Nashville Bar Journal | June 2011 by Nashville Bar Association

Nashville Bar Journal JUNE 2011 - VOL 11, NO. 5

May 2010 – May 2011: We Are STILL Nashville ------------------------------------------------------------------------------

The Comfort of an Advocate Phillip Langford

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Understanding the Foreign Corrupt Practices Act and Its Application to Local Entities Kelly Frey

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Bill & Phil’s Gadget of the Month: Beach Toys for Memorial Day Bill Ramsey and Phillip Hampton

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Uncovered and Uninhibited The 2011 Lexus ISc

www.NashvilleLexus.com

Nashville Bar Journal A Monthly Publication of the Nashville Bar Association

www.nashvillebar.org

PAGE 6

June 8 - 11:30 am Environmental Committee Meeting

Tracy Kane

June 14 - 11:30 am L.A.W. Meeting

May 2010 – May 2011: We Are STILL Nashville

The Comfort of an Advocate PAGE 8

Phillip Langford

Understanding the Foreign Corrupt Practices Act and Its Application to Local Entities PAGE 10

Kelly Frey

FROM THE PRESIDENT

June 16 - 12:00 pm Government Committee Meeting June 20 - 5:00 pm- 6:30 pm It's Your Move Donor Appreciation Event June 21 - 12:00 pm Ethics Committee Meeting

October 4, 2011 Sixth Annual Tennessee Supreme Court Historical Society Dinner @ Hilton Downtown October 7, 2011 3rd Annual NBA Healthy Bar Party @ Waller Lansden November 5, 2011 NBF Fellows Dinner December 8, 2011 NBA Annual Meeting & Banquet @ Wildhorse

June 24 - 5:00 pm- 7:00 pm Immigration Committee Happy Hour September 22, 2011 NBA Free Member Picnic @ Hall of Fame Park

Pro Bono - What Else Can You Do? PAGE 2

Bob Mendes, MGLAW, PLLC

_______________________________________________ 4 Communiqué • It's Your Move! Capital Campaign Contributors • Land Rover Race Judicata Raises $12,463.25 • Race Judicata Fast Lawyers & Team Winners • Golden Oldies _________________________________________________________ 12

View Full Calendar online at www.nashvillebar.org

Bill & Phil’s Gadget of the Month:

Tech Tools at the ALA Conference

Bill Ramsey, Neal & Harwell, PLC Phillip Hampton, LogicForce Consulting _________________________________________________________

-Golden Oldies-

CLE Information - Center Section _________________________________________________________ 14

But “Will It Write”?: How Writing Sharpens Decisionmaking

Douglas E. Abrams _________________________________________________________ 22

Disclosure - Announcements • Kudos • People on the Move • Firm News • In Memory _________________________________________________________ 24 Classified Listings _________________________________________________________ ----------------------------------------------------------------------------------------------Identify the individuals in the photo. Be the first to email the correct answer to nikki.gray@nashvillebar.org and your name (along with your correct entry) will appear in next month’s issue. ------------------------------------------------------------------------

Nashville Bar Journal A Monthly Publication of the Nashville Bar Association

www.nashvillebar.org

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

Eleanor Wetzel, Managing Editor

FROM THE PRESIDENT

by Bob Mendes

Pro Bono - What Else Can You Do?

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

Nashville Bar Journal - June 2011

The one year anniversary of the flood provided an opportunity for Nashville to honor the community spirit that led us through the disaster and its aftermath. One sentiment expressed often was that it would be great if that can-do attitude could be harnessed to attack our more every-day problems. The problem I would like to discuss today is how we provide legal services for those in need. As a profession, there is much we do already. But, since many lawyers prefer to provide their service quietly, there are potential pro bono role models that go unnoticed. This is one of the reasons why I think the Tennessee Supreme Court's Access to Justice Initiative is a good thing. It will help our profession provide greater access to justice for the under-privileged in a more coordinated way. In case you have not seen it yet, you should take a look at the 2010 Strategic Plan from the Tennessee Access to Justice Commission (chaired by our own Margaret Behm). See http://bit.ly/kUUycl. It provides a blueprint for improving access to justice in the coming years. In addition to the Strategic Plan, the Supreme Court put Rule 6.1 of the Rules of Professional Conduct into place. Effective January 1, 2010, the rule creates the goal that each lawyer should aspire to provide at least 50 hours per year of pro bono services to the disadvantaged. In the spirit of more openly discussing the ways that lawyers can help the less fortunate in our community, I would like to describe some of the pro bono vehicles that are readily available. • Nashville Pro Bono Program (http://nashvillebar.org/Nashville_Pro_ Bono.html): This is a private, non-profit organization that provides free legal services in civil matters to people with low income. Whether you are interested in directly representing a low income client, or helping with a legal advice clinic, or providing legal services to non-profit organizations providing services to low income or the elderly, the Nashville Pro Bono Program is a good place to start. • NBA's Modest Means Initiative (http://www.nashvillelawyerreferral. org/modest-means-initiative/): This program pairs private attorneys who have agreed to charge substantially reduced fees with clients who do not quite qualify for the Pro Bono Program. Currently, the program is limited to four practice areas – domestic relations, consumer debt (other than bankruptcy), landlord/tenant, and small business creation and management. • NBA's Dial-A-Lawyer Program: On the first Tuesday of each month, between 6pm and 8pm, volunteer attorneys from the Nashville Bar Association answer general legal questions from the public. • NBA's Lawyer Referral & Information Services (http://www.nashvillelawyerreferral.org/faq/): LRIS refers about 6,000 callers to Nashville area attorneys and appropriate agencies each year. The program is not pro bono, strictly speaking; but it assists people whose ability to find help is frustrated by a lack of experience with the legal system, a lack of information about the type of services needed, or a fear of the potential costs of seeing a lawyer.

2011 NBA BOARD OF DIRECTORS

â&#x20AC;˘ Nashville Conflict Resolution Center (http://www.nashvilleconflict. org/): NCRC was founded in August 2000 by the NBA's Alternative Dispute Resolution Committee. It operated as an outreach project of the NBA until 2001, when it was spun off as an independent organization. NCRC provides high-quality, affordable mediation services and conflict resolution education to Nashville communities. NCRC empowers individuals to manage, prevent and resolve conflicts without violence. As I mentioned, there is so much that our lawyers already do for the community. Unfortunately, the need is even greater. Please think about the goal of 50 hours per year of pro bono work for those in need. Are you and your firm living up to your responsibility to provide legal services to those who are unable to pay? If not, the Nashville Bar Association is ready for your call. We can help you find the right program to give back to the community. 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 - June 2011

communiqué

NBA NEWS n COMMITTEE INFORMATION

SPECIAL EVENTS

NBA NEWS n COMMITTEE IN

It's Your Move! Capital Campaign Contributors The Nashville Bar Association and Nashville Bar Foundation gratefully acknowledge the following firms and individuals who have so generously donated to our “It’s Your Move” capital campaign (as of April 14, 2011):

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 4

Nashville Bar Journal - June 2011

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 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 Tom Wiseman Gigi Woodruff Edward M. Yarbrough Mandy Haynes Young and Stephen Young 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 Judge Gilbert S. Merritt Patricia Head Moskal A. Gregory Ramos Anne L. Russell Tracy Shaw Smith Cashion & Orr, PLC Wilson Sims Mike 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 Jonathan F. Wing Fellows Frank E. Lee Ward DeWitt Jr. Frank Grace Nikki Gray Judy Phillips Arun Rattan Helen S. Rogers Vicki Shoulders Martin Sir Paul R. White

NFORMATION

SPECIAL EVENTS

NBA NEWS n COMMITTEE INFORMATION

SPECIAL EVENTS

Land Rover Race Judicata Raises $12,463.25

NBA NEWS n COMMITTEE INFORMATION

Race Judicata Fast Lawyers & Team Winners 2011 Race Judicata Fastest Lawyers: 5K Brad Wood (Bass Berry & Sims) and Sharon Ruiz (Metro Public Defender's Office)

Front row: Josh Phillips (Land Rover Race Judicata Committee Member), Will Parsons (Land Rover Race Judicata Co-Chair), Phil Orr (United Way), Janet Jernigan (Fifty Forward), Gigi Woodruff (NBA Executive Director), Sarah Martin McConnell (Fifty Forward), Mary Taylor Gallagher (NBA YLD President) Back Row: Bob Mendes (NBA President), Doug Fluegel (United Way), Trey Harwell (Land Rover Race Judicata Founder), Nelson Andrews (Land Rover Nashville), Becca Brinkley (Land Rover Race Judicata Co-Chair)

10K Trey Harwell (Neal & Harwell) and Mary Taylor Gallagher (Gullett Sanford Robinson & Martin) Fastest Law Firm Team Bass Berry & Sims Brad Wood, Meredith Edwards, and Riney Green

On Tuesday May 10, 2011, the YLD presented two beneficiaries this year: FiftyForward and the Nashville/Davidson County Unmet Needs Committee of the United Way. Each received a check for $6,231.62. Fifty Forward is the leading resource for adults 50+ in Middle Tennessee who seek to live longer, more fulfilling lives. FiftyForward provides educational, wellness, arts, music, and travel programs, as well as independent living assistance and volunteer opportunities. The Unmet Needs Committee is a working committee of Nashville’s Long Term Recovery Committee, and is responsible for coordinating the distribution of resources to flood victims and other victims of disaster who are in need.

-Golden OldiesJames L. Bass was the first to correctly identified the individuals in the May Golden Oldies photo. The photo was taken in 1951. Pictured are: Carlton Loser, Gene Hollins, Weldon White, J.O. Bass.

Mary Taylor Gallagher (YLD President and fastest female attorney in the 10K), Will Parsons (Co-Chair), Becca Brinkley (Co-Chair), Meredith Edwards (Member of fastest lawyer team), Russell Taber (Committee Member), Brad Wood ( Fastest male attorney in the 5K and Member of fastest lawyer team). Trey Harwell, Sharon Ruiz and Riney Green not shown.

UPCOMING EVENTS: -----------------------------------------------NBA Golf Tournament June 9, 2011 @ Legends Golf Course, Franklin ----------------------------------------------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 October 7, 2011 @ Waller Lansden -------------------------------------------------------------NBA Fellows Dinner November 5, 2011 -------------------------------------------------------------NBA Annual Meeting & Banquet @ Wildhorse December 8, 2011 --------------------------------------------------------------

Nashville Bar Journal - June 2011

FEATURE

May 2010 – May 2011: We Are STILL Nashville by:

Tracy Kane

The flood waters that rose in and around Nashville last May brought previously unseen devastation to Middle Tennessee, but it also brought people and communities together to battle not each other, but a common external threat the breadth and depth of which the city had never seen. Unlike some disasters we’ve witnessed in recent times, this one did not limit its destruction to a particular class or neighborhood; rather it affected all walks of life in the city. Within 72 hours there were over 2,000 fire department calls, a similar number of home visits by police and over 14,000 water rescues. The Mayor’s office jumped into action ordering water conservation and holding a press conference before the rain had even stopped falling. By the time the skies cleared, 19 people lost their lives and nearly 11,000 properties were damaged resulting in economic losses estimated in the billions. Within the first few days, however, Nashville also saw tens of thousands of individuals sign up to volunteer with Hands on Nashville or with their church group or just a group of friends to help individuals and businesses de-muck and begin taking the initial steps towards recovery. One of the reasons Nashville was able to respond so quickly and effectively was the network of government departments, nonprofits, and other professionals (including lawyers) who had attended disaster preparedness workshops and emergency drills that put all these players in the room together as response and recovery decisions were being made. Even with all the planning, no disaster strikes the same way twice and no response is flawless. We learned that while our emergency preparedness helped us respond to the urgent problems in the days and weeks after the flood, we were less prepared to handle the long-term recovery of our citizens. Some of Nashville’s structural weaknesses, such as the lack of affordable housing, food security issues, separateness of certain neighborhoods, lack of disaster related case management services and availability of mental health counseling services. Every crisis presents both danger and opportunity. This concept is most appropriately captured in the Chinese language where the Mandarin word for crisis, 危机 (pronounced WEIJI), is literally translated as “danger and opportunity.” We all know the danger and I am proud to say that as a city we came together under the banner of “WE ARE NASHVILLE” and faced the danger bravely and with dignity, but have we also seized the opportunity to make Nashville a stronger, more sustainable, and safer place for all residents?

Nashville Bar Journal - June 2011

Certainly some opportunities have been seized making Nashville a better and more prepared city for the future. The city continues and has expanded its tradition of disaster preparedness planning and drills involving city departments, non-profits, the business and legal communities and other service providers. Metro quickly began buying homes in the floodway and coordinating that effort with the existing green space plan for the city. Infrastructure has been repaired and improved with disaster preparedness in mind and Nashville now has Tennesseeâ&#x20AC;&#x2122;s first early warning system with new river gauges and predictive models. Metro council approved legislation (Bill 2010-794, Sponsors: Forkum, Holleman & Jernigan) prohibiting future floodway development & strengthening existing development regulation requiring any development within a floodplain to demonstrate there will be no adverse impact on adjacent owners from the development. The council also approved a new Low-Impact Development manual for storm water management and waived permit fees easing some of the burden on flood survivors rebuilding damaged property. Additionally, over $14.1 million was donated to Community Foundation of Middle Tennessee alone, and of that $10 million has already been granted and allocated to the community for flood recovery. $12.7 million in grants and loans have been made to individuals to rebuild their homes and another $220,000 in rental assistance through the We Are Home program. Despite all the great work that continues to be done by legal professionals, non-profits, churches, the city, and individuals, there remain areas where we could do more. The city has only applied for and received a small portion of federal grants available not only to rebuild, but also to take proactive steps to reduce future disaster risks and plan for disaster preparedness. Many of the traditional non-profit case managers pulled together during the flood to communicate and share information and resources. This communication and cooperation should continue and expand beyond the traditional non-profits to include permanent disaster focused case management providers, many of which have methods

and resources that be utilized during non-disaster times. We have an opportunity to include concerns such as affordable housing, food security, consumer protection, job creation and sustainability in the cityâ&#x20AC;&#x2122;s Long-term Recovery Plan in addition to improving infrastructure and creating more floodways. These concepts were written into the Long-term Recovery Plan, but will continue to require community support and advocacy to keep the plan focused on all of these areas. Finally, we should all remember that many flood victims are still in the process of rebuilding and healing. People heal in their own way and on their own time and we should be mindful of the ongoing need for mental health counseling and emotional recovery. There continues to be a need for pro bono or reduced fee legal services for flood survivors, please contact the Nashville Pro Bono program if you are interested and able to contribute your time and services to those in need. Also, the Nashville Bar Association, along with the Tennessee Bar Association and the American Bar Association, continue to update and provide information, resources and opportunities to help flood survivors in Nashville as well as plan for and respond to future disasters. You can find information and sign up to help at http://www. nashvillebar.org/DisasterLegalServices.html. Another new community resource that was created after the May 2010 flood is the Flood Recovery Network, a hotline designed as a resource for flood survivors that are still facing ongoing, unmet needs on the road to recovery. If you are a flood survivor and need help, you can call (615) 567-3232. The author would like to acknowledge the Mayorâ&#x20AC;&#x2122;s Office of Recovery, Legal Aid Society of Middle Tennessee, The Community Foundation and Hands on Nashville for providing background information and many of the recommendations highlighted by this article. 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.

Nashville Bar Journal - June 2011

FEATURE

The NBA Law Luncheon was held on April 21, 2011. Our featured speaker was Philip Langford – Director of Operations, Africa, International Justice Mission. Below is the transcript of the inspiring speech he presented.

Joe Kibugu meets with Peter in prsion

The Comfort of an Advocate by:

Philip Langford Today, I want to talk about power. The longer I serve with IJM, the more I’m convinced that so much that is critical to life revolves around our use of power. John Adams was a great student of power, especially the abuse of power through which the strong take from the vulnerable. He knew the suffering born of tyranny and lawless impunity, and he was convinced that a nation of laws, not of men, was worth rigorous contest and deep sacrifice. Adams understood that we humans have a dangerously hardy appetite for power and all it can acquire. As we have seen in the developing countries where IJM operates, when a person is allowed – through unchecked and unaccountable power – to take what doesn’t belong to him, he often will not stop taking. These countries are places where men, not laws, too often prevail. That is not to say that the laws are bad. Indeed the laws are quite good in every country where IJM operates. This is one of the great accomplishments of the modern human rights era: laws that promise security in person and property. But this movement is not finished. The poor know little of the promises of the law.

Nashville Bar Journal - June 2011

In fact, they are overwhelmingly subjected to violence and abuse without response from those charged to deliver the promises of the law. Poverty surely is a contributing factor, but an overwhelming problem from the poor is that their last line of defense against abuse – their public justice system – fails to respond. The affluent may be able to buy private security work-arounds, at least for a time: security guards, bigger walls with barbed wire, even bribes for special treatment. The poor, however, need a public security system with police, courts, and smart social services to protect them. When those fail, they are deeply exposed. The cry out, but no one comes. The oppressors grow bolder with impunity. The ancient King Solomon once lamented: “Again I looked and saw all of the oppression that was taking place under the sun. I saw the tears if the oppressed – and they had no comforter. Power was on the side of their oppressors. There was no one to comfort them” (Eccl. 4:1). I often return to this lament as I think about the victims of violent oppression that we aim to serve. In its simplicity, the lament captures the power dynamic of oppression and the lonely, painful suffering of the oppressed. It is about bullies, about injustice, about the intentional abuse

of power to take from others the good things intended for them. But what has been inspiring to me is the lament’s suggestion that it is the absence of something – the absence of a comforter – that allows the bullies to trample their victims under foot. The oppressed cry out, but no one brings comfort. Now, truly, at first, this struck me as a little odd. I mean, really, is that the answer to the bully? A comforter? Because, I confess, my understanding of “comfort” didn’t involve protection or rescue. Instead, I heard the weak, disengaged assurances we often give to those in hardship. But “to comfort” is actually far stronger. Power is at its heart. To comfort actually means “to strengthen greatly.” In fact, the word for comfort in biblical texts conjures up images of an advocate, of a lawyer ready to plead and fight for your cause. And you’ll note that it’s not just about what the comforter does, but it’s about the actual result for the one comforted: to be strengthened greatly. The clients we serve at IJM know this first hand. “Fight for me. Win for me.” This is what a man named Peter said in November 2009 to IJM’s lawyer, Joe, from behind bars at the Courthouse jail. It was the day of his hearing in the criminal case in which he had been falsely imprisoned for over 14 months. He had been transported that morning from prison to the Courthouse for another hearing in a long string of hearings in which, now predictably, nothing useful will happen. Upon arrival at the Court, this is the scenario: Peter is locked in the Courthouse jail. His name is called by the Judge only after several hours. The guard shoves him into the Court through the door reserved for the criminally accused. The court and the prosecutor mutter about his case. No evidence is presented, no witnesses are

involved. Peter is told nothing. The guard shoves him back out the door to rejoin the monotony of the soul-rotting routine of the prison he’s known for more than 420 long days. Joe took Peter’s case shortly before the November court hearing. For the first fourteen months, however, Peter had no advocate. He was lost in a system that didn’t value him enough even to ensure he knew the charges against him – Joe was the first to tell him. Peter, in fact, was charged with one of the most serious crimes in Kenya – Robbery with Violence, punishable by death. When he was arrested, Peter was 40 years old, disabled and not consistently employed – living mostly under the radar in his community. He liked to wander and look for things discarded on the roadside. If he found something he liked, he picked it up. That’s what he did in January 2008. While taking a walk, he recalls, “I found a coat on the path, picked it up, and put it on.” The problem for Peter was that this coat had been stolen by real thugs in an earlier robbery. The victim of the robbery saw Peter wearing the coat and asked the police to ask Peter where he got the coat. The man told the police clearly that Peter was not one of the thugs. But the police saw an opportunity to report that a violent crime had been solved. Without warrant, they arrested Peter and locked him away. No further investigation needed. I don’t know exactly how many Kenyans are falsely imprisoned, but prison wardens echo our belief that the prisons are brimming with innocent inmates. Notably, Robbery with Violence is by far the most common false charge lodged against our clients. Why would that be? Once charged with Robbery with Violence, Peter would be imprisoned for years, if, as expected, no one shows up

to fight for him. Bail isn’t an option. Moreover, the police are not measured on convictions or even the quality of their investigations (if their performance is measured at all). And the Court does not hold a preliminary hearing to test probable cause. If the police don’t have a reasonable basis to support the charge, they certainly have no incentive to urge the police prosecutors to try the case. The police know that frequently-transferred judges will freely postpone cases upon request. And so, month after month, Peter will be shuttled between his Prison and the Courthouse – without the Court ever requiring the police to produce a single item of evidence against him. The police win without ever playing the game. The power – the color and appearance of authority and the tools of force – all of this power is on the side of the police. Unless someone answers Peter’s cry for help – “fight for me; win the victory for me” – unless someone brings legitimate power to his side, Peter doesn’t stand a chance. He needs a comforter. Laura* needs a comforter too. When I met then eleven year old Laura in late 2009, she had been raped repeatedly over many months, not by one man, but by three different men. Her own father was one of those men. He began coming after Laura shortly after her mother died. He would come to her bed at night when she was sleeping and take her to his room. At first, she cried and begged him to stop, but he wouldn’t stop. Eventually, she stopped crying: “I got used to it.” Alone with a predator father, Laura eventually became the prey of two grown men who lived nearby. As Laura was walking to a local shop to buy a bathing sponge for herself, a neighbor Continued on Page 16 

Nashville Bar Journal - June 2011

FEATURE

Understanding the Foreign Corrupt Practices Act and Its Application to Local Entities by:

Kelly Frey We operate in an increasingly global economy. Foreign companies relocate to our area and local companies increase their revenues by expanding their operations and sales to foreign countries. Regardless of whether our clients are in music, healthcare, technology, or food services, as they expand into international operations they become subject to a new set of laws that create very real civil and criminal risks. One set of laws that has become increasingly important for international operations involves prohibitions against bribery. Don't laugh â&#x20AC;&#x201C; it happens â&#x20AC;Ś and increasingly it happens with respect to even wellintentioned companies that operate in our local area. We are not just talking about brown paper bags filled with cash (although those involved in our state in the bribery business seem to prefer that form of transfer). A bribe can be as simple as an offer of a ticket to a college or professional sports game to the wrong person, with the wrong intent. The Foreign Corrupt Practices Act In the United States bribery in the international context is covered under the Foreign Corrupt Practices Act (FCPA).1 The FCPA makes it illegal for a US person (or company) to offer, pay, promise to pay, or

Nashville Bar Journal - June 2011

authorize the payment of money or the giving of anything of value to a foreign official (or candidate) to obtain an improper advantage or affect or influence any act or decision of a foreign government.2 The FCPA also covers foreign firms and persons who take any action with respect to such prohibited payments while in the US.3 These prohibited acts are typically referred to as the anti-bribery provisions of the FCPA. The FCPA also requires that companies subject to the jurisdiction of the Securities and Exchange Commission (SEC) make and keep financial books, records and accounts that accurately reflect the financial transactions of the company and maintain a system of internal accounting controls sufficient to detect and prevent the payments prohibited under the FCPA.4 This "books and records" requirement applies not only to companies whose securities are listed on a US stock exchange or publicly traded, but all companies that are required to file reports with the SEC.

Enforcement Provisions of the FCPA The anti-bribery provisions of the FCPA are subject to enforcement by the Department of Justice (DOJ) and recently the enforcement business has been good. From 2009 to 2010, there was an 85% increase in the number of DOJ actions under the FCPA. The penalties assessed under the FCPA have seen even more astronomical increases, with penalties, fines, and discouragement of profits totaling in the hundreds of millions of dollars per action (coupled with equal dollar amount expenditures in legal, audit, and on-going compliance fees). Local companies have also been the subject DOJ investigations involving relatively small (but improper) payments under the FCPA that have resulted in multimillion dollar penalties. Individuals subject to FCPA violations (including officers of companies that are involved in improper payments) can be faced with up to five years imprisonment. The books and records provisions of the FCPA are subject to enforcement by the SEC. Violation of these provisions can result in not only significant economic penalties but also injunctive relief that can have catastrophic consequences for both companies and the responsible executives within these companies (including being barred from doing business with the federal government). Why Haven't I Heard More about these FCPA Actions Unless you are a securities lawyer or involved in ethics and compliance programs for large companies, you probably haven't heard much about the FCPA other than what you can read in the newspapers. One reason most attorneys are not familiar with the provisions of

the FCPA is that the actions by the DOJ and SEC rarely result in actual convictions that are included within traditional legal reporters. In fact, the first actual conviction of a company for violation of the FCPA was just announced by the DOJ in May 2011.5 In most cases, companies subject to DOJ and/or SEC actions under the FCPA enter into non-prosecution agreements (NPAs) by which they acknowledge wrong-doing and agree to pay damages and engage in remedial actions (which can include provision for an independent entity to monitor or audit future compliance). In some cases the NPAs are very public (and can be reviewed at the DOJ website). In other cases, the terms of settlement between the DOJ/ SEC and the respective company may not be completely public (e.g., the exact standards set by an independent monitor with which a company under investigation must comply). The result is that practitioners have to pull from a variety of what lawyers would typically consider secondary legal resources the issues that have become important in FCPA enforcement actions. This list of issues is typically referred to as FCPA "red flags" â&#x20AC;&#x201C; a list of situations that have traditionally been associated with the type of bad deeds that the FCPA seeks to prohibit. The New UK Bribery Act In addition to the increased enforcement activity under the FCPA, a new law will take effect in the United Kingdom in July 2011 that substantially expands current ant-bribery prohibitions for US entities. The UK Bribery Act of 2010 (the "Act"),6 prohibits not only bribes to foreign officials (as currently prohibited under the FCPA),7 but also offering or agreeing to accept a bribe in private commerce. The end result is that offering or agreeing to accept a bribe (i.e. "anything of value") as between private companies with an intent for that offer to induce some action that the company

would not otherwise take becomes a criminal offense.8 The Act also includes a new offense for failing to have procedures and controls in place within a company to prevent bribery.9 Why should a new UK law worry a US company? Because the Act provides that the UK government can exert jurisdiction over non-UK entities for offenses committed outside of the UK by any person who has a "close connection with the United Kingdom."10 Basically, "there is a new sheriff in town" and US companies can expect the new enforcement agency for the Act (the Serious Fraud Office) to come knocking at their door later this year. In addition to incorporating more offenses than the FCPA, the Act also has a number of other provisions that should worry any US company. The prison sentences for violations of the Act are double their US counterparts, the Act provides for unlimited fines, and violators are subject to mandatory (not permissive) debarment from government contracting within the European Union (or acting as a director/senior officer of another covered company). The Act also specifically prohibits small "facilitation payments" that have traditionally been made by US companies to induce foreign officials to perform their normal duties (such as small payments to customs officials to clear individual shipments in foreign destinations) and creates some ambiguity over whether payments for tickets, sporting events, and other traditional hospitality items are prohibited or restricted.11 Implications for US Companies Given the SEC books and records requirements and the Act's requirement for control process to be in place within companies to prevent bribery, the risk Continued on Page 18 ď&#x192;&#x153;

Nashville Bar Journal - June 2011

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

Tech Tools at the ALA Conference

We were privileged to bring the Bill & Phil World Tour to the Association of Legal Administrators annual conference in Orlando in May. Next year it is in Hawaii! While there we took the opportunity to peruse the exhibit floor to pick up any new tech gadget, software, or website that might be interesting. Of course, there was the usual phalanx of companies that have been providing essential software and gadgets to law firms for years. There were, however, some newer products to us that we thought were interesting. BizActions.com: This website is billed as an email newsletter and complete marketing solution for specific industry segments, including law firms. In addition to being a tool to send out mass emails to a targeted audience à la Constant Contact, Mailchimp, or Emma, BizActions actually provides industry specific, professional written content that can be shared with your client base. There is built-in integration for social media sites and everything is accessed directly from the web…no software to install. It's an interesting concept in a brave new world of online marketing and client maintenance. Translation services: There were several translation services that exhibited at the ALA this year, denoting the obvious: that our client bases and cases are getting more and more diverse in our increasingly interconnected world. Certa Language Solutions (www.cetra.com) touts the ability to provide interpreters for legal proceedings in any language. Morningside Translations (www.morningtrans.com) provides not only interpreters but also certified document translation, transcription, and even document review services. Transperfect Legal Solutions (www.transperfectlegal.com) is a global legal support company that provides an array of litigation support and e-discovery services, including interpretation and translation services. Worldox: Worldox made a splash at LegalTech this year with the announcement of its iPad app for those who use their flagship Worldox document management system. At the ALA they were touting the newest product, the Worldox Productivity Suite. This software is sold as an add-on to their document management system. The software suite includes the ability to automate document routing, review, approval, and transmittal within the office. It also integrates with Outlook to provide task management and automated notification. Interestingly, it comes bundled with DocsCorp's compareDocs application which allows legal black lining of documents right within the Worldox application. Fastcase.com: Fastcase is another "next-generation" legal research web service. Its online research libraries hold primary law from all 50 states as well as federal cases. The searching technology in Fastcase allows the search engine to present cases in a Google-like list, sorted based on user-selected criteria. Fastcase for the iPhone is a new feature that has been rolled out, allowing full access to the research libraries to attorneys on the go. Subscription to the service can be monthto-month; and there is a 24 hour free trial that can be activated from their website. Courtroom Connect: This company (www.courtroomconnect.com) has a suite of services that focus on remote participation in legal events. With the Courtroom View Network, attorneys can view gavel-to-gavel coverage of some of the top trials in the country. The Remote Counsel service provides videoconferencing support to allow remote participation of clients and/or attorneys in depositions, arbitrations, mediations, or interviews. The Speche Communications service provides live streaming text services for the hearing impaired  See you next month! Bill & Phil

Nashville Bar Journal - June 2011

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 (166) Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (87) Miller & Martin PLLC (57) Stites & Harbison, PLLC (48) Bone McAllester Norton PLLC (32) Harwell Howard Hyne Gabbert & Manner, P.C. (31) Neal & Harwell, PLC (30) Manier & Herod, P.C. (28) Lewis, King, Krieg & Waldrop , P.C. (28) Sherrard & Roe, PLC (27) Adams and Reese LLP (27) Gullett, Sanford, Robinson & Martin, PLLC (26) Leitner, Williams, Dooley & Napolitan, PLLC (21) Riley Warnock & Jacobson, PLC (20) Ortale, Kelley, Herbert & Crawford (20) Cornelius & Collins, LLP (18) Walker, Tipps & Malone, PLC (17) Waddey & Patterson (15) Frost Brown Todd LLC (15) Tune, Entrekin & White, P.C. (14) Lassiter, Tidwell, Davis, Keller & Hogan, PLLC (14) Hughes & Coleman (14) Brewer, Krause, Brooks, Chastain and Burrow, PLLC (14) Smith Cashion & Orr, PLC (13) Ogletree, Deakins, Nash, Smoak & Stewart (13) Branstetter, Stranch & Jennings, PLLC (13) White & Reasor, PLC (12) Watkins & McNeilly, PLLC (11) Parker, Lawrence, Cantrell & Smith (11) Dollar General Corporation (11) Burr & Forman LLP (11) Levine, Orr & Geracioti (10) Kay, Griffin, Enkema, & Colbert, PLLC (10) Drescher & Sharp, P.C. (10) Corrections Corporation of America (10) Taylor, Pigue, Marchetti & Mink PLLC (9) Spicer Rudstrom, PLLC (8) Schulman, LeRoy & Bennett, P.C. (8) Rudy, Wood , Winstead & Williams PLLC (8) Hall, Booth, Smith & Slover, P.C. (8) Farris Mathews Bobango, PLC (8) Reno & Cavanaugh PLLC (7) Morgan & Akins, PLLC (7) MGLAW, PLLC (7) Loeb & Loeb, LLP (7)

Hollins, Raybin & Weissman, P.C. (7) Dodson Parker Behm & Capparella, P.C. (7) Buffaloe & Associates, PLC (7) Willis & Knight, PLC (6) Shackelford, Zumwalt, Hayes, LLP (6) Robinson, Reagan & Young, PLLC (6) Leader, Bulso & Nolan, PLC (6) Evans, Jones & Reynolds, P.C. (6) American General Life & Accident Ins. Co. (6) Trauger & Tuke (5) Luna Law Group, PLLC (5) Kroll, Inc. (5) Kinnard, Clayton & Beveridge (5) Jones Hawkins & Farmer, PLC (5) Holton Blackstone & Mayberry, P.C. (5) Haynes, Freeman & Bracey, PLC (5) Bridgestone Americas Tire Operations, LLC (5) Barrett Johnston, LLC (5) Todd, Floyd & Hammet, PLC (4) Thrailkill, Harris, Wood & Boswell, PLC (4) Rutherford & DeMarco (4) Moses Townsend & Russ, PLLC (4) McCune, Zenner, & Happell, PLLC (4) Lowery, Lowery & Cherry, PLLC (4) Lieff, Cabraser, Heimann & Bernstein (4) Law Offices of John Day, P.C. (4) Howard & Mobley , PLLC (4) Hale & Hale, PLC (4) Dobbins, Venick, Kuhn & Byassee, PLLC (4) White & Rhodes, P.C. (3) Weatherly, McNally & Dixon, PLC (3) Tennessee Justice Center (3) Rothschild & Ausbrooks, PLLC (3) Rogers, Kamm & Shea (3) Puryear Law Group (3) Norris & Norris, PLC (3) Mudter & Patterson (3) Moseley & Moseley, Attorneys at Law (3) May & Ryan, PLC (3) Marlowe Law Offices, PLLC (3) Lindsey + Sawyer, PLLC (3) Larry R. Williams, PLLC (3) Kennedy & Brown, PLLC (3) IASIS Healthcare LLC (3) Hix & Gray, PLC (3) Grissim & Hodges (3) Glasgow & Veazey (3) Garfinkle, McLemore & Young, PLLC (3) Equitus Law Alliance, PLLC (3) EMI Christian Music Group, Inc. (3) Corbett Crockett (3) Comdata Corporation (3) Cheadle & Cheadle (3) Barry Gammons, Attorney at Law (3) Baker, Campbell & Parsons (3)

Nashville Bar Journal - June 2011

INTEREST

But “Will It Write”?: How Writing Sharpens Decisionmaking by:

Douglas E. Abrams The 2004 National Football League Draft was fast approaching, and the last-place San Diego Chargers held the first pick overall. Their expected pick, University of Mississippi quarterback Eli Manning, was no stranger to the inner workings of the NFL because his father, former New Orleans Saints quarterback Archie Manning, and his older brother, Indianapolis Colts quarterback Peyton Manning, had preceded him to stardom. Eli told the Chargers that he would not sign if the team selected him, and he intimated that he would instead re-enter the 2005 draft, expecting selection by another team. Sitting out the 2004-2005 season would mean losing a year’s multimillion-dollar income in his athletic prime, but media reports indicated that the young quarterback also believed he could get a more favorable long-term contract from a team in a major media market. The Chargers did pick Eli first. To avoid a stalemate that would leave them with nothing to show for the first round, however, they immediately traded him to the New York Giants. The rest, as they say, is history. Just ask any Giants fan about the team’s 17-14 upset victory over the New England Patriots in Super Bowl XLII in 2008.

Nashville Bar Journal - June 2011

How did future Super Bowl Most Valuable Player Eli Manning reach his high-stakes decision to spurn the Chargers and threaten spending a season on the sidelines? “Eli did what I have always suggested in making big decisions,” said his father. “I’m a legal pad guy. He took out a legal pad, drew a line down the middle, and put the pluses on one side and the minuses on the other side. It wasn’t even close, so he went with it.”1 The Discipline of Writing This sort of written decisionmaking also aids Presidents, legislators, judges, lawyers, business people, and others who recognize that the discipline of committing arguments to paper can focus thinking more clearly than mere contemplation or oral discussion can. As author John Updike put it, writing “educates the writer as it goes along.”2 Indeed, said California Chief Justice Roger J. Traynor, writing is “thinking at its hardest.”3 “The act of writing,” concluded U.S. Circuit Judge Frank M. Coffin, “tells what was wrong with the act of thinking.”4

At least three recent Presidents – Richard Nixon, Jimmy Carter, and George H.W. Bush – were also “legal pad guys” who methodically penned longhand lists of pros and cons to marshal their thoughts as they wrestled with major policy decisions.5 Other leaders reliant on such lists when mulling over vexing personal and professional decisions include Secretary of State Hillary Rodham Clinton; Secretary of Agriculture Tom Vilsack; former Senators Lloyd Bentsen, Sam Nunn, Lincoln Chafee, Blanche Lincoln, and Paul Simon; former Treasury Secretary Robert Rubin; former Congress member and 9/11 Commission vice-chair Lee Hamilton; former governors Michael Dukakis and Pete Wilson; and World Bank President Robert Zoellick.6 Even naturalist Charles Darwin made extensive notes listing the pros and cons of getting married before he proposed to his future wife.7 Judges offer a solid rationale for written decisionmaking. “All of us have had seemingly brilliant ideas that turned out to be much less so when we attempted to put them to paper,” said U.S. Circuit Judge Wade H. McCree, Jr. “Every conscientious judge has struggled, and finally changed his mind, when confronted with the ‘opinion that won’t write.’”8 Choosing the Format Rather than listing pros and cons in two columns to expose tentative decisions that “won’t write,” the decisionmaker might pen longer passages, or even an informal essay. Hand-written diagrams or flow charts might also help. Felt need and personal preference determine the format because the point-counterpoint is normally for the writer’s eyes only, unless the writer shares the document with a small circle of advisors or other colleagues.

Regardless of the chosen format, writing can influence not only lawyers’ own personal and professional decisionmaking, but also the advice lawyers provide clients about how to reach decisions on matters within the scope of representation. Some individual and institutional clients adept at problem-solving may already understand how committing thoughts to paper induces careful reflection, but other clients may not. Written decisionmaking should come naturally to lawyers because it remains fundamental to the American judicial system, and thus to the way law schools teach students to “think like lawyers.” In bench trials or actions tried to an advisory jury, Rule 52(a) of the Federal Rules of Civil Procedure requires the court to “find the facts specially and state its conclusions of law separately.” Appellate courts commonly hand down decisions with signed opinions (including majority, plurality, concurring and dissenting opinions), per curiams, or unpublished opinions or orders stating reasons. These cornerstones of trial and appellate judging hold lessons fundamental to the everyday decisionmaking of lawyers and their clients. Rule 52(a)The trial court’s written findings and conclusions focus appellate review, permit application of preclusion doctrines, and inspire confidence in the trial court’s decisionmaking.9 But the federal courts of appeals have also recognized a “far more important purpose” of Rule 52(a), “that of evoking care on the part of the trial judge in ascertaining the facts.”10 The Supreme Court has recognized that “laymen, like judges, will give more careful consideration to the problem if they are required to state not only the end result of their inquiry, but the process by which they reached it.”11

In United States v. Forness in 1942, the Second Circuit gave perhaps the most thoughtful judicial explanation of the prime goal of Rule 52(a).12 The unanimous panel included Judge Charles E. Clark, the chief drafter of the Federal Rules of Civil Procedure and an acknowledged expert in their meaning and application. Writing for the panel, Judge Jerome Frank said this: “[A]s every judge knows, to set down in precise words the facts as he finds them is the best way to avoid carelessness . . . . Often a strong impression that, on the basis of the evidence, the facts are thus-and-so gives way when it comes to expressing that impression on paper.”13 Judges hold no monopoly on this knowledge. Appellate Decisionmaking The appellate court’s full opinion or abbreviated writing shows litigants that the court considered their arguments, facilitates further review on remand or by a higher court, and defines the decision’s meaning as precedent.14 But the written word’s capacity to sharpen the decisionmakers’ internal thought processes looms large, as it did in the district court. “The process of writing,” says Justice Ruth Bader Ginsburg, is “a testing venture.”15 Chief Justice Charles Evans Hughes found “no better precaution against judicial mistakes than setting out accurately and adequately the material facts as well as the points to be decided.”16 “Reasoning that seemed sound ‘in the head’,” U.S. Circuit Judge Richard A. Posner explained decades later, “may seem half-baked when written down, especially since the written form of an argument encourages some degree of critical detachment in the writer. . . . Continued on Page 20 

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The Comfort of an Advocate Continued from page 9

dragged her into a public bathroom and raped her. When he was finished, he tossed a few shillings – about 25 cents – into her lap and told her to keep quiet. Then, again, as Laura was setting out for school, another neighbor grabbed her, pulled her back into the house and raped her. He too flipped a few shillings her way and told her to keep quiet. After months of suffering alone, however, Laura could no longer keep quiet. She confided in her teacher what happened. Laura received immediate medical treatment from a leading Nairobi hospital. The treating doctor thoroughly documented that her injuries were consistent with rape. IJM lawyers, investigators, and social workers had worked many cases with the police and prosecutors and were asked to help. We knew their weaknesses, and, therefore, assisted the police in gathering everything that was necessary to prosecute, including the medical records. But the police refused to act. They insisted that Laura must obtain another medical report – called the P3 report – from Nairobi’s lone government medical examiner. To be clear, nothing in the law requires the P3 report, but the police and prosecutors had developed a practice over time under which they refused to charge and prosecute without a medical examination and the P3 report from the government doctor. Courts had even come to accept the P3 report as necessary proof in rape cases. Not only was this dead wrong under the law, but it actually posed one of the biggest obstacles to justice in rape cases. Nairobi has over 3 million people; there is only one government medical examiner, and he is utterly overwhelmed, with no way of competently inspecting all the patients who come to his office

Nashville Bar Journal - June 2011

Outside the Medical Examiner's Office in Nairobi

daily. The line of patients on an average day snakes well out the door of his office and into the parking lot. Little girls, like Laura, who have been violated in unspeakable ways, languish in line with victims of routine traffic accidents. Then, after waiting untold hours in line to see the doctor, little Laura has to lay in a table in the doctor’s cramped and dirty office, while hoards of people are crammed in the hall just outside. Another traumatic invasion of her privacy; another time she finds herself completely powerless before a strange man. Our team had seen the doctor get it wrong again and again, and we were justifiably concerned about what he would report about Laura. As feared, his P3 report undermined the sound medical findings of Laura’s treating physician. Still, the police, more concerned with form than substance, arrested and charged all three abusers. This was good news in the short run, but the P3 report was a potential bomb of reasonable doubt that would be very hard to diffuse. But that’s why, in this difficult work in a broken system, I have come to love the image of our staff simply leaning in. For me, that is the picture of comfort, of advocacy. I have a photograph of Joe speaking with Peter while he is in jail. He is drawing near, pressing through the

bars, telling Peter, “We will come for you. We will fight every fight to rescue you.” In a difficult fight for a precious soul, Joe leans in. And Peter’s eyes are locked on him. He listens intently because, for the first time, in many long days, someone has come close. He hopes again. Enough to say to Joe: “Fight for me. Win for me.” That’s the picture I carry in my mind of what we do to bring comfort when it is needed – for Peter, for Laura. And that’s what Joe did. The work wasn’t made for TV. Joe pushed hard day after day on the prosecutor, the police, and the Attorney General to drop the baseless charges against Peter. But they were all afraid and wanted cover – the cover of the Judge making the decision. Joe secured an expedited trial. It was a quick trial, and the government had nothing to offer. The victim confirmed that Peter did not rob him, and the judge declared Peter innocent of all charges. Peter was released on New Year’s Eve, two months and 3 days after Joe became Peter’s comforter. He would enter 2010 a free man. Peter was strengthened greatly. Our Kenya team has learned that sometimes you just have to pick a fight – a legitimate fight, but a vigorous fight nonetheless – to set things right. You

may win or you may lose, but you make the obstructionists engage; in doing so, you just might put the fight in a ring where you can win. This has been true in our country’s great struggles for civil rights. And this also is true of the fight that the Kenya team waged for Laura. After years of failed attempts to persuade the police to abandon the P3 practice, the team decided to pick a fight and make the P3 an issue for the court to decide. Each perpetrator was to stand trial in separate proceedings. In the first case to go to trial, our lawyer realized we had a sympathetic police prosecutor who, with strong support, would be willing to challenge the P3 as legally unnecessary. The prosecutor agreed to rely solely on the treating physician’s examination and medical records and closed the case without offering the P3 report or the government doctor’s testimony. We prepared to marginalize the P3 report, if offered by the defense, but we wanted to make the court decide whether the P3 was necessary.

We also had a precedent-setting judgment we could take to prosecutors and police across Nairobi. In the case against Laura’s second abuser, the prosecutor was emboldened by the precedent to proceed without the P3 report. And, as we sit here today, all three of Laura’s abusers are off the streets and in prison. The public justice system worked for Laura, and an entrenched obstacle to justice is being dismantled. Not too long ago, I had a chance to spend the day with Laura at her boarding school on the peaceful outskirts of Nairobi. I’m not sure what I expected; I certainly did not imagine strength or joy. But my colleagues in Kenya had drawn near with strength. Laura is thriving in school with wonderful little friends. She is funny, confident, and full of laughter. The trauma of her abuse is no longer her story; it has become an ever shrinking part of a much larger, more beautiful story. She has been strengthened greatly.

You know, I meet a lot of unhappy lawyers, especially in Washington DC. So successful, and yet when they’re alone with their thoughts, they have gnawing yearning for more. Perhaps that is true of some of you. So let me leave you with this invitation penned by John Adams, who, for all his political achievements, wrote so fondly of the joy he found using his power as a lawyer for the brokenhearted and oppressed: Now to what higher object, to what greater character can any mortal aspire than to be possessed of all this knowledge, well digested and ready at command, to assist the feeble and the friendless, to discountenance the haughty and lawless, to procure redress to wrongs, the advancement of right, to assert and maintain liberty and virtue, to discourage and abolish tyranny… n *In order to protect IJM clients, pseudonyms have been used. All text © International Justice Mission

The Judge peered down skeptically from the bench: “Are you sure you are ready to close your case?” The prosecutor remained firm. The Court then set a date for a special ruling on whether the prosecution had presented enough evidence to require the defendant to put on a defense. We prepared the prosecutor for the hearing and also for an appeal in case the Judge dismissed the case. We obviously didn’t want the case to be dismissed, but if it were, we’d have a chance to make some good law. Ruling day came, and the Judge put the defendant on his defense. The P3 report and related testimony were unnecessary as a matter of law. Even better, at the close of the trial, the Court convicted the perpetrator and sentenced him to life in prison. A thrilling result – this abuser would never touch Laura or any other child again – but we had more than that.

Philip Langford meets with a victim of illegal land seizure served by IJM

Nashville Bar Journal - June 2011

Understanding the Foreign Corrupt Practices Act and Its Application to Local Entities Continued from page 11

profile for US companies continues to increase with respect to acts of bribery. Companies must self-police their employees (and potentially their agents and contractors) and have reporting processes in place to detect (and report) potentially prohibited gifts or payments and control processes to prevent such gifts and payments. Companies may also be required to educate third parties with whom they deal (joint venture partners, supply chain contractors, sale channel distribution partners, shipping agents, etc) with respect to the provisions of the FCPA and the Act and include within their contractual commitments a provision that these third parties will not engage in the types of payments or gifts that are prohibited. Last, with the additional "whistleblower" provisions of the new Dodd-Frank Wall Street Reform and Consumer Protection Act12 there are mandatory cash rewards that must be paid to those who voluntarily provide the SEC with information leading to a successful prosecution under the books and records provisions of the FCPA (a minimum of 10% and a maximum of 30% of sanctions recovered). Given that sanctions for FCPA violations seem to have a floor in the low millions of dollars, informers with respect to FCPA violations now can expect a minimum six figure bounty for turning in their employers and executives (plus being the beneficiary of prohibitions against retaliation by their companies for the information provided to the SEC). Summary and Conclusions Bribers are bad, morally, legally, and on a macro-economic level financially. Good business practices should dictate that companies avoid brides and have control processes in place to manage their risks with respect to such prohibited behavior. But creating

Nashville Bar Journal - June 2011

such processes, especially sustainable processes within budgets, can be hard. Failing to practically accommodate to the changing enforcement patterns with respect to bribery and potentially facing prosecution by the DOJ or sanctions by the SEC in the US or civil or criminal indictments by the Serious Fraud Office in the UK could be much harder. US companies need to reevaluate their current compliance programs (or immediately implement a compliance program if none is in place) that are proportionate to the new risks in the international marketplace. Companies also need to understand that bribes are the ultimate "slippery slope" – once "small gifts" become ingrained in the culture of an organization, larger gifts seem less suspect, and actual violations of the FCPA and the Act become the subject of closet conversations rather than affirmative action. Such a process places both the organization, and its senior executives, at risk of both large civil actions and potential criminal convictions. The FCPA and the Act have become local concerns. They now both require local action by our clients. n Kelly L. Frey is a shareholder with the Nashville office of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC. He is concentrates his practice in the area of corporate and information technology law. He can be reached at 615-726-5682 or kfrey@bakerdonelson.com.

(Endnotes) 1 Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd1, et seq. (1977). 15 U.S.C. § 78dd-2.

15 U.S.C. § 78dd-3.

15 U.S.C. § 78m.

Press Release, DOJ, California Company, Its Two Executives and Intermediary Convicted by Federal Jury in Los Angeles on All Counts for Their Involvement in Scheme to Bribe Officials at State-Owned Electrical Utility in Mexico (May 10, 2011), available at http://www.justice.gov/opa/pr/2011/May/11crm-596.html.

Bribery Act, 2010, c. 23 (U.K.), available at http:// www.legislation.gov.uk/ukpga/2010/23/pdfs/ukpga_20100023_en.pdf.

Bribery Act, 2001, c.23 § 6.

Bribery Act, 2001, c.23 § 1-2.

Bribery Act, 2001, c.23 § 7.

Bribery Act, 2001, c.23 § 12.

See generally the guide manual for the Act. The Bribery Act 2010: Guidance about procedures which relevant commercial organisations can put into place to prevent persons associated with them from bribing (section 9 of the Bribery Act 2010), Ministry of Justice (2010), available at http://www.justice.gov.uk/ downloads/guidance/making-reviewing-law/briberyact-2010-guidance.pdf. 11

Section 922, amending 15 U.S.C. § 78a et seq.

Nashville Bar Journal - June 2011

But “Will It Write”?: How Writing Sharpens Decisionmaking Continued from page 15

Many writers have the experience of not knowing except in a general sense what they are going to write until they start writing.”17 Conclusion: The “Human Factor” In Forness, Judge Frank acknowledged that “fact-finding is a human undertaking” which “can, of course, never be perfect and infallible.”18 Writing can certainly sharpen thought in everyday decisionmaking, but the outcome depends on prudent use of the writing and other extrinsic sources of information and reason. Listing pros and cons can orient the decisionmaker, but the list offers no compass pointing ineluctably to the right answer. When President Bush pondered a Supreme Court nomination in 1990, for example, he took a legal pad and carefully penned the pros and cons of naming U.S. Circuit Judge David H. Souter, whose tenure on the Court has not turned out the way the President had anticipated.19

and con.”21 Then his wife stepped in. “This is not a legal brief,” she told him, “This is your life.”22 And the rest is history, as it was with Eli Manning. Schneider rejected politics and lucrative private law practice to become executive director of COA Youth and Family Centers, an agency dedicated to improving poor Milwaukee neighborhoods by enhancing opportunities for needy children and their families. “I’ve always loved working with kids,” he says, “What I really care about is how do you make a positive difference in this world.”23 _________________________________ Douglas E. Abrams, a law professor at the University of Missouri, has written or co-authored five books. Four U.S. Supreme Court decisions have cited his law review articles.

_________________________________ (Endnotes)

Rick Cleveland, Mannings Endure Boos, Slurs and Media Criticism . . . and Life Goes On, Clarion-Ledger (Jackson, Miss.), May 2, 2004, at 1D.

John Updike Biography and List of Works, http:// www.litweb.net/biography/527/John_Updike.html.

Because so much professional and personal decisionmaking involves emotion and other intangibles whose force written words alone cannot capture, the outcome does not necessarily depend on which side of the ledger – pro or con – holds the longer list. Indeed when Charles Darwin pondered whether to propose to his future wife, his list contained thirteen “cons” and only nine “pros,”but he married her anyway.20 The “human factor,” sometimes called a “gut feeling,” may tilt the scale and ultimately carry the day. When Thomas P. Schneider’s term as U.S. Attorney for the Eastern District of Wisconsin ended in 2001, for example, he weighed offers to join large influential law firms at handsome salaries, plus friends’ suggestions that he cap his 29-year career as a prosecutor by running for state attorney general. “As most lawyers would,” reported the Milwaukee Journal Sentinel, “Schneider grabbed a legal pad and divided the page into two columns: pro 20

Nashville Bar Journal - June 2011

Roger J. Traynor, Some Open Questions on the Work of State Appellate Courts, 24 U. Chi. L. Rev. 211, 218 (1957). 3

Frank M. Coffin, The Ways of a Judge 57 (1980).

5 Bob Merry Takes On the Alsop Brothers, The Hill, May 22, 1996 (Nixon); Mindy Fetterman, CEO’s Advise the President, USA Today, June 28, 1991, at 1B (Carter); Susan Fraker et al., B-1 No, Cruise Yes, Newsweek, July 11, 1977, at 15 (Carter); Anne Reilly Dowd, How Bush Manages the Presidency, Fortune, Aug. 27, 1990, at 68.

Ann McFeatters, Pros, Cons of Clinton Campaign, Patriot Ledger (Quincy, Mass.), Mar. 6, 1999, at 31; Judith Nygren, Vilsack Pursues Vision of Strong, Vibrant Iowa, Omaha World Herald, May 30, 1998, at 1; Jane Fullerton, Twins In the House, Ark. DemocratGazette, June 4, 1996, at 1E (Sen. Lincoln); Donald M. Rothberg, With a War On, Even Democrats Want Bush For President, Lewiston (Idaho) Morning Trib., Feb. 17, 1991, at 1A (Sen. Bentsen); Eric Schmitt, Even G.O.P Asking Nunn Not To Retire From Senate, N.Y. Times, Oct. 2, 1995, at A10; Chafee Says He’ll Consider Switching Parties If GOP Retains Senate Control, The Bulletin’s Frontrunner, June 12, 2001; Lynn Sweet, Why Simon Won’t Run, Chicago Sun-Times, Nov. 15, 1994, at 1; Sharon Walsh, Rubin Will Share Helm at Citigroup, Wash. Post, Oct. 27, 1999, at E1; Mike Dorning, Open-Ended Impeachment Investigation Approved By House, Chicago Trib., Oct. 9, 1998, at 1 (Rep. Hamilton); Stuart K. Spencer, Dukakis Picking His Second Place, L.A. Times, July 3, 1988, at pt. 5, p. 3; Jerry Roberts, Wannabe Wilson Searches His Soul, San Francisco Chronicle, Mar. 5, 1995, at 7; Joseph Kahn, 6

A Washington Veteran For Labor; A Tested Negotiator For Trade, N.Y. Times, Jan. 12, 2001, at 17 (Zoellick). Who Was More Important: Lincoln or Darwin?, NewsJuly 14, 2008, at 30; Death Of Child May Have Influenced Darwin’s Work, Nat’l Public Radio, Morning Edition, Feb. 12, 2009; Cautious Evolution of Charles Darwin, Northern Terr. News (Australia), Feb. 7, 2009, at 20; Mary Harris Russell, 2 View of a Remarkable Scientist, Chicago Trib., Jan.3, 2009, at 3. 7

week,

Wade H. McCree, Jr., Bureaucratic Justice: An Early Warning, 129 U. Pa. L. Rev. 777, 790-91 (1981). See also, e.g., Frank M. Coffin, supra note 4, at 57; Robert E. Keeton, Judging 137 (1990); Ruth Bader Ginsburg, Workways of the Supreme Court, 25 Thos. Jefferson L. Rev. 517, 526 (2003); Kenneth F. Ripple, Legal Writing In the New Millennium: Lessons From a Special Teacher and a Special “Classroom”, 74 Notre Dame L. Rev. 925, 926 (1999); Roger J. Traynor, supra note 3, at 218; Patricia M. Wald, The Rhetoric of Results and the Results of Rhetoric: Judicial Writings, 62 U. Chi. L. Rev. 1371, 1374-75 (1995). 8

9C Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 2571, at 219-22 (3d ed. 2008).

10 United States v. Forness, 125 F.2d 928, 942 (2d Cir. 1942). See also, e.g., Martin Midstream Partners v. Boone Towin,g Inc., 207 Fed. Appx. 439, 441 (5th Cir. 2006); Chavez Properties-Airport Parking Albuquerque, LP v. Lorentzen, 204 Fed. Appx. 745, 758 (10th Cir. 2006); Davis v. New York City Hous. Auth., 166 F.3d 432, 435 (2d Cir. 1999). 11

United States v. Merz, 376 U.S. 192, 199 (1964).

125 F.2d 928 (2d Cir. 1942).

Id. at 942.

Cf. Baker v. Canada (Minister of Citizenship and Immigration), 2 S.C.R. 817 ¶ 39 (S. Ct. of Canada 1999) (L’Heureux-Dube, J.) 14

15 Ruth Bader Ginsburg, Remarks on Writing Separately, 65 Wash. L. Rev. 133, 139 (1990). 16 Charles Evans Hughes, The Supreme Court of the United States 64 (1928). 17 Richard A. Posner, Judges’ Writing Styles (and Do They Matter?), 62 U. Chi. L. Rev. 1421, 1447-48 (1995). 18 United States v. Forness, 125 F.2d 928, 943 (2d Cir. 1942). 19

Anne Reilly Dowd, supra note 5, at 68

20 William Hartston, Ten Things You Never Knew About . . . Charles Darwin, The Express (England), Jan. 7, 2009, at 30. 21 Gina Barton, From Courthouse to Social Service Agency, Milwaukee J. Sentinel, Nov. 17, 2002, at 1B. 22

Id.

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. A personalized tile is a great idea for: i Retirements j r Investitures q i New firm partners j r Recognizing a special person in your life q i Showing gratitude to a colleague j r Honoring a mentor q i Memorializing a loved one, colleague, or friend j r The possibilities are endless! q

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 - June 2011

Disclosure W. Lee Maddux joins Adams and Reese as Special Counsel, practicing in the firm’s Nashville office. Maddux has been practicing more than 30 years with diverse litigation experience from health care law to products liability, professional liability and education law. Maddux is a former litigation attorney with Chambliss, Bahner & Stophel and also a former special counsel for the City of Chattanooga. He is admitted to practice in Tennessee and Kentucky, and his practice focuses on litigation involving professional liability, product liability, personal injury, health care, long-term care, medical malpractice and business disputes. He has been involved in professional liability litigation, encompassing legal issues such as alternative dispute resolution (ADR) agreements, business litigation, and hospital liability. Larry Brock, a partner at Adams & Reese, has joined the Board of the United Way of Greater Chattanooga. The United Way of Greater Chattanooga, in creating opportunities for better education, stability and support for people in the Chattanooga community, recruits people and organizations who bring the passion, expertise and resources needed to achieve business and community projects through their leadership roles. Lisa L. Collins has been appointed as the incoming Vice-President of the American Academy of Adoption Attorneys. AAAA is a not-for-profit fellowship of more than three hundred attorneys, judges and law professors throughout the United States and Canada committed to improving the lives of children. Collins is a solo practitioner in Nashville devoting 100 % of her practice to adoption law and law regarding assisted reproductive technology.

Nashville Bar Journal - June 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

John Hayworth has been named a managing partner at Walker Tipps & Malone PLC. Hayworth, who has been with the firm since its inception in 2000, received his undergraduate degree from Colby College in 1990 and is 1993 graduate of Vanderbilt University School of Law. Hayworth focuses his practice on representing parties in all ranges of disputes, including insurance coverage disputes, securities, shareholder, and other corporate governance litigation, business disputes, class actions, corporate investigations and special litigation committees, SEC insider trading actions, as well as in the areas of professional malpractice, products liability, and other torts. Charles Malone has been named a recruiting partner at Walker Tipps & Malone PLC. Malone received his undergraduate degree from Wake Forest University in 1995 and is a 2003 graduate of Vanderbilt University School of Law. Malone, who joined the firm in 2003, represents clients in shareholder derivative lawsuits, business tort litigation, contract disputes, class action lawsuits, and plaintiffs and defendants in personal injury and wrongful death actions. Mark Norris, Tennessee Senate Majority Leader and Adams and Reese Special Counsel, has been named to serve as one of 12 members on the Communications, Policy and Economic Development Council of the U.S. Department of Energy's program tasked with modeling and simulation of nuclear reactors. Known as "CASL" (Consortium for Advanced Simulation of Light Water Reactors), the program includes Oak Ridge National Laboratory, Tennessee Valley Authority, and leading research universities in Tennessee, Texas, North Carolina, Florida and elsewhere.

Nashville School of Law (NSL) honored the achievements of two distinguished attorneys at its 18th annual Recognition Dinner on Friday, June 3, at the Millennium Maxwell House Hotel. Robert Ballow, metro law pioneer and NSL class of 1963, is the 2011 Recognition Dinner Honoree and Trevor Howell, employment and labor law attorney, will receive the 2011 Distinguished Faculty Award. “The collective accomplishments of these two revered attorneys are a perfect example of the founding principles of Nashville School of Law,” said Judge Joe C. Loser, Jr., Dean of the Nashville School of Law. “I am proud to be a part of a community that continually produces excellence in the legal community at large.” Robert Ballow, co-founder of King & Ballow in Nashville, graduated from Nashville School of Law in 1963. Upon graduation, Ballow practiced with Frank King at his solo firm until starting King & Ballow in 1969. Ballow helped establish their general practice firm as a national expert on media law, and the firm now represents many Fortune 500 companies, more than 300 daily newspapers, and 100 radio and television stations nationwide. Trevor Howell received his law degree from Samford University’s Cumberland School of Law, and now practices with Gullett Sanford Robinson & Martin PLLC in Nashville. Specializing in employment and labor law, Howell has taught in these areas – including Employment and Labor Law and Business Associations – at NSL since 1988. He also regularly serves as instructor for Continuing Legal Education seminars in the employment law area. Howell is past chair of the Nashville Bar Association’s Employment Law Section, and is a member of the Nashville Bar Association, Tennessee Bar Association, and American Bar Association.

David F. Lewis joins Firth Third Bank’s advisory board. Lewis is managing partner of the Nashville office of Wyatt Tarrant & Combs and is a member of the law firm’s Executive Committee. He concentrates his practice in the areas of business planning, corporate and commercial transactions, corporate governance, commercial real estate and estate planning. Lewis is a current member of Leadership Nashville. He is presidentelect of the Gordon Jewish Community Center and is a board member of the Jewish Federation of Middle Tennessee. He is serving a second stint as president of the board of the Akiva Community Day School. He has also served The Temple of Nashville in various capacities. A Memphis native, Lewis graduated with a BA degree in history from Rhodes College. He is also a graduate of the Tulane University School of Law. Gregg Ramos joins Firth Third Bank’s advisory board. Ramos is a member of the Nashville law firm North, Pursell Ramos & Jameson and maintains a general civil litigation practice with an emphasis in the areas of personal injury, workers’ compensation and employment law. He was president of the Nashville Bar Association in 2004. He formerly was an assistant prosecutor in his home state of Arizona. He is a past board chairman of Catholic Charities of Tennessee Inc. and past president of Conexion Americas, a nonprofit group that helps Hispanic families in Middle Tennessee. He serves on the board of the Tennessee Justice Center and on the Tennessee Workers’ Compensation Advisory Council. He is also a Commissioner on the Tennessee Supreme Court’s Access to Justice Commission and on the Tennessee Education Lottery’s Advisory Council on Minority Business Participation. Ramos is regarded by many as an effective spokesman for Nashville’s Hispanic community and for his leadership role in combating anti-immigration efforts, such as successfully opposing the “English only” campaign to make English the official language of local government. Ramos received his BA and law degree from Arizona State University. Nashville Bar Association members may send Disclosure announcements via email to nikki.gray@nashvillebar.org Submissions are subject to editing.

WELCOME NEW NBA MEMBERS Meredith E. Edwards Bass, Berry & Sims PLC

Patrick M. Thomas Patrick M. Thomas Law Office

Nicole E. Lytle

Misty D. Welch

Alston A. Peek

Cynthia M. Wood Cynthia Wood, Attorney at Law

Theresa Scott Ashley E. Shields Tennessee Medical Association

* Belongs to a 100% Club firm

DIAL - A - LAWYER Dial-A-Lawyer is held the first Tuesday of each month. May Volunteers: Joe Rusnak Doug Pierce

Gina Crawley Tom Lawless

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 - June 2011

Classifieds

Office Space 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. Downtown Office condos for Lease or Sale. 500 to 2500 to 2500 sq. feet. 501 Union Street, 5th floor. Near Legislative Plaza. Call Lynne at (615) 259-1550. DOWNTOWN Law firm has office space to rent for two attorneys and assistants, if needed or option 2 attorney can sublease entire suit which will accommodate four to five attorneys and staff. Office is located in the Regions building downtown on the first floor with window view. Includes internet, all utilities, use of copy/fax/scanner, and postage machine. If interested, please e-mail rpnimmo@nimmolaw.com or contact Price Nimmo at 615-244-2244. DOWNTOWN Prime, A++ office space with two conference rooms for lease in the 5th 3rd Bank Tower, Downtown Nashville. State of the art copier, scanner, fax, high speed internet access, digital phone system and receptionist all provided. Receptionist provided to answer your phone line and greet your clients. $1,750.00 per month. Contact: John Agee @(615)256-5661 or (615)2187131 Metro Center Law office space sharing, furnished or unfurnished offices for 2 attorneys and two support staff, 2 conference rooms, kitchen, receptionist services, T-1 internet, free parking, copier, fax. Will lease together or separately, non-smoking. Call Gary 615321-0010.

Office Space hendersonville My colleague of 25 years is retiring. I am looking for a mature attorney to share office space, secretary/paralegal, phone, etc. Condominium is 1600 square feet on Indian Lake Blvd near The Villages of Indian Lake. First-class office designed for two attorneys with superior appointments and it is only 4 years old. Call Ron Buchanan 615-822-5700.

www.nashvillebar.org 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

Position available Legal Administrative Assistant Firm seeks legal administrative assistant. Applicant must have at least five years of litigation experience and strong references. Pay and benefits commensurate with experience and references. Applications confidential. Apply: lawappnash@gmail.com. Southern Environmental Law Center - Opening Nashville, TN Office SELC seeks to fill the initial position of managing attorney with a talented, multi-faceted lawyer with 7+ years experience. This is a rare opportunity to join one of the nation's most effective environmental organizations and lead a new office. Go to www.southernenvironment.org for more on our work, full position description, application information.

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.

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? Call NBA LRIS (615-242-9272) today to join the mediator panel.

Contact: Wendy Cozby, LRIS Coordinator (615) 242-9272 wendy.cozby@nashvillebar.org The NBA Lawyer Referral & Information Service is the Exclusive Referral Service for the Nashville Bar Association.

Nashville Bar Journal - June 2011

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Elder Law Practice of Timothy L. Takacs

My client’s problem isn’t paying for the care his Mom needs.

It’s finding it.

Long-term illness and disability raise tough questions for your clients. n n n n

How can we keep Mom in familiar surroundings for as long as possible? How do we find the services she needs, including the right nursing home when the time comes? What will we do if there are problems? How do we get the best care for Mom, spend her money wisely, and honor her wishes to leave a legacy for her family?

The Elder Law Practice of Timothy L. Takacs has the answers. As Tennessee’s most respected elder law firm, we do more than just help the elderly qualify for public benefits. We empower families to make the right decisions during every step of the long-term care journey. When your clients are facing long-term illness or disability, 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