Nashville Bar Journal | August 2011

Nashville Bar Journal August 2011 - VOL 11, NO. 7

Juveniles and the Sex Offender Registry: Rehabilitate or Castigate?

------------------------------------------------------------------------------

Making History: NBA Oral History Project Gareth Aden

------------------------------------------------------------------------------

Belmont Inn of Court Claudia Levy

------------------------------------------------------------------------------

Bill & Phil’s Gadget of the Month: A New Social Network And Music On the Cloud Bill Ramsey and Phillip Hampton

------------------------------------------------------------------------------

NBA Annual Picnic Registration

------------------------------------------------------------------------------

At the end of the day...

Who’s Really Watching Your Firm’s 401(k)?

And, what is it costing you?

NBA MEMBER PICNIC September 22, 2011  Hall of Fame Park 5:30 pm - 8:30 pm

(front lawn of Country Music Hall of Fame)

• Does your firm’s 401(k) include professional investment fiduciary services?

• Is your firm’s 401(k) subject to quarterly reviews by an independent board of directors?

The 14th Annual Nashville Bar Association Member Picnic will be held on September 22, 2011! This event is FREE for all NBA Members

• Does your firm’s 401(k) feature no out-of-pocket fees?

BBQ - Open Bars Socializing

If you answered no to any of these questions, contact the ABA Retirement Funds Program to learn how to keep a close watch over your 401(k).

Phone: (800) 826-8901 email: contactus@abaretirement.com Web: www.abaretirement.com

The event begins at 5:30 pm with dinner served at 7:00 pm.

The Hall of Fame Park is located centrally downtown between the Country Music Hall of Fame, Downtown Hilton Hotel and the Schermerhorn Symphony Center.

We look forward to seeing you all there!

Please RSVP using the form on page 18 or RSVP Online at www.nashvillebar.org Who’s Watching Your Firm’s 401(k)?

The American Bar Association Members/Northern Trust Collective Trust (the “Collective Trust”) has filed a registration statement (including the prospectus therein (the “Prospectus”)) with the Securities and Exchange Commission for the offering of Units representing pro rata beneficial interests in the collective investment funds established under the Collective Trust. The Collective Trust is a retirement program sponsored by the ABA Retirement Funds in which lawyers and law firms who are members or associates of the American Bar Association, most state and local bar associations and their employees and employees of certain organizations related to the practice of law are eligible to participate. Copies of the Prospectus may be obtained by calling (800) 826-8901, by visiting the Web site of the ABA Retirement Funds Program at www.abaretirement.com or by writing to ABA Retirement Funds, P.O. Box 5142, Boston, MA 02206-5142. This communication shall not constitute an offer to sell or the solicitation of an offer to buy, or a request of the recipient to indicate an interest in, Units of the Collective Trust, and is not a recommendation with respect to any of the collective investment funds established under the Collective Trust. Nor shall there be any sale of the Units of the Collective Trust in any state or other jurisdiction in which such offer, solicitation or sale would be unlawful prior to the registration or qualification under the securities laws of any such state or other jurisdiction. The Program is available through the Nashville Bar Association as a member benefit. However, this does not constitute an offer to purchase, and is in no way a recommendation with respect to, any security that is available through the Program.

Nashville Bar Journal A Monthly Publication of the Nashville Bar Association

www.nashvillebar.org

Juveniles and the Sex Offender Registry: Rehabilitate or Castigate?

PAGE 6

Everette Parrish

Belmont Inn of Court PAGE 10

Claudia Levy

FROM THE PRESIDENT Take Time for Yourself PAGE 2

Bob Mendes, MGLAW, PLLC

_______________________________________________ 4 Communiqué • Carbolic Smoke Ball • NBA Open House • Free Member Picnic!

• Lawyers for Littles • Golden Oldies • Upcoming Events _________________________________________________________ 8

August 9 - 11:30 am L.A.W. Meeting August 10 - 11:15 am CLE Committee Meeting August 11 - 11:30 am Environmental Committee Meeting August 16 - 12:00 pm Ethics Committee Meeting August 18 - 12:00 pm Government Committee Meeting August 23 - 11:30 am Napier-Looby Meeting August 24 - 6:30 - 9 p.m.

Honoring Seth Norman @ Maxwell House Hotel

August 25 - 10:30 am Executive Committee Meeting @ MGLAW September 22, 2011 NBA Free Member Picnic @ Hall of Fame Park October 4, 2011 Sixth Annual Tennessee Supreme Court Historical Society Dinner @ Hilton Downtown October 7, 2011 3rd Annual NBA Healthy Bar Party @ Waller Lansden November 5, 2011 NBF Fellows Dinner December 8, 2011 NBA Annual Meeting & Banquet @ Wildhorse

August 25 - 9:30 am Finance Committee Meeting @ MGLAW

Making History: NBA Oral History Project

Gareth Aden _________________________________________________________ 9

Wanted: A Photographer or Two

John McLemore _________________________________________________________ 12 NBA Headquarters Amenities _________________________________________________________

View Full Calendar online at www.nashvillebar.org

-Golden Oldies-

CLE Information - Center Section _________________________________________________________ 14 Bill & Phil’s Gadget of the Month: A New Social Network And Music On the Cloud Bill Ramsey, Neal & Harwell, PLC Phillip Hampton, LogicForce Consulting _________________________________________________________ 16 InCamera: Judge Joe P. Binkley, Jr. Bart Pickett, Hall, Booth, Smith & Slover, P.C. _________________________________________________________ 18 NBA PICNIC REGISTRATION FORM _________________________________________________________ 22

Disclosure - Announcements • Kudos • People on the Move • Firm News • In Memory _________________________________________________________ 24 Classified Listings _________________________________________________________

----------------------------------------------------------------------------------------------Identify the individuals in the photo. Be the first to email the correct answer to nikki.gray@nashvillebar.org and your name (along with your correct entry) will appear in next month’s issue.

------------------------------------------------------------------------

Nashville Bar Journal A Monthly Publication of the Nashville Bar Association

www.nashvillebar.org

Robert Mendes, Publisher William T. Ramsey, Editor-in-Chief ramseywt@nealharwell.com

Eleanor Wetzel, Managing Editor

FROM THE PRESIDENT

by Bob Mendes

Take Time for Yourself

eleanorwetzel@jis.nashville.org

Journal Staff: Nikki Gray, Director of Communications nikki.gray@nashvillebar.org

Tina Ashford, Communications Coordinator tina.ashford@nashvillebar.org

Editorial Committee: Kelly L. Frey Nanette Gould Marge Haines Kathleen Pohlid Tim Ishii Tracy Kane Rhett Parrish Bill Ramsey Stephanie Reevers Eleanor Wetzel

Nashville Bar Association Staff Gigi Woodruff Executive Director ----------Tina R. Ashford Communications Coordinator Susan W. Blair Director, Continuing Legal Education Shirley Clay Finance Coordinator Wendy K. Cozby Lawyer Referral Service Coordinator Nikki R. Gray Director of Communications Traci L. Hollandsworth Programs & Events Coordinator Judy Phillips CLE Coordinator Vicki Shoulders Membership Coordinator/Office Manager The Nashville Bar Journal, ISSN 1548-7113, is published monthly by the Nashville Bar Association at 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219, (615) 242-9272. Periodicals Postage Paid, Nashville, TN (USPS 021-962). Subscription price: $25 per year. Individual issues: $5 per copy.

POSTMASTER: Send address corrections to Nashville Bar Journal, 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219 No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. The Nashville Bar Journal is not responsible for the return or loss of unsolicited manuscripts or for any damage or other injury to unsolicited manuscripts or artwork.

All Articles and Letters contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association.

Nashville Bar Association 150 Fourth Avenue North Suite 1050 Nashville, TN 37219 615-242-9272 Fax 615-255-3026 www.nashvillebar.org

2

Nashville Bar Journal - August 2011

As we move toward the end of the summer, I'd like to encourage you to be sure to make time for yourself. For the good of our families, colleagues, clients, and ourselves, we all need time to recharge our batteries.

This topic has been on my mind due to unfortunate events in several of my cases. In one situation, a client's adult son took his own life. The son had been affected financially by the dispute I am litigating. In two other situations, a client's business stress resulted in divorce proceedings. As lawyers, many of us are around this sort of stress all the time, which can become unhealthy. Recent scientific studies confirm what we know intuitively – dealing daily with these high adrenaline situations can take its toll on your health over time. If we don't manage the stress, it can come to manage us.

For me, the sad events for my several clients made me redouble my efforts this summer to spend time with my wife and kids. It also motivated me to do a better than average job of unplugging from email when I was on vacation in June. I realize I am lucky in that I have a good support structure at home, with friends, and at the office. We should keep in mind that not all of our fellow lawyers have a functioning safety net. For those lawyers, the people most likely to notice that stress is stacking up are other lawyers; whether it is opposing counsel or our office mates.

If you know a lawyer who is having problems dealing with the stress of practice, or who has an addiction, please encourage them to contact the Tennessee Lawyers Assistance Program (www.tlap.org). As TLAP says on its web site, "Problems are not a sign of failure, but an opportunity for growth." When a lawyer calls TLAP, he can be assured of confidentiality. Pursuant to a Tennessee Supreme Court rule, communications with TLAP are confidential. Members of TLAP are relieved of the duty to report violations of ethical rules that are discovered as a result of their TLAP work. Also, according to Tennessee Code Annotated § 23-4-105, "The records, proceedings and all communications of any lawyers' assistance program shall be deemed confidential and shall not be available for court subpoena." The takeaway point is that TLAP is there to help when it is needed.

The Nashville Bar Association is also doing its part. On October 7, 2011, from 10:00 a.m. to 3:00 p.m., our Health and Wellness Committee will be hosting its Third Annual Healthy Bar Party at Waller Lansden. If the law has you feeling stressed, or if you are looking for ideas about how to get your life or practice back on track, please stop by. You will learn tips for overcoming anxiety and depression, the role that good nutrition plays in fighting stress and anxiety, what it really means to have a balanced life, and much more. The Healthy Bar Party is free to attend; however, donations will be accepted at the door for the William Cain Revolving Loan Fund. This fund provides the necessary means to get lawyers needed treatment during the most difficult times.

My most sincere desire was to think of something uplifting to add to the end of this message. But, I think the best I can do is to repeat what a TBA President said in her column on this topic some years ago. In September 2007, Marcia Eason wrote in her President's Perspective that:

2011 NBA BOARD OF DIRECTORS

I close with the focus on hope — we are all in this wonderful but demanding profession as lawyers together. We can reach out and help one another. By learning more about signs of depression, intervention and recovery, we can make a difference in ourselves and in our profession.

SERENITY PRAYER Grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference.

Please let's fight for ourselves and the health of our profession as hard as we fight for our clients. Take care. n

Robert J. Mendes, President John D. Kitch, President-Elect Barbara J. Perutelli, First Vice President John J. Griffin Jr., Second Vice President Alisa C. Peters, Secretary William Robert Pope, Treasurer M. Bernadette Welch, Assistant Treasurer Gareth Aden, General Counsel Rebecca C. Blair Robert E. Boston C. Dawn Deaner Charles K. Grant Barbara D. Holmes Michele M. Johnson Hon. Randy Kennedy Patricia Moskal Tracy Shaw Tom Sherrard Hon. Marietta Shipley Emily A. Shouse Michael D. Sontag John R. Tarpley Mandy Haynes Young

Got an Idea for an NBJ Article?

We want to hear about the topics and issues readers think should be covered in the magazine.

Send it to nikki.gray@nashvillebar.org

Nashville Bar Journal - August 2011

3

communiqué NBA Open House We held an open house on July 12 from 3-6 p.m. and over 100 members showed up to take a tour of the bar headquarters! We are very excited to show off our new state-of-the-art conference rooms, a top-rate educational facility, community resources and the spaces that members will be able to use for offsite client meetings, despositions and functions.

If you were not able to come to the open house we welcome you to come by anytime! Someone on staff will take you on a personalized tour or you may tour freely if you prefer.

NBA Free Member Picnic!

Please join us for the free member picnic on Thursday, September 22, 2011, at the Hall of Fame Park! The picnic will feature a barbecue dinner and assorted beverages. The event offers a wonderful casual environment to mingle with your colleagues in the Nashville legal community.

Hope to see you all there!

3rd Annual NBA Healthy Bar Party THE LAW GOT YOU FEELING STRESSED, OVERWHELMED? LOOKING FOR SOLUTIONS TO GET YOUR LIFE AND YOUR PRACTICE BACK ON TRACK?

Then come to the Third Annual Healthy Bar Party on Friday, October 7, 2011, at the offices of Waller Lansden, Nashville City Center, from 10 a.m. - 3 p.m.

You will learn tips for overcoming anxiety and depression, the role that good nutrition plays in fighting stress and anxiety, what it really means to have a balanced life, and so much more. Throughout the day we'll offer healthy snacks, free wellness checks, and chair massages.

The cost? It's free! However, we will be accepting donations to the William Cain Revolving Loan Fund program at the door.

The Third Annual Healthy Bar Party is brought to you by the Nashville Bar Association's Health and Wellness Committee and is Sponsored by Tennessee Lawyer's Assistance Program

We look forward to seeing you on October 7!

4

Nashville Bar Journal - August 2011

NBA NEWS n COMMITTEE INFORMATION

n

SPECIAL EVENTS

n

NBA NEWS n COMMITTEE IN

"Lawyers for Littles" raises over $24,000 for Big Brothers Big Sisters of Middle TN The “Lawyers for Littles” Bowl for Kids’ Sake event, organized by Laura Bishop of the Law Offices of John Day, P.C.; Thomas W. Shumate IV of Kay, Griffin, Enkema & Colbert, P.L.L.C; David Wicker of Corbett Crockett; and James Crumlin of Bone McAllister Norton, took place May 17 at Hillwood Strike and Spare in West Nashville. Twenty-one teams of attorneys, law firms and other legal organizations participated to help make this year’s event a striking success.

While the night was more about raising money for the “Littles” than anything else, there were several noteworthy team and individual efforts. Those taking home the trophies and honors were: Top Fundraising Team Kay, Griffin, Enkema & Colbert, P.L.L.C. Top Fundraising Individual Thomas W. Shumate IV – Kay, Griffin, Enkema & Colbert, P.L.L.C. Best Dressed Team – Law Offices of John Day, P.C. Best Team Spirit – Appellate Court Clerks – Middle Division Best Team Name – “Guttering Gourmet Group” –Big Brothers Big Sisters of Middle TN Highest Team Score – Frost Brown Todd Highest Individual Score – Greg Elmore, Lattimore, Black, Morgan & Cain For more information on how to get involved with the “Lawyers for Littles” event next year, please contact Laura Bishop (lbishop@johndaylegal.com) or Tom Shumate (tom.shumate@kaygriffin.com).

Laura Bishop of the Law Offices of John Day, Thomas W. Shumate IV of Kay, Griffin, Enkema & Colbert, and James Crumlin of Bone McAllester Norton present a check for $23,000 to Big Brothers Big Sisters of Middle Tennessee.

-Golden Oldies-

Mitch Grissim was the first to correctly identified the individuals in the July Golden Oldies photo.

Pictured are: Tom Thurman and Randy Kennedy

NFORMATION

n

SPECIAL EVENTS

n

NBA NEWS n COMMITTEE INFORMATION

n

SPECIAL EVENTS

n

NBA NEWS n COMMITTEE INFORMATION

n

YLD Carbolic Smoke Ball On July 9, 2011, the Nashville Bar Association’s Young Lawyers Division held the 14th Annual Carbolic Smoke Ball.

Proceeds from this year’s event will benefit two local nonprofit organizations: CASA Nashville & Hands on Nashville. This year’s fundraiser, co-chaired by Colleen Sweeney & Will Hicky, featured live music from Nashville performing artist Shane Tutmarc and his band, heavy hors d’oeuvres and desserts (catered by the Bound’ry), casino gaming by Best Bet Events, and an open bar (wine, beer & cocktails).

A big thank you to our generous sponsors, hosts, and committee members!

2011 CARBOLIC SMOKE BALL SPONSORS: GOLD: Baker Donelson Bearman Caldwell & Berkowitz, PC; Bass Berry & Sims, PLC; Waller Lansden Dortch & Davis, LLP SILVER: Bradley Arant Boult Cummings, LLP; Gullett Sanford Robinson & Martin PLLC; Kraft CPAs, PLLC; Littler; Neal & Harwell, LLP; Stites & Harbison, PLLC; Waddey & Patterson P.C. BRONZE: Adams & Reese, LLP; Burr & Forman, LLP; Dickinson Wright PLLC; Frost Brown Todd, LLC; MGLAW, PLLC; Miller & Martin, PLLC; Sherrard & Roe, PLC; Walker Tipps & Malone PLC CORPORATE: Bound’ry; McDougal’s; Premier Parking; Red Dog Wine & Spirits 2011 CARBOLIC SMOKE BALL HOSTS: Emily & Robb Bigelow, Michael Bracken, Becca Brinkley, Mary Taylor Gallagher, Jeff Gibson, George Green, Lauren & Josh Helton, Whitney Henry, Will Hicky, Matthew & Jenny Beth Kroplin, Claudia & Ryan Levy, Janis Mize, Rob & Megan Pinson, Emily & Mark Plotkin, Matt Potempa, Kim & Michael Stagg, Colleen Sweeney, Kelly & Brad Telfeyan, Frank & Courtney Wilbert, Patty Wise 2011 CARBOLIC SMOKE BALL COMMITTEE: Co-Chairs: Colleen Sweeney & Will Hicky; Committee Members: Bahar Azhdari, Robb Bigelow, Mike Bracken, Bill Fiala, Mary Beth Haltom, Matt Hardin, Whitney Henry, Melissa Hughes, Jennifer Neal, Rob Pinson, Matt Potempa, Rachel Ross, Lindsay Schenk, Kelly Telfeyan, David Wicker, Kathryn Wiseman

UPCOMING EVENTS: ----------------------------------------------NBA Picnic Thursday, September 22, 2011 @ Hall of Fame Park ---------------------------------------------------

2011 Directory Photography September 1 - September 30

The photography for the 2012 NBA Photo Directory has been set for September 1st September 30, 2011. Contact Bob Siddens Photography at (615) 419- 0355 or at bob@bobsiddensphoto.com if you have any questions or would like to schedule a session.

Sixth Annual Tennessee Supreme Court Historical Society Dinner October 4, 2011 @ Hilton Downtown -------------------------------------------------------------3rd Annual NBA Healthy Bar Party

Friday, Oct. 7, 2011, at Waller Lansden, Nashville City Center, 511 Union Street, Nashville TN.

-------------------------------------------------------------NBA Fellows Dinner November 5, 2011 -------------------------------------------------------------NBA Annual Meeting & Banquet @ Wildhorse December 8, 2011 --------------------------------------------------------------

Nashville Bar Journal - August 2011

5

“But even if he has been wicked,” pursued Rose, “think how young he is; … for mercy’s sake, think of this, before you let them drag this sick child to a prison, which in any case must be the grave of all his chances of amendment.”

—Charles Dickens, Oliver Twist (1838)

Juveniles and the Sex Offender Registry: Rehabilitate or Castigate? by:

Everette Parrish

On July 1, 2011, Tennessee began adding juveniles to the state’s sex offender registry.1 Is this new law in keeping with the purpose of juvenile law in Tennessee, that is, to be “[c]onsistent with the protection of the public interest, remove from children committing delinquent acts the taint of criminality and the consequences of criminal behavior and substitute therefore a program of treatment, training and rehabilitation?”2 After several years wrestling with this major crime by delinquent minors, the governmental leaders of Tennessee believe that they have done just that: protected the public interest while at the same substituted treatment, training and rehabilitation, this time in the form of a confidential registry.

Oh, if only life issues were but right or wrong, yes or no – child or adult.

A child is a child, clearly in the first few years of life, but then as the child grows and starts to look more like an adult and do adult things, he or she is no longer a child at some point in time. So, the art in legislating any helpful juvenile law is to mark that point of crossover from “growing to grown,” then identify, protect and reserve that ‘child-like’ season of life, allowing it the full rights of childhood and the best treatment, training and rehabilitation the state can afford.

Several states solve this problem by transferring youth who commit certain criminal/delinquent acts automatically to adult courts, there to be prosecuted as an adult for all due process, conviction, and sentencing purposes.3 Tennessee does not automatically transfer juvenile offenses to adult criminal courts, but instead initiates transfer hearings held on a case by case basis, looking primarily at the seriousness of the offense, the youth’s past, and the likelihood of any realistic rehabilitation among other factors.4

6

Nashville Bar Journal - August 2011

While Tennessee lawmakers could have chosen to make “really bad” juvenile sex offenders simply adults by statute, publically releasing their name and mug-shot and forever branding them ‘sex offenders,’ they chose, instead, to respect the opportunity for rehabilitation and the fresh start afforded juveniles turning eighteen. They chose to make certain violent sexual offense information available only to law enforcement, so that it could be shared confidentially county to county, state to state. The new law applies only to the “worst of the worst” sexual offenses, and – for juveniles only – makes the offending juvenile’s participation in the sex offender registry a confidential one, reserved only for law enforcement eyes – that is, at least until the juvenile’s second eligible offense.5 Of the juvenile sexual offenses already codified in law, the five select offenses that will now place juveniles on the new confidential sex offender registry are termed “violent juvenile sexual offenses,” and they are: 1. Aggravated rape, under TCA § 39-13-502; 2.

Rape, under TCA § 39-13-503;

3. Rape of a child, under TCA § 39-13-522, provided the victim is at least four years younger than the offender; and 4. Aggravated rape of a child, under TCA § 39-13-531; and 5. Criminal attempt [of the four above], under TCA § 39-12-101.6 Very generally, the first involves force of a weapon, injury, or an accomplice, the second is for the other categories of unlawful sexual penetration, the third is for victims three to thirteen years of

age, and the fourth is for victims younger than age three. Commit or attempt to commit rape as a juvenile after July 1, 2011, in Tennessee and your name and information will likewise be ever before the TBI and law enforcement to be shared confidentially nationwide with other law enforcement7 – with conditions, of course.

One condition that helps the offender is that if the juvenile delinquent never offends again as a violent juvenile sex offender while under age eighteen and if, after turning eighteen, also never commits another sexual offense, that person at age twenty-five can fill out a form with TBI to have their name removed from the confidential list8.

However, other conditions not so favorable to the delinquent occur once that juvenile commits another of the violent juvenile sexual offenses as a juvenile.

Upon the second qualifying juvenile offense, their record would become public and their name would be forever in the public registry, even if that person is not yet eighteen. So, the confidentiality of the juvenile offenders record is only secure until the second violent juvenile sex offense or – if committed as an adult – until the very next sexual offense.9 Simply put, John Q Public may assume that with technology today, the internet and such, if a kid does something really nasty in one county and the act is adjudged a delinquent offense upon the juvenile court dockets of that one county, then all the other counties in Tennessee, being so well inter-connected, will know these same facts almost in real-time.

Then, continuing this misguided reality, if the ‘bad kid’ goes to another county, police in that other county will know to keep an eye on the ‘bad kid,’ and if he offends again in one of the five violently sexual ways, everyone will know that kid’s face and name. The truth is, Tennessee is improving in its technolo-

gies and on-line interconnectivities, but at present, all county court systems do not interconnect with all other county court systems, and certainly not with confidential juvenile records. At least now with this new law, the legislators reason, the counties are perhaps one step closer to shared information about important matters of public concern – that of keeping sex offenders away from potential victims and under the constant all-seeing eye of law enforcement.10 Linda O’Neill, Director of the Commission on Children and Youth in hearings before the Senate Judiciary Committee on May 17, 2011, stated, “The Commission has consistently been opposed to public registration of children who are adjudicated in juvenile court and opposes placing them on the sexual registry. We believe this legislation is probably the best we can get in terms of providing protection for children because it puts them on a private register, so it does address many of the concerns the Commission has had over the years.

Most juveniles, who are adjudicated for these offenses, if they receive appropriate treatment, never offend again. So, with this legislation, they will not be on a public registry, and they have the right to petition to get off of it at age twentyfive as long as they don’t have a subsequent offense. We believe it will help and therefore not be as discouraging for families to report family problems and to get treatment. It will be less stigmatizing because it will not be on a public register and yet it will still have elements of safety for those very, very, very few children who become repeat offenders and get on the registry. We would rather not have to deal with this at all, but if we are going to have a registry and respond to Adam Walsh, then this is the best way to balance public safety and intervention for children. We believe the Justice Department will approve this. They issued Continued on Page 20 

Nashville Bar Journal - August 2011

7

NBA NEWS

Making History by:

Gareth Aden

The Nashville Bar Association is making history . . . literally.

For the last year the NBA Historical Committee has been launching its Oral History Project. With the help of several court reporting firms and videographers who donate their videography services to the project, the committee has begun an effort to take the computerized disc history of a number of our more senior members so that their experiences and contributions to the rich history of the Nashville Bar Association can be preserved.

Jim Vowell (L) and Gene Jennings (R) of Vowell and Jennings Court Reporters with NBA Executive Director Gigi Woodruff (C).

The idea for such a project actually began several years ago as a state-wide effort of the Tennessee Bar Foundation. The problem was that the TBF could only do a limited number of sessions a year. Under the leadership of John McLemore, the NBA Historical Committee decided to assist in the Nashville area. The "Oral History" subcommittee is comprised of Hal Hardin, Paul DeWitt, Weldon White, Rebecca McKelvey, Ed Yarbrough and Gareth Aden.

Jim Davis, CLVS of Legal Video Service Each of the oral histories scheduled by the committee takes approximately 1½ hours and results in a CD or DVD that will be stored in the NBA and TBF archives and are available to be viewed by researchers, relatives and the public. The committee has learned that our interviewees often prefer to have a close friend at the Bar do their interview and this has produced some excellent historical interviews.

The committee and the entire NBA need to thank the following court reporters and videographers for the hours of time and expertise they have volunteered to this initiative:

Vowell & Jennings, Court Reporters

Jim Davis of Legal Video Services of Tennessee

Mike Mitchell of VCE "This initiative of our bar association is a great program and service, both to the bar association and to our members. We are grateful to the court reporters and videographers who help make the program possible," responds committee member, Hal Hardin.

Paul DeWitt adds that being the interviewer can be quite enjoyable. "I am amazed at how much you learn when you do the interview. My guess is that the interviewer has as much fun as the interviewee."

For more information about this initiative, contact John McLemore, Historical Committee chair. If you have suggestions for senior attorneys to be interviewed for the Oral History Project, please contact Hal Hardin or Gareth Aden. n Gareth S. Aden NBA Historical Committee

8

Nashville Bar Journal - August 2011

Wanted a Photographer or Two by:

John McLemore

For 35 years photographs of members of the Nashville Bar have been taken and preserved. I know because I have taken most of them.

It is my dream to practice law and shoot pictures right up to the night I receive my 50-year award. I believe that will be the first Thursday of December 2025, only 14 years from now.

Meanwhile it is my responsibly to find and train young lawyers who will serve as the Nashville Bar Association’s photographers for the next 50 years.

There are still a few lawyers and judges around who remember that before I was a lawyer, I was a reporter whose hobby was photography. For five fun-filled years, 1970 to 1975, I covered courts for the now defunct Nashville Banner.

During four of those years I attended the Nashville YMCA Night Law School, graduated and passed the bar.

When I walked out of the courthouse pressroom and into the legal department of Associates Capital Corporation, I was asked by NBA President John Kelley to be the first editor of the NBA newsletter. Jack Robinson, Sr. a member of the new Publications Committee named the newsletter The Docket. It evolved into The Nashville Bar Journal.

If The Docket needed a picture, I had to make it. The first photos were of the nominees for the NBA board of directors. This led to my taking photos at the annual banquet and picnic and the creation of the photoextravaganzas we published twice a year. They were collages of lawyers enjoying themselves at the banquet and picnic. There were always captions. Most just identified those in a picture. Some went far

beyond identification. They were funny, sarcastic even insulting. Everyone looked forward to their publication and then half the people pictured complained. It was great fun.

The first photos were black and white.

Ed Yarbrough and I developed and printed them in marathon darkroom sessions. Then a week or so later a wonderfully creative group would meet, eat barbecue and assemble the photoextravaganza.

Each time I photographed a lawyer, the NBA’s collection of photos grew. Today we have nearly 5,000 identified photos and several thousand more that have never been identified. There is probably a young John Edwards in one of our boxes of unidentified photos.

I no longer limit myself to banquets and picnics. When judges are sworn in, I try to be there. When judges retire, I try to be there. When lawyers gather and it appears I will be welcome, I try to be there. Each year I try to shoot every lawyer who attends the Boulevard Bolt on Thanksgiving morning. There are running lawyers who never attend a picnic or a swearing in.

For two or three years Marnee Baker shot photos for the NBA. If I could not make an event Marnee could. Alas, Marnee has moved out west.

The NBA Historical Committee needs young photographers and videographers. And, there are bound to be young lawyers out there who love photography. Shooting pictures is simple. Identification is a little harder.

The most difficult skill is developing the gall necessary to walk up to the senior members of the bar, nudge them into place and tell them to “look candid!” It

really helps for the membership to think of the lawyer with the camera as an “official bar photographer.”

Several years ago I was shooting a swearing-in at the U. S. District Courthouse. Lew Conner and I were just about the last to exit the courtroom. As we approached the door and the hallway walk to the juice and cookie reception, I was confronted by a Deputy U. S. Marshal. “Excuse me sir,” he said very officiously. “You are not allowed to take any pictures in the hallway or in any rooms between here and the reception.”

I assured the Deputy I knew the drill and would behave myself.

As the Deputy walked away, Lew announced to everyone 30 feet in front and behind us including the Deputy, “Damn McLemore! You are getting old!”

“What makes you say that, Lew?” “That young marshal does not know who you are!”

There are a lot of young lawyers who do not have a clue who I am. And, unfortunately, I don’t know them either. Now is the time to build a pool of photographers who can continue gathering images of the Nashville Bar. Anyone interested in becoming an NBA living legend, call John McLemore 3839495 and volunteer. n Nashville Bar Journal - August 2011

9

FEATURE

Belmont Inn of Court by:

Claudia Levy

This month, Belmont University College of Law opens its doors to welcome its inaugural class. The College’s mission is to prepare its students to become professional counselors, advocates, and judges by emphasizing the importance of ethics, professionalism, and integrity in all curricular and co-curricular activities. One way in which ethics and professionalism will be emphasized is through participation in the Belmont University College of Law American Inn of Court (Belmont AIC), which is holding its first meeting at the law school this month.

What is an American Inn of Court?

An American Inn of Court is an amalgam of judges, lawyers, and in some cases, law professors and law students that loosely follows the British model of apprenticeship. The mission of the American Inns of Court is to foster excellence in professionalism, ethics, civility, and legal skills for judges, lawyers, academicians, and students of the law in order to perfect the quality, availability, and efficiency of justice in the United States. Each Inn meets approximately once a month to hold programs and discussions on matters of ethics, skills, and professionalism. Members learn side-byside with the most experienced judges and attorneys in their community.

History of the American Inns of Court American Inns of Court are patterned after the English Inns of Court, which date back to 1292. After participating in an Anglo-American exchange of judges and lawyers in the 1970s, Chief Justice Warren 10

Nashville Bar Journal - August 2011

Berger led the movement to create a similar program in the United States. The first Inn was founded in the Salt Lake City/Provo, Utah area in 1980 and was affiliated with the J. Reuben Clark School of Law at Brigham Young University. By the mid-1980s, Inns began to form at a rapid pace across the country.

Today, there are more than 25,000 judges and lawyers actively participating in an Inn of Court. There are also more than 69,000 judges and lawyers who are alumni of an Inn. Belmont University College of Law American Inn of Court Belmont University College of Law American Inn of Court is the eighth American Inn of Court in Tennessee and the fourth in Middle Tennessee. The other local Inns include The Harry Phillips AIC in Nashville, The Tennessee John Marshall AIC in Franklin, and The Andrew Jackson AIC in Murfreesboro.

The members of Belmont AIC are drawn from all segments of Middle Tennessee’s legal community, including judges, lawyers in private practice, corporate counsel, government lawyers, and academics. The organizing committee, which includes Dean Jeff Kinsler, former Chief Justice Frank Drowota, Justice William C. Koch, Judge Angelita Blackshear Dalton, Anne L. Russell and A. Gregory Ramos recruited members of the bench and bar who have demonstrated their commitment to the finest traditions of the legal profession to become the founding members of Belmont AIC.

Belmont AIC members are also mentors to Belmont law students. In addition to attending the nine monthly meetings, each member of the Inn will help introduce two or three first-year law students to the practice of law by: • Helping mentees make the transition into law school • Assisting with the future success of mentees by helping them make connections within the local legal community • Serving as a role model for mentees • Meeting mentees during a kickoff reception which will be held during first-year orientation • Communicating with mentees by email, phone, or one-on-one meetings • Sharing any tips or general advice with mentees about what to do during law school to be successful after graduation • Assisting mentees with practicerelated questions • Introducing mentees to the practice of law by taking them to trials, client interviews, depositions, closings, mediations, etc.

Through Belmont AIC, students have a unique mentoring and learning opportunity to interact with many wellrespected and high-profile members of the Nashville legal community in their first year of law school.

• Membership: Belmont AIC has 64 members, less than Harry Phillips AIC with 105 current members. The members of both Inns are drawn from Davidson County and the surrounding counties. Both Inns reflect the diversity of the bench and bar in Middle Tennessee as members come from large firms, mid-sized firms, small and solo practices, corporate legal departments, government agencies, federal, state, and local trial and appellate judges, public interest organizations, and members of both the plaintiff and defense bar.

• Member Classifications: Both Inns classify members in the same categories, based on years of experience in the profession.

The classifications are Master (15+ years of experience), Barrister (5-15) and Associate (0-5).

• Meetings: Both Inns meet once a month; however, Belmont AIC meetings are one hour shorter and less formal. Belmont AIC meetings serve casual food and do not have a cocktail hour.

• CLE: Both Inns provide 1.5 hours of CLE per month, produced and presented by members of the Inn.

• Dues: Belmont AIC yearly dues are determined by the membership classification, but average about $200 less than Harry Phillips AIC, due in part to lower food costs.

• Terms of Membership: Both Inns have staggered membership terms of 2-4 years depending on the attorney’s membership classification.

• Student involvement: First-year law students at Belmont are assigned a Belmont AIC mentor, and second and third-year Belmont Law students will have the opportunity to become student members. Student membership in Harry Phillips AIC is limited to students in their last year of law school (3rd if they attend Vanderbilt, and 4th if they attend Nashville School of Law).

For information about Belmont University College of Law American Inn of Court, please contact the law school at (615) 460-8400. n Claudia Levy is the Director of Career Services at Belmont University College of Law. She is a graduate of the University of Mississippi School of Law and Nashville Bar Association YLD board member since 2006. She can be reached at (615) 460-8400 or claudia.levy@belmont.edu.

Belmont AIC and Harry Phillips AIC Belmont University College of Law American Inn of Court is the second Inn of Court to open in Nashville. While there are many similarities, Belmont AIC differs from the Harry Phillips Inn of Court (Harry Phillips AIC) in a few ways: Nashville Bar Journal - August 2011

11

NBA Headquarter Amenities The new NBA Headquarters at One Nashville Place offer our members a wonderful array of rooms available for your use.

All rooms feature state-of-the-art technology including wi-fi.

Guest attorney office Where do you go if your office is not downtown, but you have appointments hours apart? We offer an "office away from your office." Free for use by any member, you will have a computer, laptop dock, printer and phone available for your use. Wi-fi is available. The kitchen is just across the hall, help yourself to a cup of coffee or one of the many beverages in the fridge.

CONFERENCE CENTER Our new conference center is perfectly suited to provide you with the very best in Continuing Legal Education. You will also spend time in this room during committee meetings and special events.

Some of the best features include: • Over 1400 sq. feet of classroom space • Integrated technology - choose from a large screen TV or video projection, all powered by an integrated computer system • Wireless technology - from wi-fi internet to wireless controls • Phone & video conferencing available • Room is available to be rented for depositions, meetings and other functions

yld room The YLD room offers a round table with seating for four. It may be used for meetings or depositions. In instances where the guest attorney office is in use, this room also has a desk set up to accommodate another attorney complete with a computer, laptop dock, printer and phone.

If you have questions on any of these rooms or would like to check availability, please contact: Vicki Shoulders vicki.shoulders@nashvillebar.org 615.242.9272

12

Nashville Bar Journal - August 2011

board room Our new board room is a spacious and comfortable room to enjoy your meetings.

Some of the best features include: • Large screen televisions at either end of the room can be controlled via integrated computer system • Wireless technology - from wi-fi internet to wireless controls • Phone & video conferencing available • Room is available to be rented for depositions, meetings and other functions

It's Your Move! Capital Campaign Contributors It is with sincere gratitude that we wish to acknowledge the pledges and contributions of the firms and individuals listed below. It is because of your support that the Nashville Bar Association-Nashville Bar Foundation “It’s Your Move” Capital Campaign was a resounding success.

Thanks to you, we met our goal!

Visionaries

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Bass, Berry & Sims, PLC

Leaders

Bradley, Arant, Boult, Cummings LLP Miller & Martin PLLC Neal & Harwell, PLC Sherrard & Roe PLC Waller Lansden Dortch & Davis LLP

Partners

Bone McAllester Norton PLLC Frost Brown Todd LLC NBA Young Lawyers Division Waddey & Patterson, P.C. Walker, Tipps & Malone PLC

Sustainers

Branstetter, Stranch & Jennings PLLC Burr & Forman Cornelius & Collins, LLP Manier & Herod MGLAW PLLC

Supporters

Harwell Howard Hyne Gabbert & Manner, P.C. Weatherly McNally & Dixon LPC Contributors Barrett Johnston, LLC Sandra Braber-Grove Gullett, Sanford, Robinson & Martin, PLLC Mary LaGrone Leitner Williams Dooley & Napolitan, PLLC Lewis, King, Krieg & Waldrop, P.C. Bob Pope Rothschild & Ausbrooks PLLC Thrailkill Harris Wood & Boswell, PLLC Trauger & Tuke Tune, Entrekin & White, PC White & Reasor, PLC Tom White Friends Gareth S. Aden Gail Vaughn Ashworth Lee Barfield Law Office of Bart Durham Tim L. Bowden Steve Cobb Lew Conner Dickinson Wright PLLC Jim Doran Mitch Grissim William L. Harbison Aubrey B. Harwell, Jr.

Trey Harwell Hon. Thomas Higgins Howard Tate Sowell Wilson Leathers & Johnson, PLLC John D. Kitch Tom Lawless Mary A. Parker of Parker & Crofford Robert J. Mendes Paul Ney Nissan North America, Inc. Thomas H. Peebles III Alisa Childers Peters Daniel H. Puryear, Esq. William T. Ramsey Jack R. Robinson, Sr. Maria M. Salas/Salas Law Group Thomas J. Sherrard Emily A. Shouse W. Scott Sims John Tarpley The Mediation Group of Tennessee, LLC Elizabeth Tipping Bob Walker Phillip E. Walker Tom Wiseman Gigi Woodruff Edward M. Yarbrough Mandy Haynes Young & Stephen Young Young Mayden, LLC Associates Adams and Reese LLP James (J.O.) Bass C. Dewees Berry IV Shirley Clay Hon. Frank Clement Hon. Lew Conner Garfinkle, McLemore & Young, PLLC Harris, Martin & Jones, P.A. Douglas Henry Jim Higgins Lela Hollabaugh John J. Hollins, Sr. Paul Toby Housch, Esq. Hughes & Coleman Kay, Griffin, Enkema & Colbert, PLLC Neal McBrayer Judge Gilbert S. Merritt Patricia Head Moskal A. Gregory Ramos Riley Warnock & Jacobson PLC Anne L. Russell Tracy Shaw Wilson Sims Smith Cashion & Orr, PLC Michael Sontag W. Lee Corbett, P.C. Charles H. Warfield

Sheree Wright 180 Club Patrick Alexander Kimberly Allen Tina R. Ashford James L. Bass Richard Beeler Honorable Joe Binkley Susan W. Blair Zan Blue Robert Boston Martha Boyd & Rich Littlehale Judge Joe Brown Andrew W. Byrd Charles W. Cagle Kathryn S. Caudle Honorable Cornelia A. Clark Bill Cohen Stephen E. Cox Wendy Cozby In honor of Judge Martha Craig Daughtrey Maclin P. Davis Jr. Mary Taylor Gallagher Larry H. Hagar David B. Herbert Judge Bill Higgins Traci Hollandsworth Lynda F. Jones Charles A. Leach Mary Frances Lyle Andy Maloney Peggy D. Mathes Amanda McClendon Chancellor Carol L. McCoy Richard McGee Gray McLeod W. Warner McNeilly Jr. Malinda Moseley Rachel Z. Odom Marc Overlock Cynthia N. Sellers Culwell E. Ward Kent M. Weeks M. Bernadette Welch Jonathan F. Wing Fellows Frank E. Lee Ward DeWitt Jr. Frank Grace Nikki Gray Judy Phillips Arun Rattan Helen S. Rogers Vicki Shoulders Martin Sir Paul R. White

The NBA and NBF would also like to express our deep appreciation to the following individuals who volunteered their invaluable talents and countless hours toward making the new NBA/NBF headquarters a reality: Campaign Co-Chairs: Aubrey B. Harwell, Jr. and Aubrey B. (Trey) Harwell III 2011 NBA President and Facilities Committee Chair: Robert J. Mendes Facilities Committee Members: Anne Arney; William L. Harbison; Neal McBrayer; Patricia Head Moskal; William T. Ramsey; Tracy Shaw; Tom Sherrard; Elizabeth Tipping; and Phillip E. Walker Nashville Bar Journal - August 2011

13

BILL AND PHIL’S GADGET OF THE MONTH CLUB By: Bill Ramsey of Neal & Harwell, PLC and Phillip Hampton of LogicForce Consulting

A New Social Network And Music On the Cloud 1. A New Social Network If you're like us and you always seem to have an extra hour or two a day to update all your social networking profiles as well as keep up with all of your high school classmates' grandkids, well, you'll just be ecstatic over yet another entry into the crowded field of social networking sites.

Google+ debuted to much fanfare this summer while most of us were uploading our vacation photos to our Facebook profiles. You may have noted by our understated sarcastic tone that we are not huge social networking junkies; however, with Facebook claiming that it has over 750 million active users, we recognize that the social networking phenomenon is something that can't be ignored. Law firms are using social media for recruitment, for investigation, for promotion, and for classaction group building. Social networking sites are also necessarily becoming targets of e-discovery requests in litigation. In short, if you're a lawyer, you need to be aware of social media.

By a wide margin, Facebook is still the king of the social networking sites in terms of popularity. Twitter is a distant second, followed by the more business-friendly Linkedin site. So Google+ is arriving late to the game in an already crowded playing field. One wonders whether Google+ will offer enough in the way of innovation and the cool factor to make a dent in Facebook's huge lead. Not long ago, we witnessed another similar contest between one of the pioneering social networking sites, MySpace, and the brash, new upstart site with all the fresh ideas and cool interface. It was the upstart that won that competition handily; and that upstart was Facebook. We'll see how Facebook can defend its turf to the new upstart in the game, an upstart with considerable cash and cache already on the web.

14

Nashville Bar Journal - August 2011

By all accounts, Google+ has made an incredible showing out of the gate. As is customary for many new Google projects, membership to the new social networking site is by invitation only. Maybe there are practical considerations for rolling out new services in a gradual fashion; nonetheless it is an ingenious marketing ploy as users have been falling all over themselves trying to get an invitation to join Google+ since the site's launch at the end of June. (We're so pleased that we received an invitation early on to Google+) One month into this invitationonly, staged rollout, Google+ has amassed a reported 18 million users. An impressive start with a ways to go before panic sets in at Facebook.

So what is it about Google+ that distinguishes it from Facebook? First of all, Google+ has the great advantage of being a Google product. Once you sign up for Google+, access to the site is conveniently placed on the Google home page, which just happens to be the default home page for millions of internet users around the world. Millions of people utilize Google websites for internet searching, for e-mail (G-mail), for news, for shopping, and for maps and directions. It is now just as convenient to use this same interface to stay connected with all of your social networking friends. Furthermore, the interface itself is simple, clean, and user-friendly, a staple of Google-developed applications.

One of the characteristics of the Google+ interface that is getting a lot of attention is the ability to group your "friends" into functional categories, called "circles". For example, you can have groups, or circles, of friends called "Acquaintances", "Family", "Work", "Business Associates", "Close Friends", or whatever kind of grouping you want to create. This self-imposed grouping of your friends into categorical circles is seen only by you. You can then target the information (posts, photos, videos, etc.) that is available to your friends based upon the circle where

you have placed them. So if you want to share your family photos with just family members that have friended you on Google+, you can do that very easily. This flexibility in privacy settings for your profile information is a huge plus for Google+. Facebook defenders will point out that you can also create groups of friends in Facebook; however, it is not nearly as user-friendly using the Facebook interface.

Another advantage touted by early adopters of Google+ includes the integration with Google's popular, free photo-editing site, Picasso. Group text chats and video chats (called "hangouts") are also possible with Google+ if you are the chatting type. As might be expected there is a mobile version of Google+ that is available out of the gate that is easy to use with a nice, clean interface.

Where Facebook has the advantage over Google+ (besides having a 750 million user base) is that branded business pages are already a part of the Facebook model. Google says that Google+ will eventually have commercial profiles; however, that portion of the site has not been rolled out yet.

We expect that it will just be a matter of time before Google+ will also become a desired informational and marketing platform for businesses and special interest groups.

So the game is one. Will Google+ shake up the social networking world with its new interface and backing of the 800 pound gorilla known as Google? Or will it land with a thud as did Google's last ill-fated attempts to tame the social networking beast, Google Buzz and Wave? We shall see.

Your invitation to cast your ballot may be sitting in your Inbox now.

BILL AND PHIL’S GADGET OF THE MONTH CLUB

2. Music on the Cloud There is a “Cloud” hanging over digital music these days. And your music can be stored in that Cloud. There are several options available for storing and playing music that is stored on the Cloud. We will not provide an exhaustive list here, but rather will identify and describe some of the major players for you.

Spotify (www.spotify.com) Spotify is a music storage and streaming service that launched in the US just last month. It has created quite a buzz. As you may know, Spotify is a service of Spotify AB, a Swedish company. The service has long existed in the Europe. It has received rave reviews What is Spotify? It is a service that provides access to over 13 million songs. The breadth of its catalog is simply amazing.

If you’re one of the lucky few to already receive an invite to the free version of the service here in the US, then you know that you can stream any of these songs free of charge on your computer, if you don’t mind the advertisements. However, you can get Spotify without an invitation, if you’re willing to pay for the service. Being the geeks that we are, we signed up for the pay version of Spotify. We think it is worth it.

While you might not be able to stream music by all your favorite artists, you will find music from the vast majority of them.

For example, one of our favorite artists is a 1960s Flamenco guitarist name Sabicas.

Spotify has the largest collection of his music we have ever seen, complete with the album art. You can listen to each and every one of those albums, many of which were released on vinyl only.

If you have the Premium Service, you can download songs and listen to your favorite artists, even when you do not have an internet connection that lets you access the Cloud. Quite amazing!

Spotify gives you a large library, even if you do not have the tunes in your collection. The services that follow, Amazon’s Cloud Player, the iCloud, Google Music Beta, and Microsoft’s Sky Drive (discussed below) require that you supply the music Amazon’s Cloud Player (www.amazon. com) Amazon (yes the on-line retailer) starts with a free 5GB base plan for on-line storage that can be increased to 20GB, 50GB, 100GB, 200GB, 500GB, and 1,000GB, priced at $1 per gigabyte, per year (so that a 100GB plan costs $100 per year). For a limited time, customers who purchase an album from Amazon's MP3 store are automatically upgraded to a 20GB trial account for one year.

You can upload all of the precious media files from all of your computers and devices (home, work, phone) to one common place, so that you're never stranded without access to your music.

You get cross-platform uploader and downloader utilities, and tools for viewing, downloading, and streaming your music (and other media files). You also get a Cloud Player feature within the Amazon MP3 application for Android. Using the free app, you can stream all the music you have stored in the cloud, or download your tracks for offline playback.

Once you've chosen your plan on Amazon's site, you have to download and install an MP3 Uploader tool that runs within the Mac- and PC-compatible Adobe Air platform (a separate download if you don't already have it). After Amazon's software is installed, it will look at your computer, determine how many music files you have available to upload, and show you how much storage is available with your current plan.

If you did not buy enough storage for your all you media, you can use the software to manually select which artists, songs, or playlists you'd like to upload.

After uploading, you can navigate through your music collection using Amazon's browser-based Cloud Player. The uploader will recognize iTunes playlists, including Smart Playlists and Genius Playlists.

There are easy controls for playing back your music.

If you want to put the music on another computer, you can download it from the Amazon Cloud to another computer or device that can access the internet ICloud Apple is doing basically the same thing with its iCloud service, but you will use iTunes as your playback software. iCloud is the Apple cloud solution for storing all of your media (and other data).

After saving your media in the iCloud, it then becomes available to all of your devices connected to the Internet. You don’t have to sync or download the media, the iCloud synchronizes your documents, music and image libraries, contacts agenda, calendar, mail, and all your apps.

Any song purchased through iTunes can be downloaded to all your devices. Photos and videos, too.

The iClouod was launched in June 2011 to replace Apple's previous Mobile Me service. So far, iCloud has been extremely well received by the public.

The basic iCloud service is completely free. However, there is a fee of $25/year that users must pay if they want to store more of their music in iCloud. For this sum, you can store up to 20,000 songs, Continued on Page 17 

Nashville Bar Journal - August 2011

15

InCamera

Judge Joe P. Binkley, Jr. is the judge for the Fifth Circuit Court of Davidson County, Tennessee. He currently serves as the Presiding Judge of the Trial Courts of Davidson County.

Judge Binkley practiced law in Nashville for 39 years (1969-2008).

Judge Joe P. Binkley, Jr. by:

Bart Pickett

Judge Joe P. Binkley, Jr., a native Nashvillian, married his high school sweetheart, Suzanne, whom he started dating when they were 17. This June, they celebrated their 44th wedding anniversary. Judge Binkley graduated high school from Montgomery Bell Academy.

The Binkley's have three children: Joe P. Binkley, III (Jay), Holly Binkley Higgins, and Ellie Binkley Fromherz. Jay lives in Nashville and has started his own private equity company. Holly lives in Glenview, Illinois, a suburb of Chicago where she is a housewife and mother to two sons. Judge Binkley's youngest daughter, Ellie, lives in Madisonville, Louisiana. Ellie, a pharmaceutical rep, has a son and newborn daughter.

In his freetime, you can most likely find Judge Binkley somewhere in the outdoors. He loves fishing, hunting, and boating. When asked about the biggest fish he has ever caught, he said, "Well, for saltwater, I have caught several sharks from 200-300 pounds but a 160 pound tarpon is the biggest real game fish I have caught." The biggest fresh water fish he has landed was a 30 pound drum though he notes drums don't make good trophies.

16

Nashville Bar Journal - August 2011

Mrs. Suzanne Binkley and Judge Joe P. Binkley, Jr.

Judge Binkley graduated from Vanderbilt for both undergrad and law school. He comes from a family of lawyers, including a maternal grandfather who served as judge of Division II Criminal Court for a short time. According to Judge Binkley, everyone just thought he would grow up and be a lawyer too. "The truth of the matter is, I did not enjoy law school that much.

I didn't think I was very good at it," he admitted. As time passed, however, he got better and better at practicing and ultimately really loved it. Judge Binkley practiced law with his brother and father for approximately 28 years.

After his father retired, Judge Binkley and his brother Mike continued to practice together until he was appointed to the bench.

Judge Binkley counts among his professional mentors Jack Norman, Sr., Jack Norman, Jr., Jim Neal, Harlan Dodson, and John Hooker, Sr. "Those are all great lawyers whom I have admired and I watched how they operated and tried to pattern myself after them."

In late 2007, Judge Binkley began thinking about becoming a judge. He thought being a judge would be a great way to top off his career

BILL AND PHIL’S GADGET OF THE MONTH CLUB Continued from page 15

if the opportunity arose. Fortunately for Judge Binkley, that opportunity did arise when Judge Walter Kurtz announced that he was retiring from the Fifth Circuit Court in January 2008. After being selected for the panel of three nominees by the Judicial Selection Commission, Judge Binkley was appointed by former Governor Bredesen to fill the vacant position. Judge Binkley became the presiding judge of the Davidson County trial courts at the end of 2010 and will serve in that capacity for at least a year.

To all new, aspiring trial lawyers, Judge Binkley recommends you get as much trial experience, both jury and non-jury, as you can. He also stresses the importance of working hard to become good at what you do.

When it comes to the Fifth Circuit Court, Judge Binkley suggests you never miss an opportunity to present oral argument. "I really enjoy the great briefs prepared by the lawyers appearing in the Fifth Circuit Court, but I particularly enjoy oral argument as it really helps hone in on the issues," according to Judge Binkley.

When asked to finish the sentence “If you have a case in Fifth Cricuit Court, when in doubt…”, Judge Binkley laughed as he responded, “Try it.” n Bart Pickett is an attorney with Hall, Booth, Smith & Slover, P.C., specializing in medical practice and insurance defense. He is a graduate of the University of Tennessee College of Law and former law clerk to the Honorable Thomas W. Brothers of the Sixth Circuit Court of Davidson County and the Honorable Joe P. Binkley, Jr. of the Fifth Circuit Court of Davidson County.

iCloud will analyze them and will upgrade them to the quality of iTunes mp3: 128kbps, AAC. This is a nice perk that it will even help you “legitimize” all your music.

Music Beta by Google Music beta is Google’s take on music on the Cloud. It launched in May, but you need to request an invitation. (If you have a Google account, you will get one.) Though still in its “Beta” stage, it is a lot like Amazon’s service, you can upload music to stream online or sync with your Android device. It does, however, give you much more storage space -- 20,000 songs for free.

To upload music from your computer, download the Music Manager app, and select where you want the music to be uploaded from. You can upload and keep track of music from iTunes. It will sync and resync your playlists.

Playback is also very easy. Also, Music beta has a great feature called “New and Recent.” That feature will throw in for free songs of the types you told Google you liked when you signed up.

Microsoft’s Sky Drive We like Microsoft and its products. However, Microsoft’s approach to music on the Cloud is unusual, to say the least.

The ability to play music from Sky Drive is an undocumented feature.

SkyDrive is Microsoft's online cloud data storage service. It allows you to store pictures, videos and documents in the cloud for easy access and sharing. Only recently, however, some geeks discovered that SkyDrive can also be used to stream music.

Specifically, Manan Kakkar discovered the feature and created a video demonstrating the feature using his Microsoft Zune.

He asked Microsoft about it and learned that the feature is unsupported. Microsoft tweeted that music was not the focus of SkyDrive, and that SkyDrive was designed for photos and documents. Strange.

We assume that Microsoft is developing a more robust product to compete with Google, Apple and Amazon, but who knows?  See you next month, Bill & Phil

Nashville Bar Journal - August 2011

17

-----------------------------------------------------------------------------------------------------------------

The 14th Annual Nashville Bar Association Member Picnic will be held on September 22, 2011! This event is FREE for all NBA Members

BBQ l Open Bars l Socializing l The Hall of Fame Park is located centrally downtown between the Country Music Hall of Fame, Downtown Hilton Hotel and the Schermerhorn Symphony Center.

-----------------------------------------------------------------------------------------------------------------

We look forward to seeing you all there!

Thursday, September 22, 2011 5:30 pm start - 7:00 pm Dinner - 8:30 pm end Hall of Fame Park Downtown Let us know that you are coming: RSVP online at: www.nashvillebar.org or fill out registration below:

SPONSORS:

Gold Sponsors:

Silver Sponsors: Vocational Economics

18

Nashville Bar Journal - August 2011

------------------------------------------------------------------------------------

Platinum Sponsors:

NBA Member?

 Yes! (Free)

 No ($20)

---------------------------------------------------------------------------------------------------------------------

Name:_______________________________________________ Name: BPR#

Phone:

BPR#: Email:_______________________________ Bring Friends! (Just Remember to include $15 for each non-NBA Member) Phone:________________________________ Member?  Yes!  No ($20) Guest 1: Member?

Fax:__________________________________

Guest 2:

Member?  Yes!  No ($20) Member?

Guest 3:

Member?  Yes!  No ($20) Member?

Guest 4:

Member?  Yes!  No ($20) Member?

Fax form to: 615-255-3026 or send with payment to: Nashville Bar Association Or RSVP online at: 150 4th Ave., N., Suite 1050 www.nashvillebar.org Nashville, TN 37219

o

Nashville Bar Journal - August 2011

19

Juveniles and the Sex Offender Registry: Rehabilitate or Castigate? Continued from page 7

new regulations last year that clearly indicated a private register for juveniles is acceptable.11

(Endnotes) 1 2011 Tenn. Pub. Acts 483.

2

The formation of this present law is a result of the desire by lawmakers to protect the public,12 give juveniles that ‘fresh-start’ at life once going into adulthood,13 while at the same time, help information on crime and criminals flow from county to county then state to state, comply with federal laws,14 and meet federal grant money requirements.15 In looking beyond July 1, 2011, at the new juvenile sexual offender laws now enacted, it is laudable that Tennessee is able to comply with federal mandates and enjoy the benefit of federal aid to maintain both confidential and public sex offender registries, yet it is ever timely going forward that adequate resources and focus be given to its primary statutory duty to provide treatment, training and rehabilitation. It is a fact that the Department of Children’s Services provides males in detention facilities access to treatment as sex offenders through Mountain View Youth Development Center in Dandridge, Tennessee and Woodland Hills Youth Development Center in Nashville.

For the female population in detention facilities, however, none is presently offered unless, perhaps, it is provided through the general psychiatric services at New Visions Youth Development Center in Nashville. Only in the setting of equal protection, a call to rehabilitation and not castigation of juveniles, and an altruistic belief that young people can redirect their ways given encouragement, education, and strict discipline can Tennessee’s citizens truly feel their interests are being protected by ever-watchful and often intrusive laws which require constant realignments first within Tennessee’s three grand divisions and federally, across the remaining states and territories, all for the nurturing and correction of our youth. n Everette Parrish (attorney@law4tn.com) is a member of the editorial committee of the Nashville Bar Journal and a private attorney serving Davidson and Williamson counties in family, juvenile and criminal matters along with areas of government contracting and entertainment law.

20

Nashville Bar Journal - August 2011

Tenn. Code Ann. § 37-1-101(a)(2).

See The Annie E. Casey Foundation 2008 KIDS COUNT Data Book at n.17 (2008), available at http://www.aecf.org (citing Snyder, H.N., and M. Sickmund, National Center for Juvenile Justice, Juvenile Offenders and Victims: 2006 National Report)

3

4

See generally Tenn. Code Ann. § 37-1-134.

5 2011 Tenn. Pub. Acts 483 § 15 (codified at T.C.A. § 40-39-207(j)).

6 2011 Tenn. Pub. Acts 483 § 9 (codified at T.C.A. § 40-39202(27)&(28)).

7 2011 Tenn. Pub. Acts 483 § 14 (codified at T.C.A. § 40-39-206(e)).

8 2011 Tenn. Pub. Acts 483 § 15 (codified at T.C.A. § 40-39-207(j)(2)).

9 2011 Tenn. Pub. Acts 483 § 15 (codified at T.C.A. § 40-39-207(j)).

10 See video of Ms. Pam Beck, TBI, speaking before the Senate Judiciary Committee Hearing on May 17, 2011 (at time marker 1:28:38) available at http://tnga.granicus.com/MediaPlayer.php?view_id=196&clip_ id=4287&meta_id=82682 (HB687 & SB869 under tab:“Video Clips”).

11 See video of Ms. Linda O’Neil speaking before the Senate Judiciary Committee Hearing on May 17, 2011 (at time marker 1:34:00) available at http://tnga.granicus.com/MediaPlayer.php?view_id=196&clip_ id=4287&meta_id=82687 (HB687 & SB869 under tab:“Video Clips”).

12 Tenn. Code Ann. § 37-1-101(a)(2).

13 See generally Tenn. Code Ann.§ § 37-1-101(a)(2), 37-1-137, and 37-1153(f)(1).

14 See generally Adam Walsh Child Protection and Safety Act of 2006, 42 U.S.C. § 16911 et. seq.

15 For information on the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act and other certification requirements on grant funds available to states, see Programs: Edward Byrne Memorial State and Local Law Enforcement Assistance Grant Program, available at http://www.ojp.usdoj.gov/BJA/grant/byrne.html retrieved on 7/10/2011; See also http://www.ojp.usdoj.gov/BJA/grant/byrneguide_04/ printer_fr.html.See generally 42 U.S.C. §14071 et. seq., and 42 U.S.C. § 16901-16917 for relevant provisions. See HB687/SB869 Fiscal Note available at http://www.capitol.tn.gov/Bills/107/Fiscal/HB0687.pdf retrieved July 10, 2011, and dated March 30, 2011, which notes a potential $5,038,600 decrease in funding for failure to comply with these federal grant provisions.

100% CLUB

The Nashville Bar Association 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community from legal organizations with more than three attorneys that enroll 100% of their Nashville attorneys as members of the NBA. Contact Vicki Shoulders at 615-242-9272 or vicki. shoulders@nashvillebar.org. Firms, law departments and legal organizations that join this Bar year will be recognized as such throughout the year.

CONGRATULATIONS & THANKS TO THE FOLLOWING 100% CLUB MEMBERS:

Waller Lansden Dortch & Davis, LLP (163) Bradley Arant Boult Cummings LLP (91) Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (82) Miller & Martin PLLC (53) Stites & Harbison, PLLC (48) Bone McAllester Norton PLLC (31) Harwell Howard Hyne Gabbert & Manner, P.C. (31) Neal & Harwell, PLC (29) Sherrard & Roe, PLC (28) Adams and Reese LLP (27) Lewis, King, Krieg & Waldrop , P.C. (27) Gullett, Sanford, Robinson & Martin, PLLC (26) Manier & Herod, P.C. (26) Leitner, Williams, Dooley & Napolitan, PLLC (21) Riley Warnock & Jacobson, PLC (21) Ortale, Kelley, Herbert & Crawford (20) Cornelius & Collins, LLP (18) Walker, Tipps & Malone, PLC (17) Waddey & Patterson, P.C. (15) Brewer, Krause, Brooks, Chastain and Burrow, PLLC (14) Tune, Entrekin & White, P.C. (14) Branstetter, Stranch & Jennings, PLLC (13) Hughes & Coleman (13) Ogletree, Deakins, Nash, Smoak & Stewart (13) Smith Cashion & Orr, PLC (13) White & Reasor, PLC (12) Dollar General Corporation (11) Frost Brown Todd LLC (11) Parker, Lawrence, Cantrell & Smith (11) Watkins & McNeilly, PLLC (11) Burr & Forman LLP (10) Corrections Corporation of America (10) Kay, Griffin, Enkema, & Colbert, PLLC (10) Levine, Orr & Geracioti (10) Taylor, Pigue, Marchetti & Mink PLLC (10) Hall, Booth, Smith & Slover, P.C. (9) Drescher Heller Pieper Martin, PC (8) Lassiter, Tidwell, Davis, Keller & Hogan, PLLC (8) Rudy, Wood , Winstead & Williams PLLC (8) Schulman, LeRoy & Bennett, P.C. (8) Spicer Rudstrom, PLLC (8) Buffaloe & Associates, PLC (7) Dodson Parker Behm & Capparella, P.C. (7) Farris Mathews Bobango, PLC (7)

Hollins, Raybin & Weissman, P.C. (7) MGLAW, PLLC (7) Morgan & Akins, PLLC (7) Reno & Cavanaugh PLLC (7) American General Life & Accident Ins. Co. (6) Evans, Jones & Reynolds, P.C. (6) Keller Turner Ruth Andrews Ghanem & Heller, PLLC (6) Leader, Bulso & Nolan, PLC (6) Loeb & Loeb, LLP (6) Barrett Johnston, LLC (5) Haynes, Freeman & Bracey, PLC (5) Holton Blackstone & Mayberry, P.C. (5) Jones Hawkins & Farmer, PLC (5) Kinnard, Clayton & Beveridge (5) Luna Law Group, PLLC (5) Shackelford, Zumwalt, Hayes, LLP (5) Trauger & Tuke (5) Video Gaming Technologies, Inc. (5) Cheatham, Palermo & Garrett (4) Dobbins, Venick, Kuhn & Byassee, PLLC (4) Hale & Hale, PLC (4) Howard & Mobley , PLLC (4) Law Offices of John Day, P.C. (4) Lieff, Cabraser, Heimann & Bernstein (4) McCune, Zenner, & Happell, PLLC (4) Moses Townsend & Russ, PLLC (4) Rutherford & DeMarco (4) Thrailkill, Harris, Wood & Boswell, PLC (4) Todd, Floyd & Hammet, PLC (4) Willis & Knight, PLC (4) Baker, Campbell & Parsons (3) Barry Gammons, Attorney at Law (3) Cheadle & Cheadle (3) Comdata Corporation (3) Corbett Crockett (3) Garfinkle, McLemore & Young, PLLC (3) Glasgow & Veazey (3) Grissim & Hodges (3) Hix & Gray, PLC (3) IASIS Healthcare LLC (3) Larry R. Williams, PLLC (3) Lindsey & Sawyer, PLLC (3) Marlowe Law Offices, PLLC (3) May & Ryan, PLC (3) Moseley & Moseley, Attorneys at Law (3) Mudter & Patterson (3) Nashville Electric Service (3) Norris & Norris, PLC (3) Puryear Law Group (3) Rogers, Kamm & Shea (3) Rothschild & Ausbrooks, PLLC (3) Sarah Cannon Research Institute (3) Tennessee Justice Center (3) Weatherly, McNally & Dixon, PLC (3) White & Rhodes, P.C. (3)

Nashville Bar Journal - August 2011

21

Disclosure Bill Hubbard and Marc Jenkins, partners with Hubbard, Berry & Harris, PLLC, have formed Hubbard & Jenkins, Electronic Discovery Solutions. Hubbard & Jenkins specializes in providing legal counsel in the areas of electronic discovery and electronic records management. The firm also serves as electronic discovery special masters in Tennessee and federal courts.

Candice Reed has been named vice president and corporate counsel for Ceridian Corporation. Reed, a summa cum laude graduate of The University of Tennessee, received her doctorate of jurisprudence, magna cum laude, from The University of Tennessee College of Law. She also holds a master’s degree in applied positive psychology from the University of Pennsylvania. Reed is an active member of the Tennessee and Nashville Bar Associations and currently serves on the board of directors for Court Appointed Special Advocates (CASA) of Nashville.

Randy Kinnard was recently honored by the Tennessee Association for Justice (TAJ) with a TAJ Paladin Award. The award recognizes TAJ Members who have achieved outstanding results for a client despite great obstacles and who have worked tirelessly to protect the civil justice system.

Kinnard was especially recognized for his winning medical malpractice case in 2010, from which clients Bette and Ben Donathan were awarded $22.2 million — the largest medical malpractice case in Tennessee history. Throughout the legislative session, Kinnard was also recognized as an invaluable advocate for justice and the preservation of the U.S. trial system.

22

Nashville Bar Journal - August 2011

\Dis*clo”sure\ (n) The act of revealing, releasing or bringing to light relevant information concerning NBA Members & Staff. n Announcements n Kudos n People on the Move n Firm News n

Lisa Ramsay Cole has been named as the managing partner of Lewis King Krieg and Waldrop. Cole has been with the firm for more than 18 years, practicing in the areas of employment law, workers’ compensation, medical malpractice and general casualty defense. Cole joined the firm after her first year of law school and has remained since her graduation from the University of Tennessee College of Law in 1993. She completed her undergraduate degree at Bethel College.

Jonathan Stanley has been named a shareholder of Harwell Howard Hyne Gabbert & Manner, P.C. (H3GM). Stanley is a member of the firm’s Corporate, Securities and M&A Practice Groups.

He focuses on corporate and securities law and mergers and acquisitions for emerging and growth private and public companies.

Much of his work with public companies involves advising on federal securities laws under the Securities Exchange Act of 1934, including going private laws under Section 13(d) and 13(e), as well as executive stock transactions under Section 16.

Jon also represents closely held businesses on the sale of stock and other securities.

Tara M. Aaron and Rick G. Sanders have opened the new law firm of Aaron | Sanders PLLC. The firm focuses on technology, internet and intellectual property issues and handles both transactional, licensing and litigation work. Aaron was previously an associate at the Nashville office of Stites & Harbison, LLP, in its Technology & Intellectual Property practice group. Sanders was previously a partner at Waller Lansden Dortch & Davis, LLP, in its Trial & Appellate Practice and Intellectual Property practice groups. More information may be found at www.aaronsanderslaw.com.

Claudia Levy has been named Director of Career Services at Belmont University College of Law. She previously worked as Director of Candidate Recruitment and Placement at Counsel On Call in Nashville. She completed her J.D. and Bachelor's degrees at the University of Mississippi. She is a member of the Nashville Bar Association, the Tennessee Bar Association and the Mississippi Bar Association. She has served on the board of directors for the Young Lawyers Division (YLD) of the Nashville Bar Association since 2006 and received the YLD Enterprise Award in 2008. She is also a member of the Lawyers' Association for Women, Nashville Talent Acquisition Professionals, and Brentwood Attorney Networking Group.

Jennifer M. Eberle has joined the Nashville office of of Hall Booth Smith & Slover, P.C. Eberle is a trial attorney specializing in medical malpractice. Eberle received a Bachelor’s degree in business management from Austin Peay State University and her JD degree from the University of Memphis, Cecil C. Humphreys School of Law. She is a member of the American, Tennessee and Nashville bar associations. She serves on the YWCA of Nashville & Middle Tennessee junior board of directors and is a pro bono clinic volunteer for the Nashville Legal Aid Society.

Linda Rose, of Rose Immigration Law Firm, has been appointed by the American Immigration Lawyers Association (AILA) to serve on a national government liaison committee addressing visa issues in the Fashion, Athletics, Culture, Entertainment, and Sciences (FACES).

She has also been appointed to the AILA Annual Conference Planning Committee. AILA will hold its annual convention in Nashville next year in June, when approximately 3,000 immigration attorneys will come to our city to attend.

Nashville School of Law held its 18th annual Recognition Dinner at the Millennium Maxwell House Hotel on Friday, June 3. Cocktails were served beginning at 5:30 p.m. with dinner commencing at 7 p.m. Hundreds of members of Nashville’s legal community were in attendance from alumni to students to top lawyers in town to honor this year’s honorees: alumni honoree, Robert Ballow, and faculty honoree, Trevor Howell.

WELCOME NEW NBA MEMBERS Michael G. Clifford Clifford Law, PLLC

James O. Martin III James O. Martin, III Attorney at Law

Timothy R. Discenza Disciplinary Counsel Tennessee Court of the Judiciary

Scott M. McLeod

Matthew Bryant Haskell Gullett, Sanford, Robinson & Martin, PLLC* Julie M. Latsko William Lee Maddux Adams and Reese LLP*

Megan E. Paulus Candes V. Prewitt William P. Sizer Katherine A. Southworth Bradford D. Telfeyan Lewis, King, Krieg & Waldrop , P.C.* Maria Cristina P. Vives

* Belongs to a 100% Club firm

DIAL - A - LAWYER Dial-A-Lawyer is held the first Tuesday of each month.

July Volunteers: Helen Cornell Gina Crowley Tom Lawless

The Tennessee Justice Center has honored Nashville law firm Waller Lansden Dortch & Davis PLLC as Pro Bono Firm of the Year for the firm’s efforts in representing families in need. Waller Lansden was particularly recognized for the pro bono legal services it provided to two severely disabled clients of the Tennessee Justice Center (TJC): one with ALS, also known as Lou Gehrig’s Disease, who faced foreclosure on her home, and a quadriplegic mother of three who faced loss of TennCare services in her home and institutionalization in a nursing home.

Nashville Bar Association members may send Disclosure announcements via email to nikki.gray@nashvillebar.org Submissions are subject to editing.

Doug Pierce Joe Rusnak

To volunteer your time, please contact Wendy Cozby, LRIS Coordinator at wendy.cozby@nashvillebar.org or 242-9272. Pro Bono credit does apply and dinner will be provided.

2011 NBA Premier Members INCLUDE: Gail Vaughn Ashworth Robert L. Ballow Kathryn E. Barnett Barbara Bennett Michael Weimar Binkley Charles W. Bone Robert E. Boston Jay S. Bowen C. Dewey Branstetter Jr. John E. Buffaloe Jr. Joseph P. Calandriello C. Mark Carver Jonathan Cole Dixie W. Cooper Patricia J. Cottrell John A. Day David Clyde Downard John Franklin Floyd John J. Griffin Jr. William L. Harbison Trey Harwell John Scott Hickman Barbara D. Holmes Paul T. Housch John D. Kitch Neil B. Krugman Thomas W. Lawless Richard Wesley Littlehale

John Charles McCauley Rob McKinney Robert J. Mendes Elizabeth Enoch Moore Patricia Head Moskal Michael I. Mossman Katharine Elizabeth Phillips Tracy A. Powell Mark Bradley Reagan Jason B. Rogers Edgar M. Rothschild III Jerry Scott Michael W. Sheridan Thomas J. Sherrard III Marietta M. Shipley Emily A. Shouse Stacey Koontz Skillman Ronald C. Small David Randolph Smith M. Clark Spoden Irwin Bruce Venick Howard H. Vogel Karl D. Warden James L. Weatherly Jr. Peter Weiss Larry R. Williams Stephen G. Young

NBA Premier Membership is a special category that recognizes our members who desire to demonstrate the utmost in commitment and support to the NBA Programs & Services.

There will be a special section in the Nashville Bar Journal and on the NBA website (www.nashvillebar.org) that will run a continual list of NBA Premier Members.

Nashville Bar Journal - August 2011

23

Classifieds

Office Space

Position Available

For Sale

office space - Downtown Premium 9th floor individual office with view available for sublease to attorney.

Share professional office suite, including conference room, kitchenette and client lounge, with our established association of lawyers. All-inclusive amenities consist of high speed internet, multi-line phone system, copier, fax and shared legal assistant. Call 615-478-0823 for more information.

Farris Bobango PLC – Memphis/Nashville law firm is looking to expand our Memphis and Nashville law practice in targeted areas. We are seeking candidates for positions requiring 5 to 12+ years of experience in litigation, commercial transactions or administrative law. Business litigation and/or complex litigation experience would be a plus. MBA/CPA/ TaxLLM background helpful. Compensation and benefits will be competitive and will be based on experience. Interested qualified applicants are asked to e-mail your resume to vba@farris-law.com along with references.

For sale: Turn-Key Estate Planning Practice.

I am retiring after nearly 40 years of legal practice and want to make sure my 2000+ loyal clients are well taken care of. As our population ages, now is a good time to improve your estate planning practice. Sale includes client list, complete data-base, software for producing documents and other client helps, hard copy files to support data base, estate planning newsletter for client mailings, and a week of personal training for those attorneys not that familiar with estate planning. Call 615-444-6629 and I’ll send you a detailed letter.

Downtown Office condos for Lease or Sale. 500 to 2500 sq. feet. 501 Union Street, 5th floor.

Near Legislative Plaza. Call Lynne at (615) 259-1550.

DOWNTOWN Law firm has office space to rent for two attorneys and assistants, if needed or option 2 attorney can sublease entire suit which will accommodate four to five attorneys and staff. Office is located in the Regions building downtown on the first floor with window view. Includes internet, all utilities, use of copy/fax/scanner, and postage machine. If interested, please e-mail rpnimmo@nimmolaw.com or contact Price Nimmo at 615-244-2244.

DOWNTOWN Prime, A++ office space with two conference rooms for lease in the 5th 3rd Bank Tower, Downtown Nashville. State of the art copier, scanner, fax, high speed internet access, digital phone system and receptionist all provided. Receptionist provided to answer your phone line and greet your clients. $1,750.00 per month. Contact: John Agee @(615)256-5661 or (615)2187131. green hills Established Green Hills law association has office and adjoining secretarial space available for immediate occupancy. Free parking, excellent on-line and hard-cover Tennessee library, conference rooms, receptionist, and voice mail available. Call 383-3332.

Midtown Midtown : 682 square feet with beautiful view of Centennial Park; $19.15 per square foot with annual increases; available as is or with build-out cost to be prorated over term of sublease; space is newly carpeted and newly painted, with small kitchen area; covered parking; available immediately. Please call 615-321-5659.

Midtown-1900 Church Executive office suites for lease in Midtown Nashville located at 1900 Church, Suite 300. Free covered parking, conference rooms, break room, color copier, and receptionist to greet your clients.

Administrative support and flexible terms available. For more information, please call Cheryl Gunn at (615) 983-6935.

24

Nashville Bar Journal - August 2011

Position wanted Mature lawyer wants to affiliate with small firm or sole practitioner.

Just returned to Nashville after being gone about 5 years so don’t have client base.

Interested in: debtor-creditor, real estate, probate, business law. Will consider contract work. Have large firm experience but prefer small firm culture. sperry99@comcast.net.

Advertising: Contact Tina Ashford at tina.ashford@nashvillebar.org or (615) 242-9272

Classified Advertising: Rates: $75 for the first 50 words and $1 for each additional word.

HOW WILL YOU ADVISE YOUR NON-CITIZEN CRIMINAL CLIENT TO PLEAD? Padilla v. Ky. (U.S. Sup.Ct. 3/31/10) has a profound impact on your duties to your foreign clients. We advise on immigration consequences of crime and handle all immigration matters. Mention this ad for an NBA member discount on the “Padilla plea memorandum” ($750). Immigration Law Offices of Sean Lewis 615-646-6002 www.MusicCityVisa.com Nashville Bar Journal Classifieds Online at www.nashvillebar.org

Office Space Available: Victorian Era home, (+/- 6,300 sq./ ft/) with majestic chandeliers and a grand staircase upon entry, has been renovated into offices. Limited spaces available. We are located on Second Avenue, South, with free parking for attorneys and clients. Call Mary or Stephen at Parker & Crofford (615) 244-2445.

NEWS YOU CAN USE! New Workers’ Compensation Coverage

with a Dividend Plan

Lawyers’ Professional Liability Insurance with Very Competitive Rates

• Great rates

• Zero deductible available

• Opportunity for a dividend

• Choice of claims expenses — inside or outside the limits

• Easy, convenient claims reporting

• Competitive rates

• Loss control tools that may help reduce your losses

• Coverage available up to $20 million

• Endorsed by the Nashville Bar Association

• Endorsed by the Nashville Bar Association

Plus, if you are enrolled in the Workers’ Compensation Program, you can earn a 5% discount on the Business Owners policy with coverages tailored specifically for legal professionals.

IPSCO has provided professional liability insurance to attorneys since 1956. Our extensive experience, market access to thirteen admitted and several non-admitted carriers, plus very competitive rates make IPSCO a great choice.

Contact Us Today Call: 615.460.1654

Email: lawyers@assoc-admin.com

Visit: IPSCOlawyers.com

IPSCO Superior Service • Superior Solutions Insurance Planning & Service Company, Inc. • 2301 21st Avenue South • Nashville, TN 37212

Elder Law Practice of Timothy L. Takacs

Elder Law is Alzheimer’s Planning

More than 4 million elderly in the U.S. suffer from Alzheimer’s disease.

That’s one out of every ten.

Until there’s a cure, people affected by Alzheimer’s disease will need care and those who love them will need care coordination, decision-making support and legal advice.

For more than a decade our Certified Elder Law Attorney and Elder Care Coordinators have been helping families protect assets, find high-quality care and navigate the long-term care system.

When your clients are facing an Alzheimer’s diagnosis, point them in the right direction.

Call the Elder Law Practice of Timothy L. Takacs.

Serving Middle Tennessee 201 Walton Ferry Road Hendersonville, TN 37075

Voice: (615) 824-2571 Fax: (615) 824-8772

Serving the Cumberland Plateau Region Voice: (931) 268-5761 Fax: (931) 268-1071 Toll-free: (866) 222-3127

Family Website: www.tn-elderlaw.com Professional Education Website: www.elderlaweducation.com

ELDER LAW PRACTICE OF TIMOTHY L. TAKACS