Memphis Lawyer - Volume 36 Issue 1

the magazine of the Memphis Bar Association

Vol. 36, Issue 1

Circle Process: Healing the Legal ProfessionAn Interview with Judge Steve Hornsby

THIS ISSUE:

The New MemphisBar.org

The Sound of the Ocean is Calling!

Cloud-Based Billing Software: Which One is Right for You?

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Volume 36, Issue 1

FEATURES 8

Circle Process: Healing the Legal Profession An Interview with Judge Steve Hornsby

BY CINDY PENSONEAU

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The New MemphisBar.org

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The Sound of the Ocean is Calling!

BY NICOLE M. GRIDA

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Cloud-Based Billing Software: Which One is Right for You?

BY SEAN HUNT

COLUMNS 6

President’s Column

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Community Legal Center Celebrates 25th Anniversary

BY ANNIE CHRISTOFF

20 MALS Corner: MALS Approaching 50

BY RITA GIBSON RAYFORD

22

Circuit Court Report

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United States District Court

27

Memphis Lawyer Word Search

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People in the News

30

Classified Advertisements

BY STEPHEN LEFFLER

BY DEAN DECANDIA

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MEMPHIS LAWYER

2019 MBA Officers

the magazine of the Memphis Bar Association

MBA Publications Committee Stephen Leffler, Chair Nicole Grida, Vice Chair Lucie Brackin, Executive Committee Liaison Preston Battle Leslie Byrd Karen Campbell Dean DeCandia Chastity Sharp Grice Sean Hunt Kendra Lyons Harrison McIver Jared Renfroe Jake Strawn Charles Summers Ellen Vergos Christy Washington

The Memphis Lawyer is a publication of the Memphis Bar Association, Inc. that publishes four 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 Carole Doorley at 271.0660; cdoorley@memphisbar.org The MBA reserves the right to reject any advertisement or article submitted for publication.

Annie Christoff President

Lucie Brackin Vice President

Terrence Reed Maggie Roney Lauran Stimac LaQuita Stokes Josh Wallis Christy Washington Estelle Winett

Past President

ABA Delegate Lucian Pera AWA Representative Bailey Walden

Section Representatives Laurie Christensen Anne Davis Frank Day Chasity Grice Ruthie Hagan Joe Kirkland

Law School Representative Jodi Wilson NBA Representative Ed Peyton YLD President Natalie Bursi

MBA STAFF

Anne Fritz

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Earle Schwarz

2019 Board of Directors David Bearman Sherry Brooks Frank Cantrell Hon. Phyllis Gardner Leslie Gattas Tannera Gibson Nicole Grida Hon. JoeDae Jenkins Adam Johnson Steve Leffler Matt May Jim Newsom Jennifer Nichols Hon. Shayla Purifoy

Executive Director

The Memphis Bar Association 145 Court Ave. Suite 301 Memphis, TN 38103 Phone: (901) 527-3573 Fax: (901) 440-0426 www.memphisbar.org

Peter Gee

Secretary/Treasurer

Lesia Beach

CLE/Sections Director

Carole Doorley

Communications and Marketing Director

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PRESIDENT'S COLUMN

By ANNIE CHRISTOFF, MBA President

T

he mission of the MBA is to help you make your life and your practice the best they can be. That goal means different things to different people at different points in their career. Maybe you are newly graduated and aren’t sure how to get started. Maybe you are new in town and just need to meet people. Maybe you have identified your area of passion and expertise and want to work with and learn from others in your field. Maybe you are at the top of your game but could benefit from connecting with others who face the same pressures and stress. Maybe you are driven to use your skills to make our profession and our city better.

These interests may seem disparate, but they are interests the MBA has been serving for almost 150 years. To borrow a phrase from Mayor Strickland, my focus this year is on making the MBA brilliant at the basics. That means we should improve and refine our core functions to make sure your needs are being met.

We have great programs in place that we are going to build on: our Access to Justice Committee connects you to opportunities to make a difference, our CLE Committee keeps you learning and growing, our Membership Committee gets you the most out of your MBA experience, our Wellness Committee keeps coming

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up with new ways to improve your life, our Publications Committee informs and entertains you, our Sponsorship and Budget Committees ensure the financial good health of the MBA, our Professionalism Committee keeps our responsibilities and ethical foundation strong, our Summer Law Internship Program develops young talent, the Center for Excellence in Decision-Making trains our leaders to push Memphis forward, our Law Week and Outreach Committee offers even more opportunities to engage our community, and of course our Social Committee strengthens our relationships and helps us unwind. Not to mention our amazing Sections that keep you connected to each other and educated on what matters most to your practice.

And an extra special mention has to go to our Bench Bar Committee, which is taking us back to the beach this year! Their efficiency, creativity, and hard work is going to make this year’s Bench Bar the most fun, productive, and profitable it has been in years.

The MBA can’t be all things to all people, but if you are an attorney in the Memphis area, we have plenty of offer you, and I know you have even more to offer us. So ya’ll come see us! 

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Circle Process: Healing the Legal Profession

an Interview with Judge Steve Hornsby

By CINDY PENSONEAU

I

was fortunate to first meet Steve Hornsby at the TBA Annual Convention in Memphis in June 2018. The topic of discussion - the August 2017 Report of the National Task Force on Lawyer Well-Being and how the ABA, the National Task Force and Tennessee stakeholders are taking seriously the call to action to heal mental health problems in the legal profession. The Report shows that lawyers are suffering from higher than average rates of mental illness, including but not limited to addictions, depression and suicide, and it provides recommendations and guid-ance for bar associations, law schools and law firms to improve the mental health and well-being of lawyers.

After a few hours of information from judges, lawyers and other stakeholders, including Tracy Kepler, Director of the ABA Center for Professional Responsibility, West Tennessee’s own Judge Hornsby led a brief meditation to close the seminar.

The guided 7-minute meditation changed the look on the faces on attendees, and it shifted the energy of the room to be more calm, kind, and full of ease. Do not forget – this was not a yoga class or a religious ceremony – it was a room full of serious lawyers and judges from around the State.

courses intended to give lawyers and legal professionals an opportunity to experience the restorative capabilities of Circle Process. The first Circle Process of 2019 was titled “Vicarious Trauma: When Another’s Pain Becomes Our Own – Science, Solutions and Circle.”

With quarterly Circle Process scheduled at the MBA this year, I wanted to give the reader an overview of Circle Process and an introduction to Steve Hornsby.

Judge Hornsby and I recently sat to speak about Circle Process and his experience having led over 100 circles with various organizations and groups in healthcare, the legal profession and spiritual and recovery groups.

I had to leave quickly at the end of the day and was disappointed I could not chat further with Judge Hornsby. However, to my pleasant surprise, Judge Hornsby attended an MBA Wellness Committee meeting soon thereafter! Since then, Judge Hornsby has been sharing his wealth of knowledge with the MBA Wellness Committee, drawing on his experience as a lawyer, judge, coach, trained Circle Process facilitator and Mindfulness practitioner for the past 48 years.

How would you describe Circle Process?

On January 29, 2019 Judge Hornsby led the first of the MBA Wellness Committee series of Circle Process

It’s a way of having an intentional, meaningful conversation about any topic, from an information

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sharing topic to a difficult topic on a sensitive issue that needs to be discussed, or it can be an opportunity for a celebratory conversation, like the transition to a new job or a big move or a birth of a new baby. Circle Process creates a structured environment where every-body’s voice can be heard, no matter how introverted they might be. While everyone is wel-comed to speak and given an opportunity to speak, they are not compelled to speak, and every-one listens while each member in the Circle holds the floor. It uses a talking piece, much like the way indigenous people used to talk through issues, and it is passed one at a time around the circle. I call the talking piece a “power piece” because the holder of the talking piece is the only one talking, and the other participants listen actively and honor the person who is speak-ing. The person holding the piece has a duty to speak truthfully, authentically and respectfully, and to be succinct so as not to ramble and take over the conversation.

What have you seen happen in circle?

I’ve seen amazing things happen. People say things they would have never felt safe and com-fortable saying without the safe container of the Circle.

What do you mean by “safe container”?

We first create guidelines that the group agrees upon, by consensus. The guidelines generally include not being critical or judgmental, which allows a safe space to emerge. It is confidential, and for groups like the MBA with lawyers, it is also client confidential. It is a structured space for having an intentional conversation.

Why is this appropriate for lawyers?

Circle is so good for lawyers because in our profession it is hard to connect, and we tend to iso-late. Connection and community are basic human needs. When you read the recent research and surveys about lawyer wellness, and quite frankly the lack of wellness in the legal profession, isolation comes out as prevalent in the field, causing mental illness. This isolation can be particularly true for judges. Lawyers and judges find themselves withdrawing

and shutting up or shutting off because they can’t talk about their lives. Circle is a good way to open lines of communication and connect with the compassionate part of ourselves. Circle creates a way to share what we are going through and still maintain confidentiality. When I am listening to another person, it opens up the compassion within me. When I feel compassion for another person, something happens within me that is beneficial for me, like a burden has been lifted off me.

What can you recall about your early experience with Circle Process?

When I first began doing Circle, I found that by listening actively to others and then having the opportunity to talk about something pressuring me, I was able to get it out of me and no longer had that issue cooped up in my mind. I created space between the issue in my head and me. That space let me feel better, like I became more spacious and found a lighter sense of being, and I wasn’t carrying around the issue as much. I found that it was refreshing, restorative, and I realized there was something very real happening for me through Circle Process.

Would you call this therapeutic?

Yes, but I would say it is not group therapy. Some folks say this sounds like group therapy. It is not group therapy because we have no clinical agenda, no clinical supervision and no clinical purpose. However, it is definitely beneficial and provides an intrinsic benefit.

What if someone comes to Circle who is doubtful, skeptical and does not want to participate?

If someone does not want to be there, they are free to leave anytime, and it is totally voluntary. Nobody’s making anyone do it. I haven’t had anyone say it was not worthwhile if they stuck with it and completed the Circle. What has happened more often with folks who are reserved is that those folks open up slowly, and by the end those folks are saying “I didn’t know what to expect, and this is far better than anything I could have expected.”

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What if issues are not fully addressed in Circle in the time allowed?

For one thing, that is why Circle is good to have on a regular basis, like weekly or monthly, so things can be processed, or I will meet one on one for coffee or lunch with someone. Circle helps folks find their own path because the process encourages reflection. We wind up becoming more comfortable being contemplative, finding our own solutions, finding the inner voice, the deeper more reflective part inside. Christians may call it the Holy Spirit, and Buddhists may call it the inner guru or teacher. When we are quiet and listening, we can come to understand our own inner voice. For me, Circle has given me more tools to help deal with issues.

How has Circle Process influenced your life?

When I sat in Circle for a three-day process, I knew something shifted and changed in me.

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Thereafter, my wife Laura Maria and hosted spiritual based circles in our former home in Nashville. I became such a believer in Circle Process because I found that I got so much out of it from listening to other people in the circle. It turned out to be that sitting in Circle on Sunday mornings with 6-12 folks, getting to know them over time and listening and watching and par-ticipating gave me a depth of understanding. I gained so much that came out of other people, their own reflection and wisdom being shared in the group was awesome and astounding to me. It was so awesome to me and has changed my life and my work.

In my coaching practice I like to help people reconnect their right-side brain, their subjective side that is more likely to be contemplative and in touch with the inner teacher, and the left side brain that is always looking outward and reacting based on external circumstances.

Circle is a good way to get lawyers who spend a lot of time over in the left brain over into an envi-ronment that is conducive to thinking from the right brain. It can be a more soul centered ap-proach, a more intuitive part of ourselves where we can tap into our inherent happiness.

You can find Judge Steve Hornsby at the next Circle Process which will be held at the MBA offices on April 16, 2019 and at www.JudgeHornsby.com and at many MBA Wellness Committee events. See the MBA Wellness Committee Facebook page (facebook.com/ MemphisBarWellness) and “like” us! 

The New

MemphisBar.org

B

eginning in December, the Bar Association not only migrated to a new membership database but also a new website/online portal. While we are still making changes and rolling out updates every few weeks, there are some great things already in place that you can access. Note: With the upcoming retirement of Windows 7 & Internet Explorer, you must use an updated browser to access the page. (Edge, Firefox, Chrome, Safari)

New CLE Calendar/ Registration From the homepage, click “Calendar” in the top navigation menu to view all upcoming events. You can sort by type (Live CLE, Webinar or OnDemand) and in the next month we’ll be adding more non-CLE events (Social events, meetings, etc.)

After choosing the CLE you wish to attend, begin the registration process by entering your name & email.

If you are an existing MBA member, you’ll be prompted to login - like the old system, this will make it easier to complete your registration. If you’re registering someone else, all you need is their contact information to proceed.

Member Center This is where you can view your member dashboard. If you need to reset your login, email info@memphisbar.org.

The dashboard shows announcements, documents, upcoming CLEs and events, payment history/invoices and more! We encourage you to spend some time getting to know the new features as we are continuing to add more content and functionality.

MBA Blog Another exciting feature is our new blog. Not only will we be able to share updates and features in a more timely manner, but we will also begin to feature more content from our members. If you’re part of a section or committee that wants to promote an upcoming event, share updates about a recent effort or simply have something you’d like to share, let us know by emailing info@memphisbar.org.

Coming Soon Keep checking in for more updates. You’ll see big changes with our resources page, more information about our sections & committees and additional features that we’re excited to share with you. 

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Community Legal Center Celebrates 25th Anniversary

W

hat a milestone year this is for the Community Legal Center! 2019 marks the 25th anniversary of the creation of the CLC. Members of the Association for Women Attorneys formed the CLC in May 1994 as the AWA Family Mediation Center with a mission to provide free mediation services to people of modest means. In 1995, recognizing that mediation alone could not meet this population’s need for legal services, we established a legal services program and clinic to provide civil legal representation for those with incomes above poverty but below a living wage. Many were involved in making this happen, but it was largely the result of the vision and dedication of Mary Jo Miller, first as a law

student member of the AWA, then as a newly licensed attorney, and Elmore Holmes, a prominent Memphis attorney. Both received state-wide recognition for their work in establishing and nurturing the organization as recipients of the Harris Gilbert Pro Bono Award.

Volunteer lawyers have played a pivotal role in the work of the CLC from the beginning; for several years, the work of the CLC was conducted exclusively through placement of pro bono cases with private attorneys.

Today, CLC is staffed by an administrative team as well as seven attorneys providing legal services. We still recruit and mentor pro-bono attorneys to handle both civil and immigration cases, along with other volunteers, including translators, law students, and college students.

Some of our programs are long-standing, others more recent. In 2004, with the support of the Administrative Office of the Courts, the CLC established the Pro Se Divorce Clinic at the Courthouse. The Clinic is still in operation today. Each day, a CLC attorney helps selfrepresented litigants prepare filings, establish parenting plans and provide for child support (since 2015, we’ve helped obtain close to $1 million in child support). The Immigrant Justice Program, established in 2006, serves lower income persons with immigration needs including those with cases before Memphis Immigration Court. To date, we’ve assisted immigrants from 51 countries with a wide range of immigration matters; over 80% of those we currently assist are women and children who have suffered gender-based violence, brutal domestic assault,

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or human trafficking. The CLC works extensively with victims of elder abuse through our participation in the Coordinated Response to Elder Abuse (CREA) program.

Since the initial grant funding by The Plough Foundation in 2015, the CLC has assisted over 125 abused elders through this program.

What lies ahead? The CLC will continue evolving to fill justice gaps in Memphis. Some examples: Last year, we expanded our civil program to provide services

to immigrants in Memphis regardless of their citizenship status. In recent months, we have begun representing refugees through collaboration with Asha’s Refuge in the wake of Catholic Charities’ decision to cease providing those services.

As Memphis celebrates its 200th anniversary, please join the Community Legal Center in celebrating our 25th anniversary. 25 years changing lives, one case at a time. 

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The Sound of the Ocean is Calling!

M

By NICOLE M. GRIDA, CHAIR, Bench Bar Conference Committee

ake sure to join us as we head back to the beach for this year’s Bench Bar Conference. From April 11, 2019 through April 14, 2019, judges and attorneys from Memphis and beyond will return to the Emerald Coast to earn CLE credit, network, and take some time to refocus while enjoying all that the Sandestin Golf and Beach Resort and surrounding area has to offer. We are excited to take advantage of the amazing event space at Bayside Conference Center located adjacent to the resort.

Katy Ramsey will discuss how the lessons learned from medical-legal partnerships might influence the move towards a multi-state bar license while Professor Lynda Black and Jana Lamana will guide attendees through the intricacies of the evolving area of surrogacy law. Finally, the Conference will conclude with our Sunday Ethics Brunch CLE headlined by Judge Bobby Carter. Rest assured that many other topics will be covered, but I simply did not have enough room to list them all here.

As always, the CLE Subcommittee led by Adam Johnson has secured speakers from a wide range of practice areas resulting in a variety of plenary and concurrent sessions sure to appeal to all members of the bench and bar some of which are highlighted below.

Once again, our popular judicial dine arounds will take place on Friday evening and will provide attorneys with the opportunity to network with judges over a delicious meal. Our Wellness Committee will also host various events during this year’s Conference including daily yoga and meditation, group runs/walks, and the return of our ever competitive beach volleyball tournament. This year all attendees will receive a welcome packet containing a list of local attractions and activities, including kid friendly options, to help them make the most out of their time in the Sandestin area.

Keynote Speakers Shelby County Mayor Lee Harris and City of Memphis Mayor Jim Strickland will present about lawmaking at the state and local level and legal issues facing the Bluff City respectively. At Friday’s YLD Sunset CLE, Deb Ireland will provide valuable insight into the multitude of ethical issues associated with social media. Former United States Attorney for the Western District of Tennessee, Ed Stanton, III will explain how attorneys can best advise and counsel a client when the federal government comes knocking on her door. Trial and appellate lawyers will have the chance to hear from a panel of former state and federal law clerks who will provide variable insight into what really matters to judges.

The law school will also be well-represented as Professor

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Thanks to the generosity of our sponsors and the tireless efforts and support of the Bench Bar Conference Committee and MBA Staff, I am proud to say that the Bench Bar Conference remains one of the best programs our bar association plans every year. So what are you waiting for? Visit www.bitly.com/2019MBABENCHBAR to view the full Conference schedule and reserve your spot on the beach! 

Start Close In A David Whyte poem from River Flow: New & Selected Poems

Start close in, don’t take the second step or the third, start with the first thing close in, the step you don’t want to take.

Start with the ground you know, the pale ground beneath your feet, your own way to begin the conversation.

Start with your own question, give up on other people’s questions, don’t let them smother something simple.

To hear another’s voice, follow your own voice, wait until that voice becomes an intimate private ear that can really listen to another.

Start right now take a small step you can call your own don’t follow someone else’s heroics, be humble and focused, start close in, don’t mistake that other for your own.

Start close in, don’t take the second step or the third, start with the first thing close in, the step you don’t want to take.

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Cloud-Based Billing Software: Which One Is Right for You?

by SEAN HUNT

A

lthough I have been practicing law for over 20 years, I can truly say that most of my time tracking and billing were performed by computers.

Even in the earliest days, used a spreadsheet or a table in Quattro Pro or WordPerfect to keep track of my daily time entries.

I do, however, remember those days of older partners who wrote their time on little slips of paper and provided them to their secretaries or someone in the billing department to be placed into a computer system for ultimate billing. Either way, a computer was involved.

I also remember stories about small and solo law firms who kept track of their time utilizing an Excel spreadsheet and generating bills and invoices manually from those documents. By today’s standards, that seems archaic. But even still, most practitioners have resisted the temptation to switch to a cloud-based billing software.

Even as programs such as Amicus, Abacus and Tabs migrated their own software to the clouds, many of us still like the idea of paying a one-time fee and getting our software downloaded or installed on our own computer.

But, in this day and age where computer viruses, Trojans, worms and malware threaten our data security, it becomes necessary that the software that we use is ever evolving and constantly updated. This means that the ubiquitous computer server sitting in the firm’s computer room which houses the Amicus parent program and attaches to other computers through a client is now more 16

problematic than you might think. Frequent downloads of updates can be time-consuming and expensive.

As a result, many practitioners have turned to the concept of Software As A Service (SAAS) which we now call cloud-based software. The concept is simple, the practitioner pays a monthly or yearly fee for access to the software and creates a customizable platform to utilize for billing, case management, client management, and more.

In fact, the concept has become so popular that the number of cloud-based billing software for legal practitioners has grown so much that listing all of them here in this article is beyond the scope of this entire magazine. But there are a few that are relatively well known and popular enough to be considered close to the top of the market. Those companies and services, in alphabetical order, include but are not limited to the following: AbacusLaw, Bill4Time, BillQuick, Chrometa, Clio, FreshBooks, MyCase, PracticePanther Legal, Rocket Matter, Tabs3, Time59 , Timeslips, TimeSolv, and Zola Suite.

When researching the best software for your needs, there are some considerations to be considered. First, and foremost, for the small firm and solo practitioner, the biggest consideration might be price. before making your decision solely on price, ask yourself the following questions: Does this software • adequately and inexpensively satisfy your customized needs?

• integrate with or replace your accounting software?

• provide you with the necessary data metrics and reports for evaluating your firm’s financial performance?

And, like with cloud-based document storage, how much access does the company have to your client’s data and who owns that data in the event of loss?

Although most of the software companies provide a free short-term trial of their software, the truth of the matter is that you don’t have time to try all the possible options out there. In fact, for most of us, the time necessary to customize and make a software manageable and workable for our needs is too much to consider migrating to another platform in a few weeks for no other reason than to try out a new system. Here are some considerations while researching platform options:

User Interface Should Be Intuitive and Easy to Navigate.

While this might not seem like a big deal at the very beginning, you will find that the user interface is one of the things that you will utilize most about any given software. As you use the software to complete tasks that you will need to undertake thousands of times per year, it should be easy and intuitive. If they are not, you may find yourself making mistakes that will cost you in the long run.

Accounting Software Integration.

Some billing software companies provide their own version of accounting software with their billing program. If you are familiar with accounting concepts and processes, this might be the best way to go. If you utilize an accountant for our company’s financial accounting, it may be necessary for your program to integrate with the program your accountant is most familiar. So, ask yourself if the program has a bridge or other integration tool that will allow you to utilize your accounting software alongside your billing software.

Project Management Software Included or Not. Many of these software programs also include project management functionality, including a calendar, email, contacts, to do lists, reminders, and more, which could replace your Outlook, OneDrive/G Suite needs. The advantage of this, is that as you look at emails and calendar events, you can also see time and billing information on the same file. There are two drawbacks of utilizing this type of software. First, it tends to be more expensive than those cloud-based billing companies who offer 17

less functionality. Second, it also means that you must spend more time setting everything up and inputting more information in order to utilize that functionality, something that ultimately you may find there is not enough buy-in for the features to warrant the extra time and effort. If you don’t end up utilizing this feature, it will not justify the extra expense.

Data Ac cess Is Comprehensive and Easy to Customize.

Most of us don’t think about accessing the data that is in a legal billing program, even though the program is just a very specific type of database. Thus, the information that we want from that database may require us to run a specific report or query in order to get the information from the program.

• Can the program provide you with a listing of outstanding and unpaid invoices?

• Can the program translate and output your billing in LEDES format if your client uses one of the popular bill auditing services?

• Can your program tell you how much is billed on a matter and how much remains unbilled?

• Can your program provide you with pre-bills for your invoices for a draft review before the final invoice is created?

• Can your program keep track of payments of invoices?

Can your program email invoices to your client and/ or accept payments online from your client?

Mobile Platforms Available.

In today’s world, we’re not at our desk the entire day. And we don’t want to wait until we get back to the office to track in time for something that we might have done while out of the office. The concept of having some type of mobile access to our billing software is not only desirable, it is imperative. In order to make sure that we don’t lose or forget to bill time for a specific task, it is better to bill for that time immediately after completing the task. That means having a client for your cloud-based billing software somewhere either on your mobile device.

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Data Content Is Easily Customizable.

Many cloud-based billings software programs may not easily lend themselves to your business model. For example, a cloud-based program that I once used had to be coaxed to bill clients based on files and matters rather than billing them all together for all the files and matters a client may have. But a customizable program will allow you to create the billing structure that is common for your practice.

So, make sure that the program you choose is customizable to provide either method. Another example of customization that you may want to consider is the number of customizable data fields available for you to customize and track. That is, for example, do you need ABA Codes available with your time entries? Do you need to be able to bill for both hourly matters and matters that are flat fee or on a contingency basis? Do you need to be able to transfer and track money deposited in and withdrawn from the trust account? So, keep in mind that the program you choose needs to be flexible enough to be changed to your business model.

Remember, no matter which of the cloud-based billing software you decide to adopt, it is best to try a trial basis first. Migrating your data and prior information is time-consuming and expensive. You don’t want to duplicate this effort too many times. But, likewise, you don’t want to adopt a new billing program just to find out it does not suit all your needs sometime after you have committed both the time, effort and financial resources toward instituting a program.

Creating a test program.

If you are going to do a trial basis of multiple programs, test each program on the same main features that you need for your business.

• integration with QuickBooks, • the ability to create pre-bills, • the ability to keep track of your client’s payment of invoices • the ability to provide you with a list of outstanding and unpaid invoices, to name a few.

Then, you can evaluate your options based upon how well that program meets your needs and in the most economical fashion. Good billing! 

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Hon. George H. Brown, Jr. (ret)

James O. Lockard, Esq.

Resolute Systems, LLC Mediation, aRbitRation & adR ConSuLting

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MALS

CORNER MALS Approaching 50

by RITA GIBSON RAYFORD

L

ast year was a time of great reflection for Memphis Area Legal Services (MALS) as the world turned its attention to Memphis to honor the legacy of Dr. Martin Luther King, Jr. The city demonstrated its ability to deal with the complex history of inequality, poverty, and the fight for justice in a way that did not minimize the tumultuous times that surrounded Dr. King’s death, but instead utilized that history to inspire all of us to continue his work and face the challenges that remain.

Inspiration is what led 30 attorneys and law students to found MALS’ predecessor, the Neighborhood Legal Services Project (NLSP) in 1968 after the death of Dr.

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King. They understood that as the nation mourned an unflinching and powerful champion of social and economic justice, that they all had a unique responsibility to advocate for individuals whose voices were not often heard and whose access to justice had often been denied.

The NLSP evolved into Memphis and Shelby County Legal Services and in 1970 that organization became Memphis Area Legal Services.

Since its inception, MALS has focused on ensuring “equal justice for all”. However, as the firm approaches its fiftieth year of existence, this milestone has provided the staff, Board of Directors and volunteers the opportunity

to examine the past and begin to plan for the future.

Recently, the staff met with one of MALS’ founders, W.J. Michael (Mike) Cody, and former Mayor of the City of Memphis and Shelby County Mayor, A C Wharton, Jr. (who is also a former Executive Director of MALS).

During their presentations, both spoke about how many of the systemic barriers that vulnerable individuals and families faced in 1968 still exist today. They also emphasized how lawyers can and should strive to increase access to justice. Lawyers’ abilities to identify and analyze issues, adeptly navigate the legal system and facilitate the resolution of conflicts and disputes are powerful tools to challenge unjust systems and create lasting changes within communities.

In 2020, MALS will celebrate 50 years of serving counties in Western Tennessee.

Because of the considerable support that the private bar has provided throughout the years, the organization has grown to more than 50 staff members. The array of legal services that MALS provides has continued to expand as well to include the region’s first medical-legal partnership, specialized advocacy for veterans, projects to address

domestic violence and sex trafficking, and a program to decrease second-generational poverty through legal representation. As MALS plans the events that will commemorate its 50th anniversary, the staff and Board will look to members of the bar for their reflections on MALS’ history and guidance on its future.

In addition, MALS would like to acknowledge the contributions of Harrison D. McIver, III. Mr. McIver led MALS for the past 20 years and recently announced his retirement. Over the past two decades, he worked tirelessly to serve the interests of MALS’ clients and to position the organization as a leader in the legal services community. MALS also thanks David M. Cook for leading the 2018 Campaign for Equal Justice. Mr. Cook has been an unwavering advocate for increasing access to justice. His leadership of last year’s campaign helped MALS raise more than $380,000. Finally, MALS recognizes the incredible contributions of the volunteers and donors who support the firm every year. Without the support of the legal community, MALS would be unable to serve the thousands of individuals who request assistance every year. 

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Circuit Court Report

by STEPHEN LEFFLER

Covers August 1, 2018 to November 2, 2018 DIV. 1: FELICIA CORBIN-JOHNSON

DIV. 2: JAMES F. RUSSELL

1. CT-003014-17: 12-3-18, William Carter v. Frankey Anderson d/b/a Anderson Contractors, Breach of Contract, Jury, Kenneth Margolis for Plaintiff / Counter Defendant, Paola Palazzola-West for Defendant / Counter Plaintiff, Verdict for Defendant / Counter Plaintiff for $22,250.00 (Compensatory Damages: $4,000.00; Attorney Fees: $18,250.00).

1. CT-000410-17: 1-23-19, Deutsche Bank National Trust Company as Certificate Trustee on behalf of Bosco Credit II Trust Series 2010-1 v. April Williams, Breach of Contract, Non-Jury, Robert T. Lieber, Jr. for Plaintiff, Brett B. Stein and Robert Golder for Defendant, Plaintiff Verdict for $26,323.37 ($22,214.42 Debt and $4,108.95 Attorney Fee).

2. CT-004875-17: 2-6-19, David Harris v. Carpet Spectrum, Inc. and Dale Perritt, Negligence / Breach of Contract, Non-Jury, Kevin A. Snider for Plaintiff, Adam M. Nahmias for Defendant, Plaintiff Verdict for $27,600.00.

2. CT-003398-15: 1-25-19, Samantha Lawton-Duthie v. Tresie Wallace, Breach of Contract, Non-Jury, Plaintiff-Counter Defendant, pro se, William R. Bruce for Defendant-Counter Plaintiff, Defendant-Counter Plaintiff Verdict for $10,957,500.00 (Compensatory Damages - $6,957,500.00; Punitive Damages $4,000,000.00) Appeal from General Sessions; Plaintiff-Counter Defendant failed to appear for trial.

3. CT-000201-17: 2-11-19, Glenya Cole-Jackson and Shawn Jackson v. Costco Wholesale Corporation d/b/a Costco, Premises Liability, Jury, Duncan E. Ragsdale and William R. Bruce for Plaintiffs, Karen S. Koplon and Jerry O. Potter for Defendant, Comparative Fault: 40% against Plaintiff – Glenya Cole-Jackson and 60% against Costco; Gross judgment for Plaintiff – Glenya Cole-Jackson - $328,140.32 ($278,140.32 Medical Expenses and $50,000.00 Pain and Suffering) Net Verdict for $196,884.19. No damages awarded to Shawn Jackson. This was a retrial after a previous hung jury.

4. CT-000225-18: 2-13-19, Walter Payne v. Kroger Limited Partnership I, Premises Liability, Non-Jury, Plaintiff Pro Se, Christopher M. Myatt for Defendant, Directed Verdict for Defendant at conclusion of Plaintiff’s proof.

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DIV. 3: VALERIE L. SMITH 1. CT-001644-16: 1-31-19, Deasha Harris, Cornell Jones, Kebony Miller and Kelissia Miller v. Brittni C. Jackson, Auto Accident, Jury, Bill Wade for Plaintiff, Nicholas J. Owens, Jr. for Defendant. Deasha Harris was the Plaintiff Driver. The other Plaintiffs were passengers in Harris’ vehicle. Each driver was found to be 50% at fault so Harris receives zero damages.

Remaining plaintiffs awarded Gross Verdicts as follows: Kebony Miller -$2,625.00, Cornell Jones - $2,666.00 and Kelissia Miller - $2,666.00 for Net Verdicts as follows: Kebony Miller -$1,312.50, Cornell Jones $1,333.00 and Kelissia Miller - $1,333.00.

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

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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

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DIV. 4: GINA C. HIGGINS 1. CT-004334-15: 11-21-18, Carolyn Skinner, Individually and as Next Friend and Legal Guardian of Raymond Skinner, a Minor, and Carolyn Skinner as Next Friend and Legal Guardian of Alyssa Skinner, a Minor v. Christopher T. Logan , Auto Accident, Jury, Gregory D. Mangrum for Plaintiff, Michael L. Mansfield for Defendant, Defense Verdict.

2. CT-002859-17: 12-13-18, Methodist LeBonheur Healthcare v. Delia Smith, Breach of Contract, NonJury, Dewun R. Settle for Plaintiff, Defendant Pro Se, Plaintiff Verdict for $1,722.44.

3. CT-004604-14: 1-25-19, David Kraus, M.D. v.

Consolidated Medical Practices of Memphis, PLLC, Breach of Contract/Negligent Misrepresentation/ Conversion, Jury, James M. Simpson and John R. Hensley II for Plaintiff, Lucian T. Pera, J. Bennett Fox and M. Roxana Rudolph for Defendant, Plaintiff Verdict for $377,923.10 (Negligent Misrepresentation: $376,923.10; Conversion: $1,000.00; Breach of Contract: $0.00).

4. CT-005177-13: 2-8-19, Tiffany Hervery, Jada Hervery and Helen Streeter v. Titus Powell and Quitinnia Robinson , Auto Accident, Jury, Andrew McClelland for Plaintiff, Peggy L. Lee for Defendant, Paul L. Burson for Geico UM, Plaintiff Verdict for $0.00 (Comparative Fault: Plaintiff 30%, Defendant 70%; Jury awarded no monetary damages).

5. CT-004729-15: 2-19-19, Christy Porter, Individually and as Parent and Legal Guardian of Jarah Edwards, a Minor and Joshua Porter, a Minor v. Maureo Simmons, Auto Accident, Jury, Adam Johnson for Plaintiffs, Craig B. Flood II for Defendant, Plaintiff Verdict for Christy Porter for $4,690.78, for Jarah Edwards for $1,463.00 and Joshua Porter for $1,463.00.

DIV. 5: RHYNETTE HURD 1. CT-004145-14: 11-1-18, Simon Miller v. Rebecca Smith and Jennie Smith, Auto Accident, Jury, Louis P. Chiozza, Jr. for Plaintiff, Dawn Davis Carson for Defendant, Gross Plaintiff Verdict for $31,002.00 ($26,625.00: Medical Expenses; $1,877.00 Lost Earnings; $2,500.00: Pain and Suffering) (Comparative Fault: Defendant Rebecca Smith – 92.5% and Plaintiff Simon Miller – 7.5%) for a Net Plaintiff Verdict of $28,676.85.

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DIV. 6: JERRY STOKES 1. CT-004107-17: 11-29-18, Ivan Harris v. Bernard Panchikal, Breach of Contract Appeal from General Sessions, Non-Jury, Kevin Patterson for Plaintiff, Ted I. Jones for Defendant, Plaintiff Verdict for $5,821.59.

2. CT-003344-17: 2-8-19, Sallye Matoux v. John Doe, Auto Accident, Jury, Derek Fairchilds for Plaintiff, H. Lynne Smith, for Defendant, Plaintiff Verdict for $22,540.78. Trial on damages only.

DIV. 7: MARY L. WAGNER 1. CT-002591-15: 1-4-19, Carla P. Crawford v. The Kroger Company Incorporated, Wawona Packing Company and John Does 1-20, Food Poisoning, Jury, Eric J. Lewellyn and Henry E. Reaves III for Plaintiff, John P. Wade for Defendant, Wawona Packing Company, Christopher M. Myatt for Defendant The Kroger Company, Mistrial.

2. CT-001361-18: 1-22-19, 901 Properties, LLC d/b/a 901 Properties v. Nancy Johnson and Eric Johnson, Landlord Tenant, Non-Jury, Lawrence Baer for Plaintiff, Defendants Pro Se, Plaintiff Verdict for $4,119.00 (Compensatory Damages - $3,119.00, Attorney Fee $1,000.00).

3. CT-02867-15: 1-24-19, Franschesca Thompson and Alonzo Thompson v. Brittany Batts, Auto Accident, Jury, Eric Espy and Andrew C. Clarke for Plaintiffs, Paul L. Burson for Defendant, Defense Verdict.

4. CT-005033-16: 2-5-19, Brenda Lauderdale. v. Delane Kilgore, Auto Accident, Jury, Brittany Neal for Plaintiff, Paul L. Burson for Defendant, Defense Verdict.

DIV. 8: ROBERT S. WEISS 1. CT-003900-13: 1-14-19, Teaira Holloway, Individually and Shidell Holloway, as Mother and Next Friend of Kayla Holloway v. Luu Lam, Auto Accident, Jury, Allen Gressett and Bill Wade for Plaintiff, Lawrence W. White for Defendant, Defense Verdict.

2. CT-004362-17: 1-23-19, Reedy & Company Realtors, LLC d/b/a Reedy & Company v. Tiffany Lectria Pewitt, Landlord Tenant Appeal from General Sessions, NonJury, F. Michael Bursi for Plaintiff, Defendant Pro Se, Plaintiff Verdict for $950.00.

3. CT-003907-14: 2-8-19, Marcus Belton, Individually and d/b/a Bigfoot Tire and Trucking v. City of Memphis and Martha Lott, in her Individual Capacity, Breach of Contract / Racial Discrimination, Non-Jury, Michael G. Floyd for Plaintiff, Sean Antone Hunt for Defendant, Defense Verdict.

4. CT-003147-17: 2-11-19, Zula Wortham v. Kroger Limited Partnership I, Premises Liability, Jury, Patrick M. Ardis and Geoffrey Gaia for Plaintiff, Christopher Myatt for Defendant, Mary Elizabeth McCullohs for State of Tennessee, Plaintiff Verdict for $850,000.00 (Economic Damages: $100,000.00 + Non-Economic Damages: $2,600,000.00 reduced to $750,000.00 by statute = $850,000.00). Trial Court reserved ruling on constitutionality of damage caps.

5. CT-002824-16: 2-13-19, Kroger Limited Partnership I v. Mohammad S. Edzaz, Property Damage to Inventory, Jury, Christopher M. Myatt for Plaintiff, Kevin Snider for Defendant, Plaintiff Verdict for $2,500.00.

6. CT-003486-17: 2-21-19, Alvin and Carly Ray v.

Anthony Willoughby, Breach of Contract, NonJury, George F. Higgs for Plaintiff, Defendant Pro Se, Plaintiff Verdict for $30,666.00.

DIV. 9: YOLANDA R. KIGHT 1. CT-000570-17: 11-26-18, Benny Jacquez and Jose Jacquez, Individually and as Parents and Next of Kin of Idaly Jacquez, a Minor, and Camila Jacquez, a Minor v. Carol A. Carlson, Auto Accident, Jury, Aaron A. Neglia and Murray Wells for Plaintiff, Alex Elder for Defendant, Plaintiff Verdict for $22,121.56 (Trial on damages only).

2. CT-002925-16: 12-13-18, Angelia Johnson and Chris Johnson v. Tyler Flowers, Auto Accident, Jury, Thomas R. Greer for Plaintiff, Andrew H. Owens for Defendant, Dawn Davis Carson for State Farm UM, Defense Verdict (50% fault to each driver).

3. CT-003625-17: 1-16-19, Linda Reed v. Brandi Hefner, Nuisance (Dogs) Appeal from General Sessions, Non-Jury, Larry Moore for Plaintiff, Jeffrey Jones for Defendant, Verdict on Counter-Complaint for Defendant for $2,937.00.

4. CT-001737-16: 2-19-19, Michael Finley and Demetrice Carter v. Alphonzo Cain and Supply Line of Memphis, LLC, Auto Accident, Jury, J. Jeffrey Lee for Plaintiff, Richard E. Sorin for Defendant, Plaintiff Verdict for Plaintiff-Michael Finley for $22,000.00 and for Plaintiff-Demetrice Carter $0.00.

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United States District Court

WESTERN DISTRICT OF TENNESSEE—WESTERN DIVISION

by DEAN DECANDIA

Covers July to December 2018

FOWLKES 1. USA v. Manzur Mazumder: Trial from Aug 13 to 16. Indicted for 2 counts of wire fraud. Verdict: Guilty as indicted. Prosecution: Dean DeCandia, David Pritchard. Defense: Stephen Leffler.

2. USA v. Leon Ward: Trial from to Sept 18 to 21.

Indicted for Felon in Possession of a Firearm. Verdict: Guilty as indicted. Prosecution: Bryce Phillips, Bayonle Osundare. Defense: Ned Germany, Robert Thomas.

LIPMAN 1. USA v. Antonio Hawkins: Trial from Jul 16 to 19.

Indicted for Sex Trafficking of a Child, Sex Trafficking

by Force, Fraud or Coercion, Interstate Travel in Aid of Racketeering, Trafficking of Person for Prostitution, Trafficking of Minor for Prostitution. Verdict: Guilty as indicted. Prosecution: Reagan Taylor, Deb Ireland, Kasey Weiland. Defense: Mark Donahoe.

2. USA v. Antwone Mangrum: Trial from Aug 6 to 7. Indicted for Felon in Possession of a Firearm.

Verdict: Not guilty. Prosecution: Elizabeth Rogers, Karen Hartridge. Defense: Christina Wimbley, Anna Hamilton, Robert Thomas.

3. USA v. David Silva Garcia: Trial from to Sept 17 to 20.

Indicted for Possession of 1 kilogram or more of heroin with intent to distribute, Possession of Tramadol with intent to distribute, Conspiracy to possess 1 kilogram or more of heroin with intent to distribute, Conspiracy to possess tramadol with intent to distribute. Verdict: Not guilty. Prosecution: Joseph Griffith, Mark Erskine.

Defense: Taurus Bailey..

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PARKER 1. USA v. Jason Nixon: Trial from to Aug 13 to 16.

Indicted for Felon in Possession of a Firearm. Verdict: Guilty as indicted. Prosecution: Raney Irwin, David Biggers. Defense: David Bell

PHAM (U.S. MAGISTRATE COURT) 1. John M. Pickens v. Amy Beth Dowdy: Trial from Aug 6 to 9. Complaint for Negligence. Verdict for Plaintiff, Awarded $6,528 in medical expenses. Attorneys for Plaintiff: Billy Ryan, Janelle Osowski. Attorneys for Defendant: Lori Parish, Kevin Bernstein.

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LAURA BAILEY Laura Bailey, an attorney with The Crone Law Firm, PLC, was recently promoted to Principal Attorney and Senior Vice President of Legal Operations for the employment law firm, located in downtown Memphis, Tennessee. Laura earned her undergraduate degree in psychology from the University of Tennessee in 2003 and her juris doctor from the University of Memphis’ Cecil C. Humphreys School of Law in 2008. She has extensive experience in employment law, personal injury and worker’s compensation. She is regularly recognized as a ‘Woman to Watch’ by Memphis Magazine and, for several years, has been named a Rising Star by Super Lawyers, a list issued annually by Thomson Reuters.

MIKE COURY Glankler Brown member Michael P. Coury has been named a Fellow of the Tennessee Bar Foundation, an association of 868 attorneys across the state. Invitations to membership, which is a position of honor, were extended to 24 attorneys this year by the Board of Trustees. Coury concentrates his practice in bankruptcy and creditors’ rights law, business reorganizations, workouts, and business and commercial litigation. Coury is a Fellow with the American College of Bankruptcy and has been honored by The Best Lawyers in America in the fields of Bankruptcy & Creditor/Debtor Rights, Bankruptcy Litigation and Commercial Litigation, and by the Mid-South Super Lawyers in the field of Bankruptcy & Creditor/Debtor Rights. Coury is a Board Certified Specialist in Business Bankruptcy Law. FRANK L. DAY, JR. FordHarrison promoted Frank L. Day, Jr. to partner effective January 1, 2019. Frank devotes his practice to helping clients accomplish business objectives through employment law litigation and counseling. He has successfully represented national retailers, health care providers, and various other 28

public and private employers in matters arising under Title VII, the ADA, FMLA, ADEA, USERRA, and numerous other federal and state statutes. He has extensive litigation experience, and has helped many clients prevail on summary judgment and at trial. Frank earned his J.D. from the University of Memphis School of Law. LAURA DEAKINS Laura Deakins recieved a plaque for winning the Ace Associate Category in the Memphis Business Journal’s Best of the Bar awards. Laura is the 2019 president of the Association for Women Attorneys (AWA), Memphis Chapter.

RUSSELL W. JACKSON FordHarrison promoted Russell W. Jackson to partner effective January 1, 2019. Russell represents management in employment-related matters on federal, state, and local levels. Russell’s representation includes claims relating to discrimination, harassment, retaliation, wrongful discharge, restrictive covenants, wage and hour violations, unemployment compensation, and other aspects of the employee-employer relationship under federal and state employment laws including Title VII, ADA, ADEA, FMLA, FLSA, NLRA and the OSH Act. Russell earned his J.D. from Case Western Reserve University.

JONATHAN E. NELSON Bass, Berry & Sims PLC is pleased to announce the election of Jonathan E. Nelson, a new member in the firm. Nelson represents companies in cases involving breach of contract actions, shareholder derivative actions, breach of fiduciary duty claims, commercial tort actions, and other business disputes.

In addition, he also advises clients facing product liability claims, mass torts, and related litigation. Prior to joining the firm, he served as a judicial clerk for the Honorable Jon Phipps McCalla in the U.S. District Court, Western District

of Tennessee. Nelson earned a J.D. from the University of Memphis Cecil C. Humphreys School of Law (2009) and a B.A. from Rhodes College (2005).

MOLLIE K. WILDMANN Mollie K. Wildmann joined FordHarrison’s Memphis office as an associate. She represents employers in all manner of disputes related to labor and employment law. Mollie is involved in the Association for Women Attorneys in Memphis, serving on the Board of Directors and as Co-Chair of the Golf Tournament Committee. Mollie earned her J.D. from the University of Memphis School of Law. While in law school, Mollie devoted time advising clients in a pro bono capacity as a student attorney with the University of Memphis School of Law Children’s Defense Clinic.

SHANNON WILEY Bass, Berry & Sims PLC is pleased to announce the election of Shannon Wiley, a new member in the firm. Wiley focuses her practice on healthcare regulatory and transactional matters with a specific emphasis in the specialty pharmaceutical industry. She guides clients in the drug distribution and services trades, such as pharmacies, wholesalers, data aggregators, manufacturers, and service hubs on program development, contracting, licensure issues, and various regulatory aspects of mergers and acquisitions. Prior to joining the firm, she was an attorney at Baker, Donelson, Bearman, Caldwell & Berkowitz, PC. Wiley earned a J.D. from the University of Memphis Cecil C. Humphreys School of Law (2010) and a B.A. from the University of Memphis (2007).

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1. Laura Bailey

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2. Mike Coury

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