DEAN DECANDIA

3

MEMPHIS LAWYER

2016 MBA Officers

the magazine of the Memphis Bar Association

MBA Publications Committee Stephen R. Leffler, Chair Preston Battle Karen Campbell Dean DeCandia Chasity Grice Nicole Grida Sean Antone Hunt Harrison McIver Jared Renfroe Jacob Strawn Charles “Bo� Summers Ellen Vergos Christy F. Washington

The Memphis Lawyer is a publication of the Memphis Bar Association, Inc. that publishes six times each year. The publication has a circulation of 2,200. If you are interested in submitting an article for publication or advertising in an upcoming issue, contact Katherine Newsom at 527.3573; knewsom@memphisbar.org The MBA reserves the right to reject any advertisement or article submitted for publication.

Dean DeCandia President

Annie Christoff

Secretary/Treasurer

Shea Sisk Wellford Past President

Sean Antone Hunt Steve Leffler Gigi Gaerig McGown Jim Newsom Lisa Overall Jill Steinberg Alex Wharton Section Representatives Anne Davis Chasity Grice Mary Hamm Mike Mitchell Jennifer Sisson Kathy Steuer

ABA Delegate Lucian Pera AWA Representative Laquita Stokes Law School Representative Elizabeth Rudolph NBA Representative Kevin Bruce YLD President Adam Johnson

MBA STAFF

Anne Fritz

4

Vice President

2017 Board of Directors Mike Adams Jeremy Alpert Megan Arthur Graham Askew David Bearman Sherry Brooks Lara Butler Leslie Coleman Amber Floyd Nicole Grida Jennifer Hagerman Doug Halijan Jonathan Hancock Earl Houston

Executive Director

The Memphis Bar Association 145 Court Ave. Suite 301 Memphis, TN 38103 Phone: (901) 527-3573 Fax: (901) 527-3582 www.memphisbar.org

Earle Schwarz

Lesia Beach

CLE/Sections Director

Charlotte Gean

Executive Assistant/ Membership Coordinator

Katherine Newsom Communications and Membership Director

INSIGHT BEYOND NUMBERS

the

ACCOUNTING & FINANCIAL REPORTING

D UE DILIGENCE / QUALITY OF EARNINGS

FORENSIC ACCOUNTING & FR AUD INVESTIGATIONS

BUSINESS FORMATION, GROWTH, & EXIT STRATEGIES

FAMILY LAW – FINANCIAL & TA X ANALYSIS

MERGERS & ACQUISITIONS

BUSINESS VALUATIONS

FEDERAL, STATE & LOCAL TAX CONTROVERSIES

SHAREHOLDER / PARTNER CONTROVERSIES

BUSINESS CONTROVERSIES

FEDERAL, STATE & LOCAL TAX COMPLIANCE & PLANNING

STRATEGIC PLANNING

9 0 1 . 7 6 1 . 3 0 0 3 • T H E M A R S T O N G R O U P. C O M

PRESIDENT'S COLUMN

by DEAN DECANDIA

Pro Bono Service:

No More Excuses!

I

t’s easy to come up with reasons why we cannot fulfill pro bono aspirations. Until we read the rule.

When I began my career as a prosecutor, I assumed pro bono work was out of the question. I based this assumption on a statute that prohibits prosecutors from engaging in private practice. But wait, hadn’t my law school professors warned me about assuming? Shouldn’t I read the rule first? Or a better question may have been, “is this assumption a copout?”

Once I read the rule, I realized there is plenty I can do. Since then, I have heard several other excuses as to why lawyers cannot reach their 50-hour goal. The rule eliminates all of them. Let me start with my own: Excuse #1: “I’m forbidden from pro bono work.”

Supreme Court Rule 6.1 on “Pro Bono Publico Service” states as follows: A lawyer should aspire to render at least 50 hours of pro bono publico legal services per year. In fulfilling this responsibility, the lawyer should: (a) provide a substantial portion of such services without fee or expectation of fee to: (1) persons of limited means; or (2) charitable, religious, civic, community, governmental, and educational organizations in matters that are designed primarily to address the needs of persons of limited means; and (b) provide any additional services through: (1) delivery of legal services at no fee or at a substantially reduced fee to individuals, groups, or organizations seeking to secure or protect civil rights, civil liberties, or public rights, or charitable religious, civic, community, governmental, and educational organizations in matters 6

in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization's economic resources or would be otherwise inappropriate; (2) delivery of legal services at a substantially reduced fee to persons of limited means; or (3) participation in activities for improving the law, the legal system, or the legal profession. (c) In addition to providing pro bono publico legal services, a lawyer should voluntarily contribute financial support to organizations that provide legal services to persons of limited means.

TN R S CT Rule 8, RPC 6.1 (emphasis added).

Comment 5 states that “[w]hile it is possible for a lawyer to fulfill the annual responsibility to perform pro bono services exclusively through activities described in paragraph (a), the commitment can also be met in a variety of ways as set forth in paragraph (b). Constitutional, statutory, or regulatory restrictions may prohibit or impede government and public sector lawyers and judges from performing the pro bono services outlined in paragraphs (a), (b)(1), and (b)(2).

Accordingly, where those restrictions apply, government and public sector lawyers and judges may fulfill their pro bono responsibility by performing services outlined in paragraphs (b)(3) and (c). TN R S CT Rule 8, RPC 6.1, n. 5.

So much for my excuse.

Excuse #2: “My area of practice doesn’t lend itself to pro bono services.”

While the Rule lists subsections (a) and (b) in the conjunctive, it does not state how much of (a) or (b)

a lawyer should provide. So if a lawyer provides little service under subsection (a), s/he can make up for it with activities in subsection (b) (“additional services”).

Excuse #3: “So many of my clients don’t pay what they’re supposed to. I am forced to do a lot of pro bono work.”

What qualifies as “additional services?” Under (b)(3), “[p]articipation in activities for improving the law, the legal system, or the legal profession” includes everything MBA-related. Participating in the Summer Law Intern Program; the Wellness Committee; planning the Bench Bar Conference; organizing or speaking at a CLE seminar; writing an article for this magazine; planning a social event such as the Law Week party, the Annual Meeting, or a BarMeet happy hour; or soliciting prospective sponsors for the MBA are just some of the ways one can “improve the profession” outside of representation or advice.

Note 4 tells us that this type of work is not pro bono under the Rule: “Because service must be provided without fee or expectation of fee, the intent of the lawyer to render free legal services is essential for the work performed to fall within the meaning of paragraphs (a) (1) and (a)(2). Accordingly, services rendered cannot be considered pro bono if an anticipated fee is uncollected, but the award of statutory attorneys' fees in a case originally accepted as pro bono would not disqualify such services from inclusion under this paragraph. TN R S CT Rule 8, RPC 6.1 (emphasis added).

Other local organizations can also use lawyers’ assistance. The Shelby County Drug Court Foundation, Crimestoppers of Memphis and Shelby County, JustCity, and The Family Safety Center are examples of agencies where local lawyers currently serve to “improve[e] the legal system” under (b)(3). None of these agencies require specialized knowledge. Just a willingness to help.

The variety of activities in Rule 6.1 eliminates every excuse imaginable. The commentary goes further by giving examples of such activities. For editorial reasons, I have not listed all the commentary. Nor have I listed all the common excuses. If it has been a while since you have read the notes, I urge you to do so. And be prepared to give up excuses. t

The New Standard In Mediation In the world of mediation, experience is vital. That’s why Memphis Mediation Group was established. John R.Cannon, Jr., Michael G. Derrick, and Frank S. Cantrell are each Tennessee Rule 31 Listed General Civil Mediators with decades of combined state and federal litigation and mediation experience. With their deep backgrounds and continual proven success, John, Mike and Frank are setting the new standard for mediation in Tennessee.

Schedule a case with Memphis Mediation Group at

901-259-5915

MALS

CORNER

H

elping an adult daughter protect her elderly mother from financial abuse by a family member. Preparing a will and medical directives for a veteran. Enabling a young mother to divorce her abusive husband.

This kind of work will never be a trending topic on social media, but it is done daily by Tennessee attorneys who volunteer their expertise to give a voice to those who otherwise would be on their own.

For eight years now, Tennessee’s Supreme Court has asked Tennessee lawyers to give pro bono publico legal services to persons of limited means in their communities.

Hundreds, even thousands, of lawyers have answered the call. So many lawyers give 50 hours or more of pro bono services that each year the Court bestows upon hundreds of Tennessee lawyers official recognition as Attorneys for Justice.

To give support and structure to these efforts, the Court established the Access to Justice Commission. The Commission has assisted in a wide array of initiatives, including: • Creating the Tennessee Faith and Justice Alliance, an alliance of faith-based groups in Tennessee who commit to providing legal resources to their congregations and communities • Creating an Immigrant Task Force to assemble agencies and community groups that serve immigrants • Partnering with the Tennessee Bar Association Young Lawyers’ Division to hold expungement clinics, to help citizens re-start their lives by erasing criminal charges from their records • Creating an Advisory Committee to marshal resources and facilitate pro bono work in family 8

Change Lives with

Pro Bono Service

by JUSTICE HOLLY M. KIRBY

law, some of the most disruptive cases in the lives of vulnerable Tennesseans • Approving plain language forms for uncontested divorces, even where the parties have children • Implementing a pilot project to have court kiosks in 10 different courthouses and clerk’s offices across the State This year, the Court participated in Help4TNDay, a public service day that was held April 1, 2017, to highlight the organizations that provide legal assistance to vulnerable Tennesseans and the good work that they do. Legal aid organizations like Memphis Area Legal Services are working tirelessly on the ground and in our communities.

Help4TNDay also shone a light on the www.Help4TN.org website, a portal to connect needy Tennesseans to appropriate legal resources. It especially highlighted Tennessee’s innovative free legal advice hotline, 1-888-HELP4TN. Will you join us? There are extensive free training opportunities available for volunteer lawyers to familiarize them with legal issues frequently experienced by disadvantaged Tennesseans. There are also free videos available for pro bono attorneys on the Tennessee Supreme Court’s Access to Justice website, www.justiceforalltn.com.

This December, at the Memphis Bar Association annual meeting, the Court hopes to recognize and celebrate even more of Shelby County’s Attorneys for Justice, attorneys who have performed 50 hours or more pro bono service in the past year. You can get information and sign up to be an Attorney for Justice at www.tncourts. gov/ProBonoRecognition. We want to recognize you.

Pro bono work may not be glamorous, but it is rewarding. Each hour given in service is another child rescued, another domestic violence victim protected, another family saved from foreclosure. Let’s join together to change lives. t

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9

ANSWERING THE CALL: Non-Conviction Expungement Clinics as an Emerging Pro Bono Delivery System in Memphis

by AMBER D. FLOYD

A

s a business litigation associate at an East Memphis law firm, handling the occasional traffic ticket was the extent of my criminal law experience. That changed, at least to some extent, in 2016. Last June, I coordinated a community service project for the Tennessee Bar Association’s Diversity Leadership Institute wherein law students helped staff an expungement clinic in Nashville.

Although I had no previous expungement experience and was unfamiliar with terms like “nolle prosequi” and “retired case,” I could not ignore the relief and tears of joy from the many faces originally filled with anxiety and hopelessness. I quickly realized that I wanted to continue this important work after the Nashville clinic and needed to do it in Memphis.

Arrests and convictions alike trigger collateral consequences that operate outside of the criminal justice context. A person’s criminal history often impedes his or her ability to obtain gainful employment, housing, and professional licenses. It may also limit an individual’s access to higher education. Simply put, a criminal record negatively impacts almost every facet conducive to improving one’s quality of life as social and economic disadvantages persist well beyond completed sentences and payment of court costs and fees. Expungements have emerged as a vehicle to help ameliorate the deleterious effects of having a criminal record.

Expungement clinics as a pro bono delivery model has garnered significant attention in Tennessee over the past two years. Legal aid organizations, bar associations, and courts are recognizing the reach and impact of expungement clinics for their respective communities.

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The need for community education and assistance regarding expungements cannot be overstated. Last December, hundreds lined up at the crack of dawn for Memphis’ first Non-Conviction Expungement Clinic.

People continue to show up to subsequent clinics in droves. Our city’s cry for help is loud and clear. The NonConviction Expungement Clinic is one of the ways that the Memphis legal community is answering the call for help and taking action.

Due to the isomorphic treatment of expungements in public discourse, there is some confusion about what can be accomplished under the strictures of Tennessee’s expungement law codified at T.C.A § 40-32101. As such, one of the goals of the Non-Conviction Expungement Clinic is to provide the community with legal information and resources so that they understand how the expungement law works and its impact on their lives and criminal records. There are three primary types of expungements that are most relevant for individuals attending an expungement clinic: (1) non-conviction expungements; (2) judicial diversion expungements; and (3) conviction expungements. A person is entitled to the expungement of public records regarding a criminal matter that did not result in a conviction. No clerk’s fees or costs are charged for non-conviction expungements.

Judicial diversions (a conditional guilty plea that is stayed and not formally entered as a conviction) may be eligible for expungement upon successful completion of diversion and payment of all program/court fees and costs. This also applies to pre-trial diversion. In

addition to the payment of all costs and fees related to the diversion, a $450 fee is required to petition for diversion expungement. The requirements for conviction expungements are more stringent. While the petition fee for conviction expungements has been reduced from $450 to $280, a huge obstacle people face in qualifying for conviction expungements is the number and nature of eligible convictions. A person must have no other criminal convictions other than the two convictions to be expunged (two eligible misdemeanors OR 1 eligible Class E felony and one eligible misdemeanor). To be eligible, felonies must be included on the Class E felony inclusion list set forth in T.C.A. § 40-32-101(g)(1)(A). Eligible Class E felonies include theft under $500 and accessory after the fact. Misdemeanors are eligible for expungement unless it is listed on the misdemeanor exclusion list set forth in T.C.A. § 40-32-101(g)(1)(B). Misdemeanors that cannot be expunged include DUI and assault. Additional requirements for conviction expungements include the 5-year lapse since the completion of sentence imposed for the most recent offense as well as the payment of all fines, restitution, court costs, and other assessments for each offense.

So how does the Non-Conviction Expungement Clinic actually work? A volunteer attorney reviews a person’s public criminal case information online and identifies (1) charges that were Dismissed or Nolle Prosequi (“no prosecution”); (2) charges in which the grand jury returned a No True Bill; and/or (3) charges in which a verdict of Not Guilty was returned by a judge or jury. After identifying eligible charges, the volunteer attorney assists with the preparation of the appropriate expungement order forms. The forms are later provided to and processed by the clerk’s office and signed by a judge.

Volunteer attorneys also provide preliminary information regarding conviction expungements, which includes explaining the criteria for conviction expungement eligibility and whether the person’s class of convictions and/or number of convictions fall within the scope of expungement based upon review of their online case information. Volunteer attorneys also advise if a judicial

diversion is listed in the criminal case information.

Individuals are provided information about how to seek judicial diversion and conviction expungements.

The reality is that Tennessee’s expungement law only allows a fraction of individuals that truly need a “clean slate” the ability to completely “erase” their criminal records. However, that does not discount the importance of expungement clinics. The NonConviction Expungement Clinic is about removing as many barriers as possible. It’s about empowering people with knowledge and information about matters that impact their everyday existence. It’s about restoring hope for individuals who are trying their best to beat the odds.

The next Memphis Non-Conviction Expungement Clinic is scheduled for October 21, 2017 at the Healing Center located at 3910 Tchulahoma Rd. Attorneys of all practice areas are encouraged to volunteer. Training will be provided. Please email afloyd@wyattfirm.com if you are interested in volunteering. t

HAPPENINGS 9/22

YLD Golf Tournament 10/12

Bar Feud 11/9

YLD Annual Meeting & Elections 11/16

Bar Meet 12/7

MBA Annual Meeting Visit memphisbar.org/events for a full list of events and details.

11

Distilling the Myths to Enjoy the Benefits of Pro Bono Work

by SHARON RYAN, Senior Vice President General Counsel & Corporate Secretary, International Paper Company

W

e’re very fortunate to be lawyers – even if it doesn’t always feel that way. We’re among the lucky few to have survived all of the obstacles of becoming (and remaining) practicing lawyers. And, we’re among the very few who can make the legal system work for people who have absolutely nothing to give us in return but their gratitude.

For generations, lawyers have been made aware, and are often reminded, of their obligations to provide pro bono service to those who would otherwise have no access to legal representation. The very purpose of pro bono work is to assist those who may need help with something that’s very important to them, but who have no resources to pay. During the month of October, as we celebrate Pro Bono month, I would like to challenge you to view doing pro bono work as an honor and privilege – rather than an obligation. And, I would like to dispel a couple of popular myths when we provide pro bono services and share with you what I believe are the realities.

First, let’s look at the work needed to be done and how providing these services can help us, as much as we might help the client in need. What are the legal problems that need to be addressed? Many concern financial problems such as money owed to creditors or for payment of medical bills. There are those who have lost their home, their job, the custody of a child or who need assistance getting Social Security or Veterans benefits. There are legal issues faced by those who are left alone to care for children and those who are victims of domestic violence. There are needs faced by senior citizens who go to our senior centers for help or those in nursing homes who need assistance with powers of attorney, wills and advanced directives. These people who need our help are Tennesseans who are struggling every day just to make it; and, there are those of us who have been lucky enough to obtain a legal education and to practice law. By volunteering your legal services – or by even making a monetary donation – you’re bringing immediate relief to people in our community through the resolution of legal disputes, protection of rights and property and access to valuable information about their own responsibilities. The time you’re able to give 12

or any financial resources you can provide to Memphis Area Legal Services (“MALS”), and other organizations who provide this type of assistance, are among the most valuable things you can do to help those of limited means and help to create a more stable economic environment in our community.

How, then, do you stop looking at pro bono work as an obligation – a requirement – rather than something we should desire to do in order to help our Memphis community?

I could tell you that doing pro bono work provides an opportunity to network with other local attorneys or attorneys in corporate legal departments and make a business case for you and your bottom line. It may provide training and job satisfaction for your newer associates and help with recruiting. But, for some, the “business case” is irrelevant and these issues aren’t going to motivate you. Maybe I could tell you that it’s your professional obligation to do pro bono work and I would talk about the Code or Model Rule – but that’s probably as appealing as someone telling you that you must eat all of that kale before you can have dessert. Or, I could try and appeal to your sense of guilt – but that usually never turns out well and doesn’t instill the motivation, nor sustain the desire, to do pro bono work.

So, how do you get motivated or excited to try this kind of volunteer work? I can honestly tell you that giving of your time and talents to MALS or other legal services organizations will offer the greatest source of personal and professional satisfaction that you will ever experience. If you’re feeling burned out - this will give you a boost of happiness and reinvigoration that will far exceed any you would get from a weekend at a five-star hotel spa, and last much longer. Truly, the appreciation I feel from a client at a Saturday clinic far out-weighs anything that I might have been able to do for them and I feel like I’m providing hope to those that have a legal problem. Often times, the legal problem may be no more complicated than helping the client read a contract and understand their rights or just to take the time to listen to them.

There are several popular myths frequently shared by attorneys regarding why they choose not to do pro bono work and I want to dispel those with the realities.

Myth #1: “I am a _________ (corporate, transactional, environmental, employment, health care, etc., . . . you fill in the blank) attorney and I don’t know how to do the kind of law needed.”

Answer: The biggest barrier preventing lawyers from doing pro bono can be summed up in one word: Inertia. You haven’t done it. You don’t know how to do it. And, you haven’t made the effort to learn. There are many resources available at MALS to quickly overcome that challenge, whether you are taking a pro bono case or helping at a legal advice clinic.

The 2SLAC (2nd Saturday Legal Aid Clinic formerly known as Saturday Legal Clinic), a program created by MALS and the Memphis Bar Association (“MBA”), is celebrating its 10th Anniversary this year. The clinic is co-hosted each month by a local law firm, corporate legal department or different sections of the Memphis Bar Association. Therefore, an attorney is usually present who knows how to handle matters that you may not be comfortable with – and they are more than happy to assist.

Through partnerships with MALS and local corporations, there are a number of training sessions (many with CLE) offered that will introduce you to different legal issues – from immigration, wills and estates, family law matters and health care issues, just to name a few.

Myth #2: “I am so busy and just don’t have the time!”

Answer: Like any activity, pro bono work requires an investment of time and, face it, after an exhausting day at work, there are times when you just go home, switch off your minds and your cellular devices and watch television. But, if you can just push yourself a little and participate in one of these acts of kindness, you may be surprised at how energized you feel. 2SLAC is held on the 2nd Saturday of each month from 10:00 am to 12:00 pm and the time commitment can be as little as an hour or two. You may choose to come 1 time per year – or every month – it’s up to you. Also available is the Attorney of the Day Advice and Counsel clinic held each

Thursday at the Judge D’Army Bailey Courthouse. Or, you can assist right from your desk by participating in Tennessee’s free civil legal helpline at 1-844-HELP4TN. If these activities and times don’t meet your needs, there are a host of others and, please remember that monetary donations are always welcome!

Myth 3#: “New lawyers should spend their time making money for the firm – not doing free legal work.”

Answer: Pro bono work offers many practical rewards and one is that it provides a meaningful training ground for new lawyers. It may be many years before a junior lawyer in a firm has much, if any, autonomy. Pro bono work can provide early opportunities for depositions, arguing motions, first-chairing trials, building client relationships and other valuable work experience, which, in turn, helps them build skills and develop confidence.

In my role as SVP and General Counsel of International Paper, I’m in the unique and fortunate position to be able to direct both financial resources and volunteers to assist the work of MALS and the Tennessee Alliance for Legal Services (“TALS”). International Paper’s Legal Department annually sponsors a 2SLAC clinic and provides attorneys and paralegals to work at clinics throughout the year. IP’s Legal Department will, again, be a sponsor for the Justice for All Ball, held this year on Oct. 28 and has partially underwritten the cost for HELP4TN, the free legal helpline as well as sponsoring the placement of an Equal Just Works fellow at TALS for a two-year period. I’m eagerly supportive of those on my staff who wish to volunteer. One of our attorneys, Sarah Norton, currently serves on the Board of Directors for MALS and serves as chairperson for the personnel committee.

There is an enormous variety of pro bono volunteer opportunities from which you can choose – and the need has never been greater. I hope that you find those avenues which need your legal talents and/or your financial assistance and that you’ll be inspired during October’s Pro Bono Celebration to find a place to volunteer that allows you to realize increased happiness for yourself, while helping others. t

Sharon Ryan is Senior Vice President, General Counsel & Corporate Secretary for International Paper. Sharon was appointed to the Tennessee Supreme Court’s Access to Justice Commission and is also a board member of the national group, Equal Justice Works. She facilitated IP’s sponsoring of the placement of an Equal Justice Works fellow at TALS for the 2-year period of September, 2016-18, and will sponsor a new fellow for the 2-year period from September 2018-20. Sharon received the Janice M. Holder Access to Justice Award for her work and commitment to the importance of furthering access to justice by raising funds and providing volunteer resources for legal aid providers and other projects that directly impact lives of low income Tennesseans. Under Sharon’s leadership, IP’s Legal Department received the W. J. Michael Cody Access to Justice Award presented by MALS. 13

CELEBRATE PRO BONO October is Pro Bono Month

Join the Memphis, State and National Legal Community in Celebrating by Giving Your Time Rule 6.1 of the Rules of Professional Conduct state in part that a "lawyer should aspire to render at least 50 hours of pro bono publico legal services per year." The first comment to that rule notes that "{e}very lawyer, regard-less of professional prominence or professional work load, has a responsibility to provide legal services to those unable to pay, and personal involvement in the problems of the disadvantaged can be one of the most reward-ing experiences in the life of a lawyer."

Pro Bono opportunites don’t end in October. Every Thursday, Courthouse Advice & Counsel Clinic & Mediator of the Day takes place at the Shelby County Courthouse and every second Tuesday, Veterans' Pro Bono Clinic is held on Union. Visit bit.ly/mbaprobono for details. For more information or to get involved, e-mail Memphis Bar Association’s Executive Director Anne Fritz at afritz@memphisbar.org.

Oct 4

Oct 21

CLE: Orders of Protection

Non-Conviction Expungement Clinic

1:30-4:45 pm Cecil C. Humphreys School of Law 1 N. Front St. | Wade Auditorium

9-2 pm Healing Center 3910 Tchulahoma Rd

Want to do good, but don't know how? This seminar covers the Order of Protection hearing from start to finish and teach lawyers without experience how to represent the litigant. Free of charge. 3 hours CLE credit. Learn more & register: memphisbar.org/events

Attorneys of all practice areas are encouraged to volunteer. Training will be provided. Please email afloyd@ wyattfirm.com if you are interested in volunteering. CLE credit is available for your service.

Oct 14

Oct 28

2SLAC

Justice for All Ball

10-12 pm Benjamin L. Hooks Central Library 3030 Poplar Ave

7-11 pm Ballet Memphis 2144 Madison Ave

2SLAC (formerly known as Saturday Legal Clinic) is held the 2nd Saturday of each month from 10:00 am to noon at the Benja-min L. Hooks Central Library. Volunteer attorneys give legal advice on a range of issues, from divorce to employment law. To volunteer, email afritz@ memphisbar.org or simply show up at the clinic.

Oct 21

Nov 4

Midtown Legal Clinic

Wills for Heroes

10–12 pm Idlewild Presbyterian Church 1750 Union Ave

9-5 pm Benjamin L. Hooks Central Library 3030 Poplar Ave

Hosted by Memphis Area Legal Services & Idlewild Church.

Volunteer legal profession-als will be on hand to assist those in need for free with legal issues. This is a non-evangelical event; people of all beliefs are wel-come. For any questions, email midtownlegalclinic@gmail.com.

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This exciting superhero themed event benefits Memphis Area Legal Services. It will be a fun night with live music, a silent auction and more! For tickets and more, visit malsi.org.

Wills for Heroes needs attorney, paralegal & law student volunteers to assist by drafting estate planning documents for our first responders free of charge, serving as a witness to the documents, and/or notarizing the documents. To volunteer, email bpettes@glankler.com.

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Settlement Solutions 15

Hybridity: The Likely Outcome of the Tennessee Supreme Court’s Dedmon Deliberations

M

by WILL PERRY

uch has been said about Dedmon v. Steelman, the outcome of which will establish which measure of medical expenses is “reasonable,” and thus recoverable, in personal-injury litigation in Tennessee. Before Dedmon, the amount customarily charged in the relevant medical community set the standard for reasonableness. Over the past two years, however, Tennessee courts have started to suggest that another measure—the discounted amount often accepted in full satisfaction of a medical bill—is better. The gap between the two—amount billed and amount paid—is the distance that Dedmon will close.

But how? To many, if a medical provider ultimately is willing to accept less than the amount billed for medical services, then the billed amounts necessarily cannot be reasonable. Thus, in 2014, the Tennessee Supreme Court rejected a hospital’s attempt to recoup the full, undiscounted medical bills from patients’ tort recoveries because the hospital had allowed discounted payments from those same patients’ insurance companies to fully satisfy the bills. That decision, in West v. Shelby County Healthcare Corporation, might have settled the question at issue in Dedmon but for the fact that it expressly was limited to the Tennessee Hospital Lien Act. Relying on that limitation in Dedmon, a personal-injury case, the Tennessee Court of Appeals “reject[ed] any assertion that the supreme court meant for its holding in West, standing alone, to control all determinations of reasonableness with regard to medical expenses under Tennessee law.”

What the Court of Appeals ultimately adopted, and what the Tennessee Supreme Court likely will echo, is, in the words of Special Judge Joe G. Riley, who wrote separately in the lower court, a “hybrid approach.”

Under this approach, plaintiffs may submit evidence of their undiscounted bills, and defendants may counter with “proof contradicting the reasonableness of [those] expenses”—namely, the discounted amount actually accepted by a medical provider. The determination of reasonableness is left for the jury.

Not everyone likes this idea. Detractors say that hybridity would be disastrous for the same reason as pushing the pendulum from amount billed to amount paid completely: It would compromise the Collateral Source Rule, which states that defendants may not use 16

“benefits received by a plaintiff from a source wholly independent of and collateral to the [defendants],” like insurance, to reduce their liability. In other words, a defendant should not profit from the thrift of the person he has injured. So even when, as in Fye v. Kennedy, 991 S.W.2d 754 (Tenn. Ct. App. 1998), the difference between amount billed and amount paid is a multiple of ten ($748,284.08 v. $75,264), only the billed amount should make it to the jury.

The Court of Appeals contemplated this risk in Dedmon. In ruling that defendants may challenge the reasonableness of plaintiffs’ medical expenses, the court expressly noted that, “in doing so, they must not run afoul of the collateral source rule.” But the court also quoted the Kansas Supreme Court’s 2010 decision in Martinez v. Milburn Enterprises, Inc., 233 P.3d 205, for the proposition that “the rule does not address, much less bar, the admission of evidence indicating that something less than the charged amount has satisfied, or will satisfy, the amount billed.”

The distinction may be more academic than real. The Court of Appeals did not specify or suggest the kinds of proof that might skirt the Collateral Source Rule but still stain a plaintiff’s evidence as unreasonable. Moreover, as one commentator has observed, the Tennessee Supreme Court’s endorsement of the hybrid approach “would abdicate a public policy question for the judiciary—the proper measure of damages in all tort cases—to instead be determined by individual juries.” Brandon E. Bass, “In Defense of the Traditional Collateral Source Rule for Medical Expenses,” in Injury Damages in Tennessee after West and Dedmon, available at https://www.mleesmith. com/events/tn-personal-injury-law-materials.

Whatever the answer is, we should have it soon.

The Tennessee Supreme Court accepted the Court of Appeals’ invitation to “consider the excellent arguments presented by both the parties, the amici curiae on appeal, and [Judge Riley’s] concurring opinion” last October.

Dedmon currently remains pending before the state high court, but briefing is complete, and oral arguments concluded in April. Will hybridity have the final say?

Only time will tell. t About The Author Will Perry is a senior associate in the Commercial and Appellate Litigation Practice Groups of Butler Snow LLP.

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2SLAC

10th Anniversary

M

ore than 50 lawyers, judges, and other members of the legal community attended the 10th Anniversary Celebration for the Second Saturday Legal Aid Clinic (2SLAC) on Saturday, July 8th. Retired Supreme Court Justice Janice Holder served as mistress of ceremonies and presented certificates to law firms, corporate legal departments, and other associations who have been long-time sponsors of the clinic. Current Supreme Court Justice Holly Kirby spoke of the sustained effort required to maintain the legal clinic over a 10-year time span, and lauded the Memphis legal community for its dedication to access to justice. Proclamations from

18

Governor Bill Haslam, Congressman David Kustoff, Mayor Jim Strickland, and Mayor Mark Luttrell were also presented.

An average of 80-100 people are served each clinic, 10,000 since its inception. A variety of legal issues are handled such as advanced directives, family law, landlordtenant, bankruptcy and more. 2SLAC also serves a wide spectrum of clients as well; no one seeking legal help is turned away.

“It is the noblest endeavor of the Memphis Bar Association,” said attorney David Cook. “I don’t know

of anything like it anywhere in the country. It is the best-kept secret in the community. The Memphis legal community is extremely proud that this effort has continued, so successfully, for nearly ten years.”

At a typical clinic, volunteer lawyers will answer questions on divorce, bankruptcy, wills/POAs, employment law, and criminal law. All attorneys are invited to volunteer, and free training is available on the most common questions encountered. It's a great way to make yourself feel good and perhaps pick up a client.

Along with the ATJ committee and MALS, law firms

and other organizations sponsor the monthly clinic and encourage their attorneys to serve, but anyone in the legal community is welcome to volunteer. Sponsors over the years have included: Association for Women Attorneys; Baker Donelson Bearman Caldwell & Berkowitz; Bass Berry & Sims; Ben Jones Chapter, National Bar Association; Burch Porter & Johnson; Butler Snow; City Attorney’s Office; Evans Petree; FedEx; Glankler Brown; Glassman Wyatt Tuttle & Cos; Hardison Law Firm; International Paper; Leo Bearman, Sr. American Inn of Court; Lewis Thomason; MBA Board & Past Presidents; MBA Family and Health Law Sections; MBA Young Lawyers’ Division; Martin Tate Morrow & Marston; Memphis Area Legal Services Board & Staff; Morgan & Morgan; and Wyatt Tarrant & Combs. Several long-time and recurring volunteers include David Cook, Bob Green, Ben Sissman, Bruce Ralston, Art Quinn, Carl Seely and Sam Blaiss. t

19

2017

Bench Bar­

F

or the first time, local judges and attorneys met in New Orleans for the annual Bench Bar Conference.

Attendees included lawyers in their first years of practice to Tennessee Supreme Court Justices. The programming was just as diverse and offered something for almost every field of practice.

The 2018 Bench Bar Conference will be announced soon - stay tuned!

20

Outlook from 1 North Front: First Column

Connecting Across Campuses

by HALLIE GOODMAN FLANAGAN, President, University of Memphis Cecil C. Humphreys School of Law Student Bar Association

A

lthough our students appreciate the Mud Island view, our school is not an island. Perhaps our proximity to the home of the Memphis Grizzlies has instilled in our students the value of teamwork. While the distance between our campuses has occasionally left students feeling secluded from main campus services, downtown students aim to reconnect the law school with University of Memphis leadership and resources on our main campus.

For the first time, the University of Memphis’ Board of Trustees and the Student Government Association (SGA) include members from our administration and our law student body. The University of Memphis Faculty Senate selected Associate Dean Katharine Schaffzin to serve as the faculty representative on the Inaugural Board of Trustees. In addition to teaching Civil Procedure, she serves as Associate Dean for Academic Affairs. With Dean Schaffzin serving on the Board of Trustees, we can build a bond with main campus which will serve both entities well going forward. What she learns about how main campus leadership and administration operate will be valuable lessons that can be brought back to the law school to further strengthen the working relationship between the two entities.

Our Student Bar Association (SBA) collaborated with the main campus SGA to create a permanent law student Senator position. Hugh Cross, a third-year law student, currently serves as a SGA Senator who advocates for our students in main campus student government.

In an unprecedented effort, the SBA and main campus’ SGA, including their President, undergraduate student Drew Gilmore, convened to elect our next law student representative. Working together, we were able to establish law student representation within main campus’ SGA in the future.

With our increased involvement with main campus leadership, our students have recently welcomed the downtown extension of several main campus programs.

Emphasizing the importance of stress management, our students successfully lobbied President M. David Rudd for a downtown counselor. Our “Counselor On Campus” program was one of last year’s most successful programs and we will continue providing this law student resource this year. Additionally, the SBA held its first online election in August thanks to second-year law student and Election Commissioner Preston Dennis’ use of main campus’ voting software. In its first application, voter turnout increased from last year’s 68% to a record 78%.

Advanced technology and accessible health care are only some of the resources that our students have sought to bring to our campus.

As we and main campus continue to work together, law student organizations are also more frequently cooperating on programming and student events. The Health Law Society and the SBA have teamed up to provide both weekly yoga classes and a 5k training course for students. With the collaborative effort extending beyond our school, students gain practical skills from programs like our Medical Legal Partnership with Le Bonheur Children’s Hospital and Memphis Area Legal Services. We are reconnecting with our roots and working as a team. With our administration and students unified, we look forward to expanding opportunities for future students. t About The Author Hallie Goodman Flanagan is in her third year at the University of Memphis Cecil C. Humphreys School of Law and serves as the President of the Student Bar Association.

21

Helping Families

by ADOLFO BERMÚDEZ

I

n the summer of 2012, my wife, a US citizen, filed something called a Petition for Alien Relative on my behalf. We had been living in my home country of Nicaragua since the day of our marriage, and decided it was time to move to the United States. After paying all the fees, filing various forms, submitting to a background check, and many months of waiting followed by an interview at the US embassy in Nicaragua, I was finally cleared to obtain an immigrant visa and eventually acquired lawful permanent resident status. Little did I know at the time that all of this lengthy process would be part of my job in the years to come.

You see, I proudly work with the Community Legal Center’s Immigrant Justice Program. Every day our program receives phones calls from families seeking assistance in immigration related matters, ranging from complex situations to relatively straight forward cases, some more urgent than others, never simple. It is my job to assist clients navigating the intricate process to obtaining legal status.

Recently, I worked with a US citizen who was desperately trying to gain legal status for his wife and son.

He met and married his wife, a Mexican citizen, decades ago and adopted her young son. They all lived in northern Mexico for many years until the increase in violent drug related cartel activity pushed them to return to the United States. After our initial consult, it was clear that this was a relatively straight forward case, but very time sensitive in 22

nature. Unfortunately, the wide variety of immigration advisers, authorized and unauthorized, out in the market had left this family exhausted and apprehensive about the system as a whole. They had been quoted exorbitant amounts of money by multiple immigration practitioners, amounts they simply could not afford. Our low, sliding scale fees seemed too good to be true at first. However, after a lengthy consultation where a clear plan was laid out, the family retained CLC’s services. We proceeded to immediately gather the necessary documents and file the proper petition on their behalf. Happily, my client’s wife and child were recently approved and now have become lawful permanent residents.

I was once on the other end of this process, and now I have the opportunity to help clients navigate the system. I understand deeply the joy and relief this family experienced when their petition was approved after the apprehension and uncertainty at the start, as I have experienced those same emotions. The high fives I got at the end of this case had an extra special meaning. t Community Legal Center staff member Adolfo Bermudez is a Department of Justice Partially Accredited Representative. In that capacity, he assists applicants in filing petitions before the United States Citizenship and Immigration Services (USCIS).

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COURT REPORT

THE

by CHARLES “BO” SUMMERS

CRIMINAL COURT—Covers the weeks of May 8, 2017 to August 14, 2017 COURT

JUDGE

DIV. I

SKAHAN

VERDICT 1. STATE V. MELVIN WIGGINS: Indicted for Aggravated Robbery and Especially Aggravated Kidnapping . Trial lasted from May 8 through May 12, 2017. Verdict: Guilty as charged in the Indictment. Prosecutor: Leslie Byrd and Pamela Stark.

Defense: Mark Mesler 2. STATE V. CEDRIC ANDERSON AND LONZELL HUNTER: Indicted for Aggravated Robbery. Trial lasted from .

Verdict: Guilty as charged in the indictment. Prosecutor: Bo Summers. Defense: Haden Lawyer and Sam Christian 3. STATE V. MARTERRIUS O’NEAL: First Degree Murder x 2. Trial lasted from August 7 through August 11 . Verdict: Guilty as charged in the indictment. Prosecutor: Pamela Stark and Leslie Byrd. Defense: Eric Mogy 4. STATE V. DEANDRE PETERSON: Aggravated Rape. Trial lasted from August 14 through August 17. Verdict: Guilty as charged in the indictment. Prosecutor: Carrie Shelton and Abby Wallace. Defense: Billy Gilchrest

DIV. II

WRIGHT

1. STATE V. JOHNNY JENKINS: Indicted for Second Degree Murder, CA: Murder Second. Trial lasted from May 31 through June 2, 2017. Verdict: Guilty of Voluntary Manslaughter, CA: Voluntary Manslaughter. Prosecutor: Lora Fowler and Muriel Malone. Defense: Leslie Ballin 2. STATE V. TODD CHAPMAN : Indicted for Aggravated Burglary. Trial lasted from July 31 through August 2, 2017.

Verdict: Guilty as charged in the Indictment. Prosecutor: Jamie Kidd. Defense: Paul Pera

DIV. III

CARTER

1. STATE V. KRISTINA COLE, JASON WHITE AND MONTEZ MULLINS: Indicted for Unlawful of Possession with Intent to Sell Methamphetamine . Trial lasted from July 10 through July 14, 2017. Verdict: Guilty as charged in the indictment. Prosecutor: Chris Scruggs. Defense: Claiborne Ferguson, Billy Gilchrest, Kortney Simmons 2. STATE V. JOHN HENRY: Indicted for Aggravated Robbery. Trial lasted from August 7 through August 10, 2017. Verdict: Guilty as charged in the Indictment. Prosecutor: Scott Smith. Defense: Larry Fitzgerald

DIV. IV

BLACKETT

DIV. V

LAMMEY

DIV. VI

CAMPBELL

DIV. VII

COFFEE

NO TRIALS FOR THIS PERIOD 1. STATE V. TERRANCE HAYSLETT: Indicted for First Degree Murder. Trial lasted from August 14 through 17. Verdict: Guilty of Offensive Touching. Prosecutor: Lessie Rainey. Defense: Blake Ballin 1. STATE V. ODARIOUS LOVE: Indicted for Aggravated Robbery . Trial lasted from May 30 to June 1, 2017. Verdict: Hung Jury. Prosecution: Danielle McCollum and Austin Nichols. Defense: Jacinta Hall 1. STATE V. MANDON ROGERS: Indicted for Criminal Attempt: Murder First . Trial lasted from May 8 to May 11, 2017.

Verdict: Guilty as charged in the indictment. Prosecution: Ann Schiller. Defense: Kathy Kent.

2. STATE V. JARVIS GRAY: Indicted for Rape of a Child and Aggravated Sexual Battery . Trial lasted from May 15 through May 18, 2017. Verdict: Guilty as charged in the Indictment. Prosecutor: Dru Carpenter and Cavett Ostner. Defense: Brett Stein.

3. STATE V. CORRY TAYLOR: Indicted for Aggravated Robbery. Trial lasted from July 10 through July 13, 2017. Verdict: Not Guilty . Prosecutor: Kevin McAlpin. Defense: Monica Timmerman and James Jones 4. STATE V. ROBERT BURNETTE: Indicted for CA: Murder First, Employing a Firearm. Trial lasted from July 24 through July 28, 2017. Verdict: Guilty as charged in the indictment . Prosecutor: Stacy McEndree. Defense: Monica Timmerman 5. STATE V. MARCELLUS HURT: Indicted for Aggravated Assault. Trial lasted from July 31 through August 2, 2017.

Verdict: Guilty as charged in the indictment. Prosecutor: Kevin McAlpin. Defense: David Mays.

6. STATE V. MARTINOS DEERING: Aggravated Robbery. Trial lasted from August 14 through August 17 . Verdict: Guilty of Robbery. Prosecutor: Kevin McAlpin. Defense: Sam Christian.

24

CRIMINAL COURT—Covers the weeks of May 8, 2017 to August 14, 2017 COURT

JUDGE

DIV. VIII

CRAFT

VERDICT 1. STATE V. RANDY CHAMPION: Indicted for Murder in the Perpetration of a Felony. Trial lasted from May 8 to May 12, 2017. Verdict: Guilty of Aggravated Robbery and Reckless Homicide. Prosecution: Charles Summers and Greg Gilbert.

Defense: Charles Mitchell 2. STATE V. MAURICE GRAY: Indicted for Aggravated Robbery . Trial lasted from May 15 through May 18, 2017. Verdict: Guilty as charged in the indictment. Prosecution: Carla Taylor. Defense: Charles Waldman 3. STATE V. VICTOR MARTIN: Indicted for Especially Aggravated Kidnapping and Aggravated Robbery. Trial lasted from May 21 through May 25, 2017. Verdict: Guilty as charged in the indictment. Prosecution: Jose Leon. Defense: Jennifer Case.

4. STATE V. JOHN JACKSON: Indicted for Aggravated Burglary. Trial lasted from July 5 through July 7, 2017. Verdict: Hung Jury. Prosecution: Jose Leon. Defense: John Dolan 5. STATE V. JACK AUSTIN AND MICHAEL AUSTIN: Indicted for Aggravated Robbery. Trial lasted from July 17 through July 19, 2017. Verdict: Guilty as charged in the Indictment. Prosecution: Abby Wallace and Jose Leon. Defense: Mark Bowman and Larry Fitzgerald

DIV. IX

WARD

1. STATE V. MAMADOU DIAKITE: Indicted for CA: First Degree Murder. Trial lasted from May 22 through May 25, 2017. Verdict: Not Guilty . Prosecution: Trayce Jones. Defense: Eric Mogy 2. STATE V. ERVIN SUELL: Indicted for Rape of a Child. Trial from June 19 to June 22, 2017. Verdict: Not Guilty .

Prosecutor: Cavett Ostner and Dru Carpenter. Defense: Michael Burton

DIV. X

BEASLEY

1. STATE V. TERRANCE DURONCELAY: Indicted for Aggravated Sexual Battery. Trial from July 24 through July 27, 2017. Verdict: Guilty as charged in the Indictment. Prosecutor: Josh Corman. Defense: Charles Mitchell

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Circuit Court Report

by STEPHEN LEFFLER

DIV 1: FELICIA CORBIN-JOHNSON 1. CT-001294-15: 5-16-17, Virginia Ellison and Andre T. Meyers. v. Jennifer White and Stephen White, Auto Accident, Jury, Jared Eastlack for PlaintiffEllison, Robert Cox and Ronna Kinsella for PlaintiffMeyers, Nicholas J. Owens, Jr. for Defendants, Plaintiff Verdict for Virginia Ellison for $3,000.00; Plaintiff Verdict for Andre T. Meyers for $9,000.00.

2. CT-000605-15: 7-11-17, Lisa Boyd v. BNSF Railway Company, FELA, Jury, Stephen R. Leffler and Jeffrey Chod for Plaintiff, John Wheeler and Margaret Sams Gratz for Defendant Plaintiff Verdict for $5,021,016.00.

3. CT-004679-11: 8-1-17, Calvin Johnson. v. Illinois Central Railroad Company, FELA, Jury, Michelle S. Strocher and Edward J. Szewczyk for Plaintiff, S. Camille Reifers and John J. Bennett for Defendant, Defense Verdict.

DIV 2: JAMES F. RUSSELL 4. CT-004278-15: 5-26-17, HSBC Bank USA, N.A. v.

Charles Jordan, Suit for Possession, Non-Jury, Robert T. Lieber, Jr. for Plaintiff, Ted I. Jones for Defendant, Plaintiff Verdict for immediate possession.

5. CT-003731-15: 7-5-17, Ashley N. Williams v. City of Memphis and Mark L. McMillian, GTLA (Auto Accident), Non-Jury, William H. Brode for Plaintiff, Prince C. Chambliss, Jr. for Defendant, Newton Anderson for Intervening Party, Hartford Insurance Company, Plaintiff Verdict for $150,00.00 reduced by $6,593.42 for Hartford subrogation.

6. CT-002310-15: 7-7-17, David Ciancinelli v.

Patrick Lawrence and PB&J Towing, Property Damage, Non-Jury, Craig Barnes for Plaintiff, Tim Thompson for Defendant, Defense Verdict (Improper Pauper’s Oath).

26

DIV 3: VALERIE L. SMITH 7. CT-001716-15: 4-20-17, Larry Rice v. Mark Neely, Breach of Contract, Non-Jury, J.D. Barton for Plaintiff, Bruce Ralston for Defendant, Plaintiff Verdict for $293,133.18.

8. CT-002910-16: 5-4-17, Jeremy Dennie v. Madison at Cypress Lakes Apartments, Property Damage in Course of Eviction, Non-Jury, Kim Sims for Plaintiff, Bruce Feldbaum for Defendant, Defense Verdict.

9. CT-002600-16: 5-12-17, Cedric Young v. Twanna E. Jackson, Breach of Contract, Non-Jury, Allan J. Wade for Plaintiff, Twanna E. Jackson, Pro Se, Plaintiff Verdict for $9,690.21.

10. CT-000482-17: 6-12-17, Antonio Brown v. Norma Leser and Wesley Pickett, Violation of Civil Rights in Landlord / Tenant Relationship, Non-Jury, Both Parties Pro-Se, Defense Verdict.

11. CT-000868-17: 6-12-17, Brandon Blackburn v. James Buckhalter, Property Damage in Course of Eviction, Non-Jury, Both Parties Pro-Se, Defense Verdict.

12. CT-003937-14: 8-3-17, Equity Diamond Brokers, Inc. v. Abbott Diamond Enterprises, Inc., Breach of Contract, Non-Jury, J.D. Barton for Plaintiff, Bruce Ralston for Defendant, Plaintiff Verdict for $37,725.00. (“This Court notes that after Defendant’s counsel repeated attempts to speak with her clients, Defendant did not respond or personally appear at the hearing.”)

DIV 4: GINA C. HIGGINS 13. CT-004603-11: 5-18-17, Gaynell White, Individually and o/b/o Robert S. White, Sr. v. Robert James Smith, M.D., Rodney Martin, M.D. and Surgical Associates of Memphis, Inc., Med Mal, Jury, Regina Guy, Sheila Campbell and Denise Flatcher for Plaintiff, J. Kimbrough Johnson and Claire Cissell for Defendant-Martin, James T. McColgan and Sherry Fernandez for Defendant-Smith, Mistrial (Jury Deadlock).

14. CT-002598-13: 5-25-17, Arnez Davis v Ledell Lowe, Jr., Auto Accident, Jury, Ronald Kim for Plaintiff, H. Lynne Smith for Defendant, Defense Verdict for $1,250.00 and release of all liens.

15. CT-001391-15: 7-18-17, Autra Eason-Williams v.

City of Memphis, GTLA (Auto Accident), NonJury, Jennifer L. Miller for Plaintiff, Freeman Foster for Defendant, Plaintiff Verdict: $12,028.31 medical bills, $75,000.00 pain and suffering for a gross award of $87,028.31, reduced by 35% comparative fault for a net verdict of $56,568.42.

16. CT-003524-12: 7-25-17, Kirby Farms Homeowner’s Association, Inc. v. Larry D. Holland, (Companion Case: Kirby Farms Homeowner’s Association, Inc. v. Mary Holland, CT-003984-15), Breach of Contract, Non-Jury, Kevin A. Snider for Plaintiff, Everett B. Gibson for Defendant, Plaintiff Verdict for $3,270.00.

DIV 5: RHYNETTE HURD 17. CT-004623-16: 6-8-17, Patrick Durkin. v. MTown Construction, LLC, Breach of Contract, Non-Jury, Clay Culpepper for Plaintiff, Christopher M. Myatt for Defendant, Plaintiff Verdict for $135,338.93.

18. CT-005418-14: 6-29-17, Sheila Bailkin, Next of Kin of Helen Hytken v. City of Memphis, GTLA (Defective Roadway), Non-Jury, Ronald D. Krelstein for Plaintiff, Sharon L. Petty for Defendant, Defense Verdict.

DIV 6: JERRY STOKES 19. CT-001959-15: 6-10-17, Margaret Clifton v Bridget Lambdin., Breach of Contract, Non-Jury, Gary L. Jewel for Plaintiff, Ruchee Patel for Defendant, Plaintiff Verdict for $700.00 (Rent and Personal Property).

20. CT-002193-12: 7-24-17, Angela Alexander as Administrator of the Estate of Thomas E. Hall, Sr. v Daniel J. Scott, M.D., Med Mal, Jury, Bill M. Wade for Plaintiff, Katherine Anderson and W. Bradley Gilmer for Defendants, Defense Verdict.

21. CT-001553-12: 7-26-17, Kirby Farms Homeowner’s Association, Inc. v. Margaret Gibson-Everett, Breach of Contract, Non-Jury, Joshua B. Bradley for Plaintiff,

Everett Gibson for Defendant, Plaintiff Verdict for $3,332.66.

DIV 7: DONNA M. FIELDS / MARY L. WAGNER 22. CT-004406-12: 4-26-17, Greg Davenport and Kathy Davenport v. Chris Hill Construction, LLC, Auto Accident, Jury, Matthew V. Porter for Plaintiff, Joseph L. Broy for Defendant, Defense Verdict.

DIV 8: ROBERT S. WEISS 23. CT-001196-09: 4-27-17, Khadijehe Naraghian v.

Darryle K. Wilson, Auto Accident, Jury, Walter Bailey for Plaintiff, William M. Jeter for Defendant, Defense Verdict (Motion for New Trial granted 7-1017).

24. CT-000765-16: 5-17-17, Memphis Commerce Square Partners, LLC v. Bateman Gibson, LLC and Ralph Gibson, Breach of Contract, Non-Jury, Blair B. Evans for Plaintiff, Ralph Gibson for Defendant, Plaintiff Verdict for $52,747.52.

25. CT-005346-14: 6-12-17, Mike Snodgrass v. AHA Mechanical Contractors, LLC, Breach of Contract, Non-Jury, Steve Wilson for Plaintiff, Sam P. Zerilla for Defendant, Defense Verdict.

26. CT-003637-15: 7-27-17, William Green v. Brenda Jackson, Auto Accident, Jury, Sean Antone Hunt and Salwa Adnan Bahhur for Plaintiff, Robert L. Moore for Defendant, Defense Verdict (Plaintiff 65%, Defendant 35% fault).

27. CT-000834-11: 8-1-17, O’Rane Cornish, Sr. and 6C/Dahcor Industries, Inc. v. Damita Dandridge, Intentional Tort and Breach of Contract, NonJury, Walter Bailey for Plaintiff, William M. Jeter for Defendant, Plaintiff Verdict ($5,255.48 for Conversion of Personal Property and $300.00 for Malicious Prosecution).

DIV 9: ROBERT L. CHILDERS 28. CT-003069-16: 5-30-17, Realty Capital Management v. Steven Vinson, Breach of Contract, Non-Jury, S. Joshua Kahane for Plaintiff, Steven Vinson, Pro Se, Plaintiff Verdict for $11,600.00.

27

COURT REPORT

United States District Court WESTERN DISTRICT OF TENNESSEE, WESTERN DIVISION

by DEAN DECANDIA

Covers January to June 2017

FOWLKES 1. Sandra Fay Hall v. Shelby County Schools: Trial from Jan 31 to Feb 9. Complaint for Deprivation of Civil Rights under ยง 1983, Intentional Infliction of Emotional Harm, Breach of Contract. Defense Motion for Judgment as Matter of Law granted as to Intentional Infliction of Emotional Distress.

Jury Verdict for Defendant as to remaining claims.

Attorneys for Plaintiff: Craig Barnes, Frank Cantrell, Matthew Jones, Judith Gran. Attorneys for Defendant: Christopher Campbell, Emily Huseth, Sara Garner.

2. USA v. Charles Tigner: Trial from Feb 27 to Mar 1.

Indicted for Felon in Possession of a Firearm. Verdict: Guilty as indicted. Prosecution: Dean DeCandia, Bayonle Osundare. Defense: Vicki Carriker, Greg Allen.

LIPMAN 3. USA v. Terry Farris: Trial from Feb 6 to 8. Indicted for 5 counts of Robbery Affecting Interstate Commerce, 2 counts of Brandishing a Firearm During a Crime of Violence. Verdict: Guilty as indicted. Prosecution: Karen Hartridge, Kevin Whitmore. Defense: Stephen Leffler.

4. Miller v. Methodist Healthcare and Chinenye Uchendu, M.D.: Trial from Feb 27 to Mar 7. Complaint for Medical Malpractice. Jury verdict for Defendant Uchendu. Defendant Methodist settled with Plaintiff during trial. Attorneys for Plaintiff: Austin Rainey, Rachel Putman, Jonathan Benfield. Attorneys for Defendant Uchendu: Kevin Baskette, Joseph Miller.

Attorney for Defendant Methodist: Craig Conley.

5. USA v. Larry Bates, Chuck Bates, Robert Bates, Kinsey Bates: Trial from Apr 3 to May 2. All defendants indicted for conspiracy to commit mail fraud and conspiracy to commit wire fraud; Larry indicted for 29 counts of mail fraud, 16 counts of wire fraud; Chuck indicted for 15 counts of mail fraud, 3 counts 28

of wire fraud; Robert indicted for 5 counts of mail fraud, 3 counts of wire fraud; Kinsey indicted for 1 count of wire fraud. Verdict: All defendants found guilty as indicted. Prosecution: Larry Laurenzi, David Pritchard. Defense: Randy Alden, Mary Cay Robinson (for Larry); Mike Stengel (for Chuck) Art Quinn (for Robert); Jack Irvine (for Kinsey).

MAYS (SENIOR STATUS) 6. Derico Golden v. Mirabile Investment Corp, d/b/a Burger King: 14-cv-2463 Trial from Feb 21 to 27.

Complaint for Discrimination based on race, sex and age. Verdict: For Defendant. Attorney for Plaintiff: Kathleen Caldwell. Attorneys for Defendant: James King, Kerby Bowling.

7. USA v. Jeremy Brown: Trial from Feb 28 to Mar 3.

Indicted for Felon in Possession of a Firearm. Verdict: Guilty as indicted. Prosecution: Karen Hartridge, Marques Young. Defense: Peter Oh, Tyrone Paylor.

8. USA v. Paul Edward Robinson: Trial from Apr 3 to 5. Indicted for 2 counts of Forging Endorsements on U.S. Treasury Checks, 2 counts of Theft of Government Property. Verdict: Guilty as indicted.

Prosecution: Carroll Andre. Defense: Peter Oh. 9. USA v. Marcus Dotson: 16-cr-20142. Trial from Apr 10 to 12. Indicted for Felon in Possession of a Firearm. Verdict: Guilty as indicted. Prosecution: Karen Hartridge, Jerry Kitchen. Defense: Peter Oh, Tyrone Paylor.

10. USA v. Gregory Craft: Trial from Jun 5 to 7. Indicted for Felon in Possession of a Firearm. Verdict: Guilty as indicted. Prosecution: Lauren Delery, Jerry Kitchen.

Defense: Ned Germany.

MCCALLA (SENIOR STATUS) No jury trials to completion this period.

TENNESSEE CHAPTER Memphis Area Members recognized for Excellence in the field of Mediation or Arbitration

Allen BLAIR (901) 581-4100

George BROWN (901) 523-2930

John CANNON (901) 328-8227

Frank CANTRELL (901) 328-8269

Fred COLLINS (731) 686-8355

Trey JORDAN (901) 526-0606

Hayden LAIT (901) 527-1301

Jim LOCKARD (901) 523-2930

Minton MAYER (901) 312-1640

Jerry POTTER (901) 525-8776

Check preferred available dates or schedule appointments online directly with the state’s top neutrals www.TennesseeMediators.org www.TennesseeMediators.org isis free, free, funded funded by by members members

Continuing Legal Education Course Listings Family Law Section Seminars September 20, October 18, November 15 and December 20 Persuasive Strategies for Trial and Mediation: A Quick Compendium September 26 – 1:30 – 4:45 pm In this session, participants will learn how persuasion involves more than just storytelling. You will understand the science and art of effective message delivery and what it truly means to show respect to jurors. Come learn techniques to embrace the juror-centric mindset that leads to persuasion. Presenter: Dr. Samantha (Sam) Holmes is a litigation strategy consultant and profiling expert who has worked in the field of jury psychology for nearly 20 years. She has worked on hundreds of cases and has helped clients in various industries develop effective strategies for trial, arbitration and mediation. She has also developed profiles of favorable and unfavorable jurors and has helped clients select juries in civil and criminal cases all around the country. Dr. Holmes is a native Memphian who earned her B.S. in Psychology from the University of Memphis and her Ph.D. in Social Psychology at the University of Michigan in Ann Arbor

Business Torts Update: Breaches of Fiduciary Duties, Covenants Not to Compete, Trade Secrets, Etc. September 27 The Business of Sole/Small Practice Ownership September 28 – 1:30 – 4:45 pm.– 3.0 Hrs General This educational course will provide an overview of the business side of owning and operating a small law practice.

Attorneys who own, or partner in, a small law practice are small business owners and should stay up-to-date on changing ACA, ERISA and Group Benefit topics. Panelists: Jennifer Kiesewetter, Kiesewetter Law Firm, PLLC: Shannon Dyson, Shoemaker Group Benefits: Cham Crabtree, Shoemaker Financial and Jacob Norman, Shoemaker Financial 30

Orders of Protection October 4 – 1:30 – 4:45 pm – 3.0 Hrs General Want to do good but don’t know how? This seminar will cover the Order of Protection hearing from start to finish and teach lawyers with no experience how to represent the litigant.

Human Trafficking October 5 More information coming soon

2017 Estate Planning Series October 5, 18 & 26 More information coming soon

Bankruptcy & Environmental Court & The Neighborhood Preservation Act Intertwine October 10 – 12:00 – 1:00 pm – more information coming Living with Student Loan Debt October 11 – 2:00 – 5:15 pm – 3.0 Hrs General Student loan payments come down to a balance of emotions, mathematics and sustainability. If you are a lawyer with student loan debt, how does anxiety affect your decisions in career, lifestyle, and payment plan? Can you sustain your payment plan no matter what life throws at you? What are your federal repayment options? Do you qualify for loan forgiveness? Presenter: Cham Crabtree, Shoemaker Financial / Loan Consolidation: Income-driven Repayment Plans; Public Service Loan Forgiveness; Collection Suits; Default vs. Delinquency; Federal vs. Private Student Loans; FDCPA Issues; FCRA Issues; Bankruptcy Options; and Administrative discharge for Total Permanent Disability, False Certification and other remote possibilities. Presenter: Bruce Ralston, Esq.

The Supreme Court & Creating CLEs October 13 – Co-sponsored with Ole Miss CLE. More information coming Annual John Dice Wellness Seminar October 18 – 12:30 – 4:45 pm – 4 Hrs Dual Mental Health: Benefits of Mediation & Walking Mediation; Physical Health: Your Diet & Your Lifestyle; Emotional Health; Healthy Ways to Manage Stress; Humor in the Law. Included in your registration: The Shot Nurse (B-12 or Flu Shots, Blood Pressure checks) Chair massages by Massageon-the Go and Door Prizes.

ADR Section Annual Seminar October 19 – more information coming Understanding Contempt October 20 – 12:00 – 1:00 pm – 1 HR General This seminar will cover comparing civil and criminal contempt from pleadings to final judgment. Presenter: Ron Krelstein, Esq.

The Hero Journey: Your Career in Law Seen Through the Lens of Joseph Campbells’ Monomyth December 19 Presenter Joshua Green, a historian, documentary filmmaker and Adjunct Professor of Religious Studies (ret.) at Hofstra University. He has produced several films for PBS, including “Witness: Voices from the Holocaust,” “Hitler’s Courts: Betrayal of the Rule of Law in Nazi Germany,” and several literature-based children’s films. His books include Justice at Dachau (Random House), the story of the largest yet least known series of Nazi trials in history, and Here Comes the Sun (John Wiley), a bestselling biography of George Harrison. In the 1990s, he served as Director of Programming for Cablevision, then accepted a post as Senior Vice President at Ruder Finn, where he advised faith communities on their role in peacekeeping initiatives

Last Minute Buy-the-Hour Seminar December 28 More details coming soon. You can attend as many hours as you need. The deadline for completing your 2017 hours is midnight Dec. 31, 2017. This year we are going out East.

Crimmigration Seminar November 1 – 2:00 – 4:30 pm – 2.5 Hrs General Immigration Consequences of Criminal Convictions – Presenter Dr. Alicia Triche and Competent Immigration Advice to the Criminally Accused – Presenter Barry McWhirter

Bankruptcy Section Annual Seminar November 3 – more information coming Bridge-the-Gap Seminar November 14 – more information coming

SERVICE l QUALITY l COMMITMENT At IPSCO, SERVICE always comes first . . . you deserve it . . . and we will provide it.

Labor & Employment Law Section Annual Seminar December 1 – more information coming Annual Professionalism Seminar December 13 – more information coming

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We have a proven track record of our ability to serve, the quality of our products and our COMMITMENT to MBA members. We know things are tough out there and we’re here to help. Give us a chance to show YOU our commitment — give us a call today.

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The law firm of Baker Donelson has named ANGIE C. DAVIS vice chair of the Firm's Labor & Employment Group.

The role was previously held by Timothy B. McConnell, who will continue to focus on his labor and employment practice with the Firm. Ms. Davis, a shareholder in Baker Donelson's Memphis office, partners with clients on all aspects of employment issues and will maintain her practice, which includes high level investigations of claims involving discrimination and/or harassment under Title VII, the Tennessee Human Rights Act or the ADEA and the drafting of clients' responses to subpoenas, attorney demand letters, and state and federal agencies such as the EEOC or NLRB. The law firm of Glassman, Wyatt, Tuttle, & Cox, P.C., is proud to announce the recent addition of EDWARD L. BRUNDICK III, Esquire, CIMA®, CFP® as an associate.

Brundick will represent the firm’s clients in a variety of civil litigation practice areas. He is a Certified Investment Management Analyst (CIMA®) and Certified Financial Planner (CFP®) with an extensive background in the financial field, having worked as an Adjunct Professor in the Finance Department of the University of Memphis, where he taught undergraduate and graduate Real Estate Finance classes.

The National Academy of Family Law Attorneys has recognized the exceptional performance of Tennessee’s Family Law Attorney JESSICA FARMER FERRANTE as a 2017 Top 10 Attorney Under 40 for the State of Tennessee. She is a resident of Rossville, Tennessee, began working at Rice, Amundsen & Caperton, PLLC as a law clerk. Mrs. Ferrante was hired on as an associate attorney after she graduated from the Cecil C. Humphreys School of Law in May 2012.

AMBER FLOYD has been recognized by the ABA YLD as one of its 2017 On the Rise—Top 40 Young Lawyers. This list provides national recognition for ABA young lawyer members who exemplify a broad range of high achievement, innovation, vision, leadership, and legal and community service. Amber is a Senior Associate at Wyatt, Tarrant & Combs, LLP in Memphis, Tennessee. She concentrates her practice in the areas 32

of commercial litigation and construction. Amber has served in leadership roles in several bar associations and currently serves as the Diversity Committee Chair for the Young Lawyers Division of the Tennessee Bar Association (TBA-YLD) as well the Access to Justice Chair for the Memphis Bar Association (MBA).

Burch, Porter & Johnson, PLLC announced that TANNERA G. GIBSON has become a member of the firm. She is the first African American female to become a partner in the firm.

Ms. Gibson is a native Memphian whose practice focuses on employment law and general civil litigation. She received a B.S. in Computer Science from the University of Memphis, and worked as a software analyst prior to graduating from the University Of Memphis Cecil C. Humphreys School Of Law in 2008. During her time at the law school, she co-founded the Benjamin L. Hooks Chapter of the Black Law Students Association.

Lewis Thomason has announced that ANDREA N. MALKIN has been named the managing shareholder of the firm’s Memphis office. Malkin focuses her practice in medical malpractice defense, products liability defense, and personal injury defense. Andrea has been with the firm for over 20 years and has been a shareholder since 2003. She is succeeding Michael E. Keeney who has served as the firm’s Memphis office managing shareholder for almost ten years. Keeney will remain with the firm.

Baker Donelson announces the arrival of CADE MORGAN to the Firm's Memphis office. Mr. Morgan joins as an associate in the Firm's Tax Group and his practice includes transactional tax planning associated with mergers and acquisitions, entity formations, estate planning and wealth transfer planning.

He has represented taxpayers before the Internal Revenue Service, Tennessee Department of Revenue and the Tennessee State Board of Equalization. He has also advised clients with complex state and local tax and ERISA issues, in addition to providing federal tax advice to non-profit organizations.

Butler Snow is pleased to announce that RANDALL D. NOEL has been elected to the American Bar Association’s Board of Governors. Noel is engaged in a civil trial practice, with an emphasis on commercial, banking, antitrust, data security, and products liability matters. He is a former President of the American Counsel Association, the Tennessee Bar Association, the Tennessee Legal Community Foundation, and the Southern Conference of Bar Presidents.

LUCIAN T. PERA was officially sworn in as President of the Tennessee Bar Association (TBA) on Friday, June 16, during the organization’s annual convention at the MeadowView Marriott Resort. A Memphis native, Pera has practiced law in his hometown since 1986. He served for 20 years with Armstrong Allen PLCC before joining and helping open the

Memphis office of Adams and Reese in 2006. Pera graduated from Princeton University with honors and earned his law degree from Vanderbilt University School of Law in 1985.

Stites & Harbison, PLLC welcomes attorney HERBERT B. “BERT” WOLF JR. to the firm as a Member (Partner) in the Business Services and Trusts & Estate Planning Groups. He will serve clients from the firm’s offices located in Memphis and Nashville. Wolf assists individuals and organizations at every stage of business, from formation and raising capital to tax structure and operations planning, and the development of all types of growth strategies, including acquisitions, mergers, and reorganizations. Before joining Stites & Harbison, Wolf was a Partner at Husch Blackwell LLP. t

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Amber Floyd Angie C. Davis Herbert B. “Bert” Wolf Jr. Andrea N. Malkin

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Edward L. Brundick III Lucian T. Pera Randall D. Noel Tannera G. Gibson

SUBMIT YOUR NEWS AND UPDATES ONLINE AT: WWW.MEMPHISBAR.ORG/BLOG/SUBMIT-CONTENT

If you are an MBA member in good standing and you’ve moved, been promoted, hired an associate, taken on a partner, or received an award, we’d like to hear from you. Talks, speeches, CLE presentations and political announcements are not accepted. In addition, we will not print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers). Notices are limited to 100 words; they are printed at no cost to members and are subject to editing. E-mail your notice and hi-resolution photo (300 dpi) to knewsom@memphisbar.org.

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