Nashville Bar Journal | July 2011

Nashville Bar Journal July 2011 - VOL 11, NO. 6

Legislative Update 2011

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The Fluid State of DUI Law: an overview of recent changes Daphne Davis & Ed Ryan

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Nuts & Bolts Series: Drafting a Basic Will Tracy Kane & Harlan Dodson

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Bill & Phil’s Gadget of the Month: Fun in the Sun with Technology Bill Ramsey and Phillip Hampton

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Nashville Bar Journal A Monthly Publication of the Nashville Bar Association

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July 12 - 11:30 am L.A.W. Meeting

Tracy Kane & Jillian Mastroianni

July 12 - 3- 6 pm NBA OPEN HOUSE

Legislative Update 2011

September 22, 2011 NBA Free Member Picnic @ Hall of Fame Park

July 13 - 11:30 am Historical Committee Meeting

October 4, 2011 Sixth Annual Tennessee Supreme Court Historical Society Dinner @ Hilton Downtown

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July 14 - 11:30 am Environmental Committee Meeting

October 7, 2011 3rd Annual NBA Healthy Bar Party @ Waller Lansden

Daphne Davis & Ed Ryan

July 14 - 12:00 pm NBF Meeting @ The Palm

November 5, 2011 NBF Fellows Dinner

Profile: Kathleen Henderson Pohlid

July 19 - 12:00 pm Ethics Committee Meeting

December 8, 2011 NBA Annual Meeting & Banquet @ Wildhorse

Eleanor Wetzel

July 21 - 12:00 pm Government Committee Meeting

The Fluid State of DUI Law: an overview of recent changes

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FROM THE PRESIDENT

July 22 - 12:00 pm High School Intern Recption

Get Involved In Our CLE Program PAGE 2

Bob Mendes, MGLAW, PLLC

_______________________________________________ 4 Communiqué • Golf Tournament • Capital Campaign Donor Appreciation Night • Ode to Otha • Golden Oldies • Upcoming Events _________________________________________________________ 12

Bill & Phil’s Gadget of the Month:

Fun in the Sun with Technology

View Full Calendar online at www.nashvillebar.org

-Golden Oldies-

Bill Ramsey, Neal & Harwell, PLC Phillip Hampton, LogicForce Consulting _________________________________________________________ CLE Information - Center Section _________________________________________________________ 16

Nuts & Bolts Series: Drafting a Basic Will

Tracy Kane & Harlan Dodson _________________________________________________________ 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.

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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

Get Involved In Our CLE Program

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

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Nashville Bar Journal - July 2011

Two months ago, I wrote about something the NBA has done for its members – built great new offices and a modern CLE center. Last month, I wrote about what our members can do for the broader community by getting more involved with pro bono opportunities. This month, I want to talk about what the NBA and its members can do together. The NBA's continuing legal education program helps the NBA and its members. Please consider getting more involved in our CLE programs.

Let me start with some brief history. The State of Tennessee first required lawyers to obtain annual CLE credit in 1987. Not long after that, the NBA started to provide CLE opportunities for its members. From the start, the program was about our members organizing programs for our members. Of course, over time, the program grew. Under Susan Blair's leadership since 1991, our CLE program is nationally recognized for its excellence.

While the CLE program provides a critical service to our members, it is also an important component of how we keep the lights on at the NBA. For example, in the 2010 fiscal year, the CLE program accounted for approximately 26% of the NBA's revenue. In fact, after dues, CLE is our most significant revenue source. To be honest, it is a delicate balance for the NBA to produce its excellent programs and price them in a way that is competitive with both private enterprises and regional bar associations, and still create net revenue for our association. Susan and the whole NBA team are to be commended for pulling this off year after year. We are also proud to have been the State of Tennessee's chosen vendor for the last 15 years to provide CLE for many of the lawyers employed by the State.

Earlier, I mentioned that CLE is something that the NBA and its members can do together. What I mean is that our CLE programs are a win-win for everyone involved. For those that organize and present, it is a great way to engage in some personal marketing. You can show off your ability to get things done, and also demonstrate technical competence in your chosen practice area. If you are interested in getting some tips about how to get involved in teaching CLE programs, this post from lawyerist.com is helpful: http://lawyerist.com/a-clepresenter-is-born/.

For the NBA, your participation as a presenter or an attendee is invaluable. It is through connecting with local lawyers that our Nashville bar will remain as strong and collegial as ever. I would add that the NBA's new CLE center is the most state-of-the-art dedicated CLE facility in the Nashville area. We would love for all of you to give it a test drive and see how effective and user-friendly it is.

There is another way that the NBA and its members can work together with CLE. For this, it is helpful to know how the CLE world has changed over the last quarter century. In the 1980s, the NBA produced CLE in an environment where there was little competition; it truly was a service to allow members to satisfy the then-new mandatory CLE requirement. We are now in an era of intense competition – there are tons of providers, and, often, our good ideas for programs are mimicked by others in the market. Despite it all, the NBA

2011 NBA BOARD OF DIRECTORS

continues to produce top-notch programs. I would urge all of you to affirmatively choose the NBA's CLE programs. There is a wide variety of programs available; so there is little chance of selling yourself short in attending our programs. And, importantly, it is valuable to the NBA if you can choose to support our local bar.

Finally, like any great product, CLE eternally is a work-in-progress trying to be the best it can be. If you have suggestions, please join our CLE Committee (chaired by Kate Stephenson) or give our CLE Director (Susan Blair) a call. 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 - July 2011

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communiqué

NBA NEWS n COMMITTEE INFORMATION

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SPECIAL EVENTS

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NBA NEWS n COMMITTEE IN

2011 Nashville Bar Association & Nashville Bar Foundation Golf Tournament June 9, 2011 - The Annual Golf Tournament was held this year at the Vanderbilt Legends Club, Franklin, TN. The tournament drew approximately 25 teams that participated in a 4-person scramble. Thanks to everyone who took part in this year’s event.

The Winners: 1st Flight – First place: Taylor Mayes, Pete Ezell, Benton Patton, Will Chapman Second place: John Kitch, Rick McDonald, Derrick Green, Erick Brooks Third place: Michael Ewing, Griffin Dunham, Will Helou, Mark Donnell 2nd Flight – First place: Greg Atwood & Chris McVay Second place: Jeff Gibson, Isaac Sanders, George Cate, David Thompson Third place: Randall Ferguson, Joe Leniski, Gerard Stranch, Mike Wall Closest to the Pin: Brian Holmes Longest Drive (Male): Mark Donnell Longest Drive (Female): Michelle Kennedy Longest Putt: Brandon Boozer

It's Your Move Capital Campaign Donor Appreciation Night We welcomed all our capital campaign donors to our new space on Monday June 20, 2011. Thank you again to everyone who helped make our new offices possible! Photos from Monday's event can be viewed online at www.nashvillebar.org There will be an open house for all our members on July 12 from 3-6 pm.

We invite you to come check out your new bar headquarters!

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 10:00 a.m. to 3:00 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!

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NFORMATION

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SPECIAL EVENTS

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NBA NEWS n COMMITTEE INFORMATION

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SPECIAL EVENTS

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NBA NEWS n COMMITTEE INFORMATION

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Bill Ramsey’s Annual Ode to Otha Celebration June 4, 2011 - Bill Ramsey's annual 'Ode to Otha' celebration proved to be a continued success attracting a crowd of more than 1,300 people. The event raised more than $30,000 for Second Harvest Food Bank and donations are still coming in. A great time was had by all!

Bill's annual birthday celebration (his and the late Otha Turner's) has become a block-party tribute to Otha, the master of fife and drum blues, who passed away in 2003. His family band, Sharde Thomas and the Rising Star Fife and Drum Band performance was amazing.

Other featured bands included: Bashful Mountain Broadcasters, Smoking Flowers, Blue Mother Tupelo, Stacy Mitchhart, and Dank Clementine.

You can still make a contribution to this important cause by visiting Second Harvest Food Bank’s website at www.secondharvestnashville.org. Photos from the event are online @ www.nashvillebar.org!

-Golden OldiesGayle Malone, Jr of Walker, Tipps & Malone was the first to correctly identified the individuals in the May Golden Oldies photo.

Pictured are: Bill Harbison, Sr. and Robert Sturdivant

UPCOMING EVENTS: ----------------------------------------------Carbolic Smoke Ball Saturday, July 9, 2011 @ aVenue ----------------------------------------------NBA Picnic Thursday, September 22, 2011 @ Hall of Fame Park --------------------------------------------------Sixth Annual Tennessee Supreme Court Historical Society Dinner October 4, 2011 @ Hilton Downtown --------------------------------------------------------------

3rd Annual NBA Healthy Bar Party

Move to a Balanced Life Are you sick of happiness gurus telling you ALL you have to do to "achieve" a "better" work/life balance?

Peg Beehan, LCSW, knows that you have your own strengths and challenges in creating a balanced life. Join her for "Creating a PERSONAL definition of a Balanced Life" at the NBA Healthy Bar Party on 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 - July 2011

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FEATURE

With Republican majorities in the General Assembly and the executive branch, this year’s legislative session proved to be quite active.

Below are a few of the laws enacted this year that may impact your practice.

Legislative Update 2011 by:

Tracy Kane and Jillian Mastroianni

Bankruptcy Pub. Ch. No. 60 (HB0491/SB0503): Increases the personal property exemption related to execution or seizure to satisfy a judgment from $4,000 to $10,000. Effective 4/11/2011.

Criminal Law Pub. Ch. No. 299 (HB0151/SB0254): Amends T.C.A. § 39-15-150 by adding new subsection (j), providing that venue and territorial jurisdiction for the offense of identity theft may be where the victim resides or is located. Effective 7/1/2011.

Pub. Ch. No. 362 (HB0300/SB0487): Amends T.C.A. § 39-17-308 to broaden the offense of harassment to include certain electronic communication with or about another person, or the transmission or display of certain images. Effective 7/1/2011.

Pub. Ch. No. 290 (HB1365/SB1086): Amends T.C.A. § 40-30-117(c) increasing the amount of time, from 10 to 30 days, a petitioner in a post-conviction relief action has to appeal the ruling of the trial court to the court of criminal appeals on a motion to reopen the petition. Effective 5/27/2011.

Pub. Ch. No. 379 (HB0391/SB0343): Amendments to T.C.A. § 55-10403 increase the minimum time that a driver’s license may be revoked for third DUI convictions from three to six years, and for subsequent DUI convictions from five and eight years. Effective 7/1/2011.

Pub. Ch. No. 292 (HB1051/SB1265): The “I Hate Meth Act” prohibits a pharmacist from selling more than 3.6 grams per day, or more than 9 grams per 30-day period, of non-exempt methamphetamine to the same individual, unless that individual has a valid prescription. The Act also allows the pharmacist to decline the sale if he or she believes the sale is for an illegitimate purpose. Effective 7/1/2011.

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Civil Procedure Pub. Ch. No. 498 (HB1358/SB1114): The stated purpose of this legislation is to overrule the summary judgment standard for parties who do not bear the burden of proof at trial set forth in Hannan v. Alltel Publishing Co., 270 S.W.3d 1 (Tenn. 2008). Effective 7/1/2011.

Pub. Ch. No. 510 (HB2008/SB1522): The Tennessee Civil Justice Act of 2011, commonly known as the tort reform law, limits non-economic damages in health care liability actions to $750,000 per injured plaintiff, and non-economic damages in a catastrophic injury to $1,000,000 per injured plaintiff. Effective 10/1/2011.

Pub. Ch. No. 130 (HB1189/SB1912): Clarifies that Title 50 (Employer and Employee) and Title 56 (Insurance) provide the sole and exclusive statutory remedies and sanctions applicable to an insurer, person, or entity licensed, permitted, or authorized to do business under Title 56 for alleged breach of, or for alleged unfair or deceptive acts or practices in connection with, a contract of insurance. Effective 4/29/2011.

Education Pub. Ch. No. 466 (HB1989/SB1523): Amends Title 49, Chapter 13, relative to charter schools by allowing any student in a charter school's jurisdiction to attend the school, removing the cap on the number of charter schools in the state, and authorizing the achievement school district to approve applications to create charter schools. Effective 6/10/2011.

Pub. Ch. No. 251 (HB0301/SB0488): Amends Title 49 by defining cyber-bullying and requiring schools to implement policies against cyber-bullying. Effective 7/1/2011.

Pub. Ch. No. 457 (HB1336/SB1993): Revises restrictions on isolation and re-

straint in special education and renames the Act as "Special Education Isolation and Restraint Modernization and Positive Behavioral Supports Act." Effective 6/10/2011.

demonstrate that the reason given by the defendant was not the true reason for the challenged employment action, but a pretext for illegal discrimination or retaliation. Effective 6/10/2011.

Election Law Pub. Ch. No. 389 (HB1003/SB1915): Deletes the prohibition against corporations making contributions to political candidates and designates any corporation that makes expenditures to support or oppose any measure or candidate for public office during a calendar quarter in an aggregate amount exceeding $250 as a political campaign committee. Additionally, the law increases contribution limits to reflect change in the consumer price index (CPI). Effective 6/1/2011.

Pub. Ch. No. 203 (HB2047/SB1785): Establishes that in cases where the employer has implemented a drug-free workplace, if the injured employee has, at the time of the injury, a specified blood alcohol concentration level or positive confirmation of a drug, then it is presumed that the drug or alcohol was the proximate cause of the injury. This law also changes the evidence requirement from a preponderance of the evidence to clear and convincing evidence for rebutting the presumption that drugs or alcohol were the proximate cause of the injury. TCA § 50-6-110(c). Effective 7/1/2011.

Pub. Ch. No. 182 (HB0612/SB0599): Moves the date of the presidential preference primary from the first Tuesday in February to the first Tuesday in March and changes related qualifying deadlines for local candidates. Effective 7/1/2011.

Pub. Ch. No. 323 (HB0007/SB0016): Requires a voter, as of 1/1/2012, to present qualified photographic identification before voting. Voters without proper identification will be allowed to cast provisional ballots. T.C.A. § 2-7-112.

Effective 1/1/2012.

Employment Law Pub. Ch. No. 461 (HB1641/SB0940): Establishes a statutory burden of production and persuasion in employment discrimination, Tennessee Disability Act, and retaliatory discharge actions.

As enacted, the law establishes that the burden is on the plaintiff to establish a prima facie case of intentional discrimination or retaliation. The burden then shifts to the defendant to produce evidence that one or more legitimate, nondiscriminatory reasons existed for the challenged employment action. If the defendant produces such evidence, the burden shifts to the plaintiff to

Pub. Ch. No. 33 (HB0283/SB0519): Provides that an employer permitting a person with a handgun carry permit to carry a handgun on the employer's property does not constitute a TOSHA occupational safety and health hazard to the other employees. Effective 3/31/2011.

Pub. Ch. No. 416 (HB1503/SB0932): Amends various provisions in Chapters 2 (Wage Resolutions), 6 (Workers’ Compensation Law) and 7 (Tennessee Employment Security Law) of Title 50, including clarifying that present law does not prohibit parties in workers’ compensation settlements from compromising and settling the issue of future medical benefits and clarifying that cumulative trauma conditions, such as hearing loss, carpal tunnel syndrome, or any other repetitive motion conditions, are not considered employment injuries unless such conditions arose primarily out of and in the course and scope of employment. Effective 6/6/2011.

Continued on Page 14 

Nashville Bar Journal - July 2011

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FEATURE

The Fluid State of DUI Law: an overview of recent changes by:

Daphne Davis & Ed Ryan As we all know too well, the laws in Tennessee are constantly changing. Although it is time-consuming to keep up with the changes, attorneys have a duty to stay updated. One area that seems to be in the realm of perpetual metamorphosis is DUI legislation. Effective for a little over a year now, there were several changes to how multiple Driving Under the Influence offenders are handled. The remaining updates went into effect January 1, 2011.

TCA §55-10-401 has been changed to define driving under the influence as “impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of himself which he would otherwise possess.” In plain English, this means a change to the elements of a DUI. Now, the State must show some “bad driving” as an element of the offense. If a driver is pulled over for an expired tag or broken tail light, the driver would not be guilty of DUI under the updated statute.

When the new law went into effect in January, the most hotly debated issue by far was the bond restrictions. The law states, in part, that a person with a conviction (be it a conviction

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for DUI, vehicular assault, or vehicular homicide) within 10 years of the arrest date for the new charge, shall not be released on bond unless the court determines the defendant is not a danger to the community. The courts may consider using devices, such as ignition interlock, SCRAM devices, or electronic monitoring to ensure the public’s safety. The court also has the authority to order pretrial residency in an alcohol treatment center. As you can see, the legislature has granted the judicial branch great latitude. Ultimately, cases will be handled differently from county to county, and even from judge to judge in the same county.

An area where the courts have less flexibility pertains to implied consent. We all know that driving a motor vehicle on Tennessee’s roadways implies that we consent to a blood alcohol content test. A violation of this provision is a civil charge, not criminal. The language in the updated statute requires a determination as to whether a driver violated this subsection at the first appearance or preliminary hearing—no later than the case being bound over to the grand jury. However, upon motion by the State, this determination may be made at the same time and in the same court as the underlying case. A violation of the implied consent statute results in a one year suspension of one’s driver’s license. Again, this is a civil proceeding; any appeals of rulings related to only implied consent

go to Circuit Court. It’s quite possible that a person would have a case in both Criminal Court and Circuit Court (or Circuit Criminal and Circuit Civil for those outside Davidson County). An appeal from General Sessions to Circuit Court would stay the suspension of the license. Further, if the criminal case is dismissed, the driver’s license can easily be reinstated. The prior law allowed this determination to occur after the defendant was found guilty or pled guilty.

With implied consent matters going to Circuit Court on appeal, this begs the question-Who represents the State in these appeals? And who do defense attorneys serve with interrogatories and notices of deposition? These issues are still being worked through. You may well be the frontiersman or frontierswoman in this area.

Another issue of the implied consent violation is whether the license suspension runs concurrently or consecutively to the suspension for the underlying driving under the influence charge. The statute is actually quite clear on this issue. The suspensions will run consecutively if the judge who determines the violation of the implied consent statute finds that the driver has a conviction or juvenile adjudication, within five years, for a violation of any of the following: prior implied consent, under-age driving while impaired, open container law, or reckless driving if the charged offense was DUI. If the judge finds none of these apply, the suspensions will run concurrently to each other. A defendant could lose his license for two years for just one event. Perhaps now you see just how important it is to thoroughly question your clients about their previous interactions with law enforcement, especially those related to driving and alcohol offenses.

Let’s move now to the interlock device.

The interlock device is now required if the driver:

• has a B.A.C. of .15 or higher; • is accompanied by a person under age 18; • has an accident, and the proximate cause of the accident is the person’s intoxication; • was found to be in violation of the implied consent statute; or • has a conviction or juvenile adjudication within the past five years for implied consent, under-age driving while impaired, open container law, or reckless driving (if reduced from a DUI charge).

The positive part of this change is that there are no time or geographical restrictions with the interlock device. A person convicted of a DUI-first offense can still obtain a restricted license under the prior statute, unless he or she chooses to have the interlock device.

A person ordered to have an interlock device has to designate a specific vehicle for it to be installed. If he or she sells that vehicle and acquires a new one, he or she has to inform both the State and his or her probation officer. What if your client wants more than one vehicle to be equipped with an interlock device?

No problem—the defendant just pays for it to be installed on his choice of vehicles. Many people drive a motor vehicle in the course of their employment.

An interlock device is not required on company-owned vehicles, but the court has to approve, and the probation officer has to be notified. The employer has to be notified that the employee is under a court order for the interlock device. If the driver has any ownership interest in the company, this provision doesn’t apply. If you own the company, ante up for the interlock device.

It is also important to advise your client that tampering with the interlock device, asking another person to blow into your device, or blowing for another person is a Class A misdemeanor with

a mandatory minimum 48 hours in jail. Also, anyone who drives a vehicle without an interlock device, after the entry of an order requiring one, commits a Class B misdemeanor with a mandatory minimum seven days in jail and a $1,000 fine.

Another quick point to keep in mind—a person convicted of a DUI-Second Offense will be required to have the interlock device installed for six months after his license is reinstated. This is required by the Tennessee Department of Safety.

As you see, the changes to the DUI law are significant. Our duty to our clients is to be informed, and in turn, inform the client. This article is just the “tip of the iceberg.” If you represent clients charged with DUI, you must review the statute in its entirety. And you must be able to adapt to the changing circumstances of the current laws. The state legislature, encouraged by the District Attorneys General, continues to debate this matter. Many expect the laws will keep changing and evolving in the near future. n Ed Ryan worked as a police officer for 16 years. In 1997, Ed went to work for the Davidson County District Attorney’s office. While at the District Attorney’s office Ed was the lead prosecutor for a Driving Under the influence charges including vehicular homicide and vehicular assault. While in the District Attorney’s office he worked with other prosecutors concerning legislation and training for other DA’s in DUI prosecution. In 1999, Ed went into private practice with an emphasis in criminal defense. Now approximately 95% of his practice is DUI defense.

Daphne Davis earned her undergraduate degree in Aerospace from MTSU and worked several years at Southwest Airlines. She is a 2009 graduate of Nashville School of Law. Daphne went into private practice upon passing the bar exam. Her practice areas include criminal defense and family law.

Nashville Bar Journal - July 2011

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PROFILE

Kathleen Henderson Pohlid by:

Eleanor Wetzel

A loud bang disrupted the night, startling her out of sleep.

At first she was not sure whether it was incoming or outgoing fire. The Marines in her unit carried their weapons at all times, so she had her weapon ready and was reaching for her flak and helmet, preparing to head out of her “can” and face the attack. But, then she heard another bang followed by a comforting “swoosh” that indicated the fire was indeed outgoing. All was okay that night; she could go back to sleep and so she did, sleeping through the rest of the fire. It was her first night in Iraq.

Attorneys often characterize preparing for a contentious trial or hearing as getting ready for battle. But, very few have done so in combat.

The Nashville Bar can be proud that several of our own have honorably served our country1, including Kathleen Henderson Pohlid2 of Drescher Heller Pieper Martin, P.C.3 who served two combat deployments over the course of her legal career before retiring from the Marine Corps last year.

When first meeting Kathleen you might not guess that she is a member of the military, let alone a decorated colonel in the Marine Corps, the military branch known as the “First to Fight.” Although she has two brothers who did not serve in the military, Kathleen opted to follow a similar path as her father, a retired U.S. Army colonel. The idea of serving her coun-

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try was very appealing; “I was attracted to that challenge,” she says. “Most of all, I liked the idea that I was making a contribution with my life.”

Kathleen’s pioneering spirit led her to the U.S. Naval Academy, where she was a member of the first class of female midshipmen. Upon graduation, she entered the Marine Corps as a commissioned officer. When she resigned from active duty in 1986 to enroll in law school, Kathleen elected to remain in the active reserves. She began her legal career in Alabama in 1989, first serving as a federal clerk (1989-1990) and then working as a trial attorney with the U.S. Department of Labor (1990-2002). In 2003, she was promoted to colonel and moved to Tennessee where she joined, and later became partner, at the law firm of King & Ballow (2003-2011).

It was just a couple years after she moved to Tennessee that she was first deployed overseas as part of the reserve duty. She had been activated as a reserve once prior for Operation Desert Storm, but her unit was not deployed. Kathleen is grateful to King & Ballow for their support of her military service during her two combat deployments.

Her first deployment took her to Djibouti, a small country in the Horn of Africa (activated July 2005-March 2006), where she served as the

Staff Judge Advocate to Major General Timothy Ghormley, Commanding General to the Combined Joint Task Force Horn of Africa. This Joint Command (involving the Marine Corps, Army, Navy, and Air Force) covered twelve countries in Africa and included both anti-terrorism and humanitarian assistance missions. Coalition forces from the UK, Pakistan, Netherlands, Poland, Germany, Kenya, and other nations participated.

Kathleen found this assignment as counsel for Major General Ghormley to be her most rewarding military experience.

She provided legal counsel to support the Command’s mission of anti-terrorism and humanitarian assistance.

We did numerous humanitarian assistance projects including digging wells providing a life source of much needed water to parched areas. Water is a scarcity in many areas and is desperately needed for people and their livestock.

We also worked with local governments and people to refurbish schools promoting education for both boys and girls. It was a fun and exciting event to attend a school dedication. We met the families, teachers and students.

Dedicating a school is a major event to many of these communities.

After returning from Africa, Kathleen could have retired from the reserves but elected to remain, noting that conflicts were growing in Iraq and Afghanistan, and she did not feel comfortable retiring without having served there should she be needed.

She was back in the civilian practice of law for only one year before she received a call “out of the blue” from a Marine colonel asking if they could count on her support “in Theater.” She assured they could and this time she was deployed to Fallujah, Iraq (activated December 2007-March 2009) and assigned to the Command, Multi-National Force-West, Iraq, which covered Al-Anbar Province.

Kathleen explains that the battle for AlAnbar Province was “one of the hardest fought urban battles in American history.” The military mission began as a kinetic (with shooting and killing) and then moved to a consensus effort to provide support and governance to the Iraqis, promoting democracy and the rule of law.

I was mobilized for duty in Iraq in 2007. I arrived in Iraq via Kuwait. My arrival occurred just after the first snow fall in Baghdad in decades. I was prepared for the summer heat in Iraq [which exceeds 120 degrees Fahrenheit], but not the cold. In Iraq, I was assigned as the Assistant Staff Judge Advocate and reviewed investigations preparing endorsements on behalf of three Marine generals.

These investigations covered a diverse variety of subject matter including deaths, civilian casualties, escalation of force, alleged law of war violations, oil smuggling, discrimination, sexual harassment, detainee abuse, corruption/theft, among others. During her assignment, Kathleen reviewed hundreds of classified and unclassified investigations.

Kathleen was also assigned as Deposition Officer to preside over depositions of the Iraqi civilian witnesses involved in the criminal case involving the deaths of

twenty-four Iraqi civilians that occurred in Haditha on November 19, 2005.

Eight Marines were initially charged in the incident. Charges were dismissed against six, one was acquitted, and the remaining defendant is pending courtmartial proceedings. As Deposition Officer, Kathleen’s duty was to maintain order in the proceedings conducted in Haditha, protect the parties and witnesses, record objections, and authenticate the record.

The Command worked to ensure a peaceful transition in Al-Anbar Province, successfully turning over Camp Fallujah to the Iraqis. Kathleen was on the last chopper of the Command Element to depart the Camp.

Kathleen retired from the Marine Corps in January 2010, but her life has not slowed down. With over twenty years of experience in litigation and employment law—in both federal government and the private sector— she focuses her practice at Drescher Heller Pieper Martin, P.C. on employment, litigation, governmental compliance, occupational safety, and health law issues including Medicare audits. She continues to professionally write and speak on employment law and regulatory compliance matters.

She also remains active in the Nashville community, as a parishioner at the Cathedral of the Incarnation; Regent with the Daughters of the American Revolution, Francis Nash Chapter; Vice-President for the Nashville Catholic Business Women’s League; and as a member of Kiwanis, a global institution dedicated to improving the lives of children.

Although Kathleen is no longer actively involved in the Marine Corps, she cherishes her military service: Continued on Page 20 

Nashville Bar Journal - July 2011

11

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

Fun in the Sun with Technology Ah, the halcyon days of summer are upon us. Time to pack up the car, head for the beach, the park, the mountains… anywhere there is plenty of sunshine. Thankfully there's no need to leave your power-hungry gadgets at home. There's a growing number of tech gadgets that take advantage of our earth's most plentiful natural resource, sunlight. Solar power gadgets allow us the guilty pleasure of staying connected to the wired world even when we're miles away from actual electrical wires. So as we prepare to head off to some sunny destination where we can dig our toes in the sand while reviewing legal briefs or sip a cold beverage poolside while we answer client email , here are some solar gadgets that we'll certainly want to pack: The Eclipse Solar Backpack (www.eclipsesolargear.com) comes equipped with a flexible solar panel that provides up to 4 watts of power to re-charge your small portable electronics. The backpack has multiple organizer pockets for all sizes of smartphones, iPods, and accessories. It has a separate padded laptop cavity, although it is not designed to re-charge laptop batteries. So assuming you're not going cave exploring this summer, you should have plenty of juice for your Blackberry, iPhone, or Droid so you won't miss any important calls or emails while on vacation.

Speaking of iPods: they are incredible portable music players, but it's a real drag sharing your ear buds with your traveling companions so they can hear that really cool Lady Gaga song you just downloaded. Never fear -- with the Eton Soulra XL solar-powered iPod/iPhone speaker system (www.etonsoulra.com), you can dance the day away to your favorite tunes (at least until the sun goes down). This portable unit has a recessed dock for your iPhone or iPod and a 72 square inch solar panel. The Soulra can completely recharge it's battery in five hours and can deliver up to five hours of music on a full charge. Just make sure you have alternate power for when the sun goes down and the battery drains, or your party could wind down way too soon.

The folks from Eton also produce the Raptor solar-charger (www.etoncorp.com/products) with all terrain guidance functions. This snazzy handheld device is a must have for the summer road warriors who like to get lost in nature. The Raptor is packed with an AM/FM/Weatherband radio, compass, chronograph, digital clock with alarm, LED flashlight, altimeter, barometer, audio line-in, and bottle opener. If that's not enough, you can even plug in another USB device with its built-in USB port. All powered by the mighty sun. Now, that's a gadget worth having.

For the muscular traveller who needs to power more robust electronics than the puny smartphone or MP3 player, the Power Monkey Extreme (www.powertraveller.com) may be what you are looking for. This compact device packages a powerful punch with a 9000mAh capacity Lithium battery which can be charged via DC input, USB, or the solar panel.

With this device, not only can you provide power for your iPod, iPhone, or other smartphone; but there is enough juice to power an iPad or Samsung Galaxy tablet. The Power Monkey is waterproof for 30 minutes up to 1 meter and is shock resistant, making it a perfect add-on to your camping gear. Just attach the Power Monkey to the outside of your tent with the included Velcro strip and let that monkey re-charge all day long.

Another option for charging your tablet computer is the Voltaic Spark Tablet Case (www.voltaicsystems.com/spark).

While a little heavier than your normal tablet case at 2.5 pounds, the Spark packs a battery and solar panels into a compact case design. While marketed as an iPad case, it will work for most other tablet computers, mobile phones, and digital cameras. The battery gets a full charge from 10 hours of direct sunlight which equates to about a full iPad charge. The battery can also be charged via USB. For the extreme environmentalist fans among us, we're proud to say that the case shell is made from recycled soda bottles. Now, take that iPad with you guilt free this summer.

So in addition to your sunscreen, make sure you load up on some of these solar gadgets before hitting the open road this summer. While we do love taking some time off, we simply cannot get too far away from our gadgets. Have a great summer!  Bill & Phil

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Nashville Bar Journal - July 2011

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 Trey Harwell Aubrey B. Harwell, Jr. 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 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 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 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 M. Bernadette Welch 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 - July 2011

13

Legislative Update Continued from page 7

Pub. Ch. No. 436 (HB1378/SB1669): The Tennessee Lawful Employment Act requires employers to request and maintain certain documentation of newly hired employees’ citizenship or qualified alien status in the following stages: (1) on or after January 1, 2012, for governmental entities and private employers with five hundred (500) or more employees; (2) on or after July 1, 2012, for private employers with two hundred (200) to four hundred ninety nine (499) employees; (3) on or after January 1, 2013, for private employers with six (6) to one hundred ninety-nine (199) employees. T.C.A. § 50-1-703.

Effective 6/7/2011 and 1/1/2012.

Pub. Ch. No. 128 (HB0884/SB1306): Revises provisions governing claims and appeals for unemployment compensation by specifying that personnel records and other business records that are in the possession of a claimant's employer and that are relevant to a claim will be admissible, regardless of whether such evidence is hearsay or whether corroborated by direct witness testimony, if such evidence is accompanied by an affidavit of its custodian or other qualified person certifying the evidence as a business record. Effective 4/29/11.

Pub. Ch. No. 422 (HB2030/SB1550): Revises various provisions of workers' compensation law regarding construction services providers, including establishing an exemption to the general requirement that all construction services providers carry workers' compensation insurance on themselves, specifying who may apply for such an exemption, clarifying when a general contractor, intermediate contractor or subcontractor is liable for compensation to any employee injured while in the employ of any such contractor, and setting forth who must proceed with a suit to recover damages for a workers' compensation injury pur-

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suant to common law. Additionally, the law requires, instead of authorizes, the secretary of state to revoke a workers' compensation exemption upon certain conditions, and revises such conditions.

Effective 6/6/2011 and 10/1/2011.

Family Law Pub. Ch. No. 86 (HB1106/SB0721): Makes various changes regarding child custody determination for a mobilized member of the armed forces. Effective 4/14/2011.

Pub. Ch. No. 460 (HB1624/SB1400): Amends T.C.A. § 39-13-601 to provide that offenses of wiretapping and electronic surveillance do not apply to an individual who installs software on a computer the individual owns if such software is intended solely to monitor and record the use of the Internet by a minor child of whom such individual is a parent or legal guardian. Effective 6/10/11.

Insurance, Healthcare, Hospitals Pub. Ch. No. 468 (HB2007/SB1540): The Amended and Restated Tennessee Captive Insurance Act provides many requirements and specifications relevant to captive insurance companies. For example, the law allows a captive insurance company to apply to the Commissioner of the Department of Commerce and Insurance for an insurance license and to register with the Secretary of State to form a business entity in Tennessee. Further, the law establishes criterion regarding risks that a captive insurance company may insure. Effective 6/10/2011.

Pub. Ch. No. 6 (HB0303/SB361): Amends T.C.A. § 56-7-120 by changing the content requirements of the written notice that a health care facility must provide an insured in order to prohibit the insured's insurer from disregarding

the insured's assignment of benefits to a non-participating facility-based physician. Effective 3/10/2011.

Pub. Ch. No. 90 (HB1845/SB1765): Revises the law relative to the authority of the Commissioner of Commerce and Insurance to investigate insurance agents, the rights of insurance agents under investigation, and the penalties imposed against insurance agents. Effective 7/1/2011.

Pub. Ch. No. 9 (HB0115/SB0079): The Tennessee Health Freedom Act declares it to be the public policy of Tennessee that every person within the state is free to choose or to decline to choose any mode of securing health care services without penalty or threat of penalty. The law also prohibits the state government from interfering with a citizen's right to purchase or refusal to purchase health insurance, declaring any law passed in violation of the policy expressed in this bill to be void ab initio.

Further, the Act prohibits any public official, employee, or agent of this state or any of its political subdivisions from acting to impose any penalty in Tennessee that violates the public policy set forth in this bill. Effective 3/18/2011.

Pub. Ch. No. 189 (HB0738/SB0483): The Annual Coverage Assessment Act of 2011 establishes an annual coverage fee on hospitals to help restore approximately $400 million in proposed TennCare cuts. The law also prohibits a covered hospital from increasing charges or adding surcharges to compensate for the additional expense of the annual coverage fee. Effective 7/1/2011.

Pub. Ch. No. 67 (HB1158/SB0484): The Tennessee Patient & Quality Improvement Act of 2011 provides that records of quality improvement committees (QICs) and testimony by hospital board trustees or directors, medical staff,

administrative staff, employees or other committee members or attendees relating to activities of the QIC are confidential and privileged, and are protected from discovery, subpoena or admission into evidence in any judicial or administrative proceeding. Effective 4/12/2011.

Real Property, Estate Planning, Trusts and Probate Pub. Ch. No. 122 (HB1921/SB1451): Revises various provisions related to the notice of the right to foreclose that must be sent by the lender to the debtor prior to foreclosure and deletes certain notice requirements. For example, the law specifies that no written notice of the right to foreclose is required to be sent to the debtor if the lender, trustee, or agent thereof has, within 180 days prior to publishing notice of foreclosure, met with the principal debtor in-person to review the loan and advised the debtor that failure to meet the loan obligations may result in foreclosure proceedings.

A sworn affidavit by the lender, trustee, or agent thereof stating the time and place of the meeting with the debtor is conclusive proof of exemption from the notice requirement under this bill.

Additionally, in lieu of a sworn affidavit, a document signed by both the lender, trustee, or its agent and the debtor evidencing the meeting is conclusive proof of such exemption. Effective 4/25/2011 and 1/1/2013.

Pub. Ch. No. 462 (HB1644/SB1845): The Prohibition of Covenants Providing for Transfer Fees Act of 2011 amends Title 66 by adding a new chapter providing that a transfer fee covenant recorded after the effective date of law, or any lien to the extent that it purports to secure the payment of a transfer fee, is not binding on or enforceable against the affected real property or any subsequent owner, purchaser, or mortgagee of any interest in the property. The Act defines

"transfer fee covenant" as a provision in a document, whether recorded or not and however denominated, that purports to run with the land or bind current owners or successors in title to specified real property located in this state, and that obligates a transferee or transferor of all or part of the property to pay a fee or charge to a third person upon transfer of an interest in all or part of the property, or in consideration for permitting any such transfer. Effective 6/10/2011.

Pub. Ch. No. 505 (HB1920/SB1299): Amends Title 35, Chapter 5, by providing provisions governing the description of property in the notice of a judicial or trust sale. The law also authorizes the postponement and rescheduling of a foreclosure sale without further newspaper publication under certain circumstances, unless prohibited by contract.

Effective 7/1/2011.

Pub. Ch. No. 477 (HB0334/SB0387): Requires bonds of executors and administrators to include the obligation to pay expenses for court costs, attorney's fees and other related expenses of administering the estate incurred due to a failure to properly account for or utilize funds coming into the hands of the estate.

Further, the law now requires, instead of authorizes, that the form of the bond be like the form shown in the Tennessee Code Annotated. Effective 7/1/2011.

Securities Pub. Ch. No. 79 (HB1846/SB1336): Broadens transaction exemptions under the Tennessee Securities Act of 1980 by amending Title 48, Chapter 2, to include, under certain circumstances, a non-issuer transaction by or through a broker-dealer registered or exempt from registration under the Act in a security of a foreign issuer that meets certain specifications. Effective 4/14/2011.

Tax Pub. Ch. No. 76 (HB0458/SB0636): Retroactively abolishes eligibility for carryovers for purposes of ad valorem tax equity payments made to telecommunications service providers. Effective 4/14/2011.

Pub. Ch. No. 396 (HB1141/SB0261): Increases the Hall income tax exemption for taxpayers 65 years of age or older to $26,200 for single filers and $37,000 for persons filing jointly beginning January 1, 2012. TCA ยง 67-2-104(b).

Effective 6/6/2011.

Miscellaneous Pub. Ch. No. 469 (HB2039/SB1775): Authorizes any state court judge who possesses a valid handgun carry permit and who completes both 16 hours of POST court security training and eight hours per year of POST firearm training to possess a firearm in the courtroom.

T.C.A. ยง 39-17-1306(c). Effective 6/10/2011.

One piece of legislation that did not pass this session, but which will likely be reintroduced next year, concerns judicial elections. As introduced, HB0173/ SB0127 removes provisions regarding the nomination, appointment, and performance evaluation of appellate and supreme court judges, and instead requires the election of all judges, as well as provides for the filling of any vacancies. n Tracy Kane is an attorney with Dodson, Parker, Behm & Capparella, PC, specializing in estate planning and business law. She is a graduate of Vanderbilt University Law School and former law clerk to the Honorable Richard Dinkins on the Tennessee Court of Appeals.

Jillian Mastroianni is a rising 3L at Vanderbilt University Law School and a summer associate with the law firm of Dodson, Parker, Behm & Capparella, PC.

Nashville Bar Journal - July 2011

15

NUTS & BOLTS OF PRACTICE

DRAFTING A BASIC WILL by:

Tracy Kane and Harlan Dodson

Requirements of a Tennessee Will 1. Definition of a Will. A last will and testament is a legal instrument, declarative of a person's intention, to be performed after his or her death with respect to the disposition of his or her property, the guardianship of any children, or the administration of his or her estate. T.C.A. § 32-1-101. The critical element is that to be performed after death.

2. Types of Wills. Tennessee recognizes three types of wills: attested (usually a formal typed will such as an attorney would prepare) T.C.A. § 32-1-104; holographic (where the will and signature are entirely in the handwriting of the testator) T.C.A. § 32-1-105; and nuncupative (an oral will) T.C.A. § 32-1-106.

Each has separate and distinct rules to establish validity. A will must strictly meet the legal standards for that type of will. Intention alone, no matter how well proven, is not sufficient to make a will valid. There is no requirement that a will be dated, but it may be necessary to be able to determine the date to know it is the “last” will.

Requirements for an Attested Will. T.C.A. § 32-1104. The statute provides expressly that signing by the testator may consist in: (i) signing himself, or (ii) acknowledging a signature already made, or (iii) having another sign for the testator at his direction and in his presence.

Signing at the end of the will (called "subscription") is not required in Tennessee.

Tennessee law does not require that wills be notarized; instead there must be two signing witnesses who know that the instrument is a will. This is called a "publication" and it will often be inferred. Having a beneficiary serve as a witness necessary to probate does not invalidate the will; however, the witness can take no more than an intestate share, measured in value at the time of the testator's death.

The witnesses must see the testator's signature affixed or must see it at the time the testator acknowledges it. The witnesses must then sign in the presence of the testator and of one another. Relatively short distances, such as across a bank lobby, may still be in the presence of testator and each other, if the other tests are met.

An attestation clause reciting the three facts listed above is effective to create a rebuttable presumption of fact that the will was duly executed. This rebuttable presumption is sufficient to take the case to the jury even if the witnesses testify to the contrary.

Witnesses have no fiduciary duty to potential beneficiaries to assure that a will is valid. A notary's certificate will assist in probating a will in common form without the witnesses being present, but it has no impact on the validity of the will itself. A notary has no duty to give legal advice as to how to validly execute a will.

Requirements for a Holographic Will. T.C.A. § 32-1-105. A holographic will must be entirely in the handwriting of the testator and signed

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by him. No witnesses to a holographic will are required, but the signature must be proved by two witnesses at the time of probate. Testamentary intent may be a question if the holograph is inartfully drawn. However, courts have stretched to find validity where the judges felt it would carry out the testator's intent.

Requirements for a Nuncupative Will.

T.C.A. § 32-1-106. A nuncupative will is entirely oral. It cannot affect real property and can dispose of personal property only up to $1,000 of value ($10,000 for servicemen in time of war).

A nuncupative will must be uttered by a testator in imminent peril of death who died as a result of this peril. It must also be uttered in the presence of two disinterested witnesses, one of whom reduces the will to writing within 30 days after it is uttered and offers it for probate within 6 months after the death of the testator.

A nuncupative will may not revoke or alter an existing written will.

3. Testamentary Capacity. T.C.A. § 32-1-102. Any person of sound mind and 18 years of age or more is capable of making a will in Tennessee. "Sound mind" for this purpose means, generally, that the testator knows: (i) The nature and effect of the act of making the will; (ii) The nature and extent of his property; (iii) The names and kinship of the persons who are the natural objects of his bounty.

The issue is capacity. A will written by one who is frail, but in full possession of his or her faculties, is a valid will. The soundness of mind is tested as of the time of signing the will. The existence

of a conservatorship is not conclusive on soundness of mind. Fraud and undue influence may affect the validity of the will if the voluntariness of the testator's act is thereby impaired. A will is valid only if it is the testator's free and independent act.

4. Choice of Law. T.C.A. § 32-1-107.

Under Tennessee law, a will is deemed validly executed if it is either (i) done outside Tennessee and in accordance with the law of the place of execution; (ii) done in accordance with the law of testator's domicile at the time of execution; or (iii) done in accord with Tennessee law.

5. Revocation. T.C.A. §§ 32-1-103, 32-1-201, and 32-1-202. The intent to revoke is essential to revocation of a will by any means. However, intention alone is not sufficient. Just as with the execution of wills, a revocation must meet the statutory requirements to be effective.

A will may be revoked by a later instrument as follows: (i) A will is revoked by a subsequent validly executed attested or holographic will containing a clause expressly revoking it specifically, or as a part of a class, such as "all prior wills and codicils." (ii) A will is revoked by a subsequent validly executed attested or holographic will to the extent that the subsequent will is inconsistent with the former. (iii) A will is revoked by a document of revocation executed with all of the formalities of an attested or holographic will. (iv) If the revocation is expressly conditional upon the occurrence of another event, that condition generally will be given effect.

A will can be revoked by act, i.e., by burning, tearing, cancelling, obliterating

or destroying, with the intent and for the purpose of revoking it, by the testator or by another person in the testator's presence and at his direction. For example, the court recognized as an effective revocation of part of a will where the testator took his attested will, and with a pen, subsequently enclosed some language in his will in double parentheses, underlined it, and then wrote "void" with his initials beside it. In re Estate of Warren, 3 S.W.3d 493 (Tenn. Ct. App. 1999).

Frequent follies in will drafting and execution While the requirements for the contents and execution of a basic will are straightforward, essential elements frequently get omitted. Key provisions include: 1. Declaration clause. A declaration clause at the beginning that sets forth the testator’s intent that the instrument be his or her will, states his or her residency (by county and state) and explicitly revokes any and all previous wills and/or codicils, unless the testator does not wish to do so.

2. Deal with debts. Be sure to direct the executor to pay the debts you want paid and only the debts you want paid.

For example, properly describe whether you want a mortgage paid off or not.

Remember that under the doctrine of exoneration, an heir or devisee is generally entitled to have encumbrances upon real estate paid from the estate’s personal assets to the detriment of other beneficiaries, unless the will directs otherwise.

This would include property passing by intestacy. This does not, however, apply to mortgages on property passing outside probate, such as by right of survivorship.

Also be sure to describe how you want any debts and taxes that will be paid to Continued on Page 18 

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17

Nuts & Bolts: Drafting a Basic Will Continued from page 17

be charged against the various bequests as it is not a good idea to rely on the Tennessee allocation statute, T.C.A. § 30-2-614.

3. Deal with real property. Remember that vestiture of realty in the heirs is direct and immediate, unless the will expressly provides for the personal representative to administer it, but personalty vests in the personal representative for payment of expenses, debts and taxes, after which it is distributed to the heirs.

Real property is, of course, subject to expenses, etc., if personalty is insufficient.

Unless contrary to the provisions of the decedent's will, the personal representative is authorized, but not required, to pay, for a period of four months after death, the reasonable costs of routine upkeep of any real property passing under the will or by intestate succession, as an expense of administration. These expenses include items such as day to day maintenance and insurance premiums, but do not include mortgages, real property taxes, major repairs, or extraordinary expenses.

As a practical matter, practitioners often deal with the administration of real property in the will. However, in the absence of a specific provision in a will providing for the personal representative to administer the real property, under Tennessee law the real property vests upon death, and the personal representative has no right to pay upkeep expenses other than as discussed above. This is true even though the personal representative might well be looking to the real property in paying the obligations of the estate or the personal representative might have custody of the funds from which the amounts would normally be paid.

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4. Deal with other documents. Be careful never to incorporate by reference a document that does not meet the standard for incorporation by reference.

If there is an antenuptial or postnuptial agreement in effect, be sure to refer to it and clarify how the funding of it relates to any transfers under the will. Similarly, if there is any buy-sell agreement in effect, refer to it specifically and provide the handling of it.

5. Beneficiaries and bequests. Provide clear and correct definitions of beneficiaries, contingent beneficiaries and issue, including whether the testator intends to include adopted as well as natural born or not.

For any specific bequests, be sure to provide whether the bequest survives the death of the devisees, and if so, to whom that bequest should be distributed. Be certain that the testator understands that any specific bequests are paid first from remaining funds and that they will be paid ahead of residuary gifts to the family. Except to the extent the testator has specific desires as to personal property, it is a good idea to provide the executor with the right to distribute items of limited value as the executor deems appropriate and if any property will be left either directly, or contingently, to children, provide the executor with the right to either store it or sell it.

6. Provide for common disaster. It is always a good idea to include a common disaster provision (which also covers Tennessee’s 120 hour rule) and always recheck it immediately before signing the will to make sure it is consistent with related wills or other estate planning documents and that the correct or intended person is surviving, whether it be the testator, the spouse or any other beneficiaries.

7. Name responsible persons. In choosing an executor, advise the testator to choose someone who will either do the work or find someone to do it (remember that a surviving spouse is not necessarily the best choice) and always provide who will serve in the absence of the named executor. Also, if there are minor children, don’t forget to name a guardian.

8. Attestation clause and proper signatures. Be certain to include the attestation clause and check for proper signatures of the testator and witnesses.

Be certain the witnesses are aware that they are witnessing a will and that the testator has asked that they so witness the will. Remember that while a signature on the last page is not required by Tennessee law, it is always a good idea to have the testator sign or initial each page of the document, including signing the last page. A self-proving affidavit is also helpful to establish that proper procedures were followed at execution.

One final note, always have someone else proofread the document final before signing! n Harlan Dodson is a partner with Dodson, Parker, Behm & Capparella, PC. He has taught wills and estate planning at the Nashville School of Law for over 30 years and is the editor to West Publishing Company’s Tennessee Practice Series volumes on business formation and estate planning as well as author of Introduction to Estate Planning and Administration in Tennessee.

Tracy Kane is an attorney with Dodson, Parker, Behm & Capparella, PC, specializing in estate planning and business law. She is a graduate of Vanderbilt University Law School and former law clerk to the Honorable Richard Dinkins on the Tennessee Court of Appeals.

Nashville Bar Association and Nashville Bar Foundation Tribute and Memorial Wall The new Nashville Bar Association and Nashville Bar Foundation headquarters are now a reality, and we are thrilled with our new space. We hope that all our members will enjoy the NBA/NBF facilities and take advantage of what we have to offer.

A Tribute and Memorial Wall will be prominently displayed in our new reception area affording a way for members to honor family, friends, colleagues, or other individuals. Purchasing a tile is an excellent opportunity for you to memorialize a loved one, pay tribute to someone who has made an impact on your life or career, and show your support of the Nashville Bar Association and Nashville Bar Foundation.

If you would like more information on a Tribute or Memorial Tile, please visit our website at: http://nashvillebar.org/ItsYourMove.html

Nashville Bar Journal - July 2011

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Profile: Kathleen Henderson Pohlid ďƒ›Continued from page 11

I am grateful for the opportunity to have been able to serve and be a part of the Commands in all we did for humanitarian endeavors and anti-terrorism in Africa and in Iraq, promoting the Rule of Law and providing stability. My role was extremely small but I consider it a privilege to have served with so many people who gave their time and sometimes even their lives to provide the people of Africa and Iraq with the opportunity for peace and prosperity. n Eleanor Wetzel is employed by Division III of the Davidson County Criminal Court. She is licensed to practice in Tennessee and Indiana.

Mouloud School Dedication in Djibouti in September 2005, Djibouti Africa

(Endnotes) 1

See the April 2005 issue of the NBJ spotlighting local attorneys who served in Iraq

2

Kathleen Henderson married Roman Pohlid this past May.

3

The firm was formerly known as Drescher & Sharp, PC, changing its name in June 2011, following the investiture of Kevin Sharp, one of its founding members, as a federal district judge for the Middle District of Tennessee.

Col Henderson trailer office - Fallujah Iraq

Battle Sq stop 14 Nov 08

20

Nashville Bar Journal - July 2011

Mouloud School Dedication in Djibouti in September 2005, Djibouti Africa

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 - July 2011

21

Disclosure I.C. (Jack) Waddey Jr., cofounder of Nashville law firm Waddey & Patterson, P.C., has been elected to serve a threeyear term on the Board of Governors of the International Academy of Mediators (IAM). Waddey is a member of the technology panel of the International Institute for Conflict Prevention and Resolution (CPR). He is a member of the Tennessee Academy of Mediators and Arbitrators and also is a member of the Commercial Mediators Association, the NASD / FINRA Panel of Arbitrators and Mediators.

He currently serves as a Board member of the Nashville Entrepreneur Center. He was president of the Tennessee Association of Professional Mediators from 2005 to 2006 and president of the Tennessee Intellectual Property Association from 2004 to 2006. Waddey is a member of the Nashville Bar Association, the Nashville Bar Foundation and the Tennessee Bar Association Camille Webb Steward, long time attorney and Member of Miller & Martin, will transition in-house with firm client Nashville Electric Service (NES.) At NES, Camille will report directly to its Vice President and Interim General Counsel, Laura Smith Tidwell. Camille has focused her practice on employment law and general litigation. She defended clients against employment claims involving race, gender, and disability discrimination as well as harassment, retaliation, and wrongful discharge. She received her B.S., from Fisk University in 1996 where she graduated with honors and her J.D. from the University of Tennessee College of Law. She is a member of the Lawyers' Association for Women and Tennessee, Nashville, and Napier-Looby Bar Associations.

Patrick D. Witherington and David J. Callahan, III, have formed the new law firm of Callahan Witherington, PLLC. The firm handles trusts, estates, probate, and general civil litigation matters.

Witherington was previously a partner at the Nashville firm Howell & Fisher,

22

Nashville Bar Journal - July 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

PLLC. Callahan was previously a partner at the Nashville firm Callahan Law, PLLC. Callahan Witherington, PLLC will be based out of historic Cummins Station.

More information about Callahan Witherington, PLLC can be found at www. cwfirm.com.

L. Gino Marchetti, Jr. has been elected President of Lawyers for Civil Justice (LCJ), which is headquartered in Washington, D.C. The LCJ is a national organization of major corporations’ corporate counsel and defense counsel who work with the judiciary on the state and federal level and with Congress and state legislatures for civil justice reform. Marchetti is the Managing Member at Taylor, Pigue, Marchetti & Mink, PLLC in Nashville where he focuses on commercial and business litigation, employment law, bankruptcy and creditors rights, and taxexempt entities.

Kent M. Weeks has just published a new book, In Search of Civility: Confronting Incivility on the College Campus (Morgan James Publishing). This book weaves current civility research with engaging student stories to illustrate how incivility affects students and the community. Weeks is a principle in Weeks & Anderson located in Nashville. His practice focuses on higher education. Weeks earned a law degree from Duke University and a Ph.D in political science from Case Western Reserve University.

Kimberly Schreiber is the new Executive Director for Consensus Conflict Management & Mediation Services, LLC. Her primary focus is bringing awareness of the benefits of Mediaiton to both the parties and the legal community. She is a Tennessee Supreme Court Rule 31 Listed Mediator for General Civil and Family. Additionally, she has obtained the listing "Specially Trained in Domestic Violence." Schreiber works with local attorneys to bring affordable, sliding

fee scale mediation to all of her clients.

After receiving her Bachelor's Degree in Accounting, Kimberly earrned her Juris Doctorate from Indiana University School of Law at Indianapolis in 2000.

Rob Dodson has joined Adams and Reese as Special Counsel in the Nashville office. Practicing law since 1996, Dodson represents clients in commercial litigation, complex litigation, construction litigation, mass tort, oil and gas, environmental and toxic tort and products liability before federal and state courts. He is admitted to practice in all state and federal courts in Tennessee, Mississippi and Alabama, as well as the United States Court of Appeals for the Fifth and Eleventh circuits.

Dodson is a member of the American Bar Association, the Nashville Bar Association, the Defense Research Institute, the Tennessee Association of Construction Counsel, and he is a member of the legal advisory committee for the Associated General Contractors of Middle Tennessee.

Brian Neal has joined Stites & Harbison, PLLC. Neal is a member of the Business Litigation and the Torts and Insurance service groups where he will concentrate on complex commercial disputes, badfaith insurance defense, products liability, workers’ compensation and general litigation. He he has served as first-chair litigator in a wide-range of matters and has litigated appeals before Tennessee’s highest courts. Neal received a bachelor’s degree from Birmingham Southern College in Alabama, a master’s degree from the University of Edinburgh, Scotland and a juris doctorate from the University of Michigan Law School, in Ann Arbor, Mich. He has served on the board of directors for the Young Lawyers Division of the Nashville Bar Association for the past seven years, and he has co-chaired the Davidson County Mock Trial Competition.

Neal is a member of the Rotary Club of Green Hills and serves as an intern on the board of the Land Trust for Tennessee.

Jeff Burrow has been promoted to Senior Director, Business Affairs, Licensing, for Broadcast Music, Inc. (BMI). He was most recently Director, Legal and Business Affairs for the company. In his new capacity, Burrow will have greater responsibility for BMI's infringement matters in its General Licensing area, as well as handle BMI's negotiations with its customers and markets in the General Licensing area. He will continue to provide on-site legal advice to the Licensing team in Nashville. Burrow joined BMI in 2007. Prior to BMI, he worked as an attorney at the law firm of Hall, Booth, Smith and Slover, PC in Nashville, Tennessee. He received his B.A. from Western Kentucky University and his J.D. from the Cecil C. Humphreys School of Law at the University of Memphis.

Carrie A. Lowery has announced the opening of Authority Legal Research & Writing Service. The firm will provide legal research and writing support to other attorneys and legal professionals in a variety of practice areas.

Carrie earned her law degree in 2008 from the University of Mississippi School of Law, after graduating magna cum laude with a B.A. in English from the University of Southern Mississippi in 2001. She is also currently working as a Staff Attorney at New Life International, a nonprofit organization located in Brentwood.

Julian Bibb, member at Stites & Harbison, has been awarded the Shelby Foote Preservation Legacy Award from the Civil War Trust (CWT) for exceptional merit in Civil War battlefield preservation. For the last seven years, Bibb has led a team of attorneys and staff at Stites & Harbison to acquire and preserve valuable battlefield acreage in Franklin and Middle Tennessee.

During that time, the firm has donated over $1 million in pro bono services. with Bibb, fellow attorney Miranda Christy, with staff support from Stacey Watson, Frances Regan and Christina Willow, have provided the bulk of the support rendered by Stites & Harbison.

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

WELCOME NEW NBA MEMBERS Blind Akrawi Neal & Harwell, PLC* Katie Atkins Tennessee General Assembly John Terrell Blankenship Blankenship, Blankenship & Hagan, PLLC Joseph P. Crump David M. DiScenza Law Office of David M. DiScenza Adrienne B. Fazio John Edward Haubenreich Neal & Harwell, PLC* Christopher W. Hayes Waller Lansden Dortch & Davis, LLP* * Belongs to a 100% Club firm

Daniel A. Howard Keith R. Knell Provident Wealth Attorneys, PLLC Jennifer Lynne Kovalcik Stites & Harbison, PLLC* Landon P. Lackey Tennessee Department of Labor & Workforce Development Michael Richard Lapine Keith D. Moore Video Gaming Technologies, Inc.* Sara Beth Myers Riley Warnock & Jacobson, PLC* Seth B. Wilson Volunteer Lawyers & Professionals for the Arts

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

June Volunteers: Gina Crawley Tom Lawless

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 - July 2011

23

Classifieds

Office Space 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.

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.

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. sperry@comcast.net

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

For Sale 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.

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.

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.

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Nashville Bar Journal - July 2011

Do You Need a Mediator? Meet One of Ours.

The NBA Lawyer Referral & Information Service Can Help You Find a Mediator.

Are you trying to find a mediator for your next case but can’t seem to figure out which professional is best? Let the NBA help! The NBA has a panel of professional attorney mediators who are Rule 31 listed in both civil and family disputes. Don’t lose valuable time guessing about your next mediator selection. The NBA panel provides information on mediators who are Bar members and their professional and legal backgrounds.

Are you an attorney mediator?

LRIS (615-242-9272) today to mediator panel.

Contact: Wendy Cozby, LRIS Coordinator (615) 242-9272 wendy.cozby@nashvillebar.org

Call join

NBA the

NEWS YOU CAN USE! New Workers’ Compensation Coverage

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• Loss control tools that may help reduce your losses

• Coverage available up to $20 million

• Endorsed by the Nashville Bar Association

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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.

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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