Nashville Bar Journal | February/March 2017

JOURNAL Journal Journal

FEBRUARY/MARCH 2017 | VOLUME 17 | NO. 1

FEATURE

Behind the Wheel of the “Driving While Black Report” ALSO

Moving Towards Restorative Justice How to Survive a Traffic Stop Forensic Portraiture

YOU CHOOSE THE CHECKING WE’LL PAY YOUR NBA DUES Open a First Tennessee checking account with direct deposit, and we’ll pay your Nashville Bar Association membership dues (currently a $245 value) for one year. We have several great checking options you can choose – each available with the convenience of free Banking Online and Mobile Banking.

Learn more at FTB.com/checking or present this ad at any financial center in Middle Tennessee. See terms and conditions below for offer details.*

*Terms and Conditions: Offer valid August 1, 2016 - April 30, 2017. You must present this printed offer at a financial center in Middle Tennessee when you open your checking account. Minimum

opening deposit is $100, and cannot be transferred from an existing First Tennessee account. Cannot be combined with other checking offers or promotions. Accounts opened online are not eligible. You must be a new checking household, which means that no member of your immediate household has had an open First Tennessee consumer checking account in the previous 12 months. A direct deposit must post to this account within 60 days. You agree to maintain the account in good standing for at least 6 months. If you meet the conditions of this offer, you will receive a voucher in the mail within 6 weeks of your first direct deposit. You will be able to present this voucher to the Nashville Bar Association. The Association will then return it to us, and we will pay to them your dues for your one year of NBA membership. Upon delivery of the voucher to you, First Tennessee is required to report the $245 value as interest income on Form 1099-INT. This voucher is non-transferable, cannot be redeemed for cash or any alternative bonus, and must be presented by you to the Association by April 30, 2017. FSR: Use promo code NBADUE. ©2016 First Tennessee Bank National Association. Member FDIC. www.firsttennessee.com

JOURNAL 6 Journal Journal FEBRUARY/MARCH 2017 | VOLUME 17 | NO. 1

FE ATU R E

Behind the Wheel of the “Driving While Black Report” Daniel Satterfield

DEPA R TM E N TS

From the President

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Calendar of Events

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Moving Towards Restorative Justice in Nashville 11

Judge Sheila D.J. Calloway

Hear Ye, Hear Ye

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How to Survive a Traffic Stop 25

Philip N. Clark

Nathan H. Ridley

Mock Trial Competition

Liberty Bell Award

Race Judicata Jack Norman, Sr. Award

Save the Dates

CLE Schedule

Forensic Portraiture 29 NBA Historical Committee

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31 Member Updates 32 100% Club

Hearsay

Classifieds

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C O L UMNS

Background Check 13

Bart Pickett Capitol Notes 15

Peggy Sue, the Beagle Hound

17 Gadget of the Month

Bill Ramsey & Phillip Hampton

The Road to Wellness 27

Tracy Kane

FEB/MAR 2017 | NASHVILLE BAR JOURNAL

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JOURNAL JOURNAL FROM THE PRESIDENT Sizzle | Nathan H. Ridley Journal Cool bacon in a hot skillet.

Journal Cool water drops on a hot iron.

NATHAN H. RIDLEY, Publisher

WILLIAM T. RAMSEY, Editor-in-Chief

ramseywt@nealharwell.com

ELEANOR WETZEL, Managing Editor

eleanorwetzel@jis.nashville.org

EDITORIAL COMMITTEE NOEL BAGWELL CHANDLER FARMER KIMBERLY FAYE DAYNE GEYER CAROLINE HUDSON TIM ISHII CALLIE JENNINGS TRACY KANE ROB MARTIN EVERETTE PARRISH BART PICKETT BILL RAMSEY MIKE SANDLER KRISTIN THOMAS JONATHAN WARDLE VICTORIA WEBB

NASHVILLE BAR JOURNAL (ISSN1548-7113) (USPS 021-962) is published bi-monthly by the Nashville Bar Association, 150 4th Ave N, Ste 1050, Nashville, TN 37219. Periodicals Postage Paid at Nashville TN. POSTMASTER: Send address changes to Nashville Bar Journal, 150 4th Ave N, Ste 1050, Nashville, TN 37219-2419.

No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. All articles, letters, and editorials contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association. For more information, visit NashvilleBar.org/NashvilleBarJournal.

NASHVILLE BAR ASSOCIATION 150 4th Ave N, Ste 1050 Nashville, TN 37219 615.242.9272 • NashvilleBar.org The Nashville Bar Association, established in 1831, is a professional organization serving the legal community of Nashville, Tennessee. The NBA—with over 2,500 members—is the largest metropolitan bar association in Tennessee.

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Cool reason in hotly emotional judicial or legislative hearing.

The sacred holidays are behind us, but the residues of peace and joy and light still resonate with us, even as we pack away the tired tinsel, reindeer, and candles. The Martin Luther King, Jr. holiday is in our rear view mirror, but his words—The arc of the moral universe is long, but it bends towards justice—still resonate with us. The pomp and glow of the inaugural festivities are over, but the marvel of a peaceful transfer of power still resonate with us. Still, our relentless calendars force us to look ahead.

Those calendars also remind us that the most important election is the next one.

As all of our newly elected officials come to recognize that governing is much more difficult than campaigning, the legal community will continue to engage in governance at the local, state, and national levels. As lawyers, we are hardwired for the core principles of the American legal system: The rule of law; equal justice under the law; fair, impartial and independent judges; and the jury system. The reason our transactional and business lawyer friends labor so hard on their contracts and governing documents is that they know the agreements and promises are enforceable in our courts. The reason our litigator lawyer friends work so hard to hone their craft of being courtroom advocates is because they know a breach of duty is subject to a remedy in our courts.

The reason our tax lawyer friends review the statutes, the regulations, and even the letter rulings so carefully is because they know when setting the revenue system in place, the government is testing words to find their utmost power. The reason our criminal justice lawyer friends work so hard to master the constitutional safeguards for the accused citizen is because the rights articulated in the Bill of Rights limit the powers of our government for all of us.

One of the gospel writers first quotes attributed to the carpenter turned itinerant preacher is, What are you looking for? When the political and governing climate and even the legal system challenge us, we can look for and sell the sizzle of the American legal system. We find lawyers as the system’s champion, and we find lawyers who have entered more chaos and imposed more order and settled more disputes peacefully than our political systems can sometimes imagine. For the legal system to sizzle, our word must be our bond, and we must appreciate the long game. This systemic strength, however, undergirds our political and government systems.

We must encourage our elected official friends who, while resolving their macro-level disputes all too often see only the next election, to take a longer view. The resolution of disputes peacefully by the legal system is something we can all be proud of.

The legal community will continue to lead the greater community, sometimes ahead, sometimes behind, and sometimes beside the greater community, and the legal community will continue to champion the American legal system. n Briefly, Be Cool and Sizzle.

NASHVILLE BAR JOURNAL | FEB/MAR 2017

Calendar of Events | Full calendar online at NashvilleBar.org/ FEBRUARY 2017 M O N D AY

T U E S D AY

W E D N E S D AY

T H U R S D AY

F R I D AY

Membership Committee Mtg 12:00pm

Friday FUNdamentals | 11:30am

1 Dial-A-Lawyer | 6:00-8:00pm

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Committee Chair Orientation 3:00pm

NALS Mtg | 12:00pm

CLE Brainstorming Committee Mtg 4:00pm

7 LAW Board Mtg | 11:30am

9 NBF Trustees Mtg | 12:00pm

10 Friday FUNdamentals | 11:30am

Finance Committee Mtg | 4:00pm Executive Committee Mtg | 4:45pm

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3 Friday FUNdamentals | 11:30am

8 Memorial Service Committee Mtg 12:00pm Ethics Committee Mtg | 12:00pm

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Historical Committee Mtg 11:30am | Hal Hardin’s Office

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16 Diversity Summit Commitee Mtg 12:00pm

NBF Leadership Forum Steering Committee Mtg | 4:00pm

NBF Leadership Forum Program 10:00am | Waller Friday FUNdamentals | 11:30am

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MARCH 2017 M O N D AY

T U E S D AY

W E D N E S D AY

Committee Meetings are held at the NBA Offices unless otherwise noted.

FOLLOW US:

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T H U R S D AY

Membership Committee Mtg 12:00pm

YLD Mock Trial Competition Historic Metro Courthouse

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F R I D AY

Diversity Commitee Mtg | 12:00pm

Friday FUNdamentals | 11:30am

Facebook.com/NashvilleBarAssociation LinkedIn.com/Company/Nashville-Bar-Association

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@NashvilleBar NBA Board Mtg | 4:00pm

Historical Committee Mtg 11:30am | Hal Hardin’s Office

NBF Leadership Forum Program 5:30pm | Pinewood Social

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Dial-A-Lawyer | 6:00-8:00pm

3 Friday FUNdamentals | 11:30am

NALS Mtg | 12:00pm

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LAW Board Mtg | 11:30am NBF Leadership Forum Program 3:30pm | Bone McAllester Norton

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2 CLE Committee Mtg | 11:30am

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Memorial Service Committee Meeting 12:00pm

NBJ Editorial Committee Mtg 12:00pm | Neal & Harwell

Ethics Committee Mtg | 12:00pm

Finance Committee Mtg | 4:00pm

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10 Friday FUNdamentals | 11:30am

Executive Committee Mtg | 4:45pm

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17 Friday FUNdamentals | 11:30am

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23 NBA Happy Hour 5:30pm | Location TBD

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24 Friday FUNdamentals | 11:30am

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FEB/MAR 2017 | NASHVILLE BAR JOURNAL

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JOURNAL JOURNAL Journal Journal

Hear Ye, Hear Ye |

Liberty Bell Award

2017 NBA BOARD OF DIRECTORS NATHAN H. RIDLEY, President

ERIN PALMER POLLY, President-Elect IRWIN J. KUHN, First Vice President

CLAUDIA LEVY, Second Vice President KYONZTE HUGHES-TOOMBS, Secretary STEPHEN G. YOUNG, Treasurer JEFF H. GIBSON, Assistant Treasurer JOYCELYN A. STEVENSON, Immediate Past President LAUREN PAXTON ROBERTS, YLD President LELA HOLLABAUGH, General Counsel ROBERT C. BIGELOW, First Vice President-Elect MARGARET M. HUFF, Second Vice President-Elect LAURA B. BAKER MARK S. BEVERIDGE ROBERT C. BIGELOW HON. JOE P. BINKLEY, JR. HON. SHEILA D. CALLOWAY JACQUELINE B. DIXON SAMUEL P. FUNK TRACY DRY KANE HON. WILLIAM C. KOCH, JR. RYAN D. LEVY WENDY LONGMIRE W. BRANTLEY PHILLIPS, JR. DAVID L. RAYBIN SARA F. REYNOLDS ERIC W. SMITH LAURA SMITH DARKENYA W. WALLER

Nominations are now being sought for the Liberty Bell Award, which will be presented during the NBA’s annual Law Day Luncheon on Friday, May 5, at the Renaissance Hotel in downtown Nashville.

This award is given to the person or group—not necessarily attorneys or law related groups—who has promoted a 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. Nominations and supporting documentation should be submitted to the NBA Community Relations Committee via Traci.Hollandsworth@nashvillebar.org no later than Friday, February 17. n

Volunteers Needed!

The NBA Young Lawyers Division is once again hosting the Davidson County High School Mock Trial Competition on Friday, February 24, and Saturday, February 25, at the Historic Metro Courthouse.

Nearly 20 high schools from Davidson County will compete over two days, playing the part of lawyers and witnesses in a fictional trial. The top two placing teams will continue on to the state competition.

If you are available to volunteer, please email Casey Miller at cmiller@bradley.com and include the round(s) for which you are available and whether you would prefer to serve as a juror/scorer or presiding judge (or no preference). Volunteers are needed to help judge and score each of the following rounds:

M. BERNADETTE WELCH

Round 1 | Friday, Feb 24 at 4:00pm Round 2 | Friday, Feb 24 at 6:00pm Round 3 | Saturday, Feb 25 at 8:30am Round 4 | Saturday, Feb 25 at 11:30am

STEPHEN J. ZRALEK

NBA STAFF MONICA MACKIE, Executive Director SHIRLEY CLAY, Finance Coordinator WENDY COZBY, Lawyer Referral Service Coordinator TRACI HOLLANDSWORTH, Programs & Events Coordinator JILL PRESLEY, Marketing & Communications Director JAN MARGARET ROGERS, CLE Director VICKI SHOULDERS, Membership Coordinator, Office Manager

HAVE AN IDEA FOR AN ARTICLE? We want to hear about the topics and issues readers think should be covered in the magazine. Send ideas to Jill.Presley@nashvillebar.org.

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Events of Interest

Volunteers are what make this competition possible every year, and the students greatly appreciate your time and support. We look forward to seeing as many of you as possible for this event! n

NBA Weekly Updates

Have you been receiving the NBA Weekly Update—the information highway on all things NBA? It should arrive in your inbox around 12:00pm every Thursday. If you are NOT receiving these and they are NOT in your spam/junk folders, please contact your IT department and be sure all emails from NBA_Marketing@nashvillebar.org and NBA_Membership@nashvillebar.org are getting through your firewalls. Thank you! n

NASHVILLE BAR JOURNAL | FEB/MAR 2017

Race Judicata

The NBA Young Lawyers Division 14th Annual LogicForce Race Judicata will be held on April 8, beginning at 8:00am. Both the 5K/10K are flat, fast, and certified courses that run along the Harpeth River Greenway at Edwin Warner Park. All are welcome including families, strollers, and dogs!

Proceeds from the race will benefit two local charities—ABLE Youth and Achilles International Nashville. Last year the race raised nearly $18,000! Follow us on Twitter @racejudicata for more information or visit our Facebook.com/NBAYoungLawyersDivision. To register for the race, go to Active.com. n

Jack Norman, Sr. Award Nominations

Nominations are now being sought for the Jack Norman, Sr. Award, which will be presented during the Nashville Bar Association’s Law Day Luncheon on Friday, May 5.

This award is given to criminal law David Raybin with Seth Norman (2016 Award Winner) practitioners—including specifically defense attorneys, prosecuting attorneys, and judges of courts with criminal jurisdiction—who practice before or serve as judges of courts exercising criminal jurisdiction located in the Metropolitan Nashville area. The award may be given posthumously and is not necessarily presented every year, but only when a deserving individual is to be recognized.

The Norman Award must be given to an attorney whose primary practice is in or service pertains to criminal law, demonstrates respect for the rights of all individuals in the criminal justice system, exhibits the trial advocacy skills or judicial skills necessary to the pursuit of justice, demonstrates an abiding respect for the law and legal profession, maintains highest standards of professional integrity and ethical conduct, and contributes to the improvement of the legal profession and criminal justice system—including but not limited to the provision of uncompensated or undercompensated representation of the accused.

Nominations and supporting documentation for The Norman Award should be emailed to the NBA Criminal Law and Criminal Justice Committee Chairs, Daniel Satterfield at danielsatterfield@jis.nashville.org and Grover Collins at grover@collinsfirmtn. com, no later than Friday, February 17. n

Your MyNBA Page Watch Your Email for Details

In looking forward to Spring 2017, the NBA already has several events on the calendar. Save the dates for the following and watch your Thursday NBA Weekly Update emails* for details to come! n May 5 | Law Day Luncheon | Renaissance Hotel May 18 | Annual Golf Tournament | Vanderbilt Legends Club May 24 | Arts Immersion | W.O. Smith School May 25 | Spring Memorial Service | First Presbyterian Church

Have you signed up for access to your customizable MyNBA Page on NashvilleBar.org yet? As an NBA member, this page gives you the latest updates to your membership including CLE credits earned, events registered for, and membership status.

If you have NOT signed up yet, please follow these easy steps: 1. Go to NashvilleBar.org.

2. Click the “Login” button on top right of the page.

3. For username, enter the email address that the NBA has on file for you.

4. Click “I forgot my username or password”.

5. An email will be sent to you with a link to reset your password. Follow the instructions in the email to set up your page.

* These emails also contain links to enhanced online content supplementing your print Nashville Bar Journal.

Should you have any questions or need assistance, please contact Vicki.Shoulders@nashvilleBar.org or call 615-242-9272. n

FEB/MAR 2017 | NASHVILLE BAR JOURNAL

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Feature Story | Daniel Satterfield

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NASHVILLE BAR JOURNAL | FEB/MAR 2017

Behind the Wheel of the “Driving While Black Report” EDITOR’S NOTE: The “Driving While Black Report” was presented to Metro Council on January 9 and is available in its complete form at the DrivingWhileBlackNashville.wordpress.com.

On October 25, 2016, Gideon’s Army in collaboration with nearly 60 community members published a 213-page report compiled from personal stories and Metro Nashville Police Department data, finding racial disparities between black and white drivers in both traffic stops and searches.

Starting Down A Divided Road Following events in Ferguson, Missouri, Gideon’s Army hosted a series of family suppers around Nashville to hear directly from people in the community. Gideon’s Army is a community organization rooted in a philosophy of restorative justice and is responsible for introducing such practices to Metro Nashville Public Schools and the Davidson County Juvenile Court.

“Family suppers are a tool Gideon’s Army has used for a while,” said Gideon’s Army member and preacher Evan Bunch. “They bring a communal atmosphere. When you have a dinner, something about the dinner table invites conversation and invites building relationships.”

“The person that I interviewed—Lastaijah Golden—I did not know a lot of the stuff she was saying,” said Bunch.

“Stuff like black transwomen being out in public, they can be in broad daylight, they can be misconstrued to be prostitutes, and police will harass them for that. What she was telling me was really frightening to hear, almost like a darn horror story. Black transwomen are not represented well in the

mainstream of society, and so to hear these horror stories of interactions with the police should put chills up your body, it’s disgusting.”

“Of course there were a lot of concerns expressed, but one of the things that continued to come up was policing,” said Gideon’s Army founder Rasheedat Fetuga. “We held maybe five family suppers throughout the spring and the summer, and continually issues people were having with policing just kept coming up, specifically having to do with traffic stops.”

“Nashville uses policies and practices, not on the same level as Ferguson, but they definitely mirror what’s happening in Ferguson,” said Fetuga. “And according to what’s happening here, the conditions are very ripe for having a similar situation. From there, that’s when we decided to build a team to do research that would really understand what was going on, as opposed to just saying this is a problem because everybody says there is.”

Construction Ahead Fetuga asked Andrew Krinks, former editor of The Contributor paper, to lead the project.

“Part of my job at The Contributor was to be attuned to what the issues are that folks on the street were experiencing and helping them to tell their own stories,” said Krinks. “One of the scenes that was a consistent one for a lot of folks on the street were experiences of harassment from law enforcement and this idea that there was criminalization of homeless people just trying to survive, trying to find shelter where they can, sitting, sleeping, standing, and feeling like they were (continued on page 8) 00) (continued on page

FEB/MAR 2017 | NASHVILLE BAR JOURNAL

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Feature Story | being harassed for just trying to get by, for things that were not being applied to others in the same way.”

Krinks attended one of the family supper events, and Fetuga invited him to attend a follow-up meeting. “At that meeting in July, on the list of options of things they were interested in, they listed something about doing more statistics and something like a report,” said Krinks. “I said I would be interested, and Rasheedat’s style is if someone that she trusts is there who expresses interest in something, then she almost always encourages them to start pursuing it.”

“If someone is passionate about something, I know they’re going to do it a hundred times better than someone who I see maybe has the skillset but not the passion,” said Fetuga. “Andrew felt this deeply. He’s also one heck of a writer. I read some of his articles, things that had been posted online, editorials he’s done, so once he volunteered, it was a no-brainer. Without him, this project wouldn’t have been what it is. When he started, in his mind it was already not a small project. He’s a big thinker. A lot of people who are big thinkers or visionary-type folk can’t scale it down into deliverable things; he’s one of those folks blessed with the ability to do both.”

“After our first meeting, Rasheedat gave me permission and expressed her trust in me to take it and run,” said Krinks. “I had some of the folks already from Gideon’s Army, and then I also put out feelers for people beyond Gideon’s Army. Some people helped connect me to other people, and two of those people were Kyle Mothershead and Peter Vielehr.”

Lanes Merge Attorney Kyle Mothershead, in8

Driving Behind the Wheel... (continued from page 7)

dependent of Gideon’s Army’s efforts, obtained the data that would form the basis for the statistical findings in the report. While investigating a civil rights suit, Mothershead discovered that patrol officers are required to submit data following a traffic stop as part of its racial profiling policy.

In April 2016, Mothershead obtained a flash drive that contained this data, but analyzing the millions of data entries was a roadblock.

“At the bottom, I really just wanted to get the truth and get the truth out into the community,” said Mothershead. “Police, as a whole, are treating different groups of people differently, but the rest of society doesn’t necessarily want to accept that. Sometimes you get this kind of double-talk where they say, ‘There’s no racial profiling, but if there is, then it’s justified because black people commit more crimes.’ I just thought let’s just try to get on the same page about what the facts of what’s happening are. It’s a different issue about what value judgments you put on those facts, but let’s just try to get the actual truth out, so everyone understands what’s really happening.”

“We were just calling it a research team, what we were putting together. It was really serendipitous,” said Fetuga.

“We would’ve had to collect all of this data, and [Mothershead] had already collected a lot of it, if not most of the data that was used. He also had a lot of insight from the legal perspective that was really valuable. A lot of us don’t think like lawyers, and his literal thinking was invaluable to the team.”

Warning, Heavy Traffic Volume, Detour Ahead Sociologist and data analyst Peter Vielehr brought the necessary software

NASHVILLE BAR JOURNAL | FEB/MAR 2017

and experience to complete the project.

Ultimately, the team obtained data from more than four million traffic stops over a 15-year period. With Vielehr’s software and education, Vielehr was able to do in minutes what would’ve taken Mothershead hours. “Peter did remarkable data analysis, and it all came together so beautifully,” said Fetuga.

“Community members and folks in the black community had been saying for years that they feel that there is bias in policing, that they feel targeted with searches and traffic stops, and that nobody is listening,” said Vielehr. “And how you get people to listen when they’re not being taken seriously, the answer sometimes is data. Unfortunately, quantitative data often speaks louder than the experiences of individuals for better or worse. I’m a statistician so that’s what I work with, but at the same time, data often overshadows the experiences of the people actually going through what we are studying and analyzing.”

Vielehr further explained, “Sociologists have been really involved in conducting a lot of the research that is used as statistics for understanding mass incarceration. My discipline has been very involved in these discussions that we’re having as a larger discipline about how sociologists can be involved in trying to better understand so that we can make changes. Sociologists study injustice all the time, so our goal needs to be not just to study it but help create work that will reduce injustice.”

Over the next three months, the Driving While Black team swelled to nearly 60. What was initially envisioned to be a 30-page report grew to become 213 by the end.

“The goal of this report is to uplift community voices and empower these

(continued on next page)

Feature Story | vulnerable people who’ve experienced horrible instances of police brutality,” said Gideon’s Army member and social worker Joanie Evans. “This is 200-plus pages, and most of the report is the personal stories. Even in the data section, those experiences are highlighted. This is very much about the lived experiences of people in the community. I think we would’ve been doing the community a disservice if we didn’t do that. It’s really powerful to have people who have been mistreated and marginalized have the opportunity to speak up and actually get to be heard by stakeholders. That’s how change happens. It’s not just data.

I think both are really important, but if anything, I think the data was the supportive piece.”

Stories Fueling the Drive, Destination To Be Determined “I think being a grassroots organization, it’s really important to hear from the people affected,” said Fetuga. “They were the driving force behind the family suppers, and for the people who’ve had traumatic experiences with the police who were willing to share their names and faces in a report that would be widely shared and in a position to be the most vulnerable, we did not take that lightly.”

“I think it’s important to note that an enormous percentage of the people who are subjected to these pretextual stops and roadside searches are totally innocent,” said Mothershead. “And amongst the people who are found to have criminal contraband, such a ridiculously high number of those, it’s really petty offenses or personal use marijuana. The going theory of the police department and Chief Anderson is that the pathway

Driving Behind the Wheel... (continued from page 8)

to public safety is to aggressively stop and search people, and if you just do it enough, then you’re going to get the bad guys, and all this hyper-policing activity is going to magically result in less murders. Each one of these minor charges that gets generated—there’s 20,000 driver’s license cases a year that the police are so proud of that creates a lot of work for rest of the system and in my view what are we actually accomplishing with all this stuff? I would say very little.

I don’t think a driving on a suspended license charge is reducing the murder or robbery rate at all.”

“The goal with all of this all along has been to try and shift the reality so that communities of color and poor communities are not experiencing the police as an occupying and harassing force in their neighborhood because that’s what unfortunately a lot of people experience,” said Krinks. “We will see what happens next. It’s this thing that evolves, and it will evolve, and it will hopefully get clarity soon where the energy will align in terms of pushing for change. So stay tuned.” n DANIEL HUFF JUNG SATTERFIELD is a Korean-American adoptee from Kentucky. He is a graduate of Princeton University and Hofstra School of Law. Satterfield has been an attorney with the Nashville Public Defender’s Office since 2010 and presently cochairs the Nashville Bar Association’s Criminal Justice Committee. He can be reached at Daniel.

Satterfield@nashville.gov.

“I’m a Nashville Defender because it blesses me the opportunity every day to look beyond what are often the bleakest moments in the lives of the most vulnerable members of our society, always search for compassion and humanity, and then advocate on behalf of and for that person’s brightest and best self.”

RESERVE OUR FACILITIES

The Nashville Bar Association offers its conference rooms to be used for arbitrations, mediations, meetings, depositions, and other events for attorneys who need a convenient place to meet in downtown Nashville.

We have a spacious Conference Center and a smaller Board Room—both of which have free Wi-Fi access, phone, and video-conferencing—available for your use. For more information, contact Vicki.Shoulders@nashvillebar.org or visit NashvilleBar. org/ReserveOurFacilities.

FEB/MAR 2017 | NASHVILLE BAR JOURNAL

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CAN YOU NAME THESE PEOPLE?

Be the first person to email the correct answer to Jill.Presley@nashvillebar. org and your name—along with the correct answer—will appear in the next issue.

DEC/JAN GOLDEN OLDIES

John Hollins, Jr. of Thompson Burton, PLLC correctly identified the individuals in the December/January 2016-17 Golden Oldies photo. Pictured (left to right) are Hon. Ben Cantrell, John Hollins, Sr., Hon. Gloria Dumas, and John Day.

Bradley congratulates Nathan Ridley on being named 2017 President of the Nashville Bar Association.

At Bradley, our attorneys understand that legal matters are more than contests of critical thought; they have real-world implications, which is why we prioritize integrity. It is this integrity that inspires all of us to go above and beyond our clients’ expectations by providing innovative solutions, dependable responsiveness and a deep commitment to success.

bradley.com No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. ATTORNEY ADVERTISING. Contact: Lela Hollabaugh, Esq., 615.252.2348, lhollabaugh@bradley.com, Bradley Arant Boult Cummings LLP, Roundabout Plaza, 1600 Division Street, Suite 700, Nashville, TN 37203.

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NASHVILLE BAR JOURNAL | FEB/MAR 2017

Editorial |

Judge Sheila D.J. Calloway

Moving Towards Restorative Justice in Nashville You have probably heard a story from your parents or grandparents…a story about what happened when they were playing baseball in the neighbor’s back yard. As they were playing, one of them took a good swing at the ball. Next thing they knew, they heard the crash in another neighbor’s window. Afraid of what to do next, they each ran home trying to avoid the situation. It was always easy to discover who hit the ball that actually broke the window. And each parent understood their child had some level of culpability. So, they gathered all of the children and marched them to the neighbor’s door. As they greeted the neighbor, each child apologized for their role in causing the broken window. After all of the apologies, there was a decision made on how the children would pay for the damage. Each child would be required to do some extra chores around the house or around the neighborhood. They would earn the money to pay back the neighbor for the cost of the broken window.

In the end, the neighbor was made whole, the children learned about accountability and responsibility, and the community as a whole was restored.

Even your typical school yard fights on many occasions were handled in a similar manner. When two young people

would get into a fight—whether it was at school or in the neighborhood—after the fight, the parents would have them come back together and discuss the conflict. In the end, they would shake hands and end up being the best of friends the next day.

Once again, the youth were made whole, they learned about accountability and responsibility, and the community as a whole was restored.

Over the years, we have begun to increasingly criminalize these sorts of incidents involving youth. Today, the youth in the scenarios described above would likely be charged with vandalism for the broken window and assault for the school yard fight.

When these types of incidents become “crimes,” or “delinquent offenses,” in the case of juveniles, a formal court process is initiated. As part of the court process, an assistant district attorney prosecutes the case on behalf of the state, and a defense attorney is appointed to represent the child. In this formalized process, although the victim has the opportunity to testify in a courtroom setting, there is very little opportunity for them to truly express the harm they suffered or to focus on what they need in order to be healed. There is also little opportunity for the child to learn genuine accountability and responsibility. Instead, (continued on page 12)

FEB/MAR 2017 | NASHVILLE BAR JOURNAL

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Editorial |

Moving Towards Restorative Justice in Nashville (continued from page 11)

the child relies on his or her defense attorney to “win” the case. In the end, the victim has very little satisfaction, the youth does not have a good opportunity to learn accountability and responsibility, and the community has little chance of restoration. The court process often results in a permanent conviction on the child’s Juvenile Court record, which can eliminate future opportunities for the child such as obtaining certain types of employment.

It is imperative that we move toward a more restorative justice system, especially with regard to our youth. If young people have an opportunity to understand their actions, accept responsibility for the harm they have caused, and play an active role in the restoration process, the likelihood of them reoffending is decreased dramatically. Also, when the victims have a genuine opportunity to express the nature of the harm and their ideas on how they can be healed, they are more satisfied with the process. The idea is simple: we do not solve the problem of juvenile delinquency by merely

locking children up or giving them permanent criminal records for every misdeed. We can only solve the problem of juvenile delinquency by increasing understanding, resiliency, responsibility, and hope in our youth.

The Davidson County Juvenile Court currently is preparing for an upcoming pilot project on Restorative Justice. In order to bring a successful Restorative Justice program to Nashville, we have partnered with Sujatha Baliga and Impact Justice from Oakland, California. Impact Justice provides resources and technical support for jurisdictions interested in bringing restorative justice to their communities. In July of 2016, I was part of a contingency from Davidson County that visited Oakland and San Francisco’s Restorative Justice programs. The Davidson County contingency included individuals from the District Attorney’s Office, the Public Defender’s Office, the Metropolitan Nashville Police Department, and Juvenile Court. From this trip, we learned how successful Restorative Justice can be

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for the entire Juvenile Justice system— the children, families, victims, and community.

In jurisdictions practicing Restorative Justice, it has been effective not only for minor offenses such as misdemeanor vandalism and assault charges, but also for more serious felony charges where the harm is more significant and there is a greater need for healing.

Therefore, in our pilot program, we will focus on using Restorative Justice prior to the filing of a delinquency petition in a narrow class of cases—those in which a youth has committed a residential burglary that does not involve a weapon or bodily injury to the victim. Restorative Justice will be reserved for those cases in which the child has accepted his or her responsibility for the offense. Cases involving a contested issue about the facts of the case or identity of the offender will still go through the traditional court process. We are beginning with home burglaries because they often result in severe trauma to the victim. In these cases, victims often have questions which are not typically answerable in the traditional court system: Where did you pawn my grandmother’s jewelry? Why did you pick my house to burglarize? Were you casing my house before the burglary? Do you understand how terrifying it was for my family to find out someone had been inside our house?

Anecdotally, we have learned of burglary cases that have gone through Restorative Justice and have resulted in a great deal of healing for the victim and the youth—where the victim’s fears of the unknown are assuaged and the youth comes to understand the serious impact of their actions. (continued on page 16)

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NASHVILLE BAR JOURNAL | FEB/MAR 2017

BACKGROUND CHECK

Erin Palmer Polly | Bart Pickett

The Nashville Bar Association’s 2017 President-Elect wanted to be a lawyer since 3rd grade. The former small-town girl cannot remember what made her choose the law. As a young girl, however, Erin Palmer Polly, could not wait to grow up to be a gas station attendant in Winchester, Tennessee. She wanted the life of the girl who had access to candy, Coke, television, and who got to talk to people throughout the day. Thankfully for us, Erin changed her trajectory to the legal field.

The only child of civilian employees of Arnold Air Force Base, Erin left Franklin County to attend Maryville College in 1995. Having helped start the soccer team at Franklin County High School, she went on to play soccer in college.

The self-described geek was also involved in student government while in college. Maryville College chose the political science major as the recipient of the “Outstanding Senior Award.”

Immediately after college, Erin headed to the University of Tennessee College of Law where she thrived and truly enjoyed her experience. She served as the Student Bar Association

president her third year. Erin spent her summers at a few different private firms including her eventual employer, Walker, Tipps & Malone, PLC. She graduated in 2002 with a concentration in advocacy.

Following what started out as a blind date, Erin eventually married Ben Polly, Talent Acquisition Manager at Gerdau, in 2007. Together they have one child, Katherine (age 3). They live in the Richland neighborhood in West Nashville and attend Christ Church Cathedral.

Erin’s genuineness comes through as you speak to her. She speaks from her heart about those she loves, including her colleagues. In what seems like a rarity in today’s legal market, she has only really had one employer. Walker, Tipps & Malone eventually became a part of Butler Snow, where Erin remains as a partner. Her practice focuses exclusively on litigation, primarily defense.

She’s handled cases worth millions of dollars to $200, but no matter the size of the case, she gives her best for her clients.

Erin first became involved in the Nashville Bar Association through the Young Lawyers Division with the encouragement of her law partners. She made her way through that group’s committees and eventually became YLD president in 2014. Without even taking a year off, Erin went straight from YLD president to NBA board member in 2015.

Erin has never lost her sense of duty for civic service. In addition to all of her bar activities, she serves on several boards including The DISTRICT, a non-

profit that supports downtown Nashville and its businesses. Her fondness for her alma mater led her to serve on the UT Law Alumni Board. The Tennessee Supreme Court tapped Erin to serve on the Tennessee Lawyers’ Fund for Client Protection in 2016.

With her busy schedule, Erin still tries to find time to unwind. She enjoys running and reading. Also, she and her husband love travelling, which understandably has become more difficult since Katherine’s arrival. Nevertheless, she hopes to increase their travels over the coming years.

While she will not take over the reins of the NBA until 2018, the president-elect already has some general ideas for the Bar. She would like to continue strengthening the Bar’s relationship with the community by supporting projects that give back to others. She also wants to continue to stay on top of member benefits, which she sees as key to remaining a strong, viable organization. n BART PICKETT is an attorney at the Law Offices of Julie Bhattacharya Peak where he represents Liberty

Mutual

Group,

Inc.’s insureds and customers of its affiliated groups throughout Middle Tennessee. Prior to practicing, Pickett worked as a law clerk for the Honorable Judge Thomas W. Brothers of the Sixth Circuit Court of Davidson County and the Honorable Joseph P. Binkley, Jr. of the Fifth Circuit Court of Davidson County.

FEB/MAR 2017 | NASHVILLE BAR JOURNAL

13

LEGISLATIVE COLUMN

Capitol Notes | Peggy Sue, the Beagle Hound Chair of the House Finance Ways and Means Subcommittee. Both will serve as key players in the crafting of the Appropriations bill, which is the only bill that has to be enacted into law each year.

If you want to run with the big dogs, you have to get off the porch. —Anonymous Introduction I’m Peggy Sue, a petite, 18-pound, beagle hound, subbing for Nathan Ridley. Nathan has become the NBA President for 2017, and with his President’s column, some thought a double dose of Ridley in one Nashville Bar Journal would lead to a decline in membership. So, it’s time to get off the porch…

Organized!

The newly elected 110th General Assembly is organized and prepared to conduct business in regular session.

They convened on Tuesday, January 10, and each house elected a new speaker.

Beth Harwell of Nashville was unanimously reelected to her fourth term as House Speaker and Randy McNally of Oak Ridge was elected for his first term as Speaker of the Senate and therefore, Lieutenant Governor. On Wednesday, the two houses huddled together in the House Chamber to elect Comptroller Justin Wilson and Treasurer David Lillard to another two-year term and Secretary

of State Tre Hargett to another four-year term and to hear their annual ethical chalk talk from Bureau of Ethics and Campaign Finance Executive Director Drew Rawlins. On Thursday, the Speakers appointed their new committees, and each house adjourned the Organizational Session, quickly began the Regular Session, and on January 30th, attended Governor Haslam’s State of the State and Budget Address.

Davidson County Has Some Bite While few structural changes were made in the committee membership in either house, Davidson County continues to be a power center with Beth Harwell serving as Speaker of the House, and Steve Dickerson, Thelma Harper, and Ferrell Haile all serving on the Senate Finance Ways & Means Committee. Of course, we note the continuing power of the East Tennessee delegation with new Senate Speaker Randy McNally of Oak Ridge and particularly Hamilton County with Senator Bo Watson being named as Chair of the Senate Finance Ways and Means Committee and Representative Gerald McCormick being named as the

2017 Legislative Issues The General Assembly’s job is always passage of the Governor’s proposed appropriations bill. While state revenues are doing fairly well, Tennessee continues to be a low tax, low service state. The state budget process is also laboring under the General Assembly’s 2016 cut in the Hall Income tax rate from 6% to 5% with future annual one percentage point reductions to continue until the tax is abolished in 2022. The proponents of this much barked about proposal seldom noted that this tax reduction will lead to an increase in your local property taxes because 37.5% of the revenues of the Hall Income tax are shared with the local governments where the taxpayers live.

Governor Haslam is expected to propose and urge passage of a fuel tax bill to address declining gasoline and diesel tax revenues and infrastructure needs. With as many as four members of the General Assembly actively pondering a 2018 gubernatorial campaign, passage will be difficult.

Professional Privilege Tax

By June 1, the Tennessee Department of Revenue expects to receive $400 as payment of Tennessee’s occupational privilege tax imposed on lawyers among other occupations. Failure to pay the tax has law license repercussions under Supreme Court Rule 9, Section 26.

This tax was first enacted in 1992 at the rate of $200 a year as a part of Governor McWherter’s education funding initiative.

The tax was increased to $400 a year in

(continued on page 18)

FEB/MAR 2017 | NASHVILLE BAR JOURNAL

15

Editorial |

Moving Towards Restorative Justice in Nashville (continued from page 12)

In the Restorative Justice cases, both the victim and the youth will work with a selected nonprofit agency designed to hold restorative “conferencing circles.” Prior to conducting the circles, the agency will meet individually with the victim and the youth. When appropriate, the agency will bring all of the individuals affected by the incident together to discuss three things: (1) who was harmed by the incident, (2) how they were harmed, and (3) how the harm can be repaired. From the circle, the youth will leave with a plan that will allow them an opportunity to repair the harm they have caused. The youth will have a team of supporters designed to help them complete their plan, and the victim will have a team of supporters to assist with their healing. In the end, the victim will have a true say in the resolution of their case, the youth will learn how to be accountable and responsible for their actions, and the impact on the community will be addressed.

At this time, we are working out final details on how the community conferencing aspect of the Restorative Justice pilot will be handled. We hope to work out these remaining issues in the next few months. In the meantime, we will be continuing with the many restorative practices we already have in place. Currently, we work with five Nashville area high schools and one middle school with our Youth Courts. Youth Court is another way to informally dispose of minor misdemeanor charges by having teens review the case and determine how the harm can be repaired. We will also continue with our Informal Adjustment program – an internal court program in which we divert cases from the courtroom while we continue to provide nec16

essary services for our youth. We will continue to work with the Metro Nashville Public Schools and the PASSAGE (Positive and Safe Schools Advancing Greater Equity) initiative. Through this initiative, we are working with schools to bring restorative circles to the classroom in lieu of disciplinary procedures.

And we will continue to work closely with the Disproportionate Minority Contact (DMC) local task force. The DMC task force is working closely with agencies that refer cases to juvenile court to find other solutions to a conflict in lieu of formalized court actions.

Our ultimate goal for the Juvenile Justice system is to make it a system that recognizes the fact that the youth mind is still developing, and they have a unique capacity for rehabilitation and restoration. It is our responsibility as a system to provide the best way to teach youth while also holding them accountable. It is my sincere belief Restorative Justice can move us toward this goal. n JUDGE SHEILA D.J. CALLOWAY was elected Davidson County’s Juvenile Court Judge in 2014.

After graduating from Vanderbilt Law School, Calloway worked at the Metropolitan Public Defender’s Office in both the adult and juvenile system. In January 2004, she was appointed to the position of Juvenile Court Magistrate and served in that position until November 2013. She serves as an Adjunct Professor at Vanderbilt University where she teaches both in the undergraduate and law schools.

Judge Calloway especially thanks Juvenile Court Administrator Kathy Sinback and Assistant District Attorney Stacy Miller for their contributions to this piece.

NASHVILLE BAR JOURNAL | FEB / MAR 2017

DIAL-ALAWYER

Dial-A-Lawyer is held the first Tuesday of each month from 6:00 to 8:00pm and the public is invited to call in with basic legal questions. If you would like to volunteer and help the NBA support this program, please contact our LRIS Coordinator at Wendy.

Cozby@nashvillebar.org.

Pro Bono credit applies and a complimentary dinner will be provided.

Thank you to our December and January volunteers!

GINA CRAWLEY CHRIS HUGAN TOM LAWLESS DOUG PIERCE JOE RUSNAK

Bill & Phil’s Gadget of the Month | Bill Ramsey & Phillip Hampton

Tech Trends for 2017 Every year after we pack away our New Year’s party hats, we print our boarding passes for Las Vegas to attend the Consumer Electronics Show (CES). The 50th anniversary of this annual geek fest did not disappoint with a record attendance of over 175,000 and over 2.5 million (yes, million) square miles of exhibit space.

We attend every year to see the latest and coolest gadgets that may or may not be coming to the market; but, perhaps even more importantly, we attend to get a sense of trends in the tech world that ultimately will impact how our colleagues will work, play, and live in the near future.

Not surprisingly, as we are poised to plunge headlong into the intelligent machine age, CES showcased a variety of robots—robots that would clean your house, assist in retail environments, mow your lawn, fold your laundry, and the list goes on. We saw robots that could move throughout your home and respond to voice commands just as the Amazon Echo (Alexa) does, but could actually perform manual tasks at your command, as well. We really wanted to take one of these robots home with us, but security was really tight, and those robots are really smart. So, we didn’t try to snatch one.

Another popular theme this year was health and wellness tech. Business leaders have learned a healthy and motivated workforce is a productive workforce; thus, CES exhibitors featured the latest technology to help consumers stay active, track health metrics, and work in a more ergonomically-friendly environment. One of the newest wearables that caught our attention was a fitness ring called Motiv.

We saw a demo of Intel’s

new sensory feedback sunglasses that can track your vital stats while exercising and provide personalized coaching feedback at the same time. There were smart bike helmets, smart scooters, and even smart chairs. A new movable chair concept from Honda was one of our favorites. At a more mundane level, sit-stand desks seem to be the default option for new office furniture, and, of course, you can supplement these units with treadmill

bases or even stationary bikes, along with monitor arms that can levitate multiple computer monitors without taking up more desk space. Eye-tracking software has been around a while, but has improved considerably since we first saw demos a few years ago. This software, along with vastly improved voice recognition systems, promises to expand computing options for users with disabilities.

We went to this year’s show expecting to see a raft of new virtual reality (VR) applications, but after touring the incredibly crowded VR section of the exhibit hall, we were a little disappointed. Everyone has probably seen the television ads for VR googles from companies such as Samsung and Google, and many, like us, have purchased one or two (or more) of these VR contraptions to try out. Yes, we enjoy/endure the virtual ride on a roller coaster or watching a movie in VR; and

many gamers (not us) really are into the many VR gaming applications. But outside these niche applications, we did not see a lot of new uses for virtual or augmented reality, much to our disappointment. This technology is still new, and we do expect to see applications of this technology in the workplace; but, it still may be a few years out.

The automotive industry is investing heavily in exciting new technologies that promise to fundamentally change the way we think about travel. The huge auto technology-centric exhibits made us think perhaps we had stepped out of Vegas and into Detroit. Self-driving cars are coming. We were disappointed that we could not find any exhibit where we could actually get a test ride. We saw plenty of concept cars: electric-powered, self-driving, and even interactive; and we saw plenty of video demos of how these new automobiles will work. But we do believe the appearance of these new age vehicles en masse on our city streets is probably being delayed by considerations of security, safety, and liability.

Nonetheless, we really can’t wait for the day when our car notices that we are beginning to get tired behind the wheel on a long trip (as we saw in the Toyota demo) and proactively tells us that it is taking over driving for us. Prius, take the wheel.

Finally, one of our favorite “gadgets” this year was the EHANG184, an Autonomous Aerial Vehicle (AAV—because everything in the tech world has to have an acronym). This vehicle is essentially a drone capable of carrying a person—sort of like an aerial taxi—envisions to transport people short distances through air (continued on next page)

FEB/MAR 2017 | NASHVILLE BAR JOURNAL

17

Capitol Notes |

(continued from page 15)

(Bill & Phil... continued from page 17)

2002 as part of a funding increase for the general operation of state government and again after the failure of a state income tax and again in opposition to a gross receipts tax. If the tax only applied to physicians, lawyers, and lobbyists, repeal or revision would be more difficult.

The occupations taxed, however, are somewhat random and only include 11 of 30 regulated health professions, notably excluding nurses, and a similar number of the non-health related regulated professions, notably excluding realtors. Five bills have already been filed on this topic for consideration in the 2017 legislative session, most notably, House Bill 41 by Representative Van Huss of Washington County and Senator Bowling of Coffee County. The tax generates about $90 million a year in state revenue.

Checklist for February 1. Call or write your state representative and state senator and wish them well in the upcoming legislative session.

Each will appreciate it; most only call when grumpy or they want something.

2. Commit to participate on an NBA Practice or Service Committee. The opportunities are legion.

3. Be half the person your dog thinks you are.

without a pilot. So when you need to be in federal court in 30 minutes and the downtown corridor is gridlocked, you would simply call for the EHANG drone to pick you up and fly you to the courthouse. Oh man, we can’t wait for this one to become mainstream. Bring on the future. Bring on the tech. n Until next time.

Calendar Notes State offices will be closed Monday, February 20, for the Presidents’ Day holiday. n PEGGY SUE is fond of the classic 1957 Buddy Holly song. When hunting legislative news or biscuits, she is hard to contact.

She is also a big believer that it’s not the size of the dog in the fight, but the size of the fight in the dog.

OFFICE SPACE FOR RENT? PROMOTING YOUR FIRM? ADVERTISE IN THE CLASSIFIEDS CLASSIFIED ADVERTISING RATES LINE ADS $85 for the first 50 words and $1.25 for each additional word. Must be received no later than the 15th of the month prior to publication.

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Visit NashvilleBar.org/NashvilleBarJournal for more information.

18

NASHVILLE BAR JOURNAL | FEB/MAR 2017

NBA is your source for cutting edge, quality continuing legal education. We provide more than 600 hours of live and distance learning programming while offering our members discounted rates. For a complete calendar, full seminar agendas, and registration visit NashvilleBar.org/CLE. MONDAY, FEBRUARY 2 7 | LIVE SEM I N A R

TH U R S D AY, M A R C H 2 | LI V E S EMIN A R

VIEWS FROM THE BENCH & BAR: Effective Interviews and Representation

WHEN FOUR ACES DON’T EQUAL A WINNING HAND

OVERVIEW

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Hear effective interviewing skills from the judge, an experienced public defender, and district attorney so that you can do the best for your clients. This seminar will cover basic interview skills when representing a criminal defendant. You will receive an interview sheet, medical records release, and other checklists essential to interviewing clients for General Sessions court.

According to the Centers for Disease Control and Prevention, childhood experiences—both positive and negative—have a tremendous impact on future violence victimization and perpetration and lifelong health and opportunity. Join Judges Philip Smith and Sheila Calloway, along with the Family Center, to learn about how adverse childhood experiences (ACEs) impact the futures of our children and how you can help break the cycle of adverse childhood experiences. This program will cover the types of adverse childhood experiences and how these can be observed throughout the juvenile system and in family law.

A reception with the Judges—sponsored by Richards & Richards—will follow the program, location to be determined.

PRESENTERS Hon. Lynda Jones, Division IX, General Sessions Court, Davidson County Sarah King, Attorney at Law Katie Ladefoged, Assistant District Attorney D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

PRESENTERS Hon. Sheila Calloway, Davidson County Juvenile Court Hon. Philip E. Smith, Davidson County Fourth Circuit Court Diane Lance, Department Head, Office of Family Safety Jennifer Martin, Lead Parent & Community Educator The Family Center D E TA I L S

COST

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2:30 – 3:00pm

NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3:00 – 5:00pm

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Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.0 General

For registration after February 23, add a $10 late fee.

Location. . . . . . . . . . . . . . . . . Jury Room, Historic Courthouse COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $95 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $189 For registration after February 28, add a $10 late fee.

FEB/MAR 2017 | NASHVILLE BAR JOURNAL

19

TUE S DAY, MA RCH 2 8 | LIVE SEMINAR

MERGERS AND ACQUISITIONS:

P LI LI V E WE B C A S TS Li ve C LE C redi t f rom I nnovat i ve Web c a s ts

A Primer for the Junior Attorney OVERVIEW

For M&A deals, legal and financial professionals need to be clear on the steps required and the associated deadlines.

This seminar will focus on public records due diligence, state filing considerations and post-closing matters. Utilizing examples from multiple states that participants will frequently see in deals, the timing and types of due diligence will be discussed.

The program will cover traps for the unwary and how to avoid last minute scrambling when missed requirements delay the issuance of the Good Standing Certificate required for the legal opinion, or when minor discrepancies on the merger certificate cause rejection. We will also discuss how Delaware’s new “Certificate of Validation” can be used to remedy defective corporate acts that can hinder a closing. This seminar is geared toward junior associates.

PRESENTERS Bruce S. Gallo Executive VP for Marketing & Business Development National Corporate Research, Ltd. Teri M. Mayor VP of Product Management for Business Entity Services National Corporate Research, Ltd. D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:30pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:30 – 2:30pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General Location. . . . . . . . . . . . . . . . . . . . . . Nashville Bar Asssociation COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 For registration after February 24, add a $10 late fee.

PLI and the NBA provide sophisticated programs to Tennessee attorneys through live webcasts held at the NBA Conference Center. Attendees will earn live CLE credit. Registration is free for PLI’s Privileged members. Visit NashvilleBar.org/CLE for course details and to register.

Social Media 2017: Addressing Corporate Risks February 15, 8:00am – 4:00pm 1.0 Dual | 5.2 General Complimentary breakfast included.

Government Investigations 2017: Investigations Arising from Data Breach and Privacy Concerns February 24, 12:30 – 4:00pm 3.0 General Counseling Clients in the Entertainment Industry 2017 (Sound Recordings; Music Publishing) February 28, 8:00am – 4:00pm 6.0 General Complimentary breakfast included.

Wage & Hour Litigation and Compliance 2017 March 1, 8:00am – 4:15pm 1.0 Dual | 5.5 General Complimentary breakfast included.

Ethics in Social Media 2017 March 17, 8:00 – 11:30am

3.0 Dual

Complimentary breakfast included.

Nuts & Bolts of State and Local Tax 2017 March 21, 8:00am – 12:00pm

3.5 General

Complimentary breakfast included.

Advanced State & Local Tax 2017 March 21, 1:00 – 4:00pm

2.7 General

How to Read Financial Statements 2017 March 31, 12:30 – 4:00pm

3.0 General

How to Prepare an Initial Public Offering 2017 April 5, 8:00am – 4:00pm 6.2 General Complimentary breakfast included.

20

NASHVILLE BAR JOURNAL | FEB/MAR 2017

NB A ONLINE SEMINARS P erso n al i ze d Le a r ning on Your Sc hedul e

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The NBA has over 100 online seminars to choose from. Check out NashvilleBar.org/CLE and choose from one of our relevant and focused topics: Appellate Practice Aviation Bankruptcy Business Client Relations Commercial Construction Law Corporate Criminal Law Domestic Relations Employment Environmental Law Ethics & Professionalism Family General Practice State & Local Government Health Law Judges Law Office Management Litigation Personal Injury Practice Management Probate Real Estate Sports

The Passion of the Barrister: An Ethical Lawyer is a Happy Lawyer February 21, 12:00 – 1:00pm

1.0 Dual

The 2017 Ethy Awards February 25, 8:00 – 10:00am

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Attorney, Heal Thyself: The Detection, Treatment and Prevention of Substance Abuse February 28, 12:00 – 1:00pm 1.0 Dual Thou Shalt Not Lie, Cheat & Steal: The Ten Commandments of Legal Ethics March 7, 12:00 – 1:00pm

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Yelp, I’ve Fallen for Social Media and I Can’t LinkedOut: The Ethical Pitfalls of Social Media March 13, 5:00 – 6:00pm 1.0 Dual It’s Not the Fruit, It’s the Root: Getting to the Bottom of Our Ethical Ills March 17, 10:00 – 11:00am

1.0 Dual

Sue Unto Others As You Would Have Them Sue Unto You March 23, 11:00am – 12:00pm 1.0 Dual

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Trial Practice Veterans Administration Workers’ Compensation

Don’t Be A Stupid Cupid: Avoiding Inappropriate Entanglements in the Practice of Law February 14, 12:00 – 1:00pm 1.0 Dual

FEB/MAR 2017 | NASHVILLE BAR JOURNAL

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CLE Easy Passes are non-transferable, and a substitute may not attend for an Easy Pass Holder.

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NASHVILLE BAR JOURNAL | FEB/MAR 2017

The Affinity Program EXCLUSIVE MEMBER SAVINGS ON LOCAL PRODUCTS AND SERVICES

The Affinity Program is a partnership between the NBA and local businesses that fosters a mutually beneficial relationship between the NBA, its members, and participating local businesses. In order to take advantage of these member benefits and to see individual discount information, login to NashvilleBar.org/AffinityProgram and show the business the Affinity Program members-only page.

For details on how to become an Affinity Partner, email NBA_Membership@nashvillebar.org. n

FEB/MAR 2017 | NASHVILLE BAR JOURNAL

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Editorial |

Philip N. Clark

How to Survive a Traffic Stop As a criminal defense attorney and former police officer with over 20 years of experience in law enforcement, I often recognize how my clients’ actions may have elevated a police officer’s suspicions of criminal activity during a routine traffic stop.

Although we, as citizens, generally demonstrate patience and empathy with our family, peers, employer, and even strangers, we typically bypass these virtues when confronted with an interaction involving the police.

To better understand an officer’s perspective during a traffic stop, we must begin with understanding what the officer knows about you from the moment he or she initiates the stop.

The answer is simple, not much. The officer may have an idea of how many people are in the car but cannot be sure until he or she approaches the vehicle. Although general information can be obtained via the license plate number, that information will be based on the registered owner of the car, assuming the registered owner is actually driving. Nevertheless, the officer does not know who you are, where you work, or that you give to the Police Benevolent Fund. They do not know if you have outstanding warrants or if you are armed and dangerous. They do not know if you are a councilperson or a bank robber. They simply know that you rolled through a stop sign, failed to yield,

or were speeding.

Let’s examine a scenario that anyone could find themselves. It’s been a long and stressful day at the office, and it is ten o’clock at night when you finally start to head home. Not only is your family disappointed that you missed dinner, but you have an early court date the following day. While rushing home, you panic as you realize your speed at the exact moment you pass the police car parked in the shadows of the interstate overpass. You slam on the brakes and pull quickly to the side of the road. Knowing the officer will need your license and registration, you quickly begin to fumble through your glove box and scramble to pull your briefcase/purse from the passenger seat or backseat. Although you had the best intentions, you have unknowingly engaged in actions that trigger police suspicion and elevate their sense of danger.

Now, let’s examine this scenario from the officer’s standpoint. As discussed earlier, the officer knows very little about you, other than that you reached a speed of 91 mph when the speed limit is 70 mph. The officer leaves the safety of his/her patrol car and walks along a dark road towards what potentially could be a dangerous person. While approaching your vehi(continued on page 26)

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Editorial |

How to Survive a Traffic Stop (continued from page 25)

cle, the officer’s vision is diminished by the late hour of the night, the tint of your windows, and the lights from oncoming traffic. In trying to determine what threat level you pose, the officer sees you make furtive movements while reaching suspiciously below the front seats and to the backseat—actions that officers are trained to recognize and elevate suspicions of criminal activity. Thus, what the officer sees is a dangerous situation that is getting worse by the second.

Step 1 Having played out the scenario from the perspective of both the officer and the driver, let’s examine what you can do to avoid unnecessary suspicions during a traffic stop. First, if the police activate their blue lights, move cautiously to the right-hand side of the road, unless otherwise directed. There is no need to slam on your brakes and nose dive to the emergency lane; instead, simply turn on your turn signal and pull as far to the right as possible. The police are trained to place their vehicles about

one-half of a car width to the left of your vehicle. This space provides a small safety area for the officer to approach your vehicle without fear of an impact from approaching traffic.

Step 2 Next, roll down your window, leave your lights on, turn on your dome light, and turn off your car. If you keep your license, registration, and proof of insurance handy, place them on your dash.

If you are like most drivers and do not have your documents handy, wait for the officer to approach before attempting to locate the necessary documents.

It is also wise to place your palms on the steering wheel with your fingers extended and spread. This may seem like overkill, but it demonstrates to the officer that your hands are empty, which alleviates an officer’s concerns that you are in immediate possession of a weapon.

Step 3 The last step is very simple; follow the officer’s commands―to the extent

The Historical Committee has completed over 50 oral histories of NBA members!

THANK YOU to VCE Legal Tech for donating time to make this possible!

Nashville, TN 37210 | 615-781-3844 Any NBA member age 65 or older may record an oral history.

For information or to schedule your time, contact Gareth Aden at Gaden@gsrm.com or Hal Hardin at HalHardin@aol.com.

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NASHVILLE BAR JOURNAL | FEB/MAR 2017

that they do not violate your constitutional rights―and give details prior to any actions you make. For example, if you are asked for your license, registration, etc., inform the officer of where you will move your hands to retrieve those items: “Sir, my registration and insurance card are in the glove box. May I open the glovebox to look for them?”

Moreover, in the event an officer behaves unprofessionally, remember that engaging in argumentative behavior with an unprofessional officer will only increase tension, and the possibility of receiving more than a warning or citation. The roadside is not the venue to address the officer’s behavior. Instead, if you believe a formal complaint is warranted, most police departments have an internal investigation unit.

Understanding and practicing the foregoing courtesies will help de-escalate an officer’s concerns of danger, which, in turn, increases your chances of a more pleasant encounter. Many police officers are killed each year in the line of duty on “routine” traffic stops and related arrests. As a result, officers are trained to recognize suspicious behaviors and actions and how to survive an attack. As citizens, a small amount of patience, courtesy, and understanding can go a long way for all parties involved. n PHILIP N. CLARK is a Nashville-based solo practitioner, who focuses his practice on criminal defense. He is a graduate of the Nashville School of Law. Prior to becoming an attorney, Clark served as a Sergeant for the Metro Nashville Police Department as well as a Certified Master Police Instructor for Baghdad Police College. You can reach Clark at 615-397-6983 or Philip@tncriminaldefenseattorney.com.

The Road to Wellness | Tracy Kane

Lean Lawyering in 2017 There’s lots of talk these days about lawyers becoming “lean” and innovating the practice of law. Every day I read articles about law firms using artificial intelligence, adopting legal project management, and hiring pricing specialists or attorneys managing workflows on Kanban boards and mapping legal processes.

These lawyers are not all losing weight (although, they may be trying to do that too), and they’re not just trying to follow Sheryl Sandberg’s advice to “lean in.”

“Lean” is a comprehensive strategy for eliminating waste and increasing the flow of products and services. Lean separates “value adding” from “non-value adding” work, using well-known business and process management tools. Its roots are in manufacturing (think Henry Ford and later the Toyota Production System), and then it was adapted and modified by the introduction of Six Sigma (which focuses on process quality and the elimination of variations and defects from products and services) in the 1980s and 90s. Today, lean principles are being adopted and adapted to a variety of different types of work beyond manufacturing, e.g., logistics and distribution, IT, retail, healthcare, construction, legal services, and even government. Lean is centered on making obvious what adds value by reducing everything else.

I first heard of “lean” about six years ago when a group of software engineers met with me at my office to talk about their software and idea for starting a company. That company is now my employer, and over the years of representing them, I have picked up a few of the principles and attempted to apply them to my work and my practice. For me, learn

list or it may be a complex spreadsheet, flow chart, or Kanban board. Defining, visualizing, and optimizing the processes of your work provides much-needed structure to the intangible nature of knowledge work, which allows individuals, teams, and organizations to improve flow efficiency.

ing lean principles provided the words and structure to a lifestyle I had already been attempting to live (albeit not very effectively). I was using the classic “to do” list, sometimes Excel spreadsheets, and occasionally resorted to over-sized notepads and sticky pads. While these “manual” tools can be used very effectively, today there are many online tools that can also be utilized to even greater effect. Here are a few basics: 1. Make time to make a plan. Many of us today are so busy that we think taking time to plan is a waste of time. I have fallen victim to this type of thinking, but it always proves wrong. Making a plan is good time management generally, but to make it “lean” is to think about not only what to do but how you will do it. Understanding the process will allow you to be proactive in managing your work as well as the work or information to be provided by others.

2. Write the plan. The corollary to making the plan is to put your plan in writing.

Depending on the size, scale, and scope of the work, this may be a simple “to do”

3. Do the plan. Utilizing one or more of the lean tools―e.g., a Kanban board, limiting the amount of work in progress (WIP), and measuring and tracking lead time and cycle time―is a beneficial way to get your work done efficiently and effectively.

4. Continuously improve the plan. An effective lean practice gives the same importance to improvement efforts as to project work. Regularly undertake or hold retrospectives and other forums in a team context to discuss how work is being done, identify opportunities for improvement, and then incorporate those ideas into the next work plan.

Why should you consider adopting lean principles in your individual and team work? Law is a service and like all services, opportunities for waste abound: time getting back “up to speed” on a file; over-processing, reworking or correcting a document; delays obtaining information, signatures, opinions or decisions; and unproductive time spent in meetings.

I have seen the adoption of lean thinking and tools drive performance, profitability, and innovation for lawyers, all of which are critical for a modern law practice, whether you are a solo practitioner, in a large firm, or in-house. Your clients will (continued on page 30)

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2016 Annual Meeting & Banquet On December 8, 2016—at the Music City Center in downtown Nashville—there was more than enough collegiality to go around at the Annual Meeting & Banquet of the Nashville Bar Association. The passing of the gavel from President Joycelyn Stevenson to Presidnet-Elect Nathan Ridley, introduction of the NBA officers for 2017, and awards were all on the agenda for the evening. The NBA was also pleased to annouce that Bill Harbison and Abby Rubenfeld were both recipients of the prestigious 2016 John C. Tune Award. For a complete list of award winners, visit NashvilleBar.org/BanquetAwardWinners. More photos can be found at NashvilleBar.org/PhotoGallery.

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NASHVILLE BAR JOURNAL | FEB/MAR 2017

Editorial |

Historical Committee

Forensic Portraiture Do You Know this Man?

The NBA Historical Committee seeks help identifying a valuable portrait of a man (pictured above) who in all likelihood is related to the Bench or Bar in Nashville.

The members of the Aged and Decrepit Subcommittee of the Historical Committee who were initially consulted on the identity of the man in the portrait only recall the presence of portrait on the wall of the former NBA library in the Stahlman Building in the late 1960s or early 1970s.

The portrait remained on the wall until a member of dubious fine arts ability—in addition to other dubious traits—told Mrs. McKinnon, former librarian and NBA Executive Director, that he could repair minor tears in the portrait and took possession of it. It remained at his home/office/art studio until the early 1980s.

A few years later, Judge George Paine realized it was missing. Judge Paine believed the portrait was the work of an early Nashville portrait painter, Washington Bogart Cooper, and sought permission from then-NBA President Ed Yarbrough to replevy it. Armed with the oral writ, he went with his law clerk, now newly minted Chancellor Bill Young, and took possession of it in 1983.

During its time at the Customs House, it resided in the closet off the chief judge’s conference room. Research revealed that the portrait was buggered up during its alleged restoration.

The subject could not be identified; thus, investigation turned towards the presumed painter. The 1836 records of Washington Bogart Cooper were obtained from Jim Hoobler of the Tennessee State Museum, the foremost authority on Cooper. These records, however, did not indicate a likely candidate among the list of portrait sitters. What is known is the portrait was dated 1836, and that the painter signed it “W. Cooper.”

There is speculation the individual in the portrait could be related to William Frierson Cooper who has no known blood relationship to the Cooper artist. Nonetheless, he was era appropriate, a lawyer in Nashville, a dean of the Vanderbilt Law School, nominated to the Supreme Court of the Confederate States of America—but never sat nor served on the Tennessee Supreme Court from 1878 to 1886. He also received an honorary degree from Yale, owned Riverwood mansion in Nashville, and his half-brother, Duncan Brown Cooper, was notorious in Nashville legal lore for being involved with the killing of U.S. Senator Edward Ward Carmack at the corner of Seventh Avenue (continued on page 30)

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The Road to Wellness | Tracy Kane faster, value-adding service, lean waste, reduced cost and more transparent billing, greater predictability, and improved communication and responsiveness. You will see increased productivity, greater flow of quality work, more time for business development and other pursuits, increased motivation, and professional satisfaction. n

(continued from page 27)

TRACY KANE is General Counsel and Secretary of LeanKit, Inc. She is a longtime member of the Nashville Bar Journal Editorial Committee, co-chair of the NBA Attorney Health & Wellness Committee, and currently serves on the Board of Sister Cities of Nashville. Kane received her B.A. from American University and J.D. from Vanderbilt University, where she was named a Fellow of the Cal Turner Moral Leadership Program.

A Little Bit of “Lean” Vocabulary Flow refers to the manner in which work progresses through a system: “Good” flow describes a system where work moves through steadily and predictably, whereas “bad” flow describes a system in which work stops and starts frequently. To move fast and deliver faster, creating flow is more important than cutting waste.

A Kanban Board is a work and workflow visualization tool that enables you to gain an understanding of your current state of work and make improvements based on observations. Physical Kanban boards typically use sticky notes on a whiteboard to communicate status, progress, and issues. Lean metrics, like WIP, cycle time, and lead time, allow teams using Kanban boards to take their performance to the next level by enabling them to identify specific, actionable areas for improvement.

WIP (work in progress) limits determine the minimum and maximum amount of work that lives in each status of a workflow. Limiting the amount of WIP improves throughput and reduces the amount of work “nearly done” by forcing you to focus on a smaller set of tasks. WIP limits also highlight bottlenecks in a delivery pipeline before a situation becomes dire.

Lead Time measures the total time it takes a piece of work to move through a value stream, from the moment it’s requested to the moment it’s delivered.

Lead time and cycle time are two useful metrics that are similar and easily confused. Both help you understand how long work takes to flow through your value streams, but they measure different subsets of the process.

Cycle Time measures how long it takes a work item to get from point A to point B. Since cycle time can be see better, measured between any two points on the board, it is common for several categories of cycle time to exist on one board (e.g., customer cycle time, development cycle time, QA (quality assurance) cycle time, etc.). n

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NASHVILLE BAR JOURNAL | FEB/MAR 2017

(Forensic... continued from page 29)

and Union Street.

When Judge Paine retired in 2011, the portrait was returned to the NBA where it has resided at the headquarters in storage. Since that time, extensive research has been conducted to determine the subject’s identity by Paul Dewitt at the Metro Courthouse, Richard White at the State Museum, and by Ken Fieth at the Metro Archives. The identity of the man in the portrait as well as the painter remain unknown. All the NBA knows is that at some point, at some time, someone gave this portrait to the NBA for some reason.

If anyone has any ideas as to identity of the man in the portrait, or would like to do further research on this mystery, it would be greatly appreciated and would add to the legacy of the NBA. In fact, the Historical Committee has unanimously voted to give anyone who identifies it a life-time membership in its committee—a treasured mention for anyone’s obituary. To obtain this reward, call David Parker at 615-242-5463, Paul White at 615-255-6441, John Mclemore at 615-255-6441, or George Paine at 615300-5587. n The NBA Historical Committee is the repository for the history of the Nashville Bar Association and has four standing subcommittees: the Memorial Service Committee, the Oral History Committee, the Acquisition Committee, and the Preservation Committee. In addition, the Historical Committee produces a continuing legal education program each year about a high profile event that has happened in the history of the Nashville Bar. The program is free and has always been a huge success. The Historical Committee meets on the second Wednesday of each month. The brown bag lunch begins at 11:30am and the official meeting is from 12:00 to 1:00pm. All meetings include the best possible storytelling.

Welcome New Members!

Congratulations on your new membership! Thank you for joining the NBA and all that it has to offer. We look forward to serving you this year and appreciate your support. Visit NashvilleBar.org or contact Vicki.Shoulders@nashvillebar.org for questions or general information.

2017 NEW MEMBERS Karlene A. Aiken William Allensworth Laura H. Alrutz Jennifer Anglin Steffen Arters Derric J. Augusta John T. Baker Timothy Barker M. Joy Baxter Nicholas T. Beck Gardner B. Bell William B. Belton Ellison M. Berryhill Lodie V. Biggs Mark Blankenship, Jr. Edith Bluhm Aimee Bobbitt Jason Brace Payton Bradford Amanda L. Bradley Bethany Brasher Mahmud A. Brifkani Mark Brooks Madeline Brough Nicholas D. Bulso Amanda L. Busch Rachel S. Byrd Morgan S. Cantey Aaron S. Chaloner Andrew Chen Alisa L. Chestler Amy C. Cho Stacy Clark Macy R. Climo Hannah M. Cole Benjamin T. Conrady Anna Cramer William O. Crosby, III Trisha Culp Margaret L.C. Bay

M. Alejandra Dalton Sadie R. Davis Karl F. Dean Heather A. Derrick Margaret V. Dodson Shelby Dodson J. Cole Dowsley, Jr. Casey Duhart Kaitlyn Dunn Brian R. Epling Joshua Evans Mercedes M. Faulcon Robert T. Femia John Floyd, Jr. Rachel Fuqua Jordan K. Gibson Tanner C. Gibson Julius M. Giles David Goodman Kathleen R. Gordon Evan S. Grant Elizabeth A. Graves William Green Amber Greene Megan A. Gustafson Amber Hatch Debbie Havener Kathryn Held Jessica L. Henderson Heath Henley Johnny Hill, Jr. Michael E. Hill Cameron Himes Joshua L. Hitt Sohnia Hong Kelly M. Horejs Blake Howell William A. Hullender Roseann Hurst Kimberly Ingram

Taylor W. Jenkins Callie K. Jennings Mene S. Jividen Phillip Jones Zachery D. Jones Adelina S. Keenan William J. Kent Aaron R. Klein Bryant Kroll James R. Layman Malcolm Leatherman Mark W. Lenihan Sung J. Lim Shai Littlejohn Grant Luiken Erik C. Lybeck Nate Lykins Brittany Macon Kyle Mallinak Kent M. Marcus Grant Marshall Denise L. Martin Racquel B. Martin Thomas W. Martin Leticia Mason Nathan Mauer David H. Mayer Meredith McGinnis Matthew McGraw Patrick D. McMurtray Anthony Mendenhall Kevin C. Michael Courtney Miller Mitchell Miller Sarah Miller Austin Moore Sara K. Morgan Samuel A. Morris Joseph Morrissey, Jr. Paul W. Moser

Meghan Murphy William H. Neal, III Lynne Neeley John P. Nefflen Daniel L. Nolan, Jr. Herman Norfleet, III Timothy N. O’Connor Ashley Odubeko Kelsie M. Overton Kate M. Patton Julie B. Peak Elizabeth Petterson Donna Phillips Kaya G. Porter Jonah Price Stan Pyrdum Arlene Raines Michael Ransom Kyle Rate Ashley Reed Connie Reed Matthew B. Reeves Mozianio Reliford, III Sabrina Richardson Zach Rickers Matthew Ridley Jim Roberts C. Michael Robinson Richard Rose J.B. Ruhl Harold E. Rushton Katlin A. Ryan Keaton Rye Penny Sanders Lauren Schick Martin Schubert William E. Sckyi Vicki Scruggs Angela Shofner Robert M. Shoptaw

Christy C. Sigler Todd B. Skelton Daniel W. Small, Jr. Katherine E. Smalley Janna E. Smith Ross V. Smith Cathryn L. Sowers Richard Spicer Emma Stephens Behnaz Sulkowski Timothy Sweatman Michael C. Tackeff Jonathan D. Tebbs Jonathan Thomaston Brenda Thompson Gregg Treadway Craig R. Turner Mary M. Turner Cayley Turrin Ashley Upkins Nicholas R. Valenti Jacob C. VanAusdall Shannon D. Walker Adam P. Warren Karla Weber LoriBeth Westbrook Lane O. White Memorie K. White Judy Wiens Sharon Wiggs Bennett J. Wills Brian C. Winfrey Joshua Wood Lisa Woods Samuel C. Wright Roy H. Wyman, Jr. Hokeun Yoon Jane Young Angela Youngberg Adam Zanetis Seth B. Zirkle

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Premier Members

The NBA Premier Membership is a special category that recognizes our members who desire to demonstrate the utmost in commitment and support to NBA programs and services. Contact Vicki.Shoulders@nashvillebar.org for information on how to become a Premier Member.

2017 PREMIER MEMBERS

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Gail Vaughn Ashworth

Hon. Marian Harrison

Andrea Perry

Heidi Barcus

Aubrey Harwell, Jr.

Tracy Powell

Joe Bednarz

Trey Harwell

David Raybin

Joe Bednarz, Jr.

Lisa Helton

Sara Reynolds

Mark Beveridge

Paul Housch

Nathan H. Ridley

Hon. Joe Binkley, Jr.

Margaret Huff

George Rowlett

Jonathan Bobbit

R. Jan Jennings

Kathryn Sasser

Charles Bone

J. Phillip Jones

Carolyn Schott

C. Dewey Branstetter, Jr.

Jordan Keller

Kimberly Silvus

Kenneth Byrd

John Kitch

Eric Smith

Christopher Cardwell

Hon. William Koch, Jr.

Saul Solomon

Kay Caudle

Irwin Kuhn

John Spragens

Mark Chalos

Ed Lanquist, Jr.

Joycelyn Stevenson

William Cheek, III

Andrew Laufman

Michael Stewart

John Clemmons

Thomas Lawless

James Stranch, III

Hon. Patricia Cottrell

Claudia Levy

James Stranch, IV

John Day

Hon. Randal Mashburn

Claire Thomas

Joy Day

Sam McAllester, III

Hon. Aleta Trauger

Karl Dean

Hon. Amanda McClendon

Howard Vogel

Robert Dempsey

Rocky McElhaney, II

Michael Wall

Jacqueline Dixon

Bob Mendes

Elizabeth Washko

David Downard

Jeffrey Mobley

Jim Weatherly, Jr.

Blair Durham

Margaret Moore

Peter Weiss

John Floyd

Marlene Moses

Thomas White

Keith Frazier

Patricia Head Moskal

Larry Williams

Grant Glassford

Michael Mossman

Thomas Wiseman, III

Richard Green

Mattison Painter

Ed Yarbrough

John Griffin, Jr.

Rose Palermo

Stephen Young

Jay Harbison

David Parsons

William Harbison

Gregory Pease

NASHVILLE BAR JOURNAL | FEB/MAR 2017

Thank you for supporting your local bar association!

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 have 100% of their Nashville attorneys as members of the NBA. Members will be listed on NashvilleBar. org/100%Club, in the Nashville Bar Journal, and in our annual Attorney Directory. To become part of NBA’s 100% Club, contact Vicki.Shoulders@nashvillebar.org and support your local bar association today!

Aaron | Sanders, PLLC (3)

Baker Donelson (103)

Keller, Turner, Ruth, Andrews & Ghanem, PLLC (6)

Bone McAllester Norton, PLLC (38)

Larry R. Williams, PLLC (3)

Patterson Intellectual Property Law, PC (17)

Branstetter, Stranch & Jennings, PLLC (15)

Law Offices of John Day, PC (6)

Raybin & Weissman, PC (6)

Leader, Bulso & Nolan, PLC (5)

Reid Leitner Law Group, PLLC (3)

Brewer, Krause, Brooks & Chastain, PLLC (12)

Leitner, Williams, Dooley & Napolitan, PLLC (10)

Reno & Cavanaugh, PLLC (8) Riley, Warnock & Jacobson, PLC (18)

Buffaloe & Vallejo, PLC (4)

Levine, Orr & Geracioti, PLLC (6)

Robinson, Reagan & Young, PLLC (4)

Burrow Lee, PLLC (3)

Lewis Thomason (28)

Rudy Winstead Turner, PLLC (3)

Cheadle Law (4) Cornelius & Collins, LLP (17)

Lieff, Cabraser, Heimann & Bernstein, LLP (4)

Shackelford, Bowen, McKinley & Norton, LLP (7)

Dickinson Wright, PLLC (30)

Littler Mendelson, PC (8)

Dobbins, Venick, Kuhn & Byassee, PLLC (3)

Loeb & Loeb, LLP (5)

Sherrard Roe Voigt & Harbison, PLC (34)

Parker & Crofford (7)

Smythe Huff & Hayden, PC (4)

Dodson Parker Behm & Capparella, PC (10)

Martin Heller Potempa & Sheppard, PLLC (6) McAngus Goudelock & Courie, LLC (7)

Stites & Harbison, PLLC

Evans, Jones & Reynolds, PC (6)

MTR Family Law, PLLC (5)

Trauger & Tuke (5)

Farrar | Wright, PLLC (3)

Nashville Electric Service (4)

Veazey & Tucker (3)

FordHarrison LLP (3)

Neal & Harwell, PLC (31)

Watkins & McNeilly, PLLC (11)

Frost Brown Todd, LLC (27)

Waypoint Law, PLLC (3)

Grissim & Hodges (3)

Nelson, Mullins, Riley & Scarborough (14)

Hawkins Hogan, PLC (3)

North, Pursell & Ramos, PLC (8)

Healthcare Realty Trust, Inc. (3)

Ortale Kelley (23)

Spicer Rudstrom, PLLC (13)

Weatherly, McNally & Dixon, PLC (3) Wiseman Ashworth Law Group, PLC (7)

FEB/MAR 2017 | NASHVILLE BAR JOURNAL

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Hearsay | Honors & Awards, On the Move, Firm News H ONORS & AWARDS Alé Dalton, an associate at Bradley Arant Boult Cummings LLP, has been chosen to serve on the Hispanic National Bar Association’s (HNBA) 2016-2017 Latina Commission. HNBA focuses its efforts on remedying barriers to entry and advancement for Latina lawyers.

Dalton, who was appointed by HNBA President Pedro J. Torres-Diaz, is one of only nine delegates nationwide. Her term runs through September 2017, at which point she is eligible for a second one-year term.

Harlan Dodson, shareholder at Dodson Parker Behm & Capparella, PC, has been inaugurated as a Fellow of the Tennessee Bar Foundation, an association of 841 attorneys across the state. Invitations to membership were extended to 31 attorneys this year by the Board of Trustees. Dodson focuses his practice on business advice, real estate law, and estate planning.

Burke Keaty has been named a shareholder at Law Offices of John Day, PC. Keaty focuses his practice on helping victims of negligent driving and other careless conduct resulting in personal injury and wrongful death. He graduated from the University of Tennessee College of Law in 2008.

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Emily Shouse, shareholder at Patterson Intellectual Property Law, has been elected secretary of the Tennessee Supreme Court Historical Society. The organization was created in 1995 to preserve the records and history of the Tennessee Supreme Court and other courts of Tennessee, to keep these records accessible for all Tennesseans, and to educate residents of the state about the rule of law and the vital importance of an independent judiciary in ensuring appropriate checks and balances in our form of government.and technology.

Casey Summar has been elected to the Americans for the Arts’ Advisory Council for the Private Sector Counsel. Summar will advise Americans for the Arts’ staff on developing programs and services and will work with fellow art leaders to develop and implement private-sector advocacy programs and serve as leaders to other local arts agencies seeking to connect with the private sector.

Bradley Arant Boult Cummings LLP is pleased to announce the firm has elevated two attorneys in its Nashville office to partner, Travis G. Lloyd and Junaid Odubeko.

Travis Lloyd provides counsel to a broad range of healthcare industry clients on a wide variety of regulatory matters and business transactions. He

NASHVILLE BAR JOURNAL | FEB/MAR 2017

has significant experience in the areas of fraud and abuse, health information privacy and security, provider enrollment and reimbursement, and medical staff affairs, as well as in the licensure and accreditation of healthcare facilities.

He earned his J.D. (magna cum laude) from Georgia State University College of Law. He also holds a master’s degree from Harvard University and a Bachelor of Science (cum laude) from Davidson College.

Junaid Odubeko represents clients in complex commercial and business litigation. He also represents clients before administrative, regulatory, and municipal boards on issues including healthcare, utilities, zoning, and land use. He is admitted to practice before the Tennessee state courts as well as the U.S. District Courts of the Middle and Western Districts of Tennessee. Odubeko earned his J.D. from Vanderbilt University Law School and his Bachelor of Arts from the University of Tennessee – Knoxville.

O N TH E M OV E Blind Akrawi has been named a Member at Neal & Harwell, PLC. Akrawi focuses on representing clients in civil and criminal litigation, including healthcare fraud, environmental law, corporate investigations, utility regulations, and contract matters. He is a 2015 Fellow of the Leadership Counsel on Legal Diversity and a member of the Tennessee Bar Association Leadership Law class.

Blake Bratcher has joined Freeman and Fuson. Before joining the firm, he served as a staff attorney for the Tennessee State Trial Courts and an assistant district attorney for the 20th Judicial District in Nashville. Bratcher’s practice will be devoted to criminal defense, civil litigation, crisis management, business formation and litigation, and professional license revocation defense.

Jordan K. Gibson has joined Hall Booth Smith, PC as a new associate to their Nashville office. Gibson completed her J.D. (cum laude) from Belmont University College of Law. While at Belmont, she worked as a summer associate at HBS and interned at the Davidson County Chancery Court with the Honorable Claudia Bonnyman. Gibson also served as the president of the Board of Advocates, participated in National Moot Court, and served as an editor of The Law Review.

John Paul Nefflen has joined Shackelford, Bowen, McKinley & Norton, LLP as a partner in its Nashville office. Nefflen is a respected commercial litigator with significant experience in complex business litigation. He also represents recording artists and management and entertainment industry executives in contract and intellectual property disputes. Nefflen is a member of the Friends of the Arts at Belmont and has served on the Board of Directors for Safe Haven Family Shelter for three years, where he will begin serving as the Board president in January 2017.

Jim Vowell, of Vowell & Jennings, Inc., has retired after 43 years in the court reporting profession.

He had a rewarding and fulfilling career working with many outstanding attorneys from around the country. He jokes that some were “notwithstanding” and is quick to add that the best were from right here in Nashville. In March 2014, the firm—first to donate time to the NBA’s Oral History Project—joined Huseby, Inc., a national reporting firm, and became Vowell, Jennings & Huseby. In 2016, the name was shortened to Huseby, Inc. Jim can be reached at jlvowell@aol.com or 615478-2588.

FI R M N E WS Baker Donelson has officially merged with Baltimore-based Ober/Kaler, resulting in one of the 50 largest law firms in the country. The combined firm boasts more than 800 attorneys and advisors across 25 offices in 10 states and Washington, D.C. Baker Donelson is also pleased to announce the addition of four new associates to its Nashville office (pictured below left to right): Aaron Chaloner, Macy Cullison Climo, Hannah McSween Cole, and Michael Shoptaw.

LAWYER REFERRAL & INFORMATION SERVICE

Join the NBA LRIS—the exclusive referral service for the Nashville Bar Association—and your practice will benefit from our unique marketing and advertising programs. In addition to our online presence—which attracts clients nationwide—LRIS receives client referrals through a variety of sources including the courts, Office of the Attorney General, employee assistance programs, other bar associations, and the Social Security Administration.

In 2016, LRIS member attorneys collected almost $740,000 in fees generated by referrals from the LRIS program. For information on joining the NBA LRIS, contact Wendy.Cozby@nashvillebar. org or visit NashvilleBar.org/ LRISAttorneyRegistration.

THE EXCLUSIVE REFERRAL SERVICE FOR THE NBA

FEB/MAR 2017 | NASHVILLE BAR JOURNAL

35

Classifieds OF F I CE S PACE

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THOMAS F. BLOOM, J.D. (Emory, 1977) 615.260.5952 | BloomAppeals.com

JOB OP P ORTUNITY Estate Planning Attorney Progressive law firm with a strong history of community service seeks attorney for estate planning and related work.

With 25 attorneys, English, Lucas, Priest and Owsley, LLP, is a large enough firm to offer strong benefits and a collegial atmosphere—but not so big that your accomplishments will be overlooked.

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Retained by attorneys throughout the State for over 30 years to draft briefs and/or argue cases in over 300 appeals, State and Federal.

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with all of the amenities you’ll need on a daily basis, and even more available in Nashville, only 45 minutes away.

We encourage community involvement and honor flexible work schedules to fit the needs of our attorneys. We’re seeking an attorney with four or more years of extensive and substantial experience in the following practice areas: • Estate planning, probate, and trust administration for large and/or taxable estates

• Tax law, especially as it relates to estate planning, trusts, and probate • Business formation and succession planning • Prenuptial agreements • A significant book of business is not required • While not required, a CPA or LLM is a plus Submit a cover letter and resume to our Managing Partner, Bob Young, at byoung@elpolaw.com.

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36

NASHVILLE BAR JOURNAL | FEB/MAR 2017

Congratulates

ERIN PALMER POLLY

on her election as president of the Nashville Bar Association for 2018.

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