Memphis Lawyer Magazine Vol. 38 Winter 2021 by Memphis Bar Association

the magazine of the Memphis Bar Association | Vol. 38, Issue 4, Winter 2021

A tribute to

Sean hunt

Beloved Chair of Memphis Lawyer Magazine

Our customers are talking . . . BankTennessee is a special place. When I walk in the door, it’s like visiting old friends. When I walk out, I know I’ve put my money in good hands.

Tannera George Gibson, attorney Burch, Porter & Johnson 2022 MBA President

The Bank for the Legal Community PROUD PARTNER OF THE MEMPHIS BAR ASSOCIATION SINCE 2006

Tannera, thank you for your kind words! We love our customers! 30 North Second at Court Square

901.525.5533

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Volume 38, Issue 4, Winter 2021

FEATURES 6

The Business Case for Lawyer Well-Being

Crypto: What's the Big Deal?

BY JUDGE STEVEN C. HORNSBY AND CINDY PENSONEAU BY TAURUS BAILEY

11 A Tribute to Sean Hunt: A Renaissance Man Who Left Us

Way Too Soon

BY HARRISON D. MCIVER III

15 Tannera Gibson becomes MBA President:

“Between all of us, anything is possible.” BY LEANNE KLEINMANN

Annual Meeting Recap

COLUMNS 5

President’s Column

BY TANNERA GIBSON

17 MALS: Lighting the Path to Recovery BY CINDY COLE ETTINGOFF

19 CLC: Community Legal Center Assisting Parents in

Correcting Names of Their Children BY CHELSEA ALKHATIB

Bar Scene

People in the News

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MEMPHIS LAWYER

2022 MBA Officers

the magazine of the Memphis Bar Association

MBA Publications Committee Jacob Strawn, Vice Chair Tannera Gibson, Executive Committee Liaison Dean DeCandia Nicole Grida Stephen Leffler Harrison McIver

The Memphis Lawyer is a quarterly publication of the Memphis Bar Association, Inc. with a circulation of 2,000. If you are interested in submitting an article for publication or advertising in an upcoming issue, contact info@memphisbar.org. The MBA reserves the right to reject any advertisement or article submitted for publication.

Tannera Gibson President

Jennifer Sink Vice President

Peter Gee

Past President

2022 Board of Directors Justin Bailey Taurus Bailey Dawn Campbell Lisa Gill Hon. M. Ruthie Hagan Marlinee Iverson Hon. JoeDae Jenkins Justin Joy Lani Lester Andrea Malkin Bobby Martin Matt May Patrick Morris Steve Mulroy

Hon. Gadson William Perry Edd Peyton Hon. Shayla Purifoy Billy Ryan Zayid Saleem Joseph Smith Section Representatives Anne Davis Thomas Greer Thomas Henderson Maureen Holland Ashley Jefferson Daryl Smith

ABA Delegate Lucian Pera AWA Representative April Bostick Law School Representative Donna Harkness NBA Representative Laquita Stokes YLD President Chris Williams

MBA STAFF

Mary Ann Upchurch 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

Adam Johnson

Secretary/Treasurer

Lauren Gooch Membership & CLE Director

Kelly Swan

Communications Director

PRESIDENT'S COLUMN

By TANNERA GIBSON, MBA 2022 President

et’s go, 2022! The pandemic has altered the practice of law in ways that were once unfathomable. We have hearings via virtual platforms, or in-person while addressing the court through masks. We have seen legal battles ensue over mandating such masks, bodily autonomy, and vaccines; and, we have ridden the roller coaster of the lifting and imposition of travel bans and the potential impact on our practices. Our events and conferences have been cancelled, and we haven’t been able to socialize as we once did. We have faced new variants, instead of light, at the end of the tunnel on more than once occasion. We’ve done and endured all of these things while continuing to practice law, and while working to stay abreast of a rapidly-changing landscape that has affected all of us, but we are still here. We are still strong, and I’m confident that we will come out of this even stronger. As we continue to navigate the uncertainty, the MBA will be there to provide support every step of the way. As lawyers learned to navigate the unknown, the MBA adapted to meet our ever-changing needs. Our

new Executive Director (Hopefully, everyone has had the pleasure of meeting MaryAnn Upchurch!) hit the ground running in May, and has already developed the President’s Circle and built new and exciting relationships for the MBA. We have more exciting initiatives to introduce in the coming year, and we look forward to announcing them. Our ultimate goal for 2022 will be service to the bar, law students and our community through leadership programming, diversity training, new partnerships and CLE offerings, and community projects. Also, be on the lookout for announcements about our upcoming Bench Bar Conference! In-person! To ensure that the MBA is providing the level of service we strive to maintain, we would like to hear from you. If there’s an area you believe could be better served, please let us know. We work hard to remain conscious of the Bar’s evolving needs through our committees and sections, but we are also aware that there may be areas we have missed. We appreciate your support, and we want to support you. 

Special Thanks to our

President's Circle Partners

The Business Case for Lawyer Well-Being By JUDGE STEVEN C. HORNSBY, (RET.) J.D., C.L.C. CINDY PENSONEAU, J.D., Y.T.T

his is not the usual article about lawyer well-being, we promise. If you are interested in your firm’s performance, client satisfaction, and financial success, keep reading. If you are concerned with preventing malpractice claims, reducing employee turnover, and building a positive reputation, this article is for you.

Let’s cut to the chase, shall we? On the asset side of your firm’s balance sheet, there is a variety of line items for tangible and intangible assets like real property, equipment, furniture, accounts receivable, goodwill, and more. But where is the line item for the largest revenuegenerating asset in your firm, i.e., the human beings?

Fact: The most valuable asset in a law firm is its people. Oddly, and too commonly, the legal profession seems to fail to understand the significance of this simple fact. Many major companies in the business world are ahead of us by several decades by offering opportunities for wellbeing and professional development. Why? They realize that investing in the personal effectiveness of their people pays big dividends. Fostering a culture of professional development and personal well-being helps recruit and retain employees, improve performance, reduce losses, and promote future growth. The practice of law is a demanding profession with high expectations for legal practitioners. Like professional athletes, lawyers are required to possess a high level of competence and fitness to engage in the profession, and that fitness must be continually developed and maintained. And as professional athletes know, fitness requires not only physical conditioning, but also mental and emotional health, as well as the social needs for being part of a positive team culture. When these elements are present, the conditions are right for both the lawyer and firm to thrive. 6

Fact: Continual personal growth and professional development, along with being part of a positive work culture is the right combination for success. There is growing recognition that the legal profession can – and should - do more to provide opportunities for well-being and professional development. Studies have shown extremely high rates of burnout, anxiety, depression, addiction and suicide among lawyers compared to other professions. In fact, the rates are so alarming that the ABA has declared our profession to be in a state of crisis and is encouraging law firms to make lawyer well-being a top priority. The comprehensive report “Path to Lawyer WellBeing: Practical Recommendations for Positive Change” and “Well-Being Toolkit for Lawyers and Legal Employers” (2017) highlight three salient points about why it is important to focus on lawyer well-being: 1. It’s good for business. Any organization, including law firms, are most successful when its’ people are healthy, happy and thriving. Engagement and performance improve while absenteeism and turnover rates decrease. Firms that value and invest in their people

are more sustainable and durable over time. People are more competent, effective, and stable. When people feel valued and respected as a team member, they aren’t as likely to be interested in leaving. Over decades, research has consistently shown that money - while important - is frequently not why people stay with an employer. It is often more important that employees feel respected, are working with people they like, and find a sense of meaning in their work. Conversely, attorneys who are chronically stressed and dealing with anxiety and depression, and possibly relying on alcohol or other substances to cope, are at much higher risk for malpractice claims and health care costs, which can increase health and liability insurance premiums. Law firms that fail to create a positive human culture, will also fail to retain good lawyers and experience consistently high turnover. 2. It’s good for clients. Lawyer competence, integrity, and client satisfaction decline when well-being declines. Under the Tennessee Rules of Professional Conduct, Rule 1:1, lawyers are obligated to provide competent client representation. Fulfilling even basic levels of competence requires lawyers to be physically, mentally, and emotionally sound. When lawyers are struggling, competence suffers. Lawyers who are impaired due to being over-stressed, sleep deprived, or having cognitive impairment due to alcohol, drug use, or hangovers, are highly susceptible to lapses in integrity and judgment which can lead to all sorts of costly problem behaviors. As a result, the clients, the firm, and the lawyer are all at risk.

On the other hand, when lawyers are physically, emotionally and mentally healthy, their performance improves, they are able to build better relationships with clients, and client satisfaction increases. Satisfied clients come back with more business and make positive referrals. 3. It’s the right thing to do. Enhancing the quality of our work life improves our quality of life overall. We aren’t just lawyers. We are people with families, friends and community. Historically, lawyers have been looked upon to serve important roles in their families and communities as leaders, volunteers and positive role models who contribute to the greater good and betterment of others. If we are suffering from chronic fatigue, anxiety, alcoholism, burnout, or depression, we cannot show up in a positive way for our family, friends, and society. A well-lived life is so much more than a career. We have much to offer as caring spouses, partners, colleagues, parents, friends, artists, musicians, writers, church and nonprofit volunteers, sports coaches, trusted advisors, community leaders, and the list goes on and on. Fact: Ultimately, lawyer well-being is about success in every aspect of life. Join us as we explore the business case for well-being in depth in the MBA-sponsored CLE series in February, March, and April, “Making the Business Case for WellBeing”. 

Cindy Pensoneau, JD, YTT Judge Steve Hornsby, JD, CLC

Professional and Well-Being Development summavita.com 7

Crypto

What's the Big Deal? By TAURUS BAILEY

What is cryptocurrency? It’s really a misnomer, and may be confusing to the public. The use of the word “currency” leaves the connotation of the necessity of governmental intervention and control from the rogue hackers and anarchists. This is not what cryptocurrency is. a better illustration is the true marriage of decentralized technology by public monetization – a new asset class. While there are both advantages and disadvantages, legal challenges grow foreseeably. To simplify this, Bitcoin is the best example.

the world. This is why it is referred to as decentralized. This is the nature of most crypto, also referred to as “Web 3.0.” For the first time this is an asset class that is monetized by the general public and can be bought in fractions of its whole value unlike stocks, and opening investment opportunity for everyone regardless of socioeconomic status, nationality, government, race or gender. These are barriers that historically served to keep out all but the upper middle class or wealthy from meaningful investing.

Again, a better description than “cryptocurrency” is “digital asset” or “digital property,” and the best-known example is Bitcoin. Bitcoin is the fastest growing asset the world has ever seen. At 196.7% annual growth rate, Bitcoin’s 10-year climb is simply unmatched. Bitcoin was the gateway to what is now over 9000 “cryptocurrencies” now in existence in the cryptocurrency asset class. Is it volatile? It absolutely is, but volatility is the price one pays to outperform the S&P 500 by a factor of 10 and for 10 years straight. It is competing with commodities such as gold, silver and bonds as a “store of value,” and currently, the oversight regulatory framework on Bitcoin is also similar to gold or silver.

EASE OF USE

How is it created? Ultimately, Bitcoin is an accounting system and a public ledger represented in monetary form by units called “coins” that anyone can purchase on an exchange like Coinbase. This system is with unmatched security, fluidity and mobilization is a store of value, and the underlying digital ledger of code or “blockchain” represents all activity ever made and that is continuously made. It is recorded by tens of thousands of computers or “nodes” working globally to solve extraordinary computation problems, but all sharing the same data or ledgers in “blocks,” hence the word “blockchain.”

SECURITY Hacking one node is useless. Tens of thousands of nodes would have to be hacked individually and all over

Imagine the hard-working immigrant that wants to bypass an institution like Western Union to send money to his home country. He can use his phone and send crypto in seconds and for pennies on the dollar rather than lose 20% or more after driving across town to the Western Union. Imagine if a client wants to move her expensive assets quickly, perhaps for retirement or even illicit purposes. $2 million in real estate is immovable but $2 million or 2 billion in Bitcoin can move in seconds – and for almost no costs. If an unfriendly tax state decides to tax her billion dollars in Bitcoin, she can simply move to a friendlier state and carry it with her. Crypto evades jurisdictional issues because of its decentralized nature. Imagine your client in a divorce with large wealth in crypto all hidden in a cold wallet (a secured device taking the crypto from any online exchange) who refuses to disclose that asset, or who maintains multiple cold wallets? Even upon an asset seizure this creates a problem.

JURISDICTIONAL CHALLENGES Where would you claim jurisdiction for litigation? Blockchain technology by nature allows no way to pinpoint a node’s actual location. This poses a multifaceted jurisdictional challenge. Can a “principal place of business” even be pinpointed? The technology’s 9

cross-jurisdictional reach is a regulatory and litigation nightmare. Furthermore, because nodes are scattered, conflicts of laws will grow. PROBLEM: If a case-related seizure was declared, how are online or cold wallet storages to be located absent the honesty of the owner? Even if a seizure was declared by an executive-order, government takings require some compensation to the owners. Further, with the volatile upside nature of crypto like Bitcoin, the value could catapult extraordinarily quickly, thus creating additional compensation problems.

THE SECURITIES AND COMMISSION (SEC)

EXCHANGE

Again for now, Bitcoin, or “digital gold,” is basically conceded as a store of value like precious metals. This however, does not lend as easily to the entire crypto world. For instance, other crypto assets operate largely like software or web operating systems with utility of purpose. To buy their tokens is to monetize the software creating ownership of that token as it is recorded in its own blockchain ledger. PROBLEM: If a client creates a company by raising money for a tokenized blockchain platform that has not been created yet, the SEC could consider it a security from investment and causing it to be subject to SEC regulation - basically no different than an investor receiving of stock.

TAX ISSUES Yes, taxpayers are obligated to report transactions involving cryptocurrencies in U.S. dollars on their

annual tax returns, therefore, taxpayers should determine their cryptocurrencies’ fair market value (by converting the virtual currency into US dollars) on each transaction date. As a result, properly reporting cryptocurrencies to the IRS is burdensome for individual taxpayers because they must diligently record the price at which their cryptocurrencies were bought and sold. While it is safe to assume mistakes shall incur, regardless individual investors are liable to pay capital gains taxes on any profits they realize via cryptocurrency. This tax obligation applies whether or not investors purchased their cryptocurrency from the United States or elsewhere.

CRIME AND MONEY LAUNDERING A fear of the general public, is that crypto is for criminals. This criticism stems from cryptocurrency traders’ ability to remain totally anonymous (yes, it can be done). The online drug marketplace Silk Road did not help the stigma of this useful and evolving asset class that includes online gaming, voting security, financial overhaul, ease of payment transactions, NFT technology to invest in art and music, etc. In conclusion, the cryptocurrency and decentralized technology world has exploded and is here to stay. As attorneys, it is important to understand how these technologies and monetary assets will affect our client’s and our personal lives. Meanwhile, download an app and try it out! Buy $10 of Bitcoin, or check out investing in an NFT. Paypal, Venmo, Coinbase, Cashapp have all made it easy to own a little crypto. Oh, and the next time you watch the Lakers play, the Staples Center is now Crypto.com Stadium. 

A TRIBUTE TO SEAN HUNT A RENAISSANCE MAN WHO LEFT US WAY TOO SOON By HARRISON D. MCIVER III

fter receiving the news that my friend and former boss had passed, I had to pause, for the news was unbelievable. Just a few days before, we met for lunch and I shared that Lauryce and I were leaving our beloved Memphis to relocate to Charleston, South Carolina. During our lunch that spanned two and a half hours (much longer than our norm), we talked and talked, covering a number of subjects – family, the legal community, the state of affairs in this country, and more.

Aaron, now pursuing a law degree, would one day join. I marveled at his diverse and unique talents. Let’s take a moment to imagine an individual who was an engineer, having graduated from Tennessee

He sought my counsel regarding the very controversial “critical race theory.” He wanted to know how he could get involved to positively affect the division that this issue had engendered. We talked about the political discourse and racial divide in this country and how we could ameliorate the situation. Hopelessness was not a part of his character and makeup. In fact, he said he was preparing to conduct a seminar on implicit bias. His radiant smile will remain with me forever. As always, we talked about/discussed family and his devotion to his wife Clarice, and the pride of their hearts– sons Aaron and David. During our time together, I learned that both of our mothers were educators and what it meant to grow up and be shaped by educators in our homes. The legal profession was always a hot topic and I listened intently whenever he provided insight on how he built a successful law practice, one that his son 11

State University, then obtaining a law degree from Vanderbilt Law School, working for large law firms but deciding to take the leap to establish a small law firm that became successful by any measurement. Let’s not stop there. He was a pilot who flew a plane on business and family trips, participated in Iron Man competitions (running marathons were the norm), volunteered and gave generously to his church, Memphis Area Legal Services (MALS), the Memphis Bar Association, the Ben F. Jones Bar Association, and other community organizations. He was preparing to run the St. Jude Marathon, laser focused on raising funds for sickle cell research and treatment. Recently, the Tennessee Supreme Court reappointed Sean to the Tennessee Access to Justice Commission, and he perennially chaired the MBA Publication Committee. I had the pleasure of serving under his leadership on the Publication Committee. Yet, God had a different plan. In preparation for this article, I benefitted from talking with several people. All confirmed what a tremendous person he was and the impact he had in a

number of contexts. Several I did not know, but honestly, I was not surprised. Given all that I learned, Sean epitomized what a Renaissance Man is, one who was extremely bright, creative, innovative, versatile and knowledgeable in a wide range of subjects. At the same time, he was complex but transparent. He had an internal compass that guided him in the way he interacted with his family, colleagues, the faith community and anyone with whom he had a relationship. As for as my relationship, I met Sean nearly two decades ago when he joined the Board of Directors of MALS. His commitment to the mission and its purpose revealed itself very soon after he joined the Board. This clarity propelled him to become Board President, not once, but twice during my tenure as CEO. I found him to be fair, integral, and honest in his dealings as Board leader and supportive of me in my role as CEO. We shared many conversations about internal and external challenges. As my tenure ended with retirement, he said, “I was a blessing.” I will remember his expression of admiration of and appreciation for my leadership for the rest of my life. In preparing for this article, I realized that a tribute to Sean with just my voice would shortchange the Memphis Lawyer readership. So, I reached out to several individuals who knew Sean in various contexts to share the manner of man Sean was. This issue of the Memphis Lawyer is dedicated to his life, and his contributions that made Memphis, Shelby County, the state of Tennessee and beyond a better place for all.

The following video contributors reflect on the unique, dynamic, personable, caring, loving, compassionate, and passionate human being Sean was. Please click on the links below to hear first-hand accounts about Sean, the “Renaissance Man.”

As a Christian Man Pastor Charles “Chuck” Neugebauer, Christ the King Lutheran Church

As a Devoted Family Man Aaron Hunt, Son

As a Neighbor and Friend Mike Derrick, Esq.

As a Member of the Legal Profession Tennessee Supreme Court Justice Holly Kirby

As a Dedicated Member of the Bar and Athlete – Immediate Past Bar President, Peter Gee, Esq. 13

Indeed, Sean meant so much to many people but only a few could be included in this article. He had an exceptional legal career. His commitment within the legal profession was recognized posthumously with the Memphis Bar Association’s Judge Jerome Turner’s Lawyer’s Lawyer Award presented by Mike Derrick and accepted by his son, Aaron. MALS and the MBA presented him the W.J. Michael Cody Pro Bono Attorney of the Year Award in 2007 for his pro bono service. Each week Sean would block Thursday afternoons to volunteer at the Shelby County Courthouse Legal Clinic to provide legal assistance to those in need. He received the The Turner Award because he exemplified the aims and aspirations embodied in the Guidelines for Professional Courtesy and Conduct. Sean also received the 2016 A.A. Latting

Award from the Ben F. Jones Chapter of the National Bar Association. While this issue of The Memphis Lawyer is dedicated to Sean and his life of service, I hope we will never forget what he did while he was physically with us. I treasure his memory and pray for his family and for us to carry on as he would have us to do. I will and know you will too! 

Tannera Gibson becomes MBA President: “Between all of us, anything is possible.” By LEANNE KLEINMANN

annera Gibson hadn’t been at Burch, Porter & Johnson long when BPJ attorney Les Jones pulled her into her first trial.

“I asked her three days before we were due in court if she would work on a (medical malpractice) trial with me. She jumped in,” said Jones. “We kept getting hung juries … we tried that case three different times.” They eventually won, and the bond between Gibson and Jones was cemented. “She is possibly the hardest working lawyer I know, but it’s not just work to work,” he said. “She strives to do a great job for clients, but also to pave the way for other people who don’t come from traditional backgrounds. When you look at the milestones she’s reached, she wouldn’t have done all that if trying to fix inequality wherever she saw it weren’t a driving force behind who she is.” Jumping in and working hard are professional habits for Gibson, who officially begins her term as president of the Memphis Bar Association on January 1. So is her passion for fixing inequality, as she pointed out in her inaugural speech. As she became the first Black woman to lead the Memphis Bar Association in its 147-year history, she referenced a 1963 letter written by BPJ attorney and Memphis civil rights icon Lucius Burch, encouraging MBA members to remove the qualification of being white as a requirement for membership. He went on: “We cannot expect to preserve the (favored) image (of lawyers) if we inhibit human liberty rather than advance it.”

encompasses all the descriptors he mentioned. … It’s the audacity to believe that by bringing diverse voices to the table, to leadership, we can advance – together. Between all of us, anything is possible.” The idea of “all of us” is not an abstract idea for Gibson: “I definitely have some plans I’m excited to implement in the coming year. So when I call on you, please answer.” Alex Smith, Chief Human Resources Officer for the City of Memphis, says that in her work for the city, Gibson is a subject matter expert as well as a practical lawyer, whose ability to boil down complicated labor law and legislation is extremely valuable. As a Black woman and native Memphian, “she understands the challenges you can see with employees from a variety of different backgrounds. She brings a fair and equitable application of the law, but also a sense of understanding and empathy.” “Tannera is very bright,” said Bruce McMullen, her mentor and managing shareholder of Baker Donelson in Memphis, “though a lot of people who are very bright don’t succeed at her level. She is able to take criticism and adjust, then get back out there to compete.” Gibson and McMullen have talked frequently since early in Gibson’s legal career. Back then, he said, “I told her some of what she was facing is just how law firms run. It has nothing to do with your race or gender.” His mentee has grown to be a legal peer. “Now, I’ll call her for legal advice.”

Gibson continued: “Why does it matter that the MBA has never before installed two firsts – back-to-back – as president?” Her predecessor, Peter Gee, was the first Asian-American MBA leader.

Has there been progress for Black lawyers in Memphis since the early 2000s, when he became a partner? “There has been progress, but not as much as you might think,” McMullen said. “You still have to knock down barriers and open doors. We’ve just got to keep working.”

“Then I thought about Mr. Burch’s letter – advancing human liberty – and it occurred to me that this moment

As Gibson begins her MBA term, she’s ready to do just that.  15

Lighting the Path to Recovery By CINDY COLE ETTINGOFF, CEO and General Counsel, Memphis Area Legal Services, Inc.

n the darkest nights, the stars are more easily seen and that has certainly been the case for the last two years. As the second poorest large metropolitan area in the country, COVID has had the effect of “breaking the frayed rope” holding many in the Memphis community from a disastrous fall. In some ways, despite the commencement of the pandemic, 2020 was less difficult than 2021 because there was an eviction moratorium in place in 2020. In In early 2021, the eviction moratorium ended in West Tennessee, which was significantly earlier than most other parts of the country. In addition, Tennessee’s landlord tenant law is different than that of many other states. In Tennessee paying rental arrearage does not automatically stop an order of eviction. The landlord’s right to possession continues. Only another court order stops a court order of eviction and that generally requires the assistance of an attorney. At a time when Memphis is deemed the most dangerous city in the country, living in a car or on the streets is more perilous than ever before. When the eviction moratorium ended, evictions recommenced. It was at that moment that some of the legal community’s brightest stars shone. Through a partnership with the City of Memphis, Shelby County, Neighborhood Preservation Inc., the University of Memphis School of Law, and with the help of some wonderful volunteer attorneys and law students, MALS was able to do what it does best – assist in addressing legal issues related to housing. In addition to pure rental arrearage settlement negotiations and possession issues, MALS also took next steps in serving clients to obtain SNAP, child support, unemployment and disability benefits in an effort to move those currently facing homelessness to a position of stability. In 2021 MALS handled an unprecedented number of unemployment compensation appeals.

As evictions increased this year, so did reports of domestic violence. Memphis was already ranked fifth highest in the nation in incidences of domestic violence. Based on the statistics that show domestic violence significantly increases whenever there is a natural disaster, MALS anticipated a sharp increase in requests from domestic violence victims for assistance when the pandemic commenced in 2020. However, the real surge in requests from DV victims has occurred most recently, when schools and workplaces reopened offering a place of safety for children during the day and allowing mothers the opportunity to leave the home and earn wages. Our next anticipated case surge is expected to be mortgage foreclose cases, since the abatement of mortgage foreclosures has ended. MALS’ Fair Housing Unit has historically served mortgagees seeking forbearances and 17

provided housing counseling. MALS is preparing to be able to handle an onslaught of foreclosure cases. In addition to handling purely legal issues that have ballooned during the pandemic, MALS, as a Legal Services Corporation (LSC) funded organization, has been met with legislative issues that impact LSC’s funding of MALS. The U.S. House and Senate each have proposed bills that would fund LSC and hence MALS, but no bill has been passed. Absent the passage of a bill prior to Congress’ recess for the holidays, MALS will start 2022 with a significant decrease in funding. Once again, our stars have shone. The Bobango family, as chairs of this year’s Campaign for Equal Justice (CEJ), and the CEJ cabinet members have been tireless in seeking financial assistance for MALS from the community and the legal community particularly has graciously responded. MALS has also had the pleasure of being a partner in the Signature Corporate Pro Bono Initiative. The initiative led by International Paper brought together law firms, interested community members, JustCity, and MALS to work together on projects intended to advance access to justice and improve employability. The first stage of the project has been focused on obtaining expungements and reinstatement of rights. Additional phases will address other aspects of social justice. MALS also remains involved in the monthly Veterans’ Clinic and has recently been in discussion with the Corporate Counsel Association about attorney mentoring programs. In 2021 MALS served even more clients and, due to lack of staff, sadly had to turn away more clients than previously. The heightened demand for legal services is

far from over. In fact, I do not know of a time, other than at MALS commencement, when the needs of the community and the need for funding for attorneys to meet those needs has been so urgent. That need is being addressed in specific discrete areas by our pro bono volunteers. The urgent need for more comprehensive wrap around services is being addressed by MALS’ resident stars, those who do the hard work of serving our community every day. In fact, one of MALS’ attorneys recently went the extra mile and sought agreements that eviction set outs would not occur on weekends because an erroneous or unlawful set out cannot be addressed by the court on the weekend. Another MALS’ attorney not only obtained legal custody for a grandmother of her special needs grandchildren, but also took extra steps to ensure the maintenance of housing and obtaining social services for those grandchildren. COVID brought with it opportunities for new fraud schemes. It also raised a number of issues for low-income taxpayers. MALS attorneys have been addressing as many of those legal needs as possible given our staffing constraints. On the domestic violence front MALS attorneys are dealing with the increase in clients from the Family Safety Center and obtaining permanent or extended orders of protection and addressing stalking. MALS, with the help of the community, especially the legal community, is lighting the path to recovery for our community. While we know that 2022 will present challenges, with the support and assistance of our partners, funders, and volunteers, we stand ready to address them. 

Community Legal Center Assisting Parents in Correcting Names of their Children By CHELSEA ALKHATIB, ESQ.

our name is one of the most precious things you can be called. Choosing a name for a child is a deeply personal and powerful experience for many parents. When welcoming a new child into their lives, parents have the opportunity to choose something special to them for their child, whether it be an old family name, a name of religious significance, or even the name of a favorite celebrity or character. Cultures around the world name their children differently, each unique. Some names include generations of ancestors within, others include the surname of both parents. Because of the rich diversity in Memphis, parents from around the world give birth in Memphis area hospitals, but many struggle to name their children as they are required to conform to the strict naming standards set forth by the law. At the Community Legal Center, we are working to help parents name their children the name that they desire after they leave the hospital and see the error. We have seen a variety of cases where parents have struggled with local hospitals to put the desired or even correct name down on the birth certificate. This can be for cultural reasons. We have seen families from countries in Africa who do not give children their own surnames struggle as the hospital will not allow these parents to use the name they chose and instead will often only use Father’s surname. While parents are unable to choose a different surname for their child in the hospital, our attorneys have worked to ensure that the courts understand these cultural dynamics and help these families get all documents in order naming their child as they desire. We have also seen that there

can be confusion in the hospital due to language barriers. For Spanish speakers who have difficulty with language access and limited availability of interpreters, often the standard practice of using both last names of the parents for the child is lost and only the father’s name is put on the birth certificate. Those who do not know to act quickly enough to make some of these changes with vital records within the child’s first year of life, must take on the extra expense of needing to hire an attorney and file for a name change in court. Often times they are also in need of language interpreters and cannot understand the forms to complete them properly. This is where CLC steps in. We help with the paperwork and locate interpreters and translators so the parties know exactly what they are signing and ensure all changes are spelled correctly for vital records. While challenging and frustrating for families, for attorneys, this is incredibly rewarding work as you help a family formalize the name they wish for their child. Families are so grateful because they do not know what to do first and, too often, there are language barriers in obtaining counsel or managing the court forms which are currently only available in English. The difference we make is tangible and immediate. If you would like to assist in cases like this, please contact our offices at 901-543-3395. If you would like donate to the Community Legal Center to support continued civil attorney funding or any of our other programs, please visit our website at clcmemphis. org or contact our offices.  19

You Deserve the Best 800+ LAWYERS. 3,000+ STAFF. $10+ BILLION RECOVERED. Morgan and Morgan-Memphis is a proud supporter of the Memphis Bar Association and all of the programs the MBA does to help the legal community of Memphis.

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Offices Nashville & Memphis

Annual Meeting Recap History was made as Peter Gee, the first Asian-American President of the Memphis Bar Association passed the gavel to Tannera George Gibson, the Bar's first African American Female President, during the Annual Meeting on December 2, 2021.

Watch Tannera Gibson’s speech

View the entire Annual Meeting including a special video message to Peter Gee and additional tributes to Sean Hunt.

2022 MBA Executive Committee

New Board Members

New MBA Section Representatives

Title Sponsor BankTennessee

Our Title Sponsor, BankTennessee, was recognized for their continued support of the Memphis Bar Association. Photo (left to right) Michelle McLaughlin, Downtown Branch Manager; Joel Porter, BankTennessee Chairman, Partner at Burch, Porter & Johnson, and past MBA President; Mayor Jim Rout, President; Joe Kelly, Commercial Lender; and Brian Lowery, Chief Credit Officer

Annual Awards Sam A. Myar, Jr. Memorial Award

Chancellor Gadson William Perry is the 2021 recipient of the Sam A. Myar, Jr. Memorial Award. for his outstanding personal service to the Memphis & Shelby County legal profession and community. The award is given annually to a member of the Memphis Bar Association, who is 40 years of age or younger, and has rendered outstanding personal service to the Memphis & Shelby County legal profession and community. Photo: Former MBA Board Member Ed Stanton was pleased to present Chancellor Perry with the Sam A. Myar, Jr. Memorial Award

View More Annual Meeting Photos 22

Annual Awards (cont'd) Judge Jerome Turner Lawyer's Lawyer Award

Sean Antone Hunt is the recipient of the 2021 Judge Jerome Turner Lawyer's Lawyer Award. The award is presented annually to a MBA member who has practiced law for more than 15 years and who, during that time, has exemplified the aims and aspirations embodied in the Guidelines for Professional Courtesy and Conduct. His family graciously accepted the award on his behalf.

2021 President's Award

Maury Tower is the recipient of the 2021 President's Award for her outstanding service and commitment to the MBA as interim executive director. The President's Award is presented annually to an individual who has made a profound impact on the organization.

President’s Circle Partners During the annual meeting, we welcomed Jennifer and Joel Hobson, Principal Broker and Owner of The Hobson Company as our newest President's Circle Partner. They join the MBA's committed President’s Circle Partners to date:

The President’s Circle is an elite partnership level creating a VIP experience to top supporters of the MBA that includes recognition, advertising across all digital platforms, and special events and other opportunities to engage with members of the Bar. Partners enjoy customizable packages tailored to their business needs.

Bar Scene

Family Law Seminar

Bar Scene

Open House

Bar Scene

Open House

Bar Scene

Open House

JOSEPH CLARK Joseph Clark, a shareholder, was re-elected to the Lewis Thomason Board of Directors for another two-year term. Clark maintains a general civil trial practice with a focus primarily on medical malpractice defense. He serves on the firm's Board of Directors and is chair of the firm's Healthcare Practice Group. Clark is a Rule 31 Listed General Civil Mediator and has been named Best Lawyers® 2021 Medical Malpractice Law/Defendants “Lawyer of the Year” in Memphis. PROFESSOR DEMETRIA FRANK The University of Memphis Cecil C. Humphreys School of Law has named Professor Demetria Frank as its new Associate Dean for Diversity & Inclusion. In this role, Frank will oversee the law school’s efforts in diversity and inclusion, while also remaining on the law school’s faculty. Frank has served for three years as the school’s director of the Office of Diversity & Inclusion, where she established the high school-focused Bass, Berry, & Sims Summer Trial and Advocacy Institute (STAI) and Prelaw Undergraduate Scholars Program (PLUS). JAMIE GIBBER Jamie Gibber has joined Lewis Thomason as an associate attorney in the firm’s Memphis office. Gibber graduated magna cum laude from the University of Memphis Cecil C. Humphreys School of Law with a JD-MBA degree. While in law school, Gibber worked as a judicial extern for Judge Thomas L. Parker of the U.S. District Court for the Western District of Tennessee. She served as Notes Editor for Volume 51 of The University of Memphis Law Review, was a member of the Moot Court Board, and was President and co-founder of the Jewish Law Student Association. Prior to law school, Gibber earned her Bachelor of Arts degree in Education with a minor in Judaic Studies from Hebrew Theological College in 2017.

JENNIFER S. HAGERMAN Jennifer S. Hagerman with Burch, Porter and Johnson has been appointed as Vice-Chair of the Board of Professional Responsibility, pursuant to Tennessee Supreme Court Rule 9, Section 4.2. CHANCELLOR JOEDAE JENKINS Congratulations to Chancellor JoeDae Jenkins who is the recipient of the 2021 Chancellor Charles A. Rond Memorial Award. Chancellor Jenkins was presented with the award during the YLD Annual Meeting and Elections. This award is presented by the YLD to a local judge on an annual basis in honor of the late chancellor who was known for his intelligence, fairness, integrity, and wit. MARGARET COOPER RONEY Lewis Thomason has elected Margaret Cooper Roney, a shareholder in the firm’s Memphis office, to the firm’s Board of Directors. Roney has a diverse litigation practice throughout West Tennessee, with an emphasis in representing defendants in healthcare liability, transportation, product liability, and personal injury litigation. She serves on the firm’s recruitment committee and is responsible for interviewing and hiring candidates for the firm’s summer associate program. Roney is also active in her community, serving on many non-profit boards. She also serves on the firm’s diversity, equity, and inclusion committee, InclusivLT. A. GARDNER RUDOLPH AND STEVEN C. SAHAROVICI Nahon, Saharovich and Trotz is pleased to announce that A. Gardner Rudolph and Steven C. Saharovici have joined the firm as associates in the auto accident and workers’ compensation practice groups. Rudolph obtained his Bachelor of Science in Business Administration from the University of Tennessee in Knoxville, where he was on the Dean’s List and

SUBMIT YOUR NEWS AND UPDATES

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. 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 kswan@memphisbar.org. 27

was a member of the National Society of Collegiate Scholars. He earned his law degree from the University of Memphis Cecil C. Humphrey’s School of Law. While in law school, Rudolph was a judicial assistant to Magistrate Judge Diane Vescovo. Saharovici earned his Bachelor of Science in Business Administration and Economics at the University of Missouri, where he served as president of Alpha Epsilon Pi. He obtained his law degree from the University of Memphis Cecil C. Humprey’s School of Law. While in law school, Saharovici earned the Cali Excellence for the Future Award for ADR, Negotiation and Mediation as well as for the Neighborhood Preservation Legal Clinic. Saharovici also was on the Dean’s List for Outstanding Oral advocate and won Top 5 Oral Advocate in the Freshman Moot Court Competition.

Joseph Clark

Professor Demetria Frank

Jamie Gibber

Jennifer S. Hagerman

Chancellor JoeDae Jenkins

Margaret Cooper Roney

A. Gardner Rudolph

Steven C. Saharovici

Linda Warren Seely

LINDA WARREN SEELY Linda Warren Seely with Butler Snow in Memphis has been appointed to the Alternative Dispute Resolution Commission. She will serve a three-year term beginning January 10, 2022. REBEKKA FREEMAN TERRELL Rebekka Freeman Terrell was sworn in on December 2, 2021 as the Chief Administrative Officer to the Shelby County Criminal Court Clerk’s Office by Judge Lee Coffee. A graduate of the University of Tennessee (2009) and the Cecil C. Humphreys School of Law (2014), Terrell previously served as Employee Relations Manager at The University of Tennessee Health Science Center, in the Shelby County Schools, and as an Assistant District Attorney. In addition to her professional endeavors, she is also an active volunteer with Big Brothers Big Sisters and the Junior League of Memphis. JAMIE THOMPSON Jamie Thompson joins Lewis Thomason is as an associate attorney in the firm’s Nashville office. Thompson focuses his practice in the areas of general civil litigation, transportation, labor and employment, and education. Thompson graduated the University of Tennessee College of Law with a concentration in Advocacy & Dispute Resolution. During law school, Thompson was a member of the College of Law’s National Trial team for two consecutive years and served on the Moot Court Board’s Executive Board. He also worked as a graduate assistant for the University of Tennessee’s Office of Student Conduct & Community Standards where he investigated and adjudicated hundreds of student behavioral and academic misconduct claims.

Rebekka Freeman Terrell

Jamie Thompson

Memphis Lawyer Magazine Vol. 38 Winter 2021

Articles inside