Nashville Bar Journal | October/November 2020 by Nashville Bar Association

OCTOBER/NOVEMBER 2020 | VOLUME 20 | NO. 5

FEATURE

The History of African American Law Schools in Nashville

ALSO

A Lawyer’s Recipe for 2020 Lemonade A Generation’s Inheritance Embracing the Change

A Safer, Stronger Nashville A vibrant legal community strengthens the fabric of a city. That’s the work of the Nashville Bar Association and why we’re proud to invest in its community building mission. We’re also excited to support bar association members like you with business credit and cash management solutions that help you build the bottom line at your practice.

Herman Hicks Private Client Relationship Manager First Horizon Bank 511 Union St. • Nashville, TN 37219 (615) 734-6186 • hahicks@firsthorizon.com

Official Bank Partner of the Nashville Bar Association

FE ATU R E

The History of African American Law Schools in Nashville

OCTOBER/NOVEMBER 2020 | VOLUME 20 | NO. 5

David S. Ewing

DEPA R TM E N TS

From the President

Laura Baker

Calendar of Events

Hear Ye, Hear Ye

Fall Memorial Service Family Zoo Day Membership Renewals NBF Grant Applications Virtual Annual Meeting

19 Photo Gallery 34 Hearsay 36 100% Club 38

A Lawyer’s Recipe for 2020 Lemonade Andra Hedrick

25 A Generation’s Inheritance: The Largest Wealth Transfer in History & Its Impact on Local Firms

Noel Bagwell

the Change: Benefits of Remote 29 Embracing Practice

Cody Galaher

CLE Schedule

C O L UMNS

Background Check 11 Bart Pickett Gadget of the Month 17 Bill Ramsey & Phillip Hampton Capitol Notes 27 Peggy Sue, the Beagle Hound

OCT/NOV 2020 | NASHVILLE BAR JOURNAL

FROM THE PRESIDENT

Gratitude | Laura Baker LAURA BAKER, Publisher WILLIAM T. RAMSEY, Editor-in-Chief CAROLINE E. SAPP, Managing Editor LAUREN POOLE, Managing Editor JILL PRESLEY, Layout/Design/Production

EDITORIAL COMMITTEE RAMONA DESALVO TIM ISHII KELLY FREY SUMMER MELTON ROB MARTIN BRUCE PHILLIPS BART PICKETT KRISTIN THOMAS JONATHAN WARDLE CRAIG WEBB ELEANOR WETZEL NASHVILLE BAR JOURNAL (ISSN1548-7113) (USPS 021-962) is published bi-monthly by the Nashville Bar Association, 150 4th Ave N, Ste 1350, Nashville, TN 37219. Periodicals Postage Paid at Nashville TN. POSTMASTER: Send address changes to Nashville Bar Journal, 150 4th Ave N, Ste 1350, 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. The Nashville Bar Journal welcomes discourse. You may submit counterpoint editorials to Jill.Presley@ nashvillebar.org to be considered by the editorial committee for publication in a future print or online content. NASHVILLE BAR ASSOCIATION 150 4th Ave N, Ste 1350 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. Our mission is to improve the practice of law through education, service, and fellowship. The NBA—with 2,500+ members—is the largest metropolitan bar association in Tennessee.

As 2020 comes to an end, I am grateful for the unquestionable strength and character of our NBA community. Together, we have faced a tornado disaster and a global pandemic. We have seen widespread social unrest and protests for racial justice. In this tumultuous and challenging year, many NBA members have reached out to express support and encouragement. Most have voiced some form of the phrase, “I know this isn’t what you expected for your time as president.” This year has not been what I expected, or what anyone expected for that matter. But, in a year filled with the unexpected, I have never been more grateful to be part of this group of lawyers, judges, law students, and legal professionals who have banded together to serve one another and the public. When a tornado hit Nashville in March, the NBA joined the legal aid community and other bar associations to respond to the legal needs of survivors. We communicated pro bono opportunities to our members, recruited volunteer lawyers, and organized free training to educate volunteers on the unique legal needs of survivors. In close succession, the COVID-19 outbreak was declared a pandemic. The NBA made it our priority to build communication channels to keep our members informed of changing court procedures through Courthouse News emails and a series of virtual Town Hall meetings with our local judges and elected officials. The economic challenges of the pandemic led our members to again provide critical pro bono legal services, including participating in pro bono legal clinics for the Legal Aid Society, and organizing a series of Small Business Legal Clinics with the Tennessee Alliance for Legal Services for businesses facing economic disaster. Once again, the NBA provided free training to lawyer volunteers. Due to social distancing guidelines, the NBA transitioned our planned celebration of the 100th anniversary of the 19th Amendment and our Law Day program to a combined virtual event. With the support of more than 100 Suffragists and more than 200 registrants, our first entirely virtual multi-part program was a resounding success. The NBA Board spoke out against acts of violence perpetuated against people of color and racial injustice and committed to accelerate action towards lasting change. Putting our words into action, I formed a new board committee on race and equity to confront racism and discrimination and work towards greater equity and inclusion in the legal profession. On the recommendation of the Race and Equity Committee, the board approved the filing of a Petition to Modify Tenn. Sup. Ct. R. 21 to require bias elimination training on an annual basis, a measure aimed at increasing awareness of racial disparities and discrimination and encouraging broader participation in the fight against racial inequality in our profession. The NBA Board is also participating in a 21-Day Racial Equity Habit-Building Challenge to grow our understanding of the intersections of race, power, privilege, and oppression. This year, it would be understandable to be overcome with a sense of helplessness. This is when the value and strength of the NBA is most critical to our members and our community. I am grateful for the opportunity to have led the NBA through this turbulent year, and even more grateful for our members’ engagement and commitment to continuing our common goal of improving the practice of law through education, service, and fellowship. n

NASHVILLE BAR JOURNAL | OCT/NOV 2020

NashvilleBar.org/ Calendar of Events | Full calendar online at NashvilleBar.org.

OCTOBER 2020 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

NOTE: Per CDC guidelines, all meetings will be held via video/conference call until further notice. Please check NashvilleBar.org/Calendar for the latest updates.

F R I D AY

CLE Committee Mtg 11:30am | via Zoom

NBA Board Mtg 4:00pm | via Zoom Dial-A-Lawyer 6:00-8:00pm

6 NBF Trustees Mtg 12:00pm | via Zoom

7 Historical Committee Mtg 11:30am | via Zoom NALS Mtg 12:00pm | via Zoom

NBJ Editorial Committee Mtg 12:00pm | via Zoom Diversity Committee Mtg 12:00pm | via Zoom Finance/Executive Committee Mtg 4:00pm/4:45pm | via Zoom

Memorial Service Committee Mtg 12:00pm | via Zoom

YLD Annual Mtg | 5:30pm | TBD

NOVEMBER 2020 M O N D AY

T U E S D AY

NBA Board Mtg 4:00pm | via Zoom

W E D N E S D AY

T H U R S D AY

F R I D AY

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

4 Historical Committee Mtg 11:30am | via Zoom NALS Mtg | 12:00pm | via Zoom

11 Fall Memorial Service 10:00am | via Zoom

Finance/Executive Committee Mtg 4:00pm/4:45pm | via Zoom

THANKSGIVING DAY

DAY AFTER THANKSGIVING

Holiday | NBA Office Closed

OCT/NOV 2020 | NASHVILLE BAR JOURNAL

Hear Ye, Hear Ye | 2020 NBA BOARD OF DIRECTORS LAURA BAKER, President MICHAEL ABELOW, President-Elect BRANT PHILLIPS, First Vice President TRACY KANE, Second Vice President BART PICKETT, Secretary JEFF ALLEN, Treasurer JUSTIN CAMPBELL, Assistant Treasurer GILBERT SCHUETTE, YLD President LELA HOLLABAUGH, General Counsel LAURA SMITH, Immediate Past President

Events of Interest

Family Zoo Day

Gather with your lawyer friends and their families on Saturday, October 24, for our Family Zoo Day at the Nashville Zoo. Visit the NBA table between 10:00am and 12:00pm to pick up your tickets and complimentary treats provided by our sponsor Gullett, Sanford, Robinson & Martin. Tickets must be picked up no later than 12:00pm. Please note that the Zoo will be requiring masks and is accepting credit cards only (no cash). Visit NashvilleBar.org/ZooDay to learn more! n

LYNNE INGRAM, First Vice President-Elect DANIEL BEREXA, Second Vice President-Elect HON. MELISSA BLACKBURN BRIGID CARPENTER RAQUEL L. EVE OLUYEMO LORA BARKENBUS FOX MARY TAYLOR GALLAGHER JEFF GIBSON WILLIAM “PAZ” HAYNES MARTESHA JOHNSON HON. ELLEN HOBBS LYLE MARLENE ESKIND MOSES JUNAID ODUBEKO LIZ SITGREAVES

Membership Renewals

It’s time to renew your membership! The 2020 membership year ends on Saturday, October 31. You may renew online at NashvilleBar.org/Renew (it only takes a few minutes!) or by contacting Vicki at Vicki.Shoulders@nashvillebar.org or 615-242-9272. If your firm is part of Firm Billing with the NBA, please check with your administrator before renewing online. Thank you for your continued support and membership! n

ERIC SMITH DARKENYA WALLER LUTHER WRIGHT, JR. HON. BILL YOUNG GULAM ZADE STEPHEN ZRALEK

NBA TEAM MONICA MACKIE, Executive Director SHIRLEY CLAY, Finance Coordinator CAMERON GEARLDS, CLE Coordinator TRACI HOLLANDSWORTH, Programs & Events Coordinator JILL PRESLEY, Marketing & Communications Director VICKI SHOULDERS, Membership Coordinator, Office Manager

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

Virtual Fall Memorial Service

Our Fall Memorial Service will be held on Thursday, November 19, via Zoom. The service begins at 11:00am. Stay tuned to upcoming NBA Weekly Update emails and NashvilleBar.org/MemorialService for a list of those who will be honored. A project of the NBA’s Historical Committee, the memorial service honors the memory of those Nashville lawyers and judges who have recently passed away. n

NASHVILLE BAR JOURNAL | OCT/NOV 2020

Nashville Bar Foundation Grant Applications

The Nashville Bar Foundation is now accepting grant applications for 2020. If you know of any 501(c)(3) organizations that may be eligible for a Foundation Grant, please spread the word. View grant eligibility and application guidelines at NashvilleBar.org/NBFGrantGuidelines. The Foundation will allocate funding each budget year on the basis of written applications in a format prescribed by the Foundation. Grant applications can be found at NashvilleBar.org/NBFGrantApplication and are due in mid-January. Watch your NBA Weekly Update for further information. n

Welcome to the NBA! Congratulations on your membershipâ&#x20AC;&#x201D;thank you for joining the NBA! We look forward to serving you this year and appreciate your support. Visit NashvilleBar.org or contact Vicki. Shoulders@nashvillebar.org with questions or to learn more.

NEW MEMBERS (JULY 1 - AUGUST 31) Kevin Francese Lauren Irwin Elizabeth Kimbrough William McSeveney Samantha Ross

Save the Date! NBA Annual Meeting Goes Virtual

Lasa Rucker Maria Stewart

Gather round and join us virtually on Wednesday, December 9, for our Annual Meeting via Zoom. Watch your NBA Weekly Update for details! n

2019 Annual Banquet Highlights

OCT/NOV 2020 | NASHVILLE BAR JOURNAL

Feature Story | David S. Ewing

NASHVILLE BAR JOURNAL | OCT/NOV 2020

The History of African American Law Schools in Nashville

Nashville has been known for almost two centuries as the “Athens of the South” due to its large number of institutions of higher education. Lost in this history, however, are the three African American law schools that trained and educated many lawyers who impacted Tennessee and the entire nation— Central Tennessee College (1879-1917), Kent College of Law (1933-1941), and the Tennessee Evening Law School (19551958). These law schools all served to educate African American lawyers when other local law schools like Cumberland University, Vanderbilt University, and the Nashville School of Law all denied their admission. Their graduates include such notables as a member of the Tennessee House of Representatives, the first African American woman lawyer in the US, and a lawyer who won a landmark case in front of the US Supreme Court. Central Tennessee College Law School When Central Tennessee College established its law school, an African American in Tennessee could only become a lawyer by attending a law school for African Americans (like JC Napier, who graduated from Howard University Law School in 1872) or by becoming an apprentice under a current member of the bar (as did Prince Albert Ewing, who studied under white Nashville lawyer Edward Baxter). In 1871, Ewing became the first African American lawyer in Nashville. Central Tennessee College was started by the Methodist Episcopal Church in Nashville in 1867 to educate formerly enslaved people. The school purchased land near Lafayette, where Cameron School is today, to start an undergraduate college. In 1876, the college added a Medical Department,

called Meharry Medical College. A law school was established three years later. The two-year program was the first law school for African Americans in the South, and only the seventh in the US. The law school catalog promoted its location because students could observe courts on every level and use the Tennessee State Law Library in the Capitol. Another benefit was the “diploma privilege rule,” whereby any graduate of a law school in Tennessee could become a lawyer without a written examination, upon approval by a court.1 In its first 25 years, Central graduated 65 lawyers who mainly practiced law in the South. The law school closed in 1917, and the entire university closed in 1925. Some of the law school’s notable graduates include Lutie Lytle, Freeman Ransom, Noah Parden, Samuel McElwee, and George Vaughn. Lytle graduated as the valedictorian in 1897, and she became the first woman to be licensed to practice law in Tennessee. However, Judge Anderson in Nashville denied her admission to the bar, thinking the Tennessee Supreme Court would not allow women to be lawyers because they could not be notaries. Lytle then applied to Judge LP Cooper in Memphis, who accepted her to the bar. She became the first woman to practice law in Tennessee, the first African American woman lawyer in the US, and the first woman law professor in the country when she later joined the faculty at Central. Freeman Ransom graduated from Central in 1908, and was Madam CJ Walker’s lawyer and general manager from 1918-1947. Walker was the first self-made African American woman millionaire and created one of the first African Ameri(continued on page 8) (continued on page 00)

OCT/NOV 2020 | NASHVILLE BAR JOURNAL

Feature Story | can brands. Noah Parden graduated from Central in 1891 and became one of Tennessee’s top criminal defense attorneys, representing 236 people accused of murder. His most high-profile case involved Ed Johnson, an African American man from Chattanooga who was accused of murder and sentenced to death. Parden made an emergency appeal to the US Supreme Court and was admitted to its bar in 1906. He was the first African American to make an oral argument to a member of the US Supreme Court—Justice John Marshall Harlan granted a stay of execution when Parden personally appeared in Harlan’s chambers. This became the first US Supreme Court case that applied the 14th Amendment to African Americans, and the Court granted a stay of execution. Sadly, after the stay was issued, Johnson was taken out of jail by a mob and hung from Walnut Street Bridge in Chattanooga.2 Parden left Tennessee after the case due to numerous threats on his life. Samuel McElwee was elected to the Tennessee House of Representatives in 1882, and while serving in that role attended law school at Central, where he graduated as valedictorian. McElwee was the Republican nominee for Speaker of the House and served as the temporary Chairman of the Tennessee Republican Convention and as a delegate to the Republican National Convention in 1884. George Vaughn graduated from Central and later moved to St. Louis where he became the first president of the African American Bar Association. He is best known for representing JD Shelley, an African American who purchased a home with a race-based

The History of African American Law Schools (continued from page 7)

restrictive covenant. The Missouri Supreme Court upheld the covenant and eviction, which led to Vaughn winning the landmark US Supreme Court case that struck down racial covenants in real estate.3 Kent Law School Z Alexander Looby opened the Kent Law School in 1932. Looby graduated from Columbia University Law School in 1925, and in 1926, he was

one of the first African Americans to receive a Doctor of Juridical Science degree, the highest academic degree awarded in law. He moved to Nashville and achieved the highest score on the Tennessee Bar Exam in 1928. He was one of the leading civil rights lawyers in the South, bringing lawsuits based on discrimination in housing, education, employment, and public accommodations. He worked with Thurgood Marshall multiple times, including the famous Columbia Race Riot case. He also successfully sued the Nashville School Board in 1957, when Nashville

NASHVILLE BAR JOURNAL | OCT/NOV 2020

schools remained segregated three years after Brown v. Board of Education; and he represented John Lewis and the other nonviolent protestors of the lunch counter sit-ins. Looby wished to increase the numbers of African American lawyers in Tennessee. In the 1930s there were only four African Americans with an active practice in Nashville, a city with a population of 40,000. Despite the low numbers of African American lawyers in Nashville, the National Bar Association held their national convention in Nashville in 1935 based on Looby’s leadership and the attention of the new law school. Looby operated the Kent Law School in his office on 4th Avenue, as a night school open to both men and women. The school offered a two-year program that gave its graduates a certificate that made them eligible to take the Tennessee Bar Exam, and a three-year program that awarded a LLB degree. Looby closed the school in 1941, when the Tennessee Supreme Court made two years of college a requirement for the study of law, along with 720 hours of training. Looby was also concerned that other Tennessee law schools would use his school as an excuse to not integrate. During the nine years it was open, 88 people attended Kent Law School. Notable graduates include Robert Lillard and Vernette Grimes. Lillard was elected to the Nashville City Council along with Looby in 1951, becoming the first African Americans to serve on the city council since JC Napier in 1911. Lillard was also the first African American to serve on the Board of Directors of the Nashville Bar Association, in (continued on page 24)

Editorial |

Andra Hedrick

A Lawyer’s Recipe for 2020 Lemonade I’ve been thinking a lot lately about how different life is today for a lawyer versus life as we knew it a year ago. It’s 8:10am on a Friday. I am in my office, which is little more than a hallway nook upstairs at my house. There I keep a desk, chair, tablet computer, extra monitor, scanner, printer, and some office supply odds and ends. The Wi-Fi is adequate but could be better. I’m still in the clothes I wore to bed last night. There is a smudge of peanut butter on my shirt from this morning’s breakfast. I’m thinking about brushing my teeth but waiting until the coffee cup is empty to actually go do it. The neighbor is firing up his lawnmower, yet again, for my listening enjoyment. My dog , Archie, is curled up in his bed under my desk, snoring away. The rest of the day, I will sit up here alone at this desk (well, actually with Archie, so I’m never technically alone). I will type, stop for a snack, type some more, stop for another snack, and then type a little more for good measure. I may get a call from someone who does not like to do email. And at 3:00pm, I’ll do a video conference with one of my oldest and dearest clients. I don’t remember exactly what I was doing a year ago

today, but I can imagine it must have been a very different scene. On a typical Friday morning at 8:10am, I would probably be at my office on the 17th floor of the Pinnacle building in downtown Nashville. I would be counting the construction cranes from my window, and maybe even complaining like an old curmudgeon about the noise blaring from the honky-tonks and pedal taverns below. Friday is motion day. So I’d probably be dressed in uncomfortable clothes, taking in final sips of coffee for inspiration, and looking over the paperwork for the motion I’d be arguing later that morning. Soon I would be slipping off my comfy shoes and squeezing into my not so comfy court shoes, a la my childhood hero Mister Rogers. It would be time to head up the hill to the courthouse to do some lawyering. That would burn half of the day at least, and after grabbing a bite to eat, I would return to the office to take some steps up the mountain of calls, emails, and draft documents that still need my attention. I might even have an in-person meeting scheduled with a client that afternoon. That’s what lawyering looked like to me back in 2019. (continued on page 12)

OCT/NOV 2020 | NASHVILLE BAR JOURNAL

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.

AUG/SEP GOLDEN OLDIES

It must be 2020. No one was able to identify the individuals in last issue’s photo. From left to right: Mary Frances Lyle, John Chambers, Gregg Ramos, and Dewees Berry.

NBA + NBF Golf Tournament Winners Thank you to everyone that played in the golf tournament on September 17 at the Vanderbilt Legends Club. It was a beautiful day! Thank you to our Sponsors! Bass Berry & Sims First Horizon Bank Sherrard Roe Voigt & Harbison Sims|Funk Thomas Lawless & Associates Varallo Public Relations Tournament Winners, Contests Closest to the Pin – Bart Boozer Longest Drive (female) – Audrey Anderson Longest Drive (male) – Wes Wade Straightest Drive – Kevin Howard

NASHVILLE BAR JOURNAL | OCT/NOV 2020

Tournament Winners, 1st Flight 1st Place – Jeff Gibson, Jay Knight, John Eason, Dave Mayer nd 2 Place – Beau Creson, Jimmy Maners, Charlie Malone, Roe Moore rd 3 Place – Scott Sims, Brett Carter, Jeff Switzer Tournament Winners, 2nd Flight 1 Place – Isaac Sanders, Cory Nellis, Nathan Sanders, Trey Reilford 2nd Place – Rob Hazard, Matt Haskell, William Scales, Tom McFarland 3rd Place – David Wicker, Matt Roberts, Michael Schwegler, Kevin Howard st

BACKGROUND CHECK

Frank Grace, Jr. | Bart Pickett

One of the septarian statesmen of the NBA, Frank Grace, Jr., hails from Ann Arbor, Michigan. His father, originally from Baxter, Tennessee, received his BA in political science from Vanderbilt, and after a couple of stops, wound up north to teach at the University of Michigan. It’s no surprise then that both universities played a part in his son’s education. Frank Grace, Jr. attended the University of Michigan, where he studied political science and served in the Naval ROTC. In May of 1965, Frank graduated from college, married his high school sweetheart, and was commissioned in the US Marine Corps. During his military tenure, he served overseas, including stints in Cuba, Japan, and Vietnam. With his three-year obligation coming to an end, Frank had to decide what to do next. With a wife and family back home, he decided the practice of law seemed like a practical way to care for them. Growing up, Frank had spent time every summer in Middle Tennessee. That familiarity—combined with his father’s undergraduate studies and an aunt who taught at Vanderbilt—led him to its law school in 1968. During his legal studies, Frank landed a clerkship with the precursor to the local firm, Willis & Knight.

Following Frank’s graduation in 1971, he joined the firm full-time. He started his practice like most young lawyers at the time—doing a little bit of everything. For a time, he represented the first condo and PUD developer in town and saw his career going down a real estate path. Unfortunately, that client filed for bankruptcy in 1977, and Frank found himself having to pivot his focus. He started representing a local nonprofit, Nashville Memorial Hospital. He advised them on day-to-day operations and did liability defense work for them. That defense work led to connections with an insurance company that insured several area hospitals. Suddenly, the former real estate lawyer had become a healthcare lawyer focused on litigation and regulatory matters. In 1994, Memorial Hospital was sold and Frank lost that client, too. Banking on the connections he had made during his career, he called some friends at Waller and carried his practice there. He retired from the legal practice on January 1, 2011, but his contributions to our profession have continued. Frank has a fondness for the NBA. He’s been an active member since the start of his career and served as NBA president in 1984. He now focuses his efforts on the Historical Committee and its Memorial Subcommittee, both of which meet monthly and put on various CLEs and events. He encourages all lawyers to get involved in the bar and use it to network and meet other lawyers. With specializations and the smaller Friday court dockets, lawyers have fewer opportunities to connect. According to Frank, the outward practice of law has changed in almost every aspect since he started—the advent of new practice areas, alter-

native dispute resolution, computers, and formalized rules of procedure and evidence all affected the practice. The basic skills and abilities to practice have not changed, however, so lawyers must continue to adapt. Frank currently serves as the chair of The Memorial Foundation which was created following the sale of the nonprofit hospital. The Memorial Foundation provides funds to various local nonprofits which to date equal over $170 million. Frank met his wife Karol in seventh grade. The couple live in a retirement community in Burton Hills, where he uses his talents as president of their residents’ council. Karol is a retired teacher-turned-librarian-turned-interior designer. They have two adult children and six grandchildren. In his free-time, Frank enjoys reading, particularly political history. He also can be found walking for exercise and enriching his mind through Vanderbilt’s lifelong learning courses. Frank has no regrets for choosing the law—it provided a great career for him and connected him to many people. For more information on his practice, check out his oral history (and the oral histories of other senior members of the bar) at NashvilleBar.org/OralHistories. 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 in litigation 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.

OCT/NOV 2020 | NASHVILLE BAR JOURNAL

Editorial |

A Lawyer’s Recipe for 2020 Lemonade (continued from page 9)

Archie thinks 2020 is the best year ever. And why shouldn’t he? His favorite people are home with him most days and nights, and he has not a care in the world. But for most of us 2020 is pretty rough, and not worthy of high marks on a Yelp review. We have much to worry about in 2020—from health and safety and the economy to political unrest and social justice. It is all so heavy…and exhausting. As lawyers, our way of doing business has been affected and forever changed. So what are we to do? Sure, 2020 is a lemon of a year (in other words, it sucks). But if you are an optimist like me, you might want to use this time as an opportunity to make some 2020-style lemonade, drinking up some of the most refreshing aspects of our new reality. Feel free to make your own recipe. Your batch of lemonade should be whatever combination of ingredients tastes best to you. But in essence, what I’m saying here is that we can’t undo the changes that rolled in with the 2020 tide. So just make the best of it and position yourself for happiness and

success in the days ahead. Try Something New If being a lawyer in the post-2020 world is not something you can stomach, don’t do it. Or at least do not limit yourself to practicing the same type of law in the same way you have been doing your whole career. No doubt you are smart, well-educated, and capable of plenty of other great things. If you are not fulfilled where you are at in your career, make a change and apply your skills elsewhere. Want to explore a new area of law or expand the boundaries of your current practice? Might as well do it. Want the challenge of teaching a class or CLE to share what you know with others? Great, then contact Cameron at the NBA and share ideas. Want to get out of private practice and transition to an in-house counsel or government role? Right on, brothers and sisters. Do what makes you happy, and don’t worry about the rest of us. Get Yourself a Zoom Room Regardless of your practice area, if you want to stay in the game and be a

serious player, the first thing you have got to do is get a Zoom room. Then, learn how to use it. Zoom is my new favorite thing—as well as my primary motivation for showering and trying to find something nice to wear from the waist up. Clients, colleagues, judges, and referral sources know how to Zoom—and now expect you do the same. Tennessee courts at every level have embraced Zoom. Mediations are now being conducted by Zoom. Yes, Zoom and other similar videoconferencing platforms have their obvious drawbacks: A video conference is less personal, and sometimes there are technical difficulties or other distractions you would not experience in a face-to-face setting. But on the flip side, videoconferencing is convenient, saves time and money, and most importantly, does not pose a health risk to anyone involved. So, if you have not taken the Zoom plunge yet, the time is now. Invest in Technology In the face of this pandemic, it seems obvious that law practices must invest in technology to keep ourselves and our clients safe, and to thrive in the future. High functioning technology is no longer a luxury—it is a necessity. Our technology must allow us to communicate with clients and others and push paper in the safest, most efficient, and most cost-effective way possible. There are many tech solutions out there to help us improve the way we do our work, too many to mention here. But here is the bottom line: If you or someone on your team needs a laptop, printer, scanner, software, camera, IT support—whether for the traditional (continued on page 32)

NASHVILLE BAR JOURNAL | OCT/NOV 2020

ROCK THE VOTE

2021 Board Nominees | Ballots Coming in November!

Be sure to vote in the upcoming 2021 NBA Board Election! Renew your membership at NashvilleBar.org/Renew no later than October 31 for eligibility. Julie Bhattacharya Peak is Resident Attorney for Liberty Mutual Insurance Company where she manages a diverse team of trial attorneys in the defense of its insureds. She is an active member of the NBA and serves on its Diversity Committee, actively advocating for advancement of women and People of Color in the profession. Julie recently authored the NBA petition to modify Rule 21 to require annual CLE training on issues of implicit bias, an idea born from the NBA Diversity Summit in March of this year. She is a regular speaker for the NBA on various topics including the effect of COVID-19 on women in the law, diversity within in-house counsel, and more. To contribute to her greater community, she serves as a Trustee of The Oak Hill School, where she chairs the Diversity, Equity, and Inclusion Committee and serves on its COVID Task Force. She is eager to bring her passion for growth and support of diverse professionals within the organization and foster a culture of inclusivity and respect within the profession. Julie is a 2000 graduate of The University of Memphis Cecil C. Humphrey’s School of Law and worked as the judicial law

clerk to the Honorable William Koch at the Tennessee Court of Appeals. She was a partner at Ortale, Kelley, Herbert, and Crawford before joining Liberty Mutual. n Bahar Azhdari serves as Associate General Counsel for Brookdale Senior Living, where she provides advice and counsel on labor and employment issues and strategic initiatives for Brookdale’s approximately 60,000 associates. Prior to Brookdale, Bahar was an associate at Waller, and received a dual undergraduate degree in International Studies and Middle Eastern Studies from Emory University and her law degree from the University of Tennessee College of Law. A Nashville native, Bahar has had opportunities to be involved in the both legal and greater communities in various ways, including serving on the board of directors for the NBA Young Lawyers Division, as co-chair of the NBA In-House Council Committee, on the board of directors and executive committee of First Steps, as co-chair and member of the Harpeth Hall Head’s Young Alumnae Council, and as a member of (continued on next page)

OCT/NOV 2020 | NASHVILLE BAR JOURNAL

ROCK THE VOTE

2021 Board Nominees | Ballots Coming in November! the Operations and Marketing Councils of the Junior League of Nashville. She also participated in the NBF’s Leadership Forum in 2017-18 and was named an NBF Fellow in 2020. She believes attorneys have an integral role to play in ensuring everyone receives equal protection under the law. n Sam Felker is a shareholder at Baker Donelson and focuses his practice on complex litigation involving products liability, food safety, and commercial disputes. He received his law degree from the University of Virginia after studying a year at the University of Tennessee College of Law, completed his undergraduate work at Mississippi State University, and is an ardent “Bulldog” supporter. He serves on his firm’s Diversity Committee and is a founder and president of the Stonewall Bar Association. For many years, he has been active in the NBA and the ABA, where he served as chair of the Products Liability Committee. Sam believes in giving back to the community and served on the Metro Nashville Board of Health for over a decade. n Kaya Grace Porter practices with Lewis Thomason in education law, employment law, and general civil litigation, defending matters before state and federal courts. She focuses her law practice on education law, counseling boards of education on employee discipline and termination, student discipline, and special education, and studied in The University of Georgia Honors Program and The University of Tennessee College of Law. Since participating in the inaugural Friday Fundamentals class, Kaya has been an active member of the NBA. She was appointed to lead its Diversity Committee in 2018, 2019, and 2020, and was twice recognized for her work as Diversity Committee Chair, receiving the NBA President’s Award in 2018 and 2019. She is particularly interested in the NBA High School Summer Intern Program and mentoring youth of underrepresented backgrounds in their journeys to becoming attorneys. In 2019, she was a Nashville’s Top 30 under 30 honoree, and a member of Nashville Emerging Leaders Class in 2020. n David Anthony recently launched Anthony | Watson, PLLC, a boutique creditor bankruptcy and commercial litigation firm based in Nashville. For over a decade, he was a partner at Bone McAllester Norton. A Memphis native, he attended Uni-

NASHVILLE BAR JOURNAL | OCT/NOV 2020

versity of Memphis and is a graduate of the University of Tennessee College of Law. David has been recognized as a “Best of the Bar” by the Nashville Business Journal for his bankruptcy work, and, for his pro bono service, the Tennessee Supreme Court named him an “Attorney for Justice” in 2016, 2018, and 2019. He also serves on the board of the Mid-South Commercial Law Institute and is the Executive Committee Chair for the Creditors Section of the TBA. He is a career member of the NBA, and in support, has published a feature story for the Nashville Bar Journal, is a frequent presenter of its CLE seminars, and— since its creation in 2017—has hosted the NBA’s Lawyer Karaoke Happy Hour. As a board member, David would work to support greater diversity in the profession, including programs aimed at under-represented groups in high school and college, as well as programs that support collegiality and mentorship within the bar. He and his wife, Lena, live in Hillsboro Village with their children, Thomas and Ellen, who attend Eakin Elementary. n Jeff Allen is a senior attorney with Bradley, practicing entertainment law. He received his BA from Vanderbilt University in 2002 and his JD from the University of Florida in 2007. He currently serves as Treasurer of the NBA, is a graduate of the Nashville Bar Foundation Leadership Forum’s Inaugural Class of 2015, and is a Fellow of the Nashville Bar Foundation. He has served as co-chair of the NBA Entertainment, Sports, and Media Law Committee and is a past recipient of the NBA President’s Award and CLE Excellence Award. Additionally, Jeff serves on the Tennessee Bar Association’s Entertainment and Sports Law Section Executive Council, and is a graduate of the Tennessee Bar Association Leadership Law program. He also serves on the Board of Directors for the W.O. Smith Music School and on the Troubadour Advisory Council for the Country Music Hall of Fame and Museum. Jeff is interested in strengthening diversity in the legal profession, access to justice, and adapting the practice of law to rapidly advancing technologies. n Michelle “Shellie” Handelsman is the owner of Handelsman Law. She practices in the areas of estate planning and (continued on next page)

ROCK THE VOTE

2021 Board Nominees | Ballots Coming in November! probate law, entertainment and sports law, intellectual property law, and business law. She received her Bachelor of Music in Performance summa cum laude from Berklee College of Music in Boston, Massachusetts. She earned her law degree cum laude from Belmont University College of Law and is licensed to practice law in Tennessee, Pennsylvania, and the US District Court for the Middle District of Tennessee. Shellie serves as co-chair for the NBA Entertainment, Sports, and Media Law Committee, on the executive board for the Lawyers’ Association for Women, and graduated from the NBF Leadership Forum Class of 2019. She has received numerous awards, including the Rising Star Award from the Lawyers’ Association for Women in 2020, the CLE Excellence Award from the NBA in 2019, and the NBA’s President’s Award in 2018. When she’s not working, Shellie runs Spartan races, plays lawyers’ league softball, and spends time with her golden retrievers. n Amy Willoughby Bryant serves Metro Nashville and Nashville’s community of individuals with a disability as the Office of Conservatorship Management Director. She demonstrates her passion for our community through her service as a leader, instructor, and volunteer, and is committed to advancing diversity within the NBA and ensuring justice to the community. Amy has served as a member or leader for numerous organizations including: NBF Fellow, Nashville Business Journal’s 40 Under 40, Conservatorship Association of Tennessee Board, National Guardianship Association, Nashville Children’s Theatre Board, Global Education Center Board, TBA Leadership Law, Nashville Emerging Leaders, Young Leaders Council, NBA Regional Secretary, NLBF Board Member, W.O. Smith School of Music volunteer instructor, Latin dance instructor for Metro Parks, Walk Bike Nashville, Napier Looby Bar Association (past president), and a NAWJ Conference Committee co-chair. This Memphis native is a Tennessee State University alum and Saint Louis University School of Law Alum. Amy is a wife and mother of four. n Gil Schuette is a trial lawyer whose practice includes a wide range of commercial disputes in state and federal courts, ad-

ministrative agencies, and all forms of alternative dispute resolution. He represents individuals and businesses of all sizes in varied claims such as breach of non-competition agreements, business torts, trade secrets, breach of contract, professional liability, and personal injury claims. Gil graduated with honors from Wake Forest University and cum laude from the University of Tennessee School of Law where he served on the Editorial Board of Transactions: The Tennessee Journal of Business Law. Before law school, he served in the US Marine Corps as a Reconnaissance Platoon Commander and a Military Transition Advisor to the Iraqi Army. Gil has served on the NBA’s Young Lawyers’ Division for eight years in a variety of capacities including as president in 2020. He has a special interest in continuing to improve fellowship and community service opportunities for NBA members, and is a board member and Chair of the Social Enterprise Committee for Operation Stand Down Tennessee. n Josh Burgener is a litigator in Dickinson Wright’s Nashville office, whose practice focuses on complex commercial and business litigation, employment disputes, class action litigation and real estate litigation. Born and raised in New York City, he received his undergraduate and law degrees from Vanderbilt University. After law school, he clerked for The Honorable Thomas Brothers in the Davidson County Circuit Court. He has served as co-chair of the NBA Circuit and Chancery Court Committee since 2018, and has also been a member of the NBA CLE Committee. In addition to the NBA, Josh serves on Dickinson Wright’s Governing Board. He was a member of the inaugural class of the NBF Leadership Forum, as well as the 2015 Class of Nashville Emerging Leaders. He has been honored as a Mid-South Rising Star in Super Lawyer every year since 2016, and was named to Benchmark Litigation’s Under 40 Hot List in 2019 and 2020. Josh lives in Nashville with his wife, Lindsay, and children Charlotte and Benjamin. n Kim Harvey Looney is a partner with Waller, where she serves on the Women’s Leadership Executive Committee. She received her undergraduate degree from the University of Tennessee and her JD from Vanderbilt University School of Law. (continued on next page)

OCT/NOV 2020 | NASHVILLE BAR JOURNAL

ROCK THE VOTE

2021 Board Nominees She currently serves on the NBF Leadership Forum Steering Committee and is a Fellow of the NBF. She is the immediate past president of the Tennessee Lawyer’s Association for Women and served as co-chair of its Empowerment Conference Committee. She is currently a board member of the American Health Law Association and is chair of its Membership, Diversity, and Inclusion Committee. Kim is a native Tennessean and she and her husband have raised two sons in Nashville. She serves on the Executive Committee of the Middle Tennessee Council of the Boy Scouts of America, and has been active in the community co-chairing fundraisers for the benefit of the American Heart Association, the Women’s Fund of the Community Foundation, the Opera Guild, CASA, Family and Children’s Service, and Fifty Forward. Kim is particularly interested in expanding the reach of the NBA through education for diverse students and ensuring there is a pipeline of talented diverse candidates for future service to the NBA and our community. n Tim Warnock is a member of Riley Warnock and Jacobson and focuses his practice on commercial and intellectual property litigation. He received a BA from Vanderbilt University in 1984, and a JD, with high honors, from the University of Tennessee College of Law in 1987. He has chaired the NBA Intellectual Property and the Sports and Entertainment Committees, and has co-chaired the Sports, Entertainment, and Media Committee and the Federal Courts Committee. He has spoken at various NBA CLE seminars and has written for the Nashville Bar Journal on topics including copyright-infringement litigation, civil procedure, and trial practice. Tim is a member of the American Board of Trial Advocates and served as president of the Tennessee Chapter in 2009. He is a graduate of Leadership Music, a past member of the board of the Nashville Chapter of the American Red Cross, and is active in the Vanderbilt Alumni Association. Regarding the NBA, he is particularly interested in the work of the practice committees. n Cornell Kennedy practices health care and corporate law with Sherrard, Roe, Voigt, and Harbison, where he serves as cochair of its Diversity, Equity, and Inclusion Committee. He is a

NASHVILLE BAR JOURNAL | OCT/NOV 2020

proud native of Nashville and a graduate of Middle Tennessee State University and the University of Tennessee College of Law. Cornell’s involvement with the NBA began with participation in the Diversity Committee’s High School Intern Summer Program in 2000, where he first developed a passion for the law, and he actively serves as a mentor to current participants. He co-chaired the NBA Diversity Committee for several years, and served as secretary on the board of directors in 2013. He was chosen to join the NBF Leadership Forum Class of 2015-16, and was selected as a Fellow of the NBF in 2020. In addition to service in other national, state, and local law associations, Cornell has served on the Young Leader’s Board for JDRF, co-chaired the Second Harvest Food Bank’s Legal Food Fight Fundraising Executive Committee, and coached Antioch High School’s mock trial team. Cornell is dedicated to encouraging and guiding the next generation of diverse lawyers in Nashville, and election to the board of directors would allow him to pursue this work while giving back to Nashville and its local legal community. n Jaz Boon is Senior Counsel, Environmental for Bridgestone Americas’s in-house legal, and provides environmental, health, and safety regulatory and compliance advice to Bridgestone’s corporate teams, as well as assistance with Bridgestone’s sustainability initiatives. Prior to joining Bridgestone, he was an associate in Waller’s Trial and Appellate Practice Group, where his practice focused on complex commercial and construction litigation, as well as environmental enforcement defense and compliance. Jaz also served as a judicial law clerk to the Honorable Richard Dinkins on the Tennessee Court of Appeals. He obtained his JD in 2014 as a member of Belmont Law’s Charter Class, and a degree in biology from Lipscomb University in 2003. Jaz is a member of the NBA Young Lawyers Division and is a graduate of the 2018-19 NBF Leadership Forum. In addition, he is a member of the board of directors for the Nashville Children’s Alliance, a nonprofit organization that provides free trauma therapy to child victims of domestic violence. His interests include improving opportunities for, and the retention of, diverse attorneys in Nashville’s legal community, as well as encouraging healthy life habits for attorneys. n

BILL & PHIL’S GADGET OF THE MONTH

To Zoom, Perchance to Stream |

In these days of the Great Pandemic, we all have become familiar with videoconferencing via Zoom, Teams, BlueJeans, GoToMeeting, Google Meet, and similar services. But some folks are choosing “live streaming” over videoconferencing in certain situations. So, Bill asked Phil to explain the difference. Basically, in a videoconference, everyone is a participant. Live streaming, on the other hand, is much like a live TV show broadcasting over the internet via certain selected channels. Using live streaming, the host controls the entire experience and there is no input from the audience. If you live stream, you can allow anyone to watch—or you can control the audience and charge admission. In COVID-19 times, many musicians and artists are looking to live streaming as a way to make a living. You may ask, “Why should I livestream instead of videoconference?” That is a good question. For example, if you are teaching a class or an instructional session, you do not want participants chiming in or interrupting. If you are hosting a live event, you only want audience members, not participants. Some lawyers are using live streaming on social media to build their practice (in other words, to advertise). They present information to viewers in which they address commonly asked questions, etc. The sessions can then be recorded and made available on-demand. They use live streaming to make them seem more accessible and authentic.

Bill Ramsey & Phillip Hampton

The Software & Hardware Needed to Get Started First, let us discuss the hardware you need. At the most basic level, the only equipment you will need is the webcam you have been using for your virtual court hearings. You can also use a smartphone, an iPad, a less expensive video camera (like the Canon PowerShot), a security camera (like Arlo) or a GoPro camera. You may also need a good microphone (such as the Blue Yeti Nano) and two tripods— one for the camera and one for the microphone. If you want to look professional, you will need some extra lighting, such as a halo light. Many models are available on Amazon, and several include a tripod to hold the light and the camera. (And, if you are as ugly as Bill, you will need LOTS of makeup.) Now comes the tricky part. If you are using webcam or a smartphone, you will not need a “capture card.” But if you are using a camera like a PowerShot or a GoPro, you may need one. This box converts the signal from the camera and prepares it for use by a computer. You will also need a computer, of course. Next, you will need a streaming platform. The easiest platform to use for this purpose is Zoom, in our opinion. If you choose to stream via Zoom, you will be limited to streaming on Facebook, Workplace by Facebook (whatever that is), or YouTube. You can also use a “custom” live streaming service, but that will require more machinations and explanations. If you do not choose to stream via Zoom—or if you want to stream on multiple platforms at the same time—you will need more software or hardware. You can use Open Broadcaster Software (OBS) to convert the signal for streaming, or a “hardware encoder,” like Eze Caster Pro. In order to stream on multiple platforms at

the same time, you will need to use specialized services, such as Restream.io or Boxcast.com. Upgrades You will get the best “bang for your buck” by upgrading your lighting. An effective, basic lighting system, is “three-point lighting.” This technique uses a main light that is the brightest of the three and is directly on the presenter. A second fill light is below the main light and is shone from the side. The third light shines on the subject from the rear. You can adjust the three lights until you get the best image. The next upgrade would be better-quality sound. For example, you could use a studio quality microphone or headset, or an audio mixer if you use multiple speakers or multiple audio sources, such as transition or background music. The next and most expensive upgrade would be using multiple cameras. This could be very expensive and time-consuming, but would give your live stream a professional, broadcast-quality look. You can mix the video using software such as Studio 6 from Livestream, or hardware like the products from Blackmagic Design. We know we got a bit technical, but we believe that more and more attorneys and professionals will begin to live stream for a variety of reasons. Live streaming can appeal to a wider audience, reduces the amount of time and travel for the audience, and saves money for everyone. And the quality of the video image just gets better and better—we will have to dramatically improve our make-up regime to keep up. n Until next time, Bill & Phil

OCT/NOV 2020 | NASHVILLE BAR JOURNAL

TENNESSEE CHAPTER

Nashville Area Members recognized in 2020 for Excellence in the field of Dispute Resolution

Gail ASHWORTH (615) 254-1877

John BLANKENSHIP (615) 627-9390

Gayle MALONE, Jr. (615) 651-6700

Paul DeHOFF (615) 631-9729

David NOBLIT (423) 265-0214

Matt SWEENEY (615) 726-5774

Barry L. HOWARD (615) 256-1125

Dan NOLAN (931) 647-1501

John TARPLEY (615) 259-1366

James KAY (615) 742-4800

Michael RUSSELL (615) 815-0472

Mark TRAVIS (931) 252-9123

Mark LeVAN (615) 843-0308

Tracy SHAW (615) 921-5204

Jack WADDEY, Jr. (615) 850-8752

Check preferred available dates or schedule appointments online directly with the stateâ&#x20AC;&#x2122;s top neutrals www.TennesseeMediators.org is free, funded by members

For more information about NADN, please watch the short video at www.NADN.org/about

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. W E DNE S DAY, OCTOBER 1 4 | LIVE SE M I N A R

TH U R S D AY, OC TOB E R 15 | LI V E SEMIN A R

SUCCESSFULLY NAVIGATING ZOOM TRIALS & ARBITRATION DURING THE PANDEMIC

ESTATE PLANNING & PROBATE PRACTICE INSTITUTE

OVERVIEW

Co-produced by the Estate Planning & Probate Committees

This seminar will focus on how video conferencing has become an effective tool in responding to the impact of the COVID-19 pandemic on judicial and arbitration proceedings. It will address the pros and cons of conducting trials and arbitration proceedings via Zoom or similar video conferencing technology, how to prepare witnesses, appropriate safeguards for remote witness testimony, managing trial exhibits, and public access to the proceedings. Examples from actual court and arbitration proceedings where video conferencing has been used will be discussed to show how the video conferencing worked, its limitation, and methods to improve access and use of the technology to move cases forward during the pandemic.

OVERVIEW

The NBA Estate Planning and Probate Committees are pleased to present their annual Estate Planning and Probate Practice Institute. Topics will include updates regarding legislation, case law, e-filing, and feature a Judge’s Panel.

PRESENTERS Chancellor Ellen Lyle Davidson County Chancery Court, Part III Justin Seamon Staff Attorney for Chancellor Ellen Lyle Stephen Zralek Bone McAllester Norton

PRESENTERS For a full list of presenters along with travel information, visit NashvilleBar.org/EstatePlanningProbateInstitute. D E TA I L S Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:30 – 4:40pm

D E TA I L S

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.0 General

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:30 – 2:30pm

COST

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General COST

NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $195 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $389

NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89

OCT/NOV 2020 | NASHVILLE BAR JOURNAL

FRI DAY, OCTOBER 1 6 | LIVE SEMINAR

WE D N E S D AY, O C TO B E R 21 | LI V E S E M IN A R

LEGISLATIVE UPDATE IN CRIMINAL LAW

GUN LAW UPDATE + SKEET SHOOTING

OVERVIEW

Produced by the Criminal Law Committee

Join us for a gun law update and skeet shooting at Nashville Gun Club. Attorney John Harris will provide an overview of gun laws in Tennessee and discuss Constitutional provisions, terminology in state and federal statutes, and expected legislation for 2021. A round of skeet shooting will follow the CLE. PRESENTER John I. Harris, III Schulman, LeRoy, & Bennet

Join the Criminal Law Committee in hearing about recent legislative changes to Tennessee criminal law including controversial Bill HB 8005, which made it a felony to camp outside the capital overnight. PRESENTERS Jennifer Charles Assistant District Attorney at the Office of the District Attorney

D E TA I L S Registration at Nashvlle Gun Club . . . . . . . . . . 1:00 – 1:30pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:30 – 3:00pm Skeet Shooting . . . . . . . . . . . . . . . . . . . . . . . . . 3:00 – 5:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.5 General Location. . . . . . . . . . . . . . . . . . . . . . . . . . . . Nashville Gun Club

Patrick Frogge Executive Director Tennessee District Public Defenders Conference D E TA I L S Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 2:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General

COST

CLE Only; No Skeet Shooting

NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35

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

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 Attendance Only; No CLE. . . . . . . . . . . . . . . . . . . . . . . . FREE

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 CLE + Skeet Shooting NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $120 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $160 Non-Attorney Audit Rate (No CLE Credit). . . . . . . . . . . . . . $99

NASHVILLE BAR JOURNAL | OCT/NOV 2020

T HURS DAY, OCTOBER 2 2 | LIVE SEMI N A R

TH U R S D AY, OC TOB E R 29 | LI V E SEM IN A R

FAMILY LAW INSTITUTE

STATE OF THE MIDDLE DISTRICT UPDATE

OVERVIEW The NBA Domestic Relations Committee presents the annual Family Law Institute, featuring 3.5 hours of CLE. This year’s institute includes Judge Phillip Robinson’s and Judge Philip Smith’s perspectives from the bench, a case law update, and a session on Judicial Settlement Conferences.

OVERVIEW Please join us for a presentation by Chief United States District Judge Waverly D. Crenshaw, Jr. on the state of the Middle District of Tennessee. Judge Crenshaw will discuss current operations in light of COVID-19, relevant administrative orders, and other practice developments. Participants may submit questions in advance of the presentation. PRESENTER

PRESENTERS For a full list of presenters along with travel information, visit NashvilleBar.org/FamilyLawInstitute. D E TA I L S Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00am – 12:45pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5 General COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $195 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $389

Chief United States District Judge Waverly D. Crenshaw, Jr. D E TA I L S Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 2:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 Attendance Only; No CLE. . . . . . . . . . . . . . . . . . . . . . . . FREE

OCT/NOV 2020 | NASHVILLE BAR JOURNAL

WE D NE S DAY, NO VEMBER 4 | LIVE SEMIN A R

FR I D AY, N OV E M B E R 6 | LI V E S E M I N A R

SERVING ON NONPROFIT BOARDS

GOVERNMENT PRACTICE INSTITUTE

OVERVIEW

Are you an attorney interested in serving on nonprofit boards? This CLE covers what you need to know as an attorney to serve successfully on the board of a nonprofit organization.

The NBA Government Practice CLE seminars are scheduled for Friday, November 6 and Friday, December 11. Each program will offer six hours of CLE credit, with the December program offering three hours of dual (ethics) credit. Register for both programs and save $99.

PRESENTERS A full list of presenters is available online at NashvilleBar.org/NonprofitBoardsCLE.

Topics for the November programs include a TN Supreme Court update, an FMLA/Employment Update, and more! The full agenda is available at NashvilleBar.org/Government CLE.

D E TA I L S Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 4:15pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . 2.0 General & 1.0 Dual COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279

PRESENTERS A full list of presenters is available online at NashvilleBar.org/GovernmentCLE. D E TA I L S Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30am – 3:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.0 General COST November 6 CLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $229 December 11 CLE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $229 November 6 & December 11 CLE. . . . . . . . . . . . . . . . . . . $359

NASHVILLE BAR JOURNAL | OCT/NOV 2020

F RI DAY, NOVEMBER 1 3 | LIVE SEMI N A R

TU E S & WE D , N OV 17 & 18 | LI V E SEMIN A R

SOLO & SMALL FIRM INSTITUTE

BUSINESS LAW INSTITUTE

OVERVIEW

You are invited to our 4th Annual Solo & Small Firm Institute, featuring tech tips, marketing strategies, and more! This seminar is sure to deliver everything you need for a successful 2020 and beyond! PRESENTERS

The NBA Business Law Committee is pleased to present the annual Business Law Institute. Registrants are invited to join their colleagues to discuss the intricacies of business formation as new ventures emerge from the pandemic lockdown, learn about regulatory considerations when opening a bar, restaurant, or brewery as we venture back to socializing, consider how businesses are valued in a post-COVID world, among other topics of interest. In light of the pandemic, this year’s Institute will be conducted via Zoom and will provide four hours of CLE credit over two afternoons on November 17 and 18. Please join us! PRESENTERS A full list of presenters is available online at NashvilleBar.org/BusinessLawInstitute.

For a full list of presenters, visit NashvilleBar.org/SoloSmallFirmInstitute. D E TA I L S Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11:00am – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.0 General COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $49 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $69 SPONSOR

D E TA I L S Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2:00 – 4:00pm* Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.0 General* *Both days of this institute will be from 2-4pm and will be 2.0 CLE Credits each. You must attend both days for the full 4.0 CLE Credits.*

COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $195 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $389

OCT/NOV 2020 | NASHVILLE BAR JOURNAL

Feature Story | 1971. Grimes graduated from Kent Law School in 1939 and became the first African American woman to pass the written Tennessee Bar Examination. Tennessee Evening Law School Mose J. Davie opened the Tennessee Evening Law School in 1954. Davie

had served as a Master Sargent in the Air Force during World War II, and he later graduated from Tennessee State University with BS and Masters degrees. But he was denied admission to the Nashville School of Law in the early 1950s because of his race. The school told Davie, “We’re not going to integrate, it’s against the policy of the community and we don’t want to be the first.”4 Davie told his lawyer friend Neill Brown about his struggle to gain admittance to a Nashville law school. Brown told Davie, “if they won’t let you go to their law school, start your own and go for it!” Brown would become Dean of the Tennessee Evening Law School, and selected and hired the school’s faculty. The school was located at the African American YMCA on 4th Avenue directly across the street from the office where Looby had operated Kent Law School. Davie proudly stated this was

The History of African American Law Schools (continued from page 8)

the only law school in the south with a White and African American faculty. The new law school was governed by a board that included Looby; WD Hawkins, Jr., comptroller at Fisk University; Richard Satterfield; and Rev. JT Patton, President of Patton Brothers Funeral Home. The president of the board was Dr. Henry Allen Boyd, President of Citizens Bank and Board Chairman of the Colored YMCA of Nashville. Davie was the school’s business manager and one of its first students. Davie graduated in the school’s inaugural class in 1958, along with Dr. Crawford Lindsay, who was head of the English Department at TSU for 12 years, and MG Blakemore, a Meharry faculty member. Although Davie worked with the Tennessee Bar Association to create the school with admissions requirements and curriculum comparable to other programs, the Board of Law Examiners refused to allow Davie and the other graduates sit for the bar examination when they graduated. After further discussion, the officials agreed to let Davie and the members of the first class take the bar exam, but he would have to close the school. Left with no other option to accomplish his dream, Davie reluctantly closed the school in 1958.5 It took Davie three attemps to pass the Tennessee bar exam, which he later attributed to the “One Person Rule” and his belief that Tennessee would only allow one African American to pass the bar examination each year. Three graduates of the Tennessee Evening Law School’s first class did pass the bar, but not in the same year: Lindsay passed in 1958, Blakemore passed in 1959, and Davie finally passed in 1960. Although their alumni are no lon-

NASHVILLE BAR JOURNAL | OCT/NOV 2020

ger living and the school buildings no longer exist, these law schools helped inspire future generations of lawyers and encouraged other law schools to change their admission practices. n Endnotes 1 In 1900, a diploma mill law school opened in Nashville and the Tennessee Bar Association pushed to have a written examination, which started in 1903. 2 This lynching led to the Supreme Court’s first and only criminal trial, because the local Sheriff allowed the mob to lynch Johnson. See U.S. v. Shipp, 214 U.S. 386 (1909); U.S. v. Shipp, 203 U.S. 563 (1906). 3

Shelley v. Kraemer, 334 U.S. 1 (1948).

Other African American faculty members of Fisk University and TSU had also applied and were turned down for the same reasons. Irvin Kilcrease became the first African American graduate of the Nashville School of Law in 1966, the same year the Nashville Bar Association integrated. Kilcrease first applied to the school in 1960 and 1961, but was denied admission. In 1960, Dean JG Lackey, Jr told the Tennessean that Kilcrease was not accepted because “the school does not admit Negroes.” Still optimistic things would change, Kilcrease said, “I’m not bitter about it. I hope to be admitted someday.” He was finally accepted in 1962. 4

5 Closing the law school meant Vanderbilt would be the only law school in Tennessee that would accept African Americans. (Dean John Wade admitted two African American students in 1956, two years after Davie started the Tennessee Evening Law School.) Even so, the Vanderbilt Board of Trust passed a policy to only admit African American students in fields that did not have other options in Middle Tennessee, such as law and religion.

DAVID S. EWING is a ninth generation Nashvillian and historian. His great-great-grandfather Prince Albert Ewing was the first African American lawyer in Nashville.

Editorial |

Noel Bagwell

A Generation’s Inheritance: The Largest Wealth Transfer in History and its Impact on Local Firms Over the next roughly 22 years, the Baby Boomers are going to hand off an estimated $30 trillion in wealth—the largest wealth transfer in history. This article discusses essential details of that economic shift and how the “Great Wealth Transfer” is likely to impact law firms. In the next five years, the wealth transfer will accelerate as the first Baby Boomers—those born between 1944 and 1964— begin to pass on much of their accumulated wealth to their children and grandchildren. Baby Boomers, according to a 2015 US News & World Report, control roughly 70% of all disposable income—more than any other American generation.1 So, what will happen to all that wealth when the Baby Boomers pass it on? Experts are conflicted about where large sums may end up once it’s in the hands of heirs and beneficiaries because it will be largely influenced by the condition of the stock market at that time, as well as what tax and estate laws are on the books. Stocks and bonds may be a solid place to park money in right now, but that doesn’t necessarily hold true tomorrow.2 Because subsequent generations—especially Millennials—tend to be less receptive to traditional investing strategies than prior generations, stocks and bonds may play a diminished role in the post-Boomer economy,

while other sectors see growth from Millennials’ investments. The Great Wealth Transfer, the rise of the “gig economy,” the world’s response to COVID-19, and other recent trends are effecting a fundamental transformation of the US economy. Take law firms for an example—firms seeking economic opportunity amidst the creative destruction should innovate to support ascending generations with end-to-end legal solutions. Law firms that find ways to support businesses’ efforts to prioritize cashflow, and reinvestment of earned income and promote sustainable wealth creation, will benefit most from imminent changes in the financial services, information technology, and other service sectors of the economy. According to recent survey data, almost 35% of adults under 35 live with their parents.3 Those who have managed to move away from the family home upon receiving an inheritance that includes valuable real estate will need assistance on whether to move back home, or how to otherwise manage their estate. In recent years, Nashville has seen remarkable growth, as people from other parts of the country have flocked to Music City in search of a lower cost of living, jobs, fame, or other opportu(continued on page 26)

OCT/NOV 2020 | NASHVILLE BAR JOURNAL

Editorial |

A Generation’s Inheritance (continued from page 25)

nities. Opportunities for local firms to assist Nashville transplants with estate issues—in the areas from which they have moved—could prove convenient to their clients and lucrative for them—a niche ripe for development. Understanding the Baby Boomers’ social psychology and the economic effects created thereby, is key to riding the economic tsunami that will be unleashed as they start retiring. Unfortunately, this tsunami probably won’t be an inheritance windfall for as many younger people as one might think. This is because much of the wealth controlled by Baby Boomers won’t be passed on as inheritance to their children or grandchildren. Unlike previous (and subsequent) generations, the Baby Boomers’ children may be the first generation that has less financial security than their parents. The Baby Boomers’ “children may be the first generation with dim prospects of doing better than their parents did.”4 In a 2019 study by psychologists at Michigan State University, researchers showed that among the generations currently living in the US, Baby Boomers

are the most sensitive and self-centered.5 One of the study’s authors provided this insight: One of the most surprising findings was that—also contrary to what many people think—individuals who were born earlier in the century started off with higher levels of hyper-sensitivity, or the type of narcissism where people are full of themselves, as well as willfulness, which is the tendency to impose opinions on others. There isn’t much data on older generations, but now that Baby Boomers are aging into that phase of life, it’s a huge part of the population that we need to be looking at.6 Additionally, the author said, They’re not open to criticism.7 This information is not presented as criticism; it is just part of an exploration of how Baby Boomers’ social psychology is likely to impact socio-economic trends from which we all may benefit and are simply facts needing acknowledgement if we want to have an accurate forecast of the future.

Unless Baby Boomers accomplish an extremely unlikely late life reversal of socio-economic behavioral trends, they will spend much of the wealth they presently control on living as comfortably as possible. At least one survey shows that almost 20% of them plan to leave to their children no inheritance at all.8 In the years ahead, lawyers and law firms should seek opportunities to provide services to Baby Boomers seeking to live comfortably and independently. There is likely to be a significant increase, especially in estate planning and trust administration services. Finding sensitive, uncritical ways to cater to the needs and desires of Baby Boomer clients, and finding ways to assist subsequent generations in understanding the legal aspects of financial, real estate, business, and trust matters, are likely to be among the most essential skills for attorneys during the Great Wealth Transfer. n Endnotes 1

Baby Boomer Report, US News & World Rep. (2015).

Mark Hall, The Greatest Wealth Transfer In History: What’s Happening And What Are The Implications, Forbes (Nov. 11, 2019).

Grant Suneson, Do You Still Live with Your Parents? Odds Are You’re from the Northeast, USA Today (Jul 2, 2019).

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Id.

William J. Chopik & Kevin J. Grimm, Longitudinal changes and historic differences in narcissism from adolescence to older adulthood, 34 Psych. & Aging 1109-1123 (2019).

See Me, me, me! How narcissism changes throughout life, Sci. Daily (Dec. 2019) (discussing the 2019 study published in Psychology & Aging).

Id.

Gransnet Inheritance Tax Survey, Gransnet (Sept. 19, 2018).

Attorney NOEL BAGWELL is president and chief legal counsel of Executive Legal Professionals, an innovative business law firm that provides business legal services and strategic legal counsel to business leadership.

LEGISLATIVE COLUMN

Capitol Notes | Peggy Sue, the Beagle Hound

Big dog in the meat house. Extraordinary Session Update For the second time during the 111th General Assembly, Governor Bill Lee called the General Assembly to meet in an Extraordinary Session. The General Assembly convened in the afternoon of August 10, and completed their business around 7:00pm on August 12. Five new statutes were enacted into law, two of which were largely expected, and two of which were a response to social unrest flowing from 2020 being the year of pandemic, racial injustice, and economic decline. First is Chapter 1 of the Second Extraordinary Session, by Jack Johnson and William Lamberth. This statute, which Governor Lee signed into law on August 17, is a significant change in tort law for cases involving COVID-19. It affects litigation related to COVID-19 injuries filed after August 3, the date of the call for the Extraordinary Session. The statute offers protections from civil litigation for businesses, schools, health care facilities, and nonprofits. Usually the effective date section in new statutes is cut and dried, but the wise dog will get her reading glasses out for a careful reading of Section 7. Second is Chapter 4 of the Sec-

ond Extraordinary, by Jack Johnson and William Lamberth, dealing with insurance coverage and payment for telehealth and telemedicine services. The statute includes a coverage mandate for health insurance carriers for telemedicine services and a payment parity mandate effective through April 1, 2022. For a telemedicine encounter to be eligible for coverage, the patient must have had an in-person encounter with the provider within the past 16 months. The statute passed as introduced except for one amendment that expanded the scope of the new law to include alcohol and drug abuse counselors. Two other new statutes deal with emergency services and criminal penalties during times of civil unrest. Chapter 3 of the Second Extraordinary Session, by Jack Johnson and William Lamberth, increases criminal penalties for activities involving protestors; the bill seemed to be driven in response to a group of protestors who set up shop across the street from the Capitol and were often loud and confrontational to lawmakers. Chapter 2 of the Second Extraordinary Session, by Joey Hensley and Brandon Ogles, prohibits local governments from restricting public safety personnel from accessing a bounded protest area. The sponsors could not name any city in Tennessee where this behavior had been a problem, but they did cite cities in other states, most notably Portland, Oregon. Chapter 5 of the Second Extraordinary Session, by Jack Johnson and William Lamberth, is the appropriations act which provides funding (a few dollars north of $1.1M) for all the new statutes that required state expenditures. This legislative activity should

conclude the 111th General Assemblyâ&#x20AC;&#x2122;s work for this year. Those members seeking reelection will now turn to campaign season for the November 3 General Election. The 112th General Assembly will convene in Organizational Session on January 12, 2021. Calendar Notes August 18 marked the 100th anniversary of Tennesseeâ&#x20AC;&#x2122;s ratification of the 19th Amendment to the US Constitution for the adoption of woman suffrage. From all the reading and events surrounding the anniversary, the successful vote in Tennessee seems even more remarkable. The railroad and alcohol interests did not lose very often. Speaking of voting, the deadline to register to vote in the November 3 general election is October 5. The early voting period runs from October 14 through October 29. All Davidson County early voting sites will be open for the entire early voting period. Davidson County also has two new early voting sites: Friendship Baptist Church and the East Nashville YMCA. If so inclined, the deadline to request an absentee ballot is October 27, but local election officials are strongly encouraging us to be unlawyerly and avoid the last minute. Be sure to vote! No dog wants to be within the margin of regret. State staffers will be off November 11 for the Veterans Day holiday. State staffers and the NBA team will be off November 26 and 27, for the Thanksgiving holiday. n PEGGY SUE is fond of the classic 1957 Buddy Holly song. When hunting legislative news or biscuits, she is hard to contact.

OCT/NOV 2020 | NASHVILLE BAR JOURNAL

Thank You for Your Service! In honor of Veterans Day, the Nashville Bar Association will be recognizing the US veterans in our local legal community. The names in bold denote NBA members. If your name is not on this list and you would like to be included next year, please contact Vicki.Shoulders@nashvillebar.org. Thank you for your service—we salute you!

Terry Adams

Craig Gabbert

Jim Price

Larry Ahern

Mike Galligan

Dale Quillen

Graham Baker

John Gillmor

D.J. Rausa

Russ Baldwin

Charles Grant

Charles Reasor, Jr.

Lee Barfield

John Gupton

Fritz Richter

Mark Baugh

James Haltom

Charles Sanger

Daniel Berexa

Joe Hardesty

Jim Blackstock

John Heacock

William Scales

Ross Booher

AJ Hermansdorfer

Martha Boyd

Sam Hodges, III

Robert Brandt

Paul Housch

David Broemel

Tim Ishii

Judge Joe Brown

Randy Kinnard

Judge Chip Campbell

Tracey Kinslow

Brett Carter

John Kitch

John Cauley

Walter Kurtz

Brent Cherry

Bill Leader

Don Cochran

Jesse Lords

Erin Coleman

James Mackler

Charles Cornelius

Matthew McFarland

Ed Davies

Joe Napiltonia

Kevin Doherty

Seth Norman

Darren Drake

Bill Norton

Kurt Winstead

Jay Drescher

George Paine

Judge Tom Wiseman, Jr.

Blair Durham

Rob Peal

Judge Randall Wyatt

Robert Echols

Doug Pierce

Vincent Wyatt

Crystal Etue

Kathleen Pohlid

Ed Yarbrough

Pete Ezell, Jr.

William Pomy

John Zimmerman

Charles Frazier

Ryan Pratt

NASHVILLE BAR JOURNAL | OCT/NOV 2020

Sean Scally Gil Schuette John Seehorn Kevin Sharp Keith Simmons Judge Jennifer Smith Rick Smith Thomas Smith Don Sullivan Brad Telfeyan Paul Tennison Andrew Tharp Bob Tuke Warren “Skip” Wild

Editorial |

Cody Galaher

Embracing the Change: Benefits of Remote Practice The counties across Middle Tennessee—where many of us frequently practice—have each adapted to the COVID-19 pandemic in their own unique way. Most jurisdictions are utilizing virtual motion dockets and have embraced e-filing procedures, and both courts and mediators have been able to accommodate requests for remote proceedings. As attorneys, the most valuable resource we have is our time—the advent of remote practice has truly accentuated copious amount of time wasted by in-person proceedings. Virtual motion dockets have made it possible for attorneys to appear in multiple jurisdictions on the same day, reduced time conflicts, and have hopefully eliminated days of driving 90 minutes for a rudimentary 5-minute motion hearing. Mediations When the courts first closed in March and our clients coped with layoffs and furloughs, we focused our efforts on resolving cases through virtual mediation. With most parties already working from home, scheduling became easier and our clients were spared the expense and time of having to travel across the state and even country. We have also observed a considerably higher

success rate. It seems parties are more relaxed, amenable, and receptive to the mediation process when able to participate from the comfort of their home. Additionally, everyone gets to avoid the uncomfortable tensions of in-person mediation when emotions escalate and negotiations end abruptly over the slightest under-handed remark. I have grown to become a big proponent of remote mediations and I will aim to continue utilizing them well after the pandemic has passed. Below are some specific tips and advice for engaging in virtual mediation and other remote proceedings. Tips for Remote Mediations Contact the mediator’s office in advance to find out whether they conduct remote mediations and what platforms they use. If the mediator defers to you, it is important to remember that all platforms are not created equal. Zoom is my top choice—it has shown to be the most user-friendly. Each attorney can host their own Zoom meeting and invite the mediator, who can then jump back and forth between meetings. Zoom also allows you to record a meeting; a feature useful should discrepancies on the terms of (continued on page 30)

OCT/NOV 2020 | NASHVILLE BAR JOURNAL

Editorial |

Embracing the Change (continued from page 29)

an agreement arise. Cisco WebEx and Jabber are other useful platforms. While not as user-friendly, they do have a feature that allows participants to pull up and reference documents on camera. All platforms are constantly improving and implementing new features. I would encourage you to test out many platforms to find one that works best for you. Additionally, take the following into consideration prior to remote mediation: • Make sure that opposing counsel and your client agree to mediate remotely. • After agreeing on a virtual platform, get familiar with the software and encourage your client to do the same. • Talk with the mediator about how documents will be signed at the end of the mediation. Some utilize remote execution, while others prefer the parties to sign the documents in person. DocuSign has become increasingly popular because it allows the mediator to email the settlement documents for signature minutes after mediation has ended. Tips for Scheduling Hearings

Many courts have posted COVID-19 updates and procedures on their clerks’ websites; check there first. Then, contact the presiding judge’s chambers and find out how the judge has been handling proceedings. Many judges will accept a remote hearing outside of the typical docket hours. Make sure opposing counsel has agreed to have the hearing held remotely and work with the court to agree upon a virtual platform. Make sure to include language regarding how the hearing will be heard and by what platform in your Notice of Hearing. Remember to submit evidence in advance of the hearing based on the court’s submission requirements, typically at least 72 hours in advance. And then talk with opposing counsel about what stipulations can be made regarding exhibits to ensure the virtual proceeding runs smoothly. Both the judge and his staff will appreciate your efficiency. Etiquette for Remote Practice Even though most of us have become more comfortable with the remote practice of law, we must not forget that

our clients and the courts expect the same amount of professionalism both on camera and off. Consider implementing these tips in your remote practice and discuss them with your client in advance of any virtual proceeding: • Download and test the platform in advance. Familiarize yourself with the software and its features before you attend any proceeding. • Place yourself on mute whenever you are not speaking. This is crucial and bears repeating. Your computer microphone picks up and amplifies background noises that distract and interrupt the proceedings. • Use a computer, laptop, or tablet rather than a phone. Phones have several restrictions, including limited battery power, instability, and lower picture quality. Incoming calls and texts can also disrupt the proceedings. Instruct your clients to avoid using their phone, as well. If a phone is their only option, make sure it is charged and set in a stationary position. • Find a quiet and unoccupied space with a strong signal. Avoid common areas where others are likely to pass by the camera. The COVID-19 pandemic has forced us to work smarter and more efficient, while promoting safety and well-being. I anticipate—and hope—courts will embrace technological advances and consider making weekly or bi-monthly virtual motion dockets a permanent fixture to improve judicial economy and keep litigants safe. CODY GALAHER is an Associate Attorney at Blink Law in downtown Nashville. He represents his clients in a myriad of state and federal matters and focuses most of his practice on civil litigation and criminal defense, probate and estate matters, real property disputes, bankruptcy, family law, and domestic relations.

NASHVILLE BAR JOURNAL | OCT/NOV 2020

barBITES |

Caroline Sapp

LYNDA’S CHEESE BALL My grandmother’s cheese ball is well-known among her family, friends, and other community members who worked with her at the courthouse or attended showers or parties she hosted—it’s typically eaten within 30 minutes of being placed on the table. Our family now calls it, “Lynda’s Cheese Ball.” At 84-years-old, she still makes her famous cheese ball for church events, luncheons, and for her family at Thanksgiving and Christmas. The tradition continues with my mother— since I was little, my mother has made “Lynda’s Cheese Ball” for almost every event or luncheon. She usually receives at least one request for a copy of the recipe each time. Though cooking is not my area of expertise, “Lynda’s Cheese Ball” is easy to make, includes easy-to-find ingredients, and is the perfect treat to bring to a social or game-day gathering. n

Lynda’s Cheese Ball Ingredients • 2 8oz packages – cream cheese (softened to room temperature) • 2 cups 8oz – sharp cheddar cheese (room temperature) • ½ cup – Hellmann’s Real Mayonnaise • 1 spoonful – sour cream • 1 – small onion (chopped) • 1 tbsp – garlic powder • 5 to 8 tbsp – hot sauce (Frank’s RedHot is my favorite; add more for additional kick) • 1 bag – pecan pieces • 1 box – Wheat Thins Original Grain Wheat Crackers (for dipping)

Directions 1. Mix the softened cream cheese, mayonnaise, and sour cream together. 2. Add the sharp cheddar cheese, chopped onion, garlic powder and hot sauce. 3. Mix well. 4. Line a tall glass bowl with plastic wrap and fill the bowl with the mixture. 5. Cover and refrigerate for one hour. 6. When you are ready to serve it, invert it onto a plate, remove the plastic wrap, and cover the cheese ball with pecan pieces. 7. Add Wheat Thins or Ritz Crackers to the plate and enjoy!

OCT/NOV 2020 | NASHVILLE BAR JOURNAL

Editorial |

A Lawyer’s Recipe for 2020 Lemonade (continued from page 12)

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Give Your Team Flexibility Now that you and your team are fully capable of doing work from virtually anywhere on the planet, consider flexible human resources policies that allow your team to do their work whenever and wherever is best for them. After all, as long as the work gets done— and gets done well—why does it matter whether team members are working at 9:30pm on a Tuesday after putting the kids to bed, or a half day Saturday because the weather on Friday afternoon was perfect for a long bike ride? For the most part—and with few exceptions—it does not matter. And if that is what it takes to retain a high quality, happy team who is responsible and dedicated to getting the job done, so be it. As an aside, consider the long term cost savings of remote work arrangements. Become More Self-Sufficient Finally, let us admit this dirty little secret. As lawyers, we intentionally do not learn to do certain things because we selfishly want our support staff to do it for us instead. Back in pre-pandemic days when we were all sharing the same office space, we were mostly allowed to get away with this tactic. But consider how vulnerable our own helplessness makes us in the pandemic environment. It often takes more time to ask for help and then wait for the help to arrive (like a damsel in distress) than it would be to just perform the simple task for ourselves. Do you know how to print a mailing label, convert a Word

NASHVILLE BAR JOURNAL | OCT/NOV 2020

document to a PDF, red-line a document for tracked changes, enter your own time into your billing program, find a deed online, or e-file a pleading? If not, now is the time to learn.

I have been tinkering with this article on and off all day, taking calls, and answering emails in between sessions of writing a couple of sentences at a time. And of course, Archie and I had that Zoom client meeting, which turned out to be the most exciting part of our day. By now it is Friday afternoon. It is beautiful outside. It is too late for a long bike ride, and I am too tired for that anyway. But I think Archie and I are going to head to the porch for some lemonade. If you want to join us, you can hop into my Zoom room. Cheers, everyone. Here’s to 2020—and beyond! n ANDRA HEDRICK is an estate attorney in GSRM’s Wills, Trusts and Estates Section. She represents fiduciaries, beneficiaries and creditors in probate court. Andra focuses primarily on complex estates, trusts and conservatorships, including those in litigation.

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NBA + NBF Golf Tournament | September 2020 Scott Hickman, John Farringer, John Voigt & Mike Abelow

Randy Kinnard & John Cheadle Marshall Crawford, Luther Wright, Robert Cooper & Jones Adukeh

Gil Schuette, Grace Fox, Mark Donnell & Mark Lenihan Jeff Gibson, John Eason, Dave Mayer & Jay Knight

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NBA + NBF Golf Tournament | September 2020 Joe Welborn, Anne Hamer, Bryan Metcalf & Paul G. Jennings

William Scales & Rob Hazard

Tom Lawless

Nathan Sanders, Isaac Sanders, Cory Nellis & Trey Reliford Josh Sudbury, Taylor Sample, Trey Moore & Patrick Hudson

Glen Watson

OCT/NOV 2020 | NASHVILLE BAR JOURNAL

Hearsay | Honors & Awards, On the Move, Firm News HONORS & AWARDS Nashville attorney Phillip Miller spoke at the virtual Boardwalk Seminar 2020 on the topic of “current research on jury attitudes in the COVID era and its impact of deposition and trial strategy.” The program—presented by the New Jersey Association for Justice—included attorneys from across the US that were considered to be of the “Top Ten in America.” Bradley partner Junaid Odubeko was accepted into the ABA Section of Litigation’s Diverse Leaders Academy, which provides opportunities for lawyers in underrepresented groups to participate in leadership roles. Odubeko is a member of Bradley’s litigation practice group and focuses his practice on advising and representing clients in complex commercial and business disputes and real estate litigation. ON THE MOVE The Davidson County General Session Court Judges have elected Judge Sam Coleman to serve as Presiding Judge over the Davidson County General Sessions Court effective September 1. Coleman succeeds Judge Lynda Jones. Judge Coleman was appointed to General Sessions Court, Division 10 in 2017. Prior to his appointment, he

was a practicing attorney specializing in criminal, civil, probate, landlord and tenant law. He served as a member of the Metro Council serving Districts 32 and 33 for over 10 years, before his appointment to the court. The US District Court for the Middle District of Tennessee announced the selection of Lynda Motes Hill as the new Clerk of Court. She formerly served as a member at Frost Brown Todd. Hill was sworn in on August 3 by Judge Waverly Crenshaw. Burr & Forman has added attorney Renee Rayne to their health care practice. Her practice will focus on the representation of public and private hospitals and physician groups in regulatory and transactional matters, particularly related to Medicaid participation and reimbursement. Prior to joining the firm, Rayne interned with Magistrate Judge E. Clifton Knowles of the US District Court for the Middle District of Tennessee. FIRM NEWS Legal Aid Society of Middle Tennessee announced its new board of directors, which includes newly appointed President Drew Goddard of Bass, Berry & Sims. He will serve a two-year term. n

NASHVILLE BAR JOURNAL | OCT/NOV 2020

LAWYER REFERRAL & INFORMATION SERVICE

Are you looking for another avenue for revenue and referrals, specifically those tailored to your practice area? If so, the NBA Lawyer Referral & Information Service needs you. We are currently in need of attorneys who handle issues such as:

COVID-19 Related Employment Immigration Workers’ Compensation For information on joining the LRIS, visit NashvilleBar.org/ LRISAttorneyRegistration or contact LRIS@nashvillebar.org. We look forward to hearing from you!

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Michael G. Abelow Gail Vaughn Ashworth Jill Bartee Ayers Laura B. Baker Kathryn E. Barnett Brandon E. Bass Margaret L. Behm Hon. Cheryl A. Blackburn Christen C. Blackburn Hon. Melissa Kurtz Blackburn Charles Robert Bone Charles W. Bone Hon. Claudia C. Bonnyman G. Gordon Bonnyman, Jr. Janice Bossing C. Dewey Branstetter, Jr. Hunter Branstetter Mary Barrett Brewer Lisa Brooks Colin J. Carnahan Cynthia C. Chappell William T. Cheek, III Justice Cornelia A. Clark Kimberly Faye Clark John Ray Clemmons Hon. Frank G. Clement, Jr. Crystal R. Cole Jonathan Cole Lisa Ramsay Cole Brooke McLeod Coplon

Nancy Krider Corley Hon. Patsy Cottrell Hon. Martha Craig Daughtrey John A. Day Joy Day Jacqueline B. Dixon Brenda Measells Dowdle Jennifer M. Eberle Sherie Lea Edwards Hon. Ana L. Escobar Amy J. Farrar Hon. Mark J. Fishburn Grace A. Fox Anne Frazier Mary Taylor Gallagher Paula D. Godsey Wendy H. Goggin Melanie Gober Grand Charles K. Grant Hon. Marian F. Harrison Trey Harwell William J. “Paz” Haynes, III Candi Renee Henry Emily Ann Herbert Salvador M. Hernandez Reggie Hill Matthew R. Hinson N. Courtney Hollins Kristen Johns Karen Johnson

Martesha L. Johnson Hon. Lynda F. Jones Mary F. Kampa O’Mara Brendi Kaplan Suzanne Gregory Keith Lauren Kilgore Nina M. Kumar Judith Lojek Wendy L. Longmire Kim Harvey Looney Carla L. Lovell Hon. Ellen Hobbs Lyle Monica Walls Mackie Michele Marsicano Hon. Anne C. Martin Margaret C. Mazzone Hon. Amanda McClendon Hon. Carol L. McCoy Mary E. Morris Marlene Eskind Moses Hon. Patricia Head Moskal Barbara J. Moss Karen Scott Neal Hon. Alistair Elizabeth Newbern Courtney Orr Brant Phillips, Jr. Sara Anne T. Quinn Jimmie Lynn Ramsaur Candice L. Reed Nathan H. Ridley

Lauren Paxton Roberts Worrick G. Robinson, IV Helen Sfikas Rogers Christopher C. Sabis Maria M. Salas Stacey Linn Schlitz Heather Scott Hon. Marietta M. Shipley Elizabeth Sitgreaves Eric W. Smith Laura Smith Mary Dohner Smith Shannon C. Smith Nancy Wood Stabell Grace Stranch Hon. Jane B. Stranch M. Allison Thompson Overton Thompson, III Annie Tipps Martha J. Trammell Hon. Aleta Arthur Trauger Malaka Watson DarKenya W. Waller Vivian Wilhoite Hon. Bill Young Jane Young Mandy Haynes Young Gulam R. Zade Stephen J. Zralek

Thank You for Your Membership! The NBA Premier Membership recognizes those 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.

PREMIER MEMBERS

Gail Vaughn Ashworth

Lisa Helton

David Raybin

Laura Baker

Jamie Hollin

Sara Reynolds

William Ball

Paul Housch

Nathan Ridley

Carson Beck

Jan Jennings

Christopher Sabis

Daniel Berexa

Andrew Kaufman

Carolyn Schott

Michael Berman

Jordan Keller

Joe Shelton

Mark Beveridge

John Kitch

Kimberly Silvus

Hon. Joe Binkley

Dean Bill Koch

Martin Sir

Hon. Melissa Blackburn

Irwin Kuhn

Ron Small

Jonathan Bobbitt

Ed Lanquist

Eric Smith

Charles Bone

Tom Lawless

Laura Smith

C. Dewey Branstetter

Will Lewis

Saul Solomon

Hon. Joe Brown

Wendy Longmire

John Spragens

Kenny Byrd

Christina Lopez

Joycelyn Stevenson

Chris Cardwell

Hon. Randal Mashburn

Mike Stewart

Loy Carney

Sam McAllester

Gerard Stranch

Kay Caudle

Hon. Amanda McClendon

Jim Stranch

Mark Chalos

Nicholas McGregor

Hon. Aleta Trauger

Will Cheek

Bob Mendes

Howard Vogel

Christopher Coleman

Margaret Moore

Michael Wall

Hon. Patsy Cottrell

Marlene Moses

Liz Washko

John Day

Hon. Patricia Head Moskal

Jim Weatherly

Joy Day

Phil Newman

Tom White

Jackie Dixon

Marc Overlock

Tom Wiseman

Blair Durham

Matt Painter

Talley Wood

Keith Frazier

David Parsons

Sheree Wright

Richard Green

Gregory Pease

Ed Yarbrough

John Griffin

Andrea Perry

Hon. Bill Young

Bill Harbison

Tracy Powell

Stephen Young

Aubrey Harwell

Joseph Presley

Gulam Zade

Trey Harwell

George Preston

Stephen Zralek

NASHVILLE BAR JOURNAL | OCT/NOV 2020

The Affinity Program EXCLUSIVE MEMBER SAVINGS ON LOCAL PRODUCTS & SERVICES!

The Affinity Program is made up of partnerships that foster a mutually beneficial relationship between the NBA, our members, and participating local businesses. To learn more, view member discounts, and get your NBA Membership card to present to vendors to receive your discount, visit NashvilleBar.org/AffinityProgram or email Vicki.Shoulders@nashvillebar.org today!

OCT/NOV 2020 | NASHVILLE BAR JOURNAL

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. To become part of NBAâ&#x20AC;&#x2122;s 100% Club, contact Vicki.Shoulders@nashvillebar.org and support your local bar association today!

Adams & Reese

Keller, Turner, Andrews & Ghanem

Rainey, Kizer, Reviere & Bell

Anderson & Reynolds

Kinnard, Clayton & Beveridge

Raybin & Weissman

Baker Donelson

Latitude

Riggs Davie

Blink Law

Law Offices of John Day

Riley, Warnock & Jacobson

Bone McAllester Norton

LBMC

Robinson, Reagan & Young

Bradley

Leader & Bulso

Rogers, Shea & Spanos

Branstetter, Stranch & Jennings

Legal Aid Society

Rudy Winstead Turner

Brewer, Krause, Brooks & Chastain

Leitner, Williams, Dooley & Napolitan

Schulman, LeRoy & Bennett

Burr & Forman

Lewis Thomason

Shackelford, Bowen, McKinley & Norton

Butler Snow

Lieff, Cabraser, Heimann & Bernstein

Sherrard Roe Voigt & Harbison

Cameron Worley

Lindsey + Amonette + Nemer

Sims|Funk

Cole Law Group

Martin Heller Potempa & Sheppard

Smith Cashion & Orr

Cornelius & Collins

Matt Hardin Law

Smythe Huff & Murphy

Dickinson Wright

McCarter & Beauchamp

Spicer Rudstrom

Dodson Parker Behm & Capparella

Meridian Law

Starnes Davis Florie

Equitable Trust Company

Morgan & Akins

Stites & Harbison

Evans, Jones & Reynolds

MTR Family Law

Sutherland & Belk

Fisher & Phillips

Nashville Electric Service

Taylor, Pigue, Marchetti & Blair

Frazer

Neal & Harwell

Venick, Kuhn, Byassee, Austin & Rosen

Frost Brown Todd

Nelson, Mullins, Riley & Scarborough

Warner Music Group

Grissim & Hodges

North, Pursell & Ramos

Watkins & McNeilly

GSRM Law

Ogletree Deakins

Weatherly, McNally & Dixon

Hall Booth Smith

Ortale Kelley Law Firm

White & Reasor

Healthcare Realty Trust, Inc.

Parker, Lawrence, Cantrell & Smith

Wiseman Ashworth Law Group

Holton & Mayberry

Patterson Intellectual Property Law

Wood Stabell Law Group

Kay Griffin

Pepper Law

Wyatt, Tarrant & Combs

NASHVILLE BAR JOURNAL | OCT/NOV 2020

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Nashville Bar Journal | October/November 2020

Articles inside

From the President

A Lawyer’s Recipe for 2020 Lemonade