Nashville Bar Journal | May 2011

Nashville Bar Journal MAY 2011 - VOL 11, NO. 4

SNYDER V. PHELPS

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Free Speech vs. Civility…

Did the Supreme Court Get It Right?

Rita Roberts-Turner

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Snyder v. Phelps Point v. Counter-Point

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GOLF TOURNAMENT REGISTRATION

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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

Free Speech vs. Civility…

Did the Supreme Court Get It Right?

PAGE 6

Rita Roberts-Turner

Snyder v. Phelps Point v. Counter-Point PAGE 8

May 17, 2011- 12:00 pm Ethics Committee Meeting May 17, 2011- 12:00 pm CLE Video May 19, 2011- 12:00 pm Government Committee Meeting May 26, 2011- 12:00 pm CLE Video May 26, 2011- 2:00 pm General Sessions Committee Meeting

FROM THE PRESIDENT The New Office is Open!!!

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Bob Mendes, MGLAW, PLLC

_______________________________________________ 4 Communiqué • It's Your Move! Capital Campaign Contributors • Lawyers for Littles • Ode to Otha • Tower Dedication • Golden Oldies _________________________________________________________ 10

May 30, 2011 NBA OFFICE CLOSED May 31, 2011- 12:00 pm LRIS Committee Meeting

June 9, 2011 NBA Golf Tournament @ Legends REGISTRATION ON PAGE 14 September 22, 2011 NBA Free Member Picnic @ Hall of Fame Park October 4, 2011 Sixth Annual Tennessee Supreme Court Historical Society Dinner @ Hilton Downtown November 5, 2011 NBF Fellows Dinner December 8, 2011 NBA Annual Meeting & Banquet @ Wildhorse

June 2, 2011 Arts Immersion June 4, 2011 Bill Ramsey's Ode to Otha Block Party

Tennessee Law Schools: Is ABA Accreditation Necessary Some Considerations for Potential Law Students

Everette Parrish _________________________________________________________ 12 Bill & Phil’s Gadget of the Month: Beach Toys For Memorial Day Bill Ramsey, Neal & Harwell, PLC Phillip Hampton, LogicForce Consulting _________________________________________________________

View Full Calendar online at www.nashvillebar.org

-Golden Oldies-

CLE Information - Center Section _________________________________________________________ 14 GOLF TOURNAMENT REGISTRATION _________________________________________________________ 15 Networking Nosh: Local Kitchen Catering (aka Tayst) _________________________________________________________ 16 Law Day Review _________________________________________________________ 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

The New Office is Open!!!

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 Henderson 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 315 Union Street Suite 800 Nashville, TN 37201-1401 615-242-9272 Fax 615-255-3026 www.nashvillebar.org

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Nashville Bar Journal - May 2011

On April 25, the Nashville Bar Association and the Nashville Bar Foundation moved into their new offices and CLE facility. The space is fantastic and will greatly enhance our ability to provide services for our members.

Please stop by and take a look around. We are on the 10th floor of One Nashville Place at 150 4th Avenue North.

I am most excited about the opportunities that the new office will provide.

For example, for the first time our CLE program will have its own on-site facility. This should provide a tremendous platform for growing our CLE program. Additionally, the Nashville Bar Foundation now will have its most visible presence yet. This should allow the Foundation to increase its important role of providing a vehicle for our profession's charitable contributions to the community.

There will be plenty of time in the months and years ahead to take advantage of the opportunities provided by the new office. For today, I want to thank the people involved in the process of getting us to our new space.

First, thanks to the last several years of Nashville Bar Association leadership.

This move grew out of strategic initiatives developed while Lela Hollabaugh was president of the NBA in 2007. Since then, the Association presidents (Scott Sims, Trey Harwell, and Jonathan Cole) and their boards have continued with the leadership necessary to move us from an abstract concept to a finished product. This carries on the finest tradition of the Association.

In late 2008, the general strategic initiative of "long term financial health" developed into our Facilities Committee. Most of the members of the Facilities Committee have been working for two and one half years to investigate possibilities, narrow options, and implement decisions. The group has gone above and beyond the call in getting this done. Thanks to Anne Arney, Bill Harbison, Pat Moskal, Neal McBrayer, Bill Ramsey, Tom Sherrard, Liz Tipping, and Phil Walker for all of your hard work.

By mid-2010, we started to pull together the group that would engage in the fundraising to make the move possible. Thanks to the Facilities Committee, the Young Lawyer's Division, the Nashville Bar Foundation, Tracy Shaw, and our capital campaign co-chairs, Aubrey Harwell and Trey Harwell.

Also, thanks to all of our Association members who have contributed to the campaign. A full list of participating members and firms is available online at http://www.nashvillebar.org/ItsYourMove-Contributions.html.

Finally, the biggest thanks of all should go to Gigi Woodruff, our Executive Director, and her entire staff. Gigi joined us in December 2007. By coincidence, this was shortly after the board had established the new set of strategic initiatives. Gigi learned quickly that the Association's lease was set to expire in just over 24 months, with no assurances of being able to stay in the same location. Gigi has been instrumental in guiding the process along for the good of the Association and its members. Gigi, please accept our deep thanks for your leadership.

2011 NBA BOARD OF DIRECTORS

While the Association is already scheduling meetings and CLE programs in the new space, we will be having two events to formally open the new office.

In June we will have our Donor Appreciation Night to thank all of the many firms and members that have helped make the new facility a reality. Then, later that month we will have an Open House for all members. 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 - May 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

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 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 Friends Gareth S. Aden Gail Vaughn Ashworth Lee Barfield Law Office of Bart Durham Tim L. Bowden Steve Cobb Jonathan Cole Lew Conner Dickinson Wright PLLC Jim Doran Frank Grace Mitch Grissim William L. Harbison 4

Nashville Bar Journal - May 2011

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. Thomas J. Sherrard Emily A. Shouse W. Scott Sims John Tarpley The Mediation Group of Tennessee, LLC Elizabeth Tipping Bob Walker Tom White 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 Patricia Head Moskal 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 Andrew W. Byrd Patrick Alexander Kimberly Allen Tina R. Ashford James L. Bass Richard Beeler Honorable Joe Binkley Susan W. Blair Zan Blue Robert Boston 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. Larry H. Hagar David B. Herbert Judge Bill Higgins Traci Hollandsworth Lynda F. Jones Mary Frances Lyle Andy Maloney Peggy D. Mathes Chancellor Carol L. McCoy W. Warner Mcneilly Jr. Malinda Moseley Rachel Z. Odom Marc Overlock Cynthia N. Sellers Culwell E. Ward M. Bernadette Welch Fellows Nikki Gray Judy Phillips Arun Rattan Helen S. Rogers Vicki Shoulders Martin Sir Paul R. White

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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Bowl a Strike for Big Brothers Big Sisters at "Lawyers for Littles" Event

Saturday June 4, 2011 @ 1711 Sweetbriar Avenue 2PM - 9PM - Bands begin at 3PM. Beer, Margaritas, Food & Live Music Clowns and Piñatas for the Kids

If you or your firm would be willing to form a team or to play on a team with other Bar members, please contact Tom Shumate at tom. shumate@kaygriffin.com or (615) 742-4800. You can learn more about the event at www.tnbowling.org, and you can register your team at that link under the “Lawyers for Littles” group.

The ceremony dedicating the observation towers at the Nashville Davidson County Courthouse in memory of former judge and district attorney, Thomas H. Shriver, was held on the Courthouse lawn on Thursday, April 21, 2011.

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Bill Ramsey’s Annual Ode to Otha Birthday Celebration

Big Brothers Big Sisters is hosting a bowling event for the legal profession, called "Lawyers for Littles," to raise money for the organization. The event will be May 17, 2011 at 5:30 p.m. at Nashville's Hillwood Strike and Spare, and will focus on attorneys, law firms, legal organizations, and legal vendors (but it is open to anyone). Five-person bowling teams will compete for the best bowling score, team name, costumes/bowling shirts, and, most importantly, to raise the most money for Big Brothers Big Sisters.

It promises to be a fun event and provides a great opportunity to network with colleagues while serving a great cause.

Thomas H. Shriver Towers Dedication

NBA NEWS n COMMITTEE INFORMATION

Bands include: Bashful Mountain Broadcasters Smoking Flowers Blue Mother Tupelo Sharde Thomas and the Rising Star Fife and Drum Band Stacy Mitchhart Dank Clementine And Special Guests Historical Trivia:

What is the oldest continuously practicing family law group in Nashville?

Answer: STOKES

-Golden Oldies-

Jim Creecy was the first to correctly identified the individuals in the April Golden Oldies photo.

Pictured are: Jim Hofstetter, Mike Franks, and John Allyn.

UPCOMING EVENTS: -------------------------------------------------------------Bill Ramsey's Ode to Otha Block Party June 4, 2011 -------------------------------------------------------------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 -------------------------------------------------------------NBA Fellows Dinner November 5, 2011 -------------------------------------------------------------NBA Annual Meeting & Banquet @ Wildhorse December 8, 2011 --------------------------------------------------------------

Nashville Bar Journal - May 2011

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FEATURE

Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and—as it did here—inflict great pain.”

Snyder v. Phelps

131S.Ct 1207, 1220 (2011)

Free Speech vs. Civility…

Did the Supreme Court Get It Right? by:

Rita Roberts-Turner

The U.S. Supreme Court hears and decides a limited number of cases each year. Most go unnoticed except by the lawyers and clients who are impacted by the Court’s rulings, legal scholars, and law school students who must parse the contents of each line and paragraph in hopes of understanding the holding. But a few like Roe v.

Wade,1 Miranda v. Arizona,2 and Brown v. Bd. of Education3 make a permanent impression on the landscape of social consciousness. The Court’s recent decision in Snyder might be one of those cases as an oft considered conservative panel ruled in favor of a church’s right to picket at a fallen U.S. soldier’s funeral.

The case made its way to the Supreme Court when Matthew Snyder, father of the slain soldier, discovered that Fred Phelps and members of the Westboro Baptist Church had carried signs with disparaging comments near his son’s funeral. Snyder subsequently sued Phelps, his daughter, and the church for intentional infliction of emotional distress, intrusion upon seclusion, civil conspiracy, publicity given to private life, and defamation. He proceeded to trial on the first three claims.

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Nashville Bar Journal - May 2011

After Snyder won a multi-million dollar jury verdict, Phelps appealed. The Fourth Circuit reversed the verdict on First Amendment grounds, which led to an appeal to the Supreme Court of the United States. The primary issue before the Supreme Court was whether the defendants’ “speech” was protected by the First Amendment and therefore insulated from state tort liability.

The picketing took place on public property approximately 1,000 feet from the church and in compliance with local police instructions. The picketers did not enter onto church property or the cemetery, but instead held signs, sang hymns, and recited Bible verses for about thirty minutes before the Plaintiff’s son’s funeral. There were no reports of violence.4 The Court’s decision turned on whether the content of the defendants’ speech was of “public or private concern.”5 The Court acknowledged that “restricting speech on purely private matters does not implicate the same constitutional concerns as limiting speech on matters of public interest.”6 It looked to its own line of cases to define speech dealing with matters of public concern as that which is “fairly considered as relating to any matter of political, social, or other concern to the community or is a subject of legitimate news interest; that is, a subject

of general interest and of value and concern to the public.”7 It is a test of “content, form, and context.”8 The Court adamantly held to the position that “[t]he inappropriate or controversial character of a statement is irrelevant to the question whether it deals with a matter of public concern.”9 In this case, the defendants held signs that read such things as “God Hates Fags,” “Priests Rape Boys,” and “America Is Doomed.” By the Court’s analysis, such “speech” is akin to social or political commentary on “the political and moral conduct of the United States and its citizens, the fate of our Nation, homosexuality in the military, and scandals involving the Catholic clergy….”10 The content was specifically about broad public issues. Nonetheless, Snyder challenged the context in which the speech was delivered.

Under the Plaintiff’s theory, the mere connection with his son’s funeral made the context of the Defendants’ speech a private matter aimed at the Plaintiff’s family. The Plaintiff contended the Defendants mounted a personal attack on his family that is not protected by the First Amendment. 11 The Court — while sympathetic to the Plaintiff and even going so far as to admit that “Westboro’s choice to convey its views in conjunction with Matthew Snyder’s funeral made the expression of those views particularly hurtful to many…The record makes clear that the applicable legal term—‘emotional distress’—fails to capture fully the anguish Westboro’s choice added to Mr. Snyder’s already incalculable grief,”12 — stood firm on the defendants’ First Amendment right to peaceably assemble about matters of public concern in a public place.

However, the Court made clear that the defendants were subject to reasonable time, place, and manner restrictions as “even protected speech is not equally permissible in all places and at all times.”13 According to the Court,

the defendants satisfied the requirements. The Court further opined that “[t]he record confirms that any distress occasioned by Westboro’s picketing turned on the content and viewpoint of the message conveyed, rather than any interference with the funeral itself. A group of parishioners standing at the very spot where Westboro stood, holding signs that said ‘God Bless America’ and ‘God Loves You’, would not have been subjected to liability. It was what Westboro said that exposed it to tort damages.”14 The Court was unwilling to dilute First Amendment principles and restrict speech “simply because it is upsetting or arouses contempt.” 15 Finally, the Plaintiff argued that the Defendants should not escape liability for the Maryland state law claim of intrusion of seclusion insofar as the Plaintiff was an unwilling listener, unable to avoid the Defendants’ speech. The Court declined to expand the captive audience doctrine beyond those circumstances previously recognized such as instances where offensive and unsolicited mail is delivered to an individual’s home or picketing “before or about” a private residence occurs. 16 In a 9 to 1 decision, the Court came down in favor of the defendants, ruling that even hurtful speech “on public issues” must be afforded First Amendment protection “to ensure that we do not stifle public debate.”17 Justice Alito’s dissenting opinion was not so academic, as he reasoned that “[o]ur profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case.”18 In his critique of the decision, he wrote, “[t]he Court now holds that the First Amendment protected respondents’ right to brutalize Mr. Snyder.”19 Justice Alito reminded the Court that speech can inflict injury when it is so outrageous that it goes beyond all bounds of decency to the

point that a reasonable person would not be able to bare it.20 “When grave injury is intentionally inflicted by means of attack like the one at issue here, the First Amendment should not interfere with recovery.” 21 Driven by a sense of civility versus a strict reading of the First Amendment, the dissent argues that the defendants’ speech was at a minimum defamatory and a personal attack on Matthew Snyder whether direct or indirect. Unlike the majority’s opinion that the defendants’ signs displayed issues of general public concern, the dissent explained that one could reasonably believe that the deceased soldier was a homosexual and that the signs referenced God’s judgment specifically upon him.22 The defendants even proceeded to post an online message to the plaintiff and his family after the funeral declaring that they raised their son for evil. 23 In Justice Alito’s view, a verbal assault, whether in a public or private arena, should not be afforded First Amendment protection.24 He took particular note of the fact that the picketing was deliberately staged near the site of the soldier’s funeral. As he took both the Fourth Circuit and his Supreme Court colleagues to task, he insisted that in such environments “special protection against emotional assaults is in order.” 25 Respondents’ outrageous conduct caused petitioner great injury, and the Court now compounds that injury by depriving petitioner of a judgment that acknowledges the wrong he suffered.

In order to have a society in which public issues can be openly and vigorously debated, it is not necessary to allow the brutalization of innocent victims like petitioner. I therefore respectfully dissent.26 Continued on Page 14 

Nashville Bar Journal - May 2011

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Snyder v. Phelps

POINT If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.

– George Washington The popular press has chosen to concentrate their coverage on the hurtful aspect of the speech at issue in Snyder – probably because we have reached the point where the popular press seems to concentrate on the outrageous at the expense of the newsworthy (a segment that never seems to lack for advertising dollars or viewership).

What lays hidden in such situations is the subtlety of the underlying tension between expression and repression that requires us to balance a single individual's ability to silence speech (even speech that inflicts an individual injury) over our collective rights, guaranteed by the First Amendment, that our government "shall make no law … abridging the freedom of speech." In establishing that collective right to freedom of speech, the founding fathers knew full well that the difference between treason and patriotism was largely in the ear of the listener. In creating the First Amendment they were adamant that all voices be heard so that all choices could be considered. In balancing the individual's claim over the collective right, the Court (in Snyder and a series of related cases) has wisely decided that the speech at issue is more than just self-expression; it is the very essence of self-government.

From a legal perspective, Synder is merely concerned with whether the First Amendment can serve as a defense to state tort claims (including the intentional infliction of emotional distress and intrusion into privacy) – effectively insulating a speaker from the claims of personal distress of any individual who happens to be within earshot. To enforce a tort claim as a method of abridging such right, especially where there are obvious public issues at stake, is to narrow the right to such a fine distinction of facts as to render the right useless (and subject to whims of the most sensitive judge, juror, and public official).

From a societal perspective however, Snyder concerns the emotions closest to our hearts – the loss of a child and a soldier. And perhaps that is what bothers us most in Snyder. The speakers in Snyder exploited that tragic loss to gain access to an audience they might otherwise have been denied. As a father, no words of comfort come to me to ease the sting of their speech for the father or for the family over such a loss. Perhaps the only consolation must come from the majority opinion in Snyder, itself: Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and – as it did here – inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a Nation we have chosen a different course – to protect even hurtful speech on public issues to ensure that we do not stifle public debate.

Was the speech at issue hurtful? Yes. Was the speech at issue intended to be hurtful? Yes. Was the speech at issue designed to be delivered at the time and place where it would be most hurtful?

Yes. But what is at issue in Synder is not just the content of the message – it is about the right each of us is guaranteed by the First Amendment to have access to a public forum on public issues for a peaceful display of a minority (even if outrageous) opinion. Abridging that right comes at such peril that the Court chose perhaps the unpopular, but the right, course in supporting Westboro's rights of expression - a course that assures one of the basic freedoms for which the lost soldier at the center of this controversy fought and died.

In a democracy, we must have dissent … and in the process we will necessarily have disparate and sometimes even hateful speech. It is part of our Constitutional heritage and our cultural legacy. We must force ourselves to listen to all voices – then each of us can make our own informed decision as to which voice to follow. Will individuals be injured in the process – yes. Is the open marketplace for ideas ripe for exploitive interests – yes. But is the right, itself, precious enough for us to abide those who we hate in order to encourage those who we need – yes. For there can be no dialog on important issues if we are all forced to speak with only one voice (and thereby tacitly silence the voice of all others in opposition). 

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Nashville Bar Journal - May 2011

COUNTER-POINT

Snyder v. Phelps

“People hardly ever make use of the freedom they have, for example, freedom of thought; instead they demand freedom of speech as a compensation.” – Søren Kierkegaard In our core as human beings, we have to sense when something just isn’t right. The victor in this case lives to hate others so as to desecrate a solemn funeral for political gain, and surely the sensibilities of Everyman decry that what Phelps did to Snyder just wasn’t right.

Fred Phelps, founder of the Westboro hate-cult, did not personally know the Snyders, but specifically planned well in advance of his demonstrations to craft every word upon every poster for the purpose of publicizing his position at a private military funeral. Phelps prevailed in his objective only because the Supreme Court majority decided that in this one narrow instance, based upon these given facts, Phelps’s speech was deemed of a public nature, not a private one. Had it been found to be private, then a determination as to the “outrageousness” of the events would have dissolved the cover of free speech and left Phelps open to the earlier-decided multi-million dollar jury verdict for intentional infliction of emotional distress.

Phelps enjoys freedom of speech, as do we all. He proudly provides this speech twenty-four hours a day, seven days a week on his websites, godhatesfags.com, priestsrapeboys.com, and others. He also marches and protests in public places according to the laws of each locale. Why, then, can’t he simply be respectful and decent to a fellow human being, and in the process do his precious “speech” when it is not attached to a private party’s solemn funeral?

The answer is the word, attraction.

Deep-sea fishermen chum for shark with blood and guts to attract their prize. There is no difference here in plot and tactics. It would garner little attention if a public speech in just any public place just anywhere were made by a small clan of protesters displaying hateful words on posters. No, something savory is required to attract the prize. And what is the prize? It’s the media, and it’s the eyeballs of individuals.

The press release Phelps issues before each public spectacle timed to intentionally offend a private event is the savory bucket of enticement. Media pick up on this scent readily and prepare their recording machines to capture the eyeballs, for eyeballs equal dollars, and dollars are the media’s own prize. We control our eyeballs; we can open them, close them, avert them. We are the public. The goal in Phelps’s vision is grand public exposure through maximum attractiveness via private solemnity and mourning, else he has no prize or, at best, merely a minnow or two to show for a day’s catch.

His desire is to be irresistibly alluring to his intended catch, the media, and this obsession is so great that one private party’s suffering is now adjudged so miniscule by the highest court that he may now continue his harvest with bigger and bigger buckets of far stinkier bait. Can anything be done to stop this feeding frenzy?

Why certainly – the media can stop taking the bait, quit giving the airtime. But they are attracted to the eyeballs. Well, we, the eyeballs, could close and refuse to watch. We, the subscribers could cancel cable subscriptions that offer such trash. We, the people, have freedom of speech and may simply refuse to open our eyes, ears, and wallets, which would certainly communicate a most unsettling message of our own to the media. If we but had this resoluteness of character to do the right thing as Phelps never had; if we would only let the media know that we value the honor of military service and dignity of solemn burials over tasteless demonstrations; if we could but communicate to the media that we respect the privacy of mourning family members far too much to ever buy into the attractiveness of a feeding frenzy, what good we could each do for our fellow man.

If we were, in fact, truly this virtuous to our core, then there would be no takers of the nightly soundbite. Fred Phelps could then no longer intrude upon the decency of civil folk who cherish good things and abhor bad ones. Then, one day, Phelps would experience a fate far worse than death in today’s free-market – the fate of anonymity, mediocrity and irrelevance. If he never gets there, it will be because you, with the power of the eyelid, refused to ignore the attraction of the lure and swallowed his filth – hook, line and sinker.  Nashville Bar Journal - May 2011

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FEATURE

Tennessee Law Schools: Is ABA Accreditation Necessary Some Considerations for Potential Law Students by:

Everette Parrish Journals such as the Nashville Bar Journal seek to equip, inform, and challenge its members with information that educates and often impresses with its insight and impact in shaping and redirecting legal thought. With apologies to the intelligencia of the Bar, the following information is admittedly rudimentary, and though not lofty in thought, it may serve a select portion of this Bar’s membership and certainly will assist soon-to-be new members in clearing up some misconceptions about non-American Bar Association (“ABA”) schools in Tennessee within our three Grand Divisions.

ABA approval for a law school is a critical factor in helping a new student select a law school to attend.

The resulting decision is not a good/bad or right/ wrong one, but is borne out of options that then help build varying careers and lives. Whether or not to attend an ABA-approved school or one which is only approved by the state supreme court is a question not only affecting a new lawyer’s future, but clearly the future of any brand new enterprise such as Belmont University’s and Lincoln Memorial University’s emerging law schools.

The ABA certifies and approves certain law schools meeting stringent criteria. These institutions then

enjoy common and fairly consistent benefits throughout the nation in every jurisdiction according to each state’s laws including the District of Columbia and five territories.1 Law schools which do not meet ABA standards, for one reason or another, may receive approval from the state’s Supreme Court in which that school resides. The approval in both situations confers rights to the graduated student to sit for that particular state’s bar exam and, upon meeting all of the qualifications of that sovereign’s authorized law examiners, a license to practice in that state, district, or territory is granted without reservation for use only within that specific locale. Such is the case for Tennessee’s Nashville School of Law2 founded in 1911, Lincoln Memorial University’s Duncan School of Law3 in Knoxville as of March 2009, and prospectively Nashville’s Belmont University College of Law4 slated to begin with its first freshman class in the fall of 2011. Each of these schools has sufficiently met Tennessee’s State Supreme Court requirements as a non-ABA school, fully able to confer a Doctorate of Jurisprudence (J.D.) to students who may then sit for the Bar in Tennessee upon matriculation.

Continued on Page 18 

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Nashville Bar Journal - May 2011

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

BEACH TOYS FOR MEMORIAL DAY We don’t know about you folks, but Bill and Phil like to go to the beach. But when we go to the beach, we still want our gadgets.

We have amassed a small sample of the gadgets we take to the beach (we both carry large beach bags), and we wanted to share them with you. Here is a list of items for the well-equipped “techno-beach bum.”

1. The Solar eCharger (www.wagan.com) Have you ever been at the beach drinking a Goombay Smash and enjoying your favorite jams, only to have the battery on your MP3 player die? Here’s your solution. You can carry a Solar eCharger that is about the size of an ipad and use it to recharge your phone. Then you can keep on jamming without an extension cord back to your beach house. Very cool and very green!

2. The True Type keyboard (www.sealshield.com) If you are like us, there are times when you need a full size keyboard at the beach. The problem is that water and sand don’t play well with computer keyboards. This keyboard is different though. You can actually immerse the keyboard under water and keep typing. It also works well for those who have the bad habit of spilling their coffee on keyboards. Believe it or not, the True Type keyboard is totally liquid resistant (unless the liquid is hydrochloric acid).

They even make a new waterproof wireless model for the ipad.

3. DiCAPac (www.dicapac.com) Did you ever watch Sea Hunt? Did you ever wish you could be Lloyd Bridges and take movies or pictures underwater? DiCAPac makes waterproof cases for almost any digital camera. The cases keep your camera totally dry and allow you to take high quality digital photographs under water. As you know, often times very attractive and photogenic scenery is found at the beach -- in and out of water. These cases allow you to take those pictures and keep your camera dry and safe.

4. Bactrack Breathalyzer (www.bactrack.com) If you have enjoyed one Goombay Smash too many on the beach, you can check your blood alcohol level using the same breathalyzer that the police use. If you are over the legal limit, then don’t drive.

If you are under the legal limit and an officer pulls you over, you can tell the officer: “Don’t worry. I have already checked my blood alcohol level using the same equipment as you have, and I am under the legal limit, so there is no need to give me a field 12

Nashville Bar Journal - May 2011

sobriety test.” Yet another example of how the appropriate gadget can make your life hassle free.

5. Jawbone Jambox (www.jawbone.com) We always need our “jams” while we are on the beach. There is nothing like cool jams, hot sun, cool ocean, and cold beverages to make your Memorial Day vacation “ultra groovy” (or in modern texting slang “1DURFUL”). The Jawbone Jambox is a small speaker that is amazingly loud. It does not need AC power. You can play your songs on it wirelessly using Bluetooth. It is a bit expensive ($200), but once you hear it you will think it is worth it, especially when you are boogying down at the beach.

6. nPower PEG (www.npowerpeg.com) If you like listening to music while walking or running on the beach, this is the gadget for you. We have no idea how this gadget works, but it uses the energy you generate while you are walking, running, or biking. You simply carry your nPower Peg with you in your backpack or even your pocket as you go about your daily activities. In an emergency, you can simply shake it to generate enough energy to make a phone call. Like the Jawbone Jambox it is a little pricey ($159), but it is cheaper than 30 gallons of gasoline, and it is green and renewable energy.

7. TV Hat (www.buytvhatnow.com) According to TV Hat, this is the next revolution in video viewing. You will have to see it to believe it! It gives you a personal, private, discreet, home theatre experience for a mere $29.95. At a minimum you will get plenty of entertainment out of the pictures of it on the website.

8. iBottle Opener (www.thinkgeek.com) (ibottleopener.com) No Bill and Phil gadget list would be complete without an entry from thinkgeek.com. This is the perfect beach item. As you know, we would never be caught anywhere, not even on the beach, without a smartphone, an ipod or some other portable electronic device.

The iBottle Opener is a phone case that doubles as a bottle opener so you can open a bottle of your favorite soft drink (or other herbal beverage) with your phone case. As thinkgeek puts it “sure, you may have a bottle opener on your keychain, or even one attached to your favorite T-shirt, but why have an extra item in your inventory when you can streamline by attaching your bottle opener to something that is permanently attached to your person?” Thus, the iBottle Opener. See you at the beach, Bill & Phil

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) 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 - May 2011

13

Free Speech vs. Civility…Did the Supreme Court Get It Right? Continued from page 7

Although not apologetic about the majority’s opinion, in his concurring opinion Justice Breyer does attempt to go the extra mile to explain and rationalize the ruling. He makes it clear that he believes the decision is specific to the facts presented in the present case, where the picketing could not be seen or heard from the funeral ceremony and was conducted in a public place in accordance with the law.27 He reaffirms the right of a State to regulate picketing and denounces any suggestion that the Court’s ruling be interpreted any more broadly. Time, however, will no doubt be the true test of how this case and the First Amendment evolve. n

21

Id.

410 U.S.113 (1973).

22

Id. at 1225.

384 U.S. 436 (1966).

23

Id. at 1225-26.

349 U.S. 294 (1955).

24

Id. at 1226.

Snyder, 131 S.Ct. at 1213.

25

Id. at 1227.

Id. at 1215.

26

Id. at 1229.

Id.

27

Id. at 1221 (Breyer, J., concurring).

(Endnotes) 1 2 3 4 5 6

Id. at 1216 (internal citations omitted).

7

Id.

8

Id. (internal citations omitted).

9

Id. at 1217.

10

Id.

11

Id. at 1217-18.

12

Id. at 1218 (internal citations omitted).

13

Id. at 1219.

14

Id.

15

Rita Roberts-Turner is the Human Resources Director for the Metropolitan Government and a former attorney with the Metropolitan Department of Law. She serves on the Minority Opportunities Committee of the Nashville Bar Association and is the 2011 Vice President of the Napier Looby Bar Foundation.

Id. at 1220 (citing Rowan v. Post Office Dept., 397 U.S. 728, 736-38 (1970); Frisby v. Schultz, 487 U.S. 474, 484-85 (1988).

16

Id. at 1220.

17

Id. at 1222 (Alito, J., dissenting).

18

Id.

19

Id. at 1223.

20

Nashville Bar Association 2011 Golf Tournament

---------------------------------------------------------------------Event Date: Location: Times:

Thursday, June 9, 2011 Vanderbilt Legends Club in Franklin, TN 12:00 pm - Lunch/Range Balls Available 1:30 pm - Shotgun Start

---------------------------------------------------------------------There will be team prizes and individual contests (longest drive, longest putt, etc.)

---------------------------------------------------------------------Principal Player Information:

NASHVILLE BAR ASSOCIATION

Thursday, June 9, 2011 Vanderbilt Legends Club in Franklin, TN

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Nashville Bar Journal - May 2011

greens fee, cart, lunch, snacks, beverages and range fees)

NBA Members on or before June 2: $140.00* Non-NBA members on or before June 2: $160.00* * A late fee of $20 will be assessed after June 2.

----------------------------Send check to: Nashville Bar Association 150 4th Ave., N., Suite 1050 Nashville, TN 37219

--- or ---

Register Online at www.nashvillebar.org

Name: BPR#

Entry Fees: (Price includes

--- or ---

Phone:

Fax to: 615.255.3026 Phone in: 615.242.9272

Email:

Card Type:

FOURSOME:

Visa MasterCard Discover

1.

Handicap

2.

Handicap

3.

Handicap

4.

Handicap If you have any questions about the tournament, please contact Traci Hollandsworth in the NBA office at 242-9272 or traci.hollandsworth@nashvillebar.org.

Credit Card Number:

Exp Date:

Signature:

The Networking Nosh Local Kitchen Catering (aka Tayst) 2100 21st Avenue South Nashville, TN 37212 (615) 383-1953

3 Panel Nosh Verdict for:

Are you tired of the same old sandwich platter at every lunch meeting? Try trading in those standard chain restaurant sandwiches for a little fine dining for about the same price. Seriously!

Chef and owner, Jeremy Barlow, who earned his chef’s coat at Culinary Institute of America and then honed the craft at Blackberry Farm, has brought his delicious and whimsy-inspired dishes to your conference room.

Barlow has branched out to bring his restaurant to you with the launch of Local Kitchen Catering. They are extremely flexible, perhaps too much so for some customers who find Barlow’s “the sky’s the limit” attitude overwhelming, and will work with you to come up with a menu that meets both your palate and price point. You have a pared down boxed lunch or a full sterno and chaffing dish set-up. Delivery or pick up? It’s up to you!

For around $10 per person, we enjoyed a choice of sandwich – house cured and glazed bourbon ham or chicken salad (poached chicken, pumpkin seeds,

Local Kitchen Catering

celery, peppers, and arugula) served on toasted brioche with fresh fall greens and a goat cheese garlic spread; two sides – roasted sweet potato salad adorned with pumpkin seeds, sage, and smoked hot peppers and pickled butternut squash; and a desert – a spicy and moist gingerbread.

Everyone loved the fact that Local Kitchen Catering, like tāyst, utilizes small local farms that grow without pesticides and fertilizers and minimizes waste through recycling and composting (our lunches were served with 100% recyclable, re-usable and/or compostable containers and utensils). Our mix of diners were not, however, 100% enthralled with the food with diners either loving it or hating it. Those that loved it found the food incredibly fresh and the combinations flavorful.

Others found the use of garlic on the sandwich and the oil in the butternut squash salad to be a little heavy-handed. The lesson we took was to be aware of how open your lunch guests are to new flavors or combinations and order accordingly.n

Food pp Service pp Atmosphere/Experience pp Networking Factor ppp Overall pp

Scoring:

No Comment O (nolo contendere) Acceptable p (1 star) Good pp (2 stars) Very Good ppp (3 stars) Excellent pppp (4 stars) Outstanding ppppp (5 stars)

NBJ Nosh Panel Judges: Nanette Gould, Attorney at Law Nikki Gray, Nashville Bar Association Tracy Kane, Dodson, Parker, Behm & Capparella, PC Nikylan Knapper, Legal Aid Society of Middle Tennessee & The Cumberlands

Bill Ramsey, Neal & Harwell PLC Continued on Page 15  DarKenya Waller, Legal Aid Society of Middle Tennessee & The Cumberlands Ellie Wetzel, Davidson County Criminal Court Clerk David Winters, Winters Patent Law

SUGGESTIONS? Please send recommendations for review locations to tkane@dodsonparker.com

Nashville Bar Journal - May 2011

15

NASHVILLE BAR ASSOCIATION

LAW DAY 2011

Over 350 attorneys gathered at the Downtown Renaissance Hotel on April 21 to celebrate Law Day. Judge Randy Kennedy who served as the Master of Ceremonies, welcomed the attendees and provided introductory remarks about this year’s Law Day theme, “The Legacy of John Adams: from Boston to Guantanamo.” Judge Kennedy thanked SunTrust Bank who sponsored this special event designed to recognize and celebrate the positive actions and contributions of many good people in the Nashville legal community.

Such recognition began with Lucinda Smith, Director of the Nashville Pro Bono Program, who noted that in 2010 the NPBP was able to connect 805 lawyers with clients in search of dignity, justice and opportunity in 2443 cases.

To thank the volunteer lawyers who give their time, she quoted a client helped by attorney Charles McCandless stating “I was overwhelmed and Mr. McCandless went out of his way to help. I am filled with gratitude for your help . . .. Diligent faith and persuasive truth has always balanced the scales of justice.” Then Gary Housepian, Legal Aid Society Executive Director, thanked all those who participated so far in the Campaign for Equal Justice. As of Law Day, approximately $550,000 had been pledged/given out of a campaign goal of $720,000, including the contributions of 34 Leadership Cabinet firms (those giving $400 per attorney). Housepian also shared inspiring stories of how clients have been helped because of the generosity of donors and pro bono lawyers.

Matthew Kroplin & Andrew Ross, Co-Chairs of the Young Lawyers Division Law Week Committee, then turned the focus to our youth, presenting awards to this year’s YLD Art & Essay winners. The elementary art awards were presented to: Meera Wadher, 4th Grade, Stanford Montessori (First Place), Levi Rhoten, 4th Grade, Lockeland Elementary (Second Place), and Katie Taylor, 4th Grade, Julia Green Elementary (Third Place). The middle school art awards were presented to: Sydney Clendening (First Place), Arly Benitez (Second Place), and Jamen Rollins (Third Place), all of whom are 6th grade students at Croft Middle School. This year’s high school essay awards were presented to: Anna Abbot, 11th Grade, Nashville Christian School (First Place), Johnson Luma, 12th Grade, Stanford Montessori (Second Place), and Catherine Jones, 16

Nashville Bar Journal - May 2011

April 21, 2011 Downtown Renaissance Hotel

LAW DAY: 2009

12th Grade, Nashville Christian School (Third Place).

In addition to the art and essay contests, the YLD organized classroom visits (elementary, middle, and high school) where young lawyers spoke to students about Law Day and the legal profession in general. LexisNexis was the competition’s sole sponsor, and its contribution allowed the YLD to present cash awards to the contest winners.

Nanette Green, Chair of the Minorities Opportunity Committee, then presented the Minority Opportunities Awards.

These awards are part of the Nashville Bar Association’s Minority Opportunities Program and were created in 1994, to honor those law firms and organizations that have demonstrated a continued commitment to enhancing diversity and access to professional success. Elements of the program include hiring minority summer clerks and high school interns through the NBA programs, hiring minority lawyers, and developing joint ventures or making referrals to minority lawyers. The program includes three levels of recognition, depending on the level of participation: Leadership Award, Sponsorship Award, and Participant Award. Small presented the following awards on behalf of the Minority Opportunities Committee: Leadership Awards—Baker Donelson Bearman Caldwell & Berkowitz, PC; Bass Berry & Sims, PLC; Office of the Tennessee Attorney General; Miller & Martin, PLLC; and Waller Lansden Dortch & Davis, LLP; Sponsorship Awards— Bone McAllester Norton, PLLC; Nashville Electric Service; Office of the District Attorney General; Sherard & Roe, PLC, Participant Awards— Burr & Forman, LLP; Cornelius & Collins, LLP; Howell & Fisher, PLLC; and MGLAW, PLLC. NBA President Robert Mendes then introduced the keynote speaker, Philip Langford, Director of Operations, Africa for International Justice Mission. IJM is a human rights agency that secures justice for victims of slavery, sexual exploitation and other forms of violent oppression. IJM lawyers, investigators and aftercare professionals work with local governments to ensure victim rescue, to prosecute perpetrators and to strengthen public justice systems.

Mr. Langford delivered a very powerful speech about the very important role that attorneys play in providing justice worldwide and shared some inspiring stories of justice from around the world.

The Norman Award was presented to Rich McGee, by his son Kevin McGee. Initiated in 1996, the Jack Norman Award is named for the legendary Nashville defense lawyer, and is presented upon the recommendation of the Criminal Law & Criminal Justice Committee and at the discretion of the NBA Board to criminal law practitioners who, like Jack Norman himself, demonstrate respect for the rights of all individuals in the criminal justice system, exhibit trial advocacy skills and judicial skills necessary to the pursuit of justice, demonstrate an abiding respect for the law and legal profession, maintain the highest standards of professional integrity and ethical conduct, and contribute to the improvement of the legal profession and the criminal justice system, including uncompensated or under-compensated representation of the accused.

U.S. Attorney Jerry Martin presented the Liberty Bell Award to Judge William J. Haynes, Jr. The Liberty Bell Award is given to an individual or group that has promoted better understanding of the rule of law, encouraged greater respect for law and the courts, stimulated a sense of civic responsibility, or contributed to good government. n Photographs from this year’s Law Day are available on the Nashville Bar Association’s website, www.nashvillebar.org.

Nashville Bar Journal - May 2011

17

Tennessee Law Schools: Is ABA Accreditation Necessary - Some Considerations for Potential Law Students Continued from page 7

Only the Nashville School of Law has the objective to operate just as it has for a century now, as a non-ABA law school5. The other two new institutions have as their well-planned intentions to be nothing less than fully ABAapproved in due course. According to Adele Anderson, Executive Director of the Tennessee Board of Law Examiners6, Duncan and Belmont both have met early and often with her governing entity and with ABA officials to guide each school’s directors in what each anticipates to be fully-compliant and expedient approval as an ABA law school.

There is no “pre-certainty” for any new, emerging school to be guaranteed ABA approval, for each must be provisionally qualified first by the state and then by the ABA as they seek that seminal grand and glorious cadre of initial graduates, ready to take their first bar exam. Upon ABA-approval, all earlier graduates then get to enjoy the full benefit of certification and are deemed retroactively to have attended and graduated from an ABA-approved law school.7 The above-mentioned non-ABA schools are presently operating under the authority of Tennessee Supreme Court Rule 7, Article II § 2.03. Tennessee’s other law schools are ABA-approved under Tennessee Supreme Court Rule 7, Article II § 2.02 (listed geographically from east to west) 1. College of Law at The University of Tennessee in Knoxville;8 2. Vanderbilt University Law School;9 and 3. Cecil B. Humphreys School of Law at The University of Memphis.10

18

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It is anticipated, then, that in the next few years, Tennessee will be able to proudly lay claim to five ABA-approved schools and one non ABA-approved school.

For attorneys licensed in Tennessee who intend to be licensed in other states, each must read and follow that state’s requirements. The National Conference of Bar Examiners and American Bar Association Section of Legal Education and Admissions to the Bar have provided an excellent resource outlining all of these requirements in their “Comprehensive Guide to Bar Admission Requirements 2011.”11 Attorneys with a J.D. from an ABA school need only read a particular state’s highest court rules or legislative statutes governing such and comply with each requirement to be licensed to practice law in that state.12 Admission may be achieved by taking yet another bar exam or under conditions known as “reciprocity” or “comity.” Fees are always required as well, from $350.00 to $2,000.00, depending on the state.13 “Reciprocity” and “Comity” are not the same thing.

“Reciprocity” is a symmetrical, bilateral agreement between states assuring that if one state allows the other state’s licensed attorney to be admitted and licensed to practice law, then that other state will likewise reciprocate admittance and licensure under the same conditions without any further restrictions. Tennessee does not have any reciprocal agreements with any other state at present.

What Tennessee does offer attorneys from other states wanting to be licensed in Tennessee is known as “Comity.”14 Under this concept, admission may be allowed without taking the bar examination if several requirements are met, the most significant being a J.D. from an ABA-approved school and a require-

ment that the candidate must have practiced law for five out of seven years in another state.15 Non-ABA graduates enjoy the same opportunities to be licensed in other states, although the options are restricted. Certain states will simply not allow non-ABA graduates from other states to be admitted in their states, while others will have various conditions under which admission may be allowed.16 A non-ABA graduate from another state is ineligible to be admitted as a licensed Tennessee attorney by comity, and they are not able to sit for the Tennessee Bar Exam. They are not precluded from in-house counsel opportunities, federal positions, and several other narrow areas of law practice here in Tennessee.17.

For in-house counsel licensed in Tennessee but working in other states, there are usually less restrictive state regulations, specifically addressing the special relationship between in-house counsel and employer. Generally, corporate attorneys are allowed to practice law for their companies but cannot appear before any court short of traditional pro hac vice procedures.18 Certain federal districts do not require in-state admission, so a federal practice may be an option in certain areas of the country for ABA and non-ABA graduates alike.19 Some federal jobs requiring licensed attorneys allow only ABA graduates, but most simply require a J.D. and a license from any state.20 The same applies for commercial job openings as in-house counsel and law firms.

Of course, competition will be everpresent in any desired job position, and job-seekers demonstrating exceptional performance in all undergraduate and graduate work along with past employment and leadership qualities will clearly have an advantage.

Other articles may address the present job market or inventory of employable attorneys, but it is certainly a bright prospect for Tennessee that what is already good about Tennessee’s present ability to equip and train our Bar is only getting better. n

(Endnotes) 1

Comprehensive Guide to Bar Admission Requirements 2011, http://www.ncbex.org/ uploads/user_docrepos/2011_CompGuide_03.pdf at 1, Chart 1.

See generally Nashville School of Law, http://www.nashvilleschooloflaw.net.

See generally Duncan School of Law – Lincoln Memorial University, http://www.lmunet. edu/law.

See generally Belmont University College of Law, http://www.belmont.edu/law.

See generally Nashville School of Law : About the School : Accreditation, http://nashvilleschooloflaw.net/?page_id=6.

See generally Tennessee Board of Law Examiners, http://www.tennessee.gov/lawexaminers.

See generally Accreditation: Section of Legal Education and Admissions to the Bar, http:// www.americanbar.org/groups/legal_education/resources/accreditation.html.

See generally UT Knoxville-College of Law, http://www.law.utk.edu.

2 3

4 5

Everette Parrish (attorney@law4tn. com) is a member of the editorial committee of the Nashville Bar Journal and a private attorney serving Davidson and Williamson counties in family, juvenile and criminal matters along with areas of government contracting and entertainment law.

6

7

8

See generally Vanderbilt University Law School, http://law.vanderbilt.edu/index.aspx.

9

See generally Cecil C. Humphreys School of Law, http://www.memphis.edu/law/index. php.

See generally Comprehensive Guide to Bar Admission Requirements 2011, http://www. ncbex.org/uploads/user_docrepos/2011_CompGuide_03.pdf.

See id. at 2 for several state distinctions.

See Id. at 26, Chart 7 for a comprehensive list of state fees.

See generally Tennessee Board of Law Examiners : Comity Instructions, http://www.state. tn.us/lawexaminers/HowToApply.htm#comity.

See Tennessee’s Minimum Requirement for Admission of Persons Admitted in Other Jurisdictions (“Comity”), Tenn. Sup. Ct. R. 7, Art. V § 5.01.

See generally Comprehensive Guide to Bar Admission Requirements 2011, Chart 10: Admission on Motion, http://www.ncbex.org/uploads/user_docrepos/2011_CompGuide_03. pdf at 35. retrieved April 6, 2011 (provides excellent matrix showing criteria necessary to be admitted in each state). States indicated in the chart as well as other states via examination that may allow non-ABA-approved law school degrees as a condition of admission include AR, CT, DC, GA, IN, IA, ME, MA, NV, NH, OR, TX, VT, WA, WV, and WI. Rigorously review a state’s particular Supreme Court Rules and statutes, and call that state’s law examiner’s office before pursuing licensing in another state if you are a non-ABA graduate, for these rules can change at any time.

See generally Tenn. Sup. Ct. R. 7, Art. X.

Id. at § 10.01 (concerning Tennessee’s in-house counsel requirements for out-of-state attorneys).

See generally M.D.TN Loc. R. 83.01. (An attorney being admitted to practice before the United States District Court Middle District of Tennessee must also be a licensed Tennessee attorney. The exceptions apply only to federal prosecutors and public defenders.)

See USAJOBS - The Federal Government's Official Jobs Site, http://www.usajobs.com for a list of up-to-date federal job openings as well as several government agencies’ individual websites (i.e., Social Security Administration, http://www.ssa.gov; Office of the United States Attorney, http://www.justice.gov/oarm/attvacancies.html; and many others.)

10

11

12 13 14

15

16

17 18

19

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19

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

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Nashville Bar Journal - May 2011

21

Disclosure William M. Outhier has been named a member of the law firm Riley Warnock & Jacobson, PLC. Outhier focuses his practice on commercial litigation, health care and election law. He was previously Managing Director with Carmen Group, Inc., a government relations firm located in Washington, D.C. Prior to his work with Carmen Group, he spent six years working in the United States Congress, most recently serving as Republican Chief Counsel for the U. S. Senate Committee on Governmental Affairs.

Outhier received his Doctor of Jurisprudence from the Vanderbilt University School of Law and graduated from the University of Tennessee in 1989 with a B.A. in the College Scholars program, where he was named Phi Beta Kappa.

Trey McGee has been named a member of the law firm Riley Warnock & Jacobson, PLC. McGee focuses his practice on complex business and commercial litigation and advisory work. Prior to joining Riley Warnock & Jacobson, Mr. McGee was an associate at Cravath, Swaine & Moore LLP in New York, where he concentrated on corporate transactional work, including representing public and private corporations and investment banks in debt and equity securities offerings and mergers and acquisitions.

McGee graduated from the University of Texas School of Law in 2002. McGee graduated from Baylor University in 1998 with a B.B.A. in Accounting.

Jim Bowen has been named a member of the law firm Riley Warnock & Jacobson, PLC. Bowen focuses his practice on complex business and commercial litigation and advisory work, including cases involving mergers and acquisitions, securities, healthcare, banking and other commercial matters. He graduated from Columbia Law School in New York 22

Nashville Bar Journal - May 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

in 2002, where he was a James Kent and Harlan Fiske Stone Scholar. He graduated with distinction from the University of Virginia in 1998 with a B.A. in history, where he was Phi Beta Kappa. Previously he was an associate at Cravath, Swaine & Moore LLP in New York, where he concentrated on corporate transactional work, including representing public and private corporations and investment banks in debt and equity securities offerings and mergers and acquisitions.

Paul A. Gontarek joined Howard & Mobley. He concentrates his practice in the area of trust and estate litigation.

He represents banks, fiduciary institutions, families, individuals, charities and other entities in will contests; breach of fiduciary duty lawsuits; court actions to clarify, interpret or refine specific provisions of wills and trusts; and litigation to settle distributive rights to beneficiaries.

He also assists families with conservatorships and guardianships.

Rachel L. Goodrich has joined the Sarah Cannon Research Institute (SCRI).

She will negotiate and draft corporate legal agreements; interpret existing agreements; counsel clients on structure and terms of potential transactions; advise and assist clients in the management and resolution of disputes; and manage the contract process. Goodrich most recently held a position at AthensClarke County Magistrate Court in Athens, Georgia, as a mediator for a variety of civil disputes. She also served as an intern for the American Cancer Society – Office of Corporation Counsel, Stites & Harbison and the Tennessee Supreme Court. After receiving her bachelor’s degree in history, cum laude, from the University of Georgia in 2004, Goodrich earned her Juris Doctorate (JD), cum laude, from the University of Georgia School of Law in 2010.

Todd Presnell has been appointed Chairman of Miller & Martin's Litigation Department. He is a trial lawyer licensed in Georgia and Tennessee who represents major corporations, small businesses, tax-exempt organizations, and individuals in their litigation-related needs.

Presnell has served as lead counsel in federal and state courts across the country, including Arizona, Colorado, Connecticut, Georgia, Illinois, Minnesota, New Mexico, Tennessee, and Texas. He has handled numerous bench and jury trials, argued before the Sixth, Seventh, and Tenth Circuit Courts of Appeals, the Tennessee Court of Appeals, and briefed cases before the United States Supreme Court and the Tennessee Supreme Court.

Paul C. Hayes has joined Howard & Mobley. He is a tax attorney whose practice includes advising high net worth individuals, closely held family businesses, and nonprofit organizations with a particular emphasis in the areas of estate planning, trust and estate administration, business succession planning, charitable planning, asset protection planning and tax law.

Christopher M. Phillips has been elected to partnership at Waller Lansden Dortch & Davis, LLP. Phillips, who joined Waller Lansden in 2003 as an associate, practices in the areas of mergers and acquisitions, payment processing and financial technology. A frequent speaker at financial services industry conferences, Phillips recently addressed the Southeastern Banking Seminar and was a panelist at the 2010 ETA Annual Meeting and Expo. Phillips is a cum laude graduate of Sewanee — the University of the South,

where he earned his bachelor of arts, and received his J.D. from Vanderbilt University in 2003.

Tonya W. Scharf has been elected to partnership at Waller Lansden Dortch & Davis, LLP. Scharf represents clients in the commercial real estate industry, handling issues including acquisitions, management, leasing, financing and disposition of commercial properties and commercial property development. Scharf received her bachelor of arts from Berea College and is a cum laude graduate of the University of Tennessee College of Law, where she served as Articles Editor for the Tennessee Law Review.

Sara Beth Myers has joined the firm of Riley Warnock & Jacobson, PLC, as an associate. Prior to joining the firm, Ms. Myers was an associate at Jones Day in Atlanta Myers earned her J.D. degree from Vanderbilt University Law School in 2009, where she was Editor-in-Chief of the Vanderbilt Journal of Entertainment and Technology Law and the Street Law Women’s Site Coordinator. She earned an M.A. in Russian and East European Studies from Yale University in 2005, where she was the recipient of a Foreign Language and Area Studies Fellowship.

Myers graduated Phi Beta Kappa and magna cum laude from Duke University in 2003 with a double major in History and Russian. She focuses her practice on commercial litigation.

Barry J. Gammons has been elected to chair The Key Alliance. The nonprofit organizations goal is to help end homelessness in Nashville. Gammons is the owner of The Law Office of Barry J. Gammons, a law practice concentrating on creditor’s rights. He earned his B.B.A. from Belmont University and his J.D. from Nashville School of Law. Gammons is a member of the Tennessee and Nashville Bar associations.

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

WELCOME NEW NBA MEMBERS Mickie L. Banyas Cynthia E. Greene-Campbell Law Office of Cynthia Greene

Rachel J. Schaffer Schaffer Law Firm * Belongs to a 100% Club firm

Chad S. Hager Julie A. Mulzer Butler & Associates

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

April Volunteers: Joe Rusnak Tom Lawless

Gina Crawley Rachel Schaffer

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 - May 2011

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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.

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Nashville Bar Journal - May 2011

Office Space 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)218-7131 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 615-321-0010. 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.

POSISTION 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.

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

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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.

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

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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