Nashville Bar Journal | December/January 2017-18 by Nashville Bar Association

JOURNAL Journal Journal

DECEMBER/JANUARY 2017-18 | VOLUME 17 | NO. 6

FEATURE

“Thank You for Your Service!” ALSO

Season for Giving NBA Community Relations Military Spouse Ruling Ceremony

YOU CHOOSE THE CHECKING WE’LL PAY YOUR NBA DUES Open a First Tennessee checking account with direct deposit, and we’ll pay your Nashville Bar Association membership dues (currently a $255 value) for one year. We have several great checking options you can choose – each available with the convenience of free Banking Online and Mobile Banking. Learn more at FTB.com/checking or present this ad at any financial center in Middle Tennessee. See terms and conditions below for offer details.*

*Terms and Conditions: Offer valid August 1, 2017 - April 30, 2018. You must present this printed offer at a financial center in Middle Tennessee when you open your checking account. Minimum

opening deposit is $100, and cannot be transferred from an existing First Tennessee account. Cannot be combined with other checking offers or promotions. Accounts opened online are not eligible. You must be a new checking household, which means that no member of your immediate household has had an open First Tennessee consumer checking account in the previous 12 months. A direct deposit must post to this account within 60 days. You agree to maintain the account in good standing for at least 6 months. If you meet the conditions of this offer, you will receive a voucher in the mail within 6 weeks of your first direct deposit. You will be able to present this voucher to the Nashville Bar Association. The Association will then return it to us, and we will pay to them your dues for your one year of NBA membership. Upon delivery of the voucher to you, First Tennessee is required to report the $255 value as interest income on Form 1099-INT. This voucher is non-transferable, cannot be redeemed for cash or any alternative bonus, and must be presented by you to the Association by April 30, 2018. FSR: Use promo code NBADUE. ©2017 First Tennessee Bank National Association. Member FDIC. www.firsttennessee.com

JOURNAL 6 Journal Journal DECEMBER/JANUARY 2017-18 | VOLUME 17 | NO. 6

FE ATU R E

“Thank You for Your Service!” John D. Kitch

DEPA R TM E N TS

From the President

Calendar of Events

Hear Ye, Hear Ye

Erin Palmer Polly

Directory Cover Contest Liberty Bell Award Local Court Rules NBA Goes YouTube NBF Grant Pro Bono Recognition Trivia Night Happy Hour YLD Mock Trial

CLE Schedule 100% Club

Member Updates

Hearsay

A Season for Giving 11 Noel Bagwell

NBA Community Relations 27 Lynne T. Ingram Military Spouse Ruling Ceremony at the 29 Supreme Court

George C. Paine, II

CO L UMNS

17 32 34 38

Background Check 13 Bart Pickett Gadget of the Month 15 Bill Ramsey & Phillip Hampton NBA Annual Meeting & Banquet 33 2017 Award Winners

DEC/JAN 2017-18 | NASHVILLE BAR JOURNAL

JOURNAL JOURNAL FROM THE PRESIDENT Giving Back | Erin Palmer Polly Journal Ousmane Ndione is from a small village in Senegal, Journal West Africa. He came to the United States in 1990 and

ERIN PALMER POLLY, Publisher

WILLIAM T. RAMSEY, Editor-in-Chief

ramseywt@nealharwell.com

ELEANOR WETZEL, Managing Editor

eleanorwetzel@jis.nashville.org

EDITORIAL COMMITTEE NOEL BAGWELL CHANDLER FARMER KIMBERLY FAYE CAROLINE HUDSON TIM ISHII CALLIE JENNINGS TRACY KANE ROB MARTIN LEE NUTINI EVERETTE PARRISH BART PICKETT BILL RAMSEY MIKE SANDLER KRISTIN THOMAS JONATHAN WARDLE NASHVILLE BAR JOURNAL (ISSN1548-7113) (USPS 021-962) is published bi-monthly by the Nashville Bar Association, 150 4th Ave N, Ste 1050, Nashville, TN 37219. Periodicals Postage Paid at Nashville TN. POSTMASTER: Send address changes to Nashville Bar Journal, 150 4th Ave N, Ste 1050, Nashville, TN 37219-2419. No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. All articles, letters, and editorials contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association. For more information, visit NashvilleBar.org/NashvilleBarJournal. 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 1050 Nashville, TN 37219 615-242-9272 | NashvilleBar.org The Nashville Bar Association, established in 1831, is a professional organization serving the legal community of Nashville, Tennessee. The NBA—with over 2,800 members—is the largest metropolitan bar association in Tennessee.

joined the Army not long thereafter. He was a munitions officer for 15 years and served tours of duty in Afghanistan, Korea, and Kosovo. Ousmane married Khady Diop in 1998, and they now have four lovely children. On Saturday, November 4, 24 NBA members and staff helped build a home for Ousmane and his family through Habitat for Humanity of Greater Nashville. We hung doors, cut and installed window sills and door frames, installed vinyl siding, and painted every room in the house. It was a remarkable experience to build a home alongside its future owners and to get to know members of our profession on a deeper level. This past year, through the leadership of Lynne Ingram and the Community Relations Committee, we made great strides toward getting our members out into the community helping those who need it most. The NBA is going to continue giving back to the community in 2018, and I need you guys right there with me. Why should you do it? First, you’ll live longer. Sardinia is an island in the Mediterranean Sea that has more centenarians than any other location in the world. Scholars and locals have given many reasons for the longevity of the Sardinians—genetics, healthy diets, mountain air, and pure groundwater. However, I most like the explanation that Susan Pinker gave in her 2017 TED talk. Susan is a psychologist and social scientist, and she concluded that the leading reason for the longevity of the Sardinians is that they’re not lonely. They regularly enjoy face-to-face interaction with others in their community. In so doing, the Sardinians serve as a moving example of the direct impact that active community involvement can have on all of us. Second, you’ll be happier. A 2016 report from the Hazelden Betty Ford Foundation and the American Bar Association reveals that 28% of lawyers struggle with some form of depression. It is staggering to think that one in four of our colleagues struggle with depression, but thankfully there is good news. A 2015 study that was published in the Journal of the American Geriatrics Society found that face-to-face social interaction dramatically reduces the risk of depression. I can attest to the fact that those of us who volunteered for the Habitat for Humanity build felt wonderful afterward—sore and tired, but wonderful. Finally, while living longer and being less susceptible to depression are valuable benefits to us, I propose that the most important benefit is the impact that we make. By the very choice of our profession, we are driven to help others solve complicated problems, to champion those who need guidance in a world of complexity and uncertainty, and simply put, to serve. I know from experience that we are constantly managing deadlines and work responsibilities, building client relationships, and aggressively pursuing professional growth. While these are important and necessary endeavors, the ultimate legacy that we will leave for future generations is our fingerprint on the communities that we have served. So, get geared up! It’s going to be an incredible year at the NBA. We are going to do amazing things for our members, our profession, and our community—and we are going to have a blast in the process. Your dedication, participation, and passion are essential to ensuring that 2018 will be our best year yet! —

NASHVILLE BAR JOURNAL | DEC/JAN 2017-18

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

DECEMBER 2017 M O N D AY

T U E S D AY

W E D N E S D AY

T H U R S D AY

F R I D AY

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

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

1 NBA Board Mtg & Reception 4:00pm | Nashville School of Law

Membership Committee Mtg 12:00pm

NBA Annual Meeting & Banquet 5:30pm | Music City Center

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

5 LAW Board Mtg | 11:30am

Historical Committee Mtg 11:30am | Hal Hardinâ&#x20AC;&#x2122;s Office

CLE Committee Mtg | 11:30am NBFLF Steering Committee Mtg 4:00pm

NALS Mtg | 12:00pm

Ethics Committee Wine & Cheese Reception | 4:00pm

Holiday | NBA Offices Closed

HAPPY HOLIDAYS!

JANUARY 2018 M O N D AY

T U E S D AY

W E D N E S D AY

Holiday | NBA Offices Closed

HAPPY NEW YEAR!

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

T H U R S D AY

2 NBA Board Mtg | 4:00pm

F R I D AY

NALS Mtg | 12:00pm

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

NBF Fellows Dinner Committee Mtg 3:00pm Holiday | NBA Offices Closed

CLE Brainstorming Mtg | 4:00pm Patterson Intellectual Property Law

18 NBA Trivia Night Happy Hour 5:30pm | Location TBD

19 Diversity Job Fair Reception 5:30pm | Waller

DEC/JAN 2017-18 | NASHVILLE BAR JOURNAL

JOURNAL JOURNAL Journal Journal

2017 NBA BOARD OF DIRECTORS NATHAN H. RIDLEY, President

Hear Ye, Hear Ye |

Events of Interest

Nashville Bar Foundation Grant

The Nashville Bar Foundation is now accepting grant applications. 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 no later than Monday, January 15. n

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

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

NBA Trivia Night Happy Hour

Are you confident that you’re the smartest person in the NBA? Now is the time to prove it! Join us for our 2nd Annual Trivia Night Happy Hour on Thursday, January 25 (location TBD). Registration is at 5:30pm and trivia begins at 6:00pm. RSVP in teams of five online at NashvilleBar.org/HappyHour. We’ll provide food and drinks—compliments of Huseby—and fun times with your attorney friends and colleagues. Email Traci.Hollandsworth@nashvillebar.org if you have any questions. n

DARKENYA W. WALLER M. BERNADETTE WELCH STEPHEN J. ZRALEK

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

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

Liberty Bell Award

Nominations are now being sought for the Liberty Bell Award, which will be presented during the NBA’s annual Law Day Luncheon on Friday, May 4, at the Renaissance Nashville Hotel. This award is given to the person or group—not necessarily attorneys or law related groups—who has promoted a better understanding of the rule of law, encouraged greater respect for law and the courts, stimulated a sense of civic responsibility, or contributed to good government. Nominations should be submitted to the NBA Community Relations Committee via Traci.Hollandsworth@nashvillebar.org no later than Monday, March 19. n

NASHVILLE BAR JOURNAL | DEC/JAN 2017-18

2018 Attorney Directory Cover Contest NBA Goes YouTube

Each year, the NBA Historical Committee puts on a free CLE for local attorneys. The topics range from government scandal to murder mystery, all directly tying in to the Nashville community. These outstanding programs are now available on YouTube.com/NashvilleBar for your viewing pleasure: Baker v. Carr

Are you an attorney with an artistic side? The NBA is now accepting submissions of Nashville themed artwork or photography to be featured on the cover of the 2018 Attorney Directory. The winner will receive a complimentary directory along with their name and title of the artwork printed inside, and the opportunity to display their art at the annual Law Day Luncheon on Friday, May 4, at the Renaissance Nashville Hotel. You may send your submission in high-resolution JPEG or PDF format to Jill.Presley@nashvillebar.org, no later than Friday, February 23. n

2017 Attorney Directory Cover Winner(s) Kimberly Faye & Phillip Clark

Hoffa! Blanton The Marcia Trimble CLE is currently in production and will be available in 2018. n

Local Court Rules

The U.S. District Court for the Middle District of Tennessee is in the process of reviewing the current local rules for needed updates and revisions. This is a comprehensive review of both the civil local rules and the criminal local rules. Comments from the bar about the existing rules and suggested changes or revisions are welcomed. Please email your comments and suggestions to rules@ tnmd.uscourts.gov. Comments must be received by the end of the day on December 15 to be considered. Once the Court and the working groups have completed their review, proposed revisions to the local rules will be published online for public comment. n

Pro Bono Recognition

A number of NBA members were honored by the Tennessee Supreme Court on October 18 for their pro bono service in 2016. The â&#x20AC;&#x153;Attorney for Justiceâ&#x20AC;? award recognizes licensed Tennessee attorneys who provide at least 50 hours of pro bono services annually to those who cannot afford legal costs. The complete list of honorees is available on the Administrative Office of the Courts website, TNcourts.gov. n

Calling Volunteers For Mock Trial

The NBA Young Lawyers Division will once again host the Davidson County High School Mock Trial Competition on Friday, February 23, and Saturday, February 24, at the Historic Metro Courthouse. If you are available to volunteer, please email Casey at cmiller@bradley.com and include: (1) the round(s) for which you are available and (2) whether you would prefer to serve as a juror/scorer or presiding judge (or no preference). Volunteers are needed to help judge and score each of the following rounds: Round 1 | Friday, Feb 23 at 4:00pm Round 2 | Friday, Feb 23 at 6:00pm Round 3 | Saturday, Feb 24 at 8:30am Round 4 | Saturday, Feb 24 at 11:30am Volunteers are what make this competition possible every year, and the students greatly appreciate your time and support. We look forward to seeing as many of you as possible for this event! n

DEC/JAN 2017-18 | NASHVILLE BAR JOURNAL

Feature Story | John D. Kitch

NASHVILLE BAR JOURNAL | DEC/JAN 2017-18

“Thank You For Your Service!”

How often have you seen this phrase on television or Facebook or heard it said in an airport? When people see an active duty service member or veteran of military service, “Thank you for your service” is what they say. There even is a movie out now with that title. But what does it mean? Is it anything more than an empty phrase? When people say it do they really understand what that service member has done or experienced? Do they say it to the homeless man or woman wearing a field jacket downtown? Do they understand the challenges the service member faces when he or she comes home? I recently attended Judge Melissa Blackburn’s Veterans Court Graduation Ceremony and heard Metro Councilwoman Tanaka Vercher, a Navy veteran herself, suggest that we should instead be saying, “Thank you for your sacrifice.” Ask Judge Blackburn about the depth of sacrifice many of our veterans have made and the challenges they face in returning to civilian life. She knows. She knows that military veterans face many obstacles when they leave military service, and one big obstacle facing many of them is homelessness. About 11% of the adult homeless population are veterans. The U.S. Department of Veterans Affairs reports that homeless veterans nationwide are predominantly male, with roughly 9% being female. Most are single, live in urban areas, and suffer from mental illness, alcohol and/or substance abuse, or other related disorders. Roughly 45% of all homeless veterans are African American or Hispanic, despite only accounting for 10.4% and 3.4% of the U.S. veteran population respectively. Homeless veterans are younger on average than the total veteran population; approximately 9% are between the ages of 18

and 30, and 41% are between the ages of 31 and 50. However, only 5% of all veterans are between the ages of 18 and 30, and less than 23% are between 31 and 50. America’s homeless veterans have served in World War II, the Korean War, Cold War, Vietnam War, Grenada, Panama, Lebanon, Persian Gulf War, Afghanistan and Iraq, and the military’s anti-drug cultivation efforts in South America. Nearly half of homeless veterans served during the Vietnam era. Twothirds served our country for at least three years, and one-third were stationed in a war zone. About 1.4 million other veterans, meanwhile, are considered at risk of homelessness due to poverty, lack of support networks, and poor living conditions in overcrowded or substandard housing. Why is veteran homelessness such a problem? The answer is that many veterans can’t find places they are able to rent due to criminal history, the rental cost, the absence of a rental history, having no bank account, having bad or no credit, and prior evictions. Often veterans have no identification—no driver’s license, no Social Security card, and no birth certificate. They have no transportation, they have outstanding judgments against them, they have past due child support obligations, and they are unemployed. The Nashville Bar Association’s Veterans Committee is focusing on veterans’ homelessness. The Committee has partnered with the Mayor’s office, the Metro Homelessness Commission, Operation Stand Down, Legal Aid, the Veteran’s Court, and the Nashville Serving Veteran’s Council in working on these issues. We are seeking ways to minimize or eliminate the obstacles to housing, such as expunging criminal records, (continued on page 8) (continued on page 00)

DEC/JAN 2017-18 | NASHVILLE BAR JOURNAL

Feature Story | You just need to be able to say, “Thank you for your service” through your actions. . . Who knows? A veteran you have helped just might thank you for your service. fixing credit reports, addressing child support arrearages, driver’s licenses and other identification, and the like. One way we have done this is to organize trainings for lawyers so that our homeless veterans can get help to remove these obstacles to finding affordable housing. One such training explained how to address driver’s license revocation. This training educated lawyers on how to file motions for waivers of outstanding fees and costs, how to establish payment plans for child support arrearages, and how to make referrals for bankrupt-

“Thank You for Your Service!” (continued from page 7)

cy help in cases involving traffic accidents. Another session identified practical strategies for addressing IRS debt, medical debt, consumer debt, and student loan debt. Yet another focused on what criminal records can be expunged and providing forms for seeking this relief, as well as reviewing the basics of landlord/tenant law to prepare lawyers to help veterans avoid eviction and its consequences. There is also an opportunity for lawyers to work with Operation Stand Down (OSD). OSD hosts a legal clinic on the third Wednesday of each month. More lawyer volunteer help is needed. NBA’s Community Partner, Legal Aid Society, has a Volunteer Lawyers Program which coordinates lawyers who meet with veterans regarding civil legal needs. In 2016, 75 veterans received legal help from the 31 lawyers who volunteered at the clinics and identified a total of 87 legal issues. Of these 87 legal issues, the top three recurring legal issues were debt collection/bankruptcy (17%), divorce (16%), and landlord/tenant dis-

putes (15%). We need more volunteers for this program, and I encourage our NBA members to participate. All you have to do is contact Lucinda Smith at Legal Aid or fellow bar member Martha Boyd at Operation Stand Down and ask them how you can give back to these men and women who have given so much for us. Just so you know, you don’t have to be a veteran yourself to be a member of the Veterans Committee or, more importantly, to help those veterans in need. You just need to be able to say, “Thank you for your service” through your actions, with the knowledge that when you help these veterans in need you have done more than just say words. Who knows? A veteran you have helped just might thank you for your service. n Statistics from the National Coalition for Homeless Veterans and available at NCHG.org. JOHN D. KITCH is Of Counsel with Cornelius & Collins, LLP, in Nashville, Tennessee. Before that he was a sole practitioner for more than 38 years.

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

THANK YOU to Legal Video Service of TN for donating time to make this possible! Mt Juliet, TN 37122 | 615-449-4482 Any NBA member age 65 or older may record an oral history. For information or to schedule your time, contact Gareth Aden at Gaden@gsrm.com or Hal Hardin at HalHardin@aol.com.

NASHVILLE BAR JOURNAL | DEC/JAN 2017-18

A graduate of Purdue University and Vanderbilt Law School, he is a former law clerk for Justice Joe Henry of the Tennessee Supreme Court, a former lecturer at Vanderbilt Law School, and a current faculty member at the Nashville School of Law. John is co-chair of the NBA Veterans Committee, past president, a past first vice president and two-time member of the Board of Directors of the NBA, and a Fellow and a past president of the Nashville Bar Foundation.

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OPERATING

CAN YOU NAME THESE PEOPLE?

Be the first person to email the correct answer to Jill.Presley@nashvillebar.org, and your nameâ&#x20AC;&#x201D;along with the correct answerâ&#x20AC;&#x201D;will appear in the next issue.

OCT/NOV GOLDEN OLDIES

Congratulations to Anne Martin, who was able to correctly identify the individuals in the August/September issue photo. Pictured (left to right) are Nancy Vincent, Karl Dean, Deweese Berry, Barbara Holmes, and Paul Parker.

Habitat for Humanity Dedication Ceremony Erin Palmer Polly (NBA President), Lynne T. Ingram (NBA Community Relations Committee Chair), and Monica Mackie (NBA Executive Director) welcome The Ndione & Diop Family into their new Habitat for Humanity of Greater Nashville home.

For more information, refer to pages 2 and 27 in this issue, and visit NashvilleBar.org/PhotoGallery. 10

NASHVILLE BAR JOURNAL | DEC/JAN 2017-18

Editorial |

Noel Bagwell

A Season for Giving We are often reminded, at this festive time of year, of the importance of charity. When I was about 14 years old, I went with my grandparents to San Juan, Puerto Rico, during the first full week of December. This trip has been on my mind recently, as Puerto Rico has been struggling to recover from the devastating effects of Hurricane Maria. Indeed, six weeks after Maria decimated Puerto Rico’s power grid, the island remained without power. When I visited Puerto Rico in the 1990s, I particularly remember all of the decorations for El Día De Los Reyes (literally, the “Day of the Kings,” or as it is sometimes called, in English, “Three Kings’ Day”), a holiday we don’t really celebrate much in the rest of the United States. Most Puerto Ricans are Catholics, for whom Christmastide doesn’t officially end until the 12th day of Christmas, otherwise known as the “Feast of the Epiphany” or “Three Kings’ Day.” The holiday celebrates the three kings’ adoration of the Jesus described in the Gospel of Matthew. According to Matthew, the three kings found the divine child by following a star across the desert for 12 days to Bethlehem. Melchior, Caspar, and Balthazar—representing Europe, Arabia, and Africa, respectively—travelled by horse, camel, and ele-

phant in order to present the Christ Child with their gifts. From this tradition, the tradition of giving gifts at Christmas was born. Many people are especially attentive to the needs of the poor at this time of year. This is all good, of course, but even throughout the rest of the year, the need for the brightness and warmth of charitable and giving spirit endures far beyond the twinkling lights and crackling fires that make our holiday celebrations so cheerful. So, let us consider a few ways we can keep alive that spirit of giving, year-round. Emanuel Swedenborg is credited with saying, “True charity is the desire to be useful to others with no thought of recompense.” Whenever you are looking for opportunities to be charitable, consider pro bono work. Whether you’re taking on pro bono litigation representation or helping to resolve disputes out of court, your skills as a lawyer are incredibly valuable to those you serve. You don’t have to be a high-income person to make a big impact through pro bono service. I love Jack London, whose writing I devoured as a young man; he said, “A bone to the dog is not charity. Charity is the bone shared with the dog, when you are just as hungry as the dog.” Being able to spare even a few (continued on page 12)

DEC/JAN 2017-18 | NASHVILLE BAR JOURNAL

Editorial |

A Season for Giving (continued from page 11)

hours of pro bono service means a lot to your clients, and being able to relate to their needs at a human level can sometimes mean just as much. One great way to get plugged in to pro bono opportunities is to reach out to the Legal Aid Society (LAS), Tennessee’s largest non-profit law firm, serving 48 counties. Through their Volunteer Lawyers Program, LAS connects hundreds of private attorneys to clients in need of pro bono legal services. Plus, they provide legal literature to thousands of people each year. Volunteering with LAS will enable you to assist people with consumer, employment, family, health, and housing cases. Another excellent organization, and one that receives less attention than it deserves, is the Nashville Conflict Resolution Center (NCRC). The NCRC’s mission is “to empower individuals and families to resolve and move beyond conflict through mediation.” Founded by the NBA’s Alternative Dispute Resolution (ADR) committee, the NCRC has been a force for restorative conflict resolution in Nashville since 2000. It provides mediation and training for mediators and offers free or sliding-scale fees for low-income people who have ADR needs. Volunteering as a mediator (or an attorney providing mediation representation) with the NCRC is a great opportunity for pro bono work with a few hidden perks for attorneys. From a practical, logistical perspective, pro bono work with NCRC is particularly convenient, because NCRC handles all the paperwork pertaining to the mediation. All a mediator has to do is show up and perform the mediation. Compared to handling all of the paperwork that attends even the

simplest litigation matter, mediation is a breeze. The agreements that are reached in mediation are voluntary resolutions of the parties’ disputes. In general, therefore, parties tend to have a better chance of experiencing restoration of their relationship when they go through mediation, whereas litigation is inherently adversarial, and often contentious— both during and after the suit. Alternative Dispute Resolution requires parties to look at conflict resolution in a creative, collaborative way and ask questions that sometimes don’t consider clear-cut legal issues. This type of challenging work is great for attorneys who enjoy creative problem-solving. Teaching is another great pro bono activity, and opportunities abound for attorneys to share valuable legal information with highly engaged audiences. For more than 52 consecutive months, I have been going to Fort Campbell once per month to teach the legal component of the Boots to Business workshop, which is the result of collaboration between the Small Business Administration, Department of Defense, and their affiliates. I have personally taught over 1,500 retiring military personnel about legal issues such as business organizations, intellectual property, contracts, and the like. There are many organizations that offer workshops and seminars for the public, which could also be a forum for instruction on relevant legal issues. If you’re interested in getting plugged-in to these types of opportunities, reach out to the Tennessee Small Business Development Center, the Chambers of Commerce, and other similar organizations. Non-profit organizations are often

NASHVILLE BAR JOURNAL | DEC/JAN 2017-18

(continued on page 16)

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 consumer issues, such as: False Advertising Charging Undisclosed Fees Bait-and-Switch Marketing Charging for Services Not Provided For information on joining the NBA LRIS, contact Wendy.Cozby@ nashvillebar.org or visit NashvilleBar. org/LRISAttorneyRegistration. We look forward to hearing from you!

THE EXCLUSIVE REFERRAL SERVICE FOR THE NBA

BACKGROUND CHECK

Gail Vaughn Ashworth | Bart Pickett

Originally from Huntsville, Alabama, Gail Vaughn Ashworth has been in Tennessee since college. A classically trained pianist, Ashworth went to Tennessee Tech on a music scholarship. From the time she was a small child, Ashworth wanted to the play the piano, which she attributes to her favorite aunt. Following college graduation, Ashworth continued her education, obtaining a Master’s in Special Education. During the year she spent teaching special education at Gallatin High School, Ashworth developed an interest in law. Ashworth started Vanderbilt Law School in 1980. While in law school, she worked for a local defense firm. After graduating in 1983 and wanting trial experience, Ashworth accepted a job with what is now Howell & Fisher. Following a couple of firm moves, Ashworth and longtime partner, Tom Wiseman, started their current firm, Wiseman Ashworth in 2010. Her current practice revolves around defense work, particularly health care liability. She also has a thriving dispute resolution practice serving as both a mediator and an arbitrator. Since being a young lawyer, Ashworth has found the participation in bar associations as a rewarding experience. She’s been able to meet so many peo

ple that she would not have otherwise. She has given tirelessly to all levels of bar associations. Currently, Ashworth serves as President of the Nashville Bar Foundation Trustee Board. She served as president of the Nashville Bar Association (NBA) in 1997 and the Tennessee Bar Association (TBA) in 2009. She describes those leadership roles as the greatest experiences of her career. The opportunity to give back to a profession that has given her so much is something she will never forget. While serving as president for a year can be a lot of work, Ashworth says it goes by so fast. She tells every incoming president to cherish every moment. Pro bono work is a passion for Ashworth. She believes strongly in representing the under-served. She volunteers her time both as an advocate and as a pro bono mediator. Ashworth encourages all of the associates in her firm to meet and exceed the minimum suggested pro bono goal of 50 hours a year. Ashworth has been a longtime supporter of the Tennessee Justice Center. She served on the board from 2006-2008. She currently serves as a commissioner on the Tennessee Access to Justice Commission, is the current chair of the TBA’s Special Committee on Evolving Legal Markets, serves on the board of Sisters Cities and is a past president. She also serves on the House of Delegates for the American Bar Association (ABA). Ashworth’s true passion is in bar leadership. Along with Larry Wilks, she founded the TBA Leadership Law program (TBALL). TBALL proved to be a great success and led to the development of the NBF Leadership Forum, as

well as a similar program for the ABA. When not working or serving the legal profession, Ashworth enjoys spending time with the love of her life, Ray. They have been married for 34 years. Ray’s passion for motorcycles as well as his job as a motorcycle safety instructor means the couple spends a lot of time on the road. Ashworth has multiple motorcycles, though her current ride is a Can-Am three-wheeler. While the couple has travelled the country on bikes, Ashworth prefers riding out West, particularly going to Sturgiss, South Dakota. Ashworth also is a two-time marathoner. She likes to think she has one more in her although she has no current concrete plans to run one. Ashworth loves to travel. She actually attributes her ability to travel, at least initially, to her involvement in the ABA’s Young Lawyer Division. One favorite destination is Alaska where Ashworth witnessed part of the Iditarod. The couple live in Bellevue with their many rescue animals—currently two dogs and three cats. Their proximity to the Natchez Trace and local parks provides Ashworth ample opportunity to be outdoors, enjoying nature. 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 litgation throughout Middle Tennessee. Prior to practicing, Bart 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.

DEC/JAN 2017-18 | NASHVILLE BAR JOURNAL

Friday FUNdamentals January – March 2018 The Nashville Bar Association is excited to announce its 2nd Annual Friday FUNdamentals program for first and second year attorneys. Friday FUNdamentals is a 13-week program designed to train new lawyers in practical skills and provide an excellent networking opportunity among peer professionals. The program—spearheaded by graduates of the Nashville Bar Foundation’s Leadership Forum—will help new attorneys hone their skills in practical aspects of representing clients for both litigation and transactional practices.

January 5 9 12 19 26

February

Each Friday FUNdamentals will provide one and a half hours of practical knowledge and training from experienced attorneys in the Nashville and Middle Tennessee community. Topics include drafting pleadings and motions, discovery and deposition tactics, managing the attorney-client relationship, and insider tips for business law, personal injury law, estate planning, family law, appellate law, and criminal law.

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The program will run from January through March 2018 and is FREE to first and second year attorney members as a benefit of their NBA membership. Attorney members with three to five years of practice are welcome to attend the 13-week program for a flat rate of $129.

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For more information, contact Monica.Mackie@nashvillebar.org or LBaker@johndaylegal.com. To register for Friday FUNdamentals, visit NashvilleBar.org/FridayFundamentals today!

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Friday FUNdamentals is brought to you by the Nashville Bar Association and the Nashville Bar Foundation Leadership Law Alumnus.

Drafting Pleadings & Motions to Win Davidson County Courthouse Tour* Negotiation, Mediation & ADR, Oh My! Written Discovery for Dummies Surviving Your First Deposition

16 23

Issues in Representing Business Managing the Attorney-Client Relationship & Firm Practice Fundamentals The Inside & Outside of Corporate Practice Personal Injury Practice

March Planning Ahead: Estate & Probate Fundamentals Divorce & Family Law Fundamentals How to Win at Trial Criminal Law & Juvenile Justice: Davidson County Criminal Courthouse Tour* Meet the Judges Reception* 10 Ways to Lose an Appeal

*Each program runs from 11:30am to 1:30pm and is held at the NBA unless otherwise noted. For more information and/or to register for Friday FUNdamentals, visit NashvilleBar.org/FridayFundamentals.

#NBAFridayFUNdamentals

BILL & PHIL’S GADGET OF THE MONTH

FitBit Ionic Smartwatch | Bill Ramsey & Phillip Hampton We have been wearing activity tracking devices for some time now. We all have been involved in those oneon-one competitions with co-workers or family members to see who can log more steps on their tracking device for a day, week, or month. (Currently Phil has the Bill & Phil record with over 21,000 steps in one day at the Consumer Electronics Show exhibit hall in Vegas.) We have heard of law firms issuing fitness tracking devices to all employees and initiating firm-wide activity competitions (in exchange perhaps for some discounts on health insurance). Whatever the motivation, tracking your daily activity with the devices and maintaining a historical record of your progress via a web-enable dashboard is popular with techies and non-techies alike. Fitbit has been a leader in the tracking device market, and they have created an array of products from simple step-counting devices to more full-featured devices that increasingly blur the lines between activity trackers and smart watches. The FitBit Ionic is their latest release; it definitely can be classified as a “smart watch,” comparable to the Apple Watch, Samsung Gear, and other popular models. We have purchased a number of FitBit products through the years, so when the Ionic was announced, we decided we had to give it a try—especially since it was the most advanced device yet from the folks at FitBit. We definitely felt that FitBit had moved into the smart watch category with the Ionic when we saw the price. The Ionic set us back $299, so we were expecting something that would do much more than say “Have a nice day” and tell us how many steps we had

walked. The price point puts the Ionic on the same level as the Apple Watch; thus, we expected similar features. We were very pleased. First of all, the watch face is large enough to be readable but not too heavy on your wrist. You can change out the wristband; the band that came in the box is perfect for both casual wear and workouts. The second observation from the Ionic—once we turned it on—was the very bright colorful screen that showed up quite nicely even in bright sunlight. Setup was a breeze as we downloaded the FitBit app on our phone and followed the step-by-step instructions. Unlike the Apple Watch, the Ionic will work both with iPhone and Android phones. But the Ionic does not have built-in LTE connectivity like the new Apple Watch 3. As a result, you must have the phone in close proximity to the watch to be able to receive notifications and see and answer calls. One of Ionic’s key features, however, that was a selling point for us, was the ability to store music on the watch so you could stream music directly without having your phone nearby. The Ionic will let you download up to two Pandora

stations for offline play and will also allow you to upload songs that you may have on your PC or phone directly to the watch. This feature allowed us to take a run along the Nashville greenway and play music from the Ionic without having to tote our phone along with us. Of course, in order to hear the music streaming from the watch, you must have some sort of wireless headset to pair with the Ionic. FitBit has introduced its own wireless earbuds, called FitBit Flyer (selling for an extra $129) that you can use with their new smart watch. We were holding out to purchase Google’s upcoming wireless earbuds, called Pixel Buds, but sadly, they were not out yet at the time we picked up the Ionic. So, of course, we bought the FitBit Flyer earbuds as well. (We are sure we will buy the Pixel Buds later, as well.) And those wireless earbuds worked great with our Ionic. We were able to listen to our favorite Pandora station on the wireless earbuds as we ran around the city with just our smart watch on our wrist (and without our phone). FitBit is developing a number of apps you can download to use on the Ionic; one that was pre-loaded for us (continued on page 16)

DEC/JAN 2017-18 | NASHVILLE BAR JOURNAL

Editorial |

The Season for Giving (continued from page 12)

looking for partners, not just a hand-out. Being a valuable content provider is a great way to give back, using your legal skills and knowledge to help others, pro bono. As Saint Francis of Assisi said, “It is in giving that we receive.” At this time of year, let us be mindful of all the gifts with which we have been blessed. Let us be grateful for them all. Let us express our gratitude by giving of ourselves, out of a desire to be useful to others with no thought of recompense. Let us be charitable, whether we be as hungry as the dog with whom we share a bone or as wealthy as the miser-turned-philanthropist Scrooge of Dickensian lore. Let us be charitable, for it is in giving that we receive all that is best in life. n Attorney

NOEL

BAG-

WELL is president and

Gadget of the Month

DIAL-A-LAWYER

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

chief legal counsel of Executive Legal Professionals, an innovative business law firm that provides business legal services and strategic legal counsel to business leadership. A graduate of Cumberland School of Law at Samford University in Birmingham, AL, Noel also serves as the start-ups & small business aspect of practice leader for the National Center for Preventive Law.

PROUD TO SUPPORT THE NASHVILLE BAR ASSOCIATION HERMAN HICKS

Vice President Private Client Relationship Manager (615) 734-6186 • hahicks@ftb.com

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

Thank you to our October and November volunteers!

HELEN CORNELL GINA CRAWLEY MICHAEL GOODE CHRIS HUGAN TOM LAWLESS DOUG PIERCE JOE RUSNAK

VOLUNTEER TODAY

NASHVILLE BAR JOURNAL | DEC/JAN 2017-18

(continued from page 15)

was FitBit Pay. We tried it out and it worked great. Via the app you simply add one of the supported credit or debit cards to the FitBit wallet. You can then pay for a purchase at any payment station that accepts contactless payments by simply holding your watch face close to the payment device. We love this feature. We can go for a walk or run—without taking our phone—and listen to music, track our activity, and pay for a latte all by just using our new Ionic watch. The Ionic still does everything one would expect from a regular activity tracker, including GPS-tracking, step counting, sleep tracking, multi-exercise tracking, and heart rate monitoring. All of the stats are synced to FitBit’s personal dashboard on the web where you can monitor your own progress or share your info to compete/compare with friends. We think $300 is a pretty hefty price to pay for a smart watch, but we like the Ionic as a credible alternative to the Apple Watch 3, especially for those who want Apple Watch-like functionality but use an Android as their primary phone. n Happy Holidays!

NBA is your source for cutting edge, quality continuing legal education. We provide more than 600 hours of live and distance learning programming while offering our members discounted rates. For a complete calendar, full seminar agendas, and registration, visit NashvilleBar.org/CLE. MONDAY, DECEMBER 11 | LIVE SEM I N A R

TU E S D AY, D E C E M B E R 12 | LI V E SEMIN A R

VIEWS FROM THE BENCH

MINDFULNESS & MEDITATION

Professionalism & Social Media OVERVIEW

This program will include suggestions on how to use social media while maintaining a professional persona that will appeal to potential future clients and while following all ethical rules. Justice Page and Judge Gibson will provide examples of how social media use can go awry, as well as offer tips on how to prevent social media mishaps.

Essential Practices for Greater Focus, Clarity & Decision-Making OVERVIEW Attorneys are expected to demonstrate behaviors that are deemed ethical and professional at all times. Research validates that individuals who do this successfully rely on their high emotional and social intelligence competencies, which can be increased through professional training programs. This 3-hour interactive workshop includes a group meditation experience and strategies for applying mindfulness and meditation practices to mitigate the negative impacts of chronic stress. Participants will also learn how meditation trains their attention and how to integrate and sustain mindfulness and meditation practices. PRESENTER

PRESENTERS Hon. Roger A. Page, Tennessee Supreme Court Hon. Brandon O. Gibson, Tennessee Court of Appeals

Jennell Evans, MA, CMMI Co-Founder, Strategic Interactions, Inc. & Practice Leader, Leadership Minds & Matters DETAILS

DETAILS

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 – 8:30am

Registration . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 – 11:45am

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 Dual

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 For registration after December 7, add a $10 late fee.

COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after December 8, add a $10 late fee.

DEC/JAN 2017-18 | NASHVILLE BAR JOURNAL

W E D NE S DAY, DECEMBER 1 3 | LIVE SEMIN A R

TH U R S D AY, D E C E M B E R 14 | LI V E S E M IN A R

WHEN THE UNEXPECTED HAPPENS

DOING GOOD

How to Handle Challenging Clients, Opposing Counsel, Litigants, and Mental Health Concerns OVERVIEW As lawyers, we often deal with difficult people and challenging situations. Learn ways to better manage these unique challenges in your practice. This CLE offers sessions on difficult clients and opposing counsel, views from the bench on pro se litigants, and a mental health professional perspective. To address recent concerns about client and lawyer suicide, there will also be a session on suicide awareness and pre-emption for the final hour that is available with the CLE or as a stand-alone program. PRESENTERS Laura Baker, Law Offices of John Day, PC Hon. Thomas Brothers, Circuit Court Judge Holly Cook, Licensed Professional Counselor Nancy Krider Corley, Corley Henard Lyle Levy & Langford, PLC Wendy Longmire, Ortale Kelley Mark Westlake, Gullett Sanford Robinson & Martin D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . 12:30 – 1:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 4:20pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual

The Importance of Providing Pro Bono Work within the Community OVERVIEW Do you want to give back to your community using your legal experience, but you just haven’t found the time or the right organization with which to volunteer? Join us for a networking dinner and CLE where representatives from local organizations will provide information on how you can get involved and provide pro bono services to nonprofit organizations that need your help, including ways you can get involved to even if you have limited time. This program also includes a short discussion of the following rules: Supreme Court Rule 8 on Multijurisdictional Practice, Pro Bono Service, Accepting Appointments, and Unauthorized Practice, Rule 50A for Pro Bono Emeritus attorneys, and Rule 47 on the provision of Legal Services following a determination of major disaster. All of these rule are impacted by pro bono service. PRESENTERS Alandis Brassel Volunteer Lawyers & Professionals for the Arts Hon. Sheila Calloway, Juvenile Court Judge Kimi deMent, Pro Bono Coordinator Administrative Office of the Courts Dr. Sara Figal, Nashville Conflict Resolution Center D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:30 – 5:00pm

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

Seminar & Dinner . . . . . . . . . . . . . . . . . . . . . . . 5:00 – 7:00pm

COST

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $99 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $159 Last Hour (Suicide Awareness) Only. . . . . . . . . . . . . . . . . . $35 For registration after December 11, add a $10 late fee.

NASHVILLE BAR JOURNAL | DEC/JAN 2017-18

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 Dual

COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $60 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $104 For registration after December 12, add a $10 late fee.

F RI DAY, DECEMBER 1 5 | LIVE SEM I N A R

M ON D AY, D E C E M B E R 18 | LI V E S EM IN A R

GOVERNMENT PRACTICE AND PROFESSIONALISM

CIRCUIT COURT INSTITUTE

OVERVIEW

Gain valuable insights on trial practice procedure from seasoned practitioners—the morning session focuses on Circuit Court practice, and the afternoon session focuses on Chancery Court practice (see page 20).

The December Government Practice and Professionalism seminar offers 6 hours of CLE credit—including 3 hours of ethics! Topics include: • Ethics for Government Attorneys • Ethics of Political Activity • Respect • 2017 Tennessee Supreme Court Review • Pro Se Litigants and Sovereign Citizens • The Ridley Report, Part II

OVERVIEW

When you sign up for both Circuit Court and Chancery Court seminars, you are invited to join us for a complimentary lunch between the seminars!

PRESENTERS John Allyn, Counsel Bureau of Ethics and Campaign Finance Hon. Joseph P. Binkley, Judge, Davidson County Circuit Court Sarah Campbell, Office of the Attorney General Barry Crotzer, Tennessee Office of Homeland Security Hon. Steve R. Dozier, Judge, Davidson County Criminal Court Krisann Hodges, Deputy Chief Disciplinary Counsel Tennessee Board of Professional Responsibility Mike Jameson, Metro Council Office Director & Special Counsel Randy Kinnard, Kinnard, Clayton & Beveridge Nathan Ridley, 2017 NBA President, Bradley, LLP Jim Shulman, Metro Council Office, At Large Counsel Member Jennifer Smith, Office of the Attorney General

PRESENTERS Hon. Joseph P. Binkley, Circuit Court Judge Hon. Kelvin D. Jones, Circuit Court Judge See full list at NashvilleBar.org/CircuitCourtCLE. D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 – 9:00am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00am – 12:20pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

D E TA I L S

COST

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:30 – 8:00am

NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00am – 4:15pm

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual & 3.0 General

For registration after December 14, add a $10 late fee.

Location. . . . . . . . . . . . . . . . . AT&T Building, 1st Fl Auditorium COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $250 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $250

DEC/JAN 2017-18 | NASHVILLE BAR JOURNAL

M ONDAY, DE CEMBER 1 8 | LIVE SEMINA R

TU E S D AY, D E C E M B E R 19 | LI V E S E M IN A R

CHANCERY COURT INSTITUTE

DEVELOPMENT IN THE “IT” CITY

OVERVIEW

Gain valuable insights on trial practice procedure from seasoned practitioners—the afternoon session focuses on Chancery Court practice, and the morning session focuses on Circuit Court practice (see page 19).

Development is taking place at a fast and furious pace in our “IT” city, Nashville. Important land use decisions are being made by officials in charge of regulating land development, and lawyers play a key role in influencing these officials on behalf of their clients. These important land use decisions are made by three bodies—the Planning Commission, the Board of Zoning Appeals, and the Metro Council.

When you sign up for both Chancery Court and Circuit Court seminars, you are invited to join us for a complimentary lunch between the seminars!

PRESENTERS Hon. Claudia Bonnyman, Chancellor Hon. Ellen Hobbs Lyle, Chancellor Hon. William E. (Bill) Young, Chancellor D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 1:30pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:30 – 4:50pm

We are fortunate to have—as part of a return engagement— three experienced land use attorneys who are involved in making these decisions. Mr. Sloan and Mr. Ewing will discuss the types of matters which come before these boards, as well as comment on what types of presentations by attorneys are most persuasive to them and their peers. Mr. White will discuss the types of presentations and arguments he has found to be most effective before both boards, as well as Metro Council. The presenters will focus on recent matters involving site plans before the Planning Commission, variances before the Board of Zoning Appeals, and Vested Property Rights Act before the courts. PRESENTERS David Ewing, Chairman, Metro Board of Zoning Appeals Doug Sloan, Executive Director, Metro Planning Department Tom White, Tune, Entrekin & White, PC D E TA I L S

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 General

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:30 – 2:00pm

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2:00 – 4:15pm

COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after December 14, add a $10 late fee.

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $95 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $189 For registration after December 15, add a $10 late fee.

NASHVILLE BAR JOURNAL | DEC/JAN 2017-18

W E DNE S DAY, DECEMBER 2 7 | LIVE S E M I N A R

TH U R S D AY, D E C E M B E R 28 | LI V E SEMIN A R

CLE FILM FESTIVAL TO KILL A MOCKINGBIRD

CLE FILM FESTIVAL THE RAINMAKER

OVERVIEW

Are you looking for a fun way to earn your ethics and professionalism CLE credits? Enjoy this classic as you uncover legal ethics and professionalism traps and pitfalls.

Are you looking for a fun way to earn your ethics and professionalism CLE credits? Enjoy this classic as you uncover legal ethics and professionalism traps and pitfalls. Back by popular demand, this CLE seminar features The Rainmaker—a classic legal film that portrays numerous ethics and professionalism issues in attorney practice. Following the film, join your colleagues in a lively discussion of the issues and challenges illustrated in the movie. Learn about client relations and communications; fee agreements with clients; preparation for issues that may arise in depositions; rules of civil procedure, rules of evidence; trial strategy; and courtroom proceedings—both motions and trial practice—which will address the code of professional responsibility. PRESENTERS

This CLE seminar features To Kill A Mockingbird, a classic legal film that portrays numerous ethics and professionalism issues in attorney practice. Following the film, join your colleagues in a lively discussion of the issues and challenges illustrated in the movie. PRESENTER Karl Warden, JD, LLM

Robert L. Delany, Tune, Entrekin & White, PC James Weatherly, Weatherly, McNally & Dixon, PC D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 – 9:00am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00am – 12:15pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual

D E TA I L S

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . 12:30 – 1:00pm

COST

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 4:15pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after December 22, add a $10 late fee.

COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after December 21, add a $10 late fee.

DEC/JAN 2017-18 | NASHVILLE BAR JOURNAL

TH U RS DAY, DE C EMBER 2 8 | LIVE SEMIN A R

FR I D AY, D E C E M B E R 29 | LI V E S E MIN A R

CLE FILM FESTIVAL A FEW GOOD MEN

CLE FILM FESTIVAL CHARLIE WILSON’S WAR

OVERVIEW

Are you looking for a fun way to earn your ethics and professionalism CLE credits? Enjoy this classic as you uncover legal ethics and professionalism traps and pitfalls.

This CLE seminar features A Few Good Men—a classic legal film that portrays numerous ethics and professionalism issues in attorney practice. Following the film, join your colleagues in a lively discussion of the issues and challenges illustrated in the movie.

This CLE seminar features a classic legal film—Charlie Wilson’s War—that portrays numerous ethics and professionalism issues in attorney practice. Following the film, join your colleagues in a lively discussion of the issues and challenges illustrated in the movie.

PRESENTER Joshua L. Burgener, Dickinson Wright D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . 12:30 – 1:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 4:15pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after December 22, add a $10 late fee.

PRESENTERS Joseph Williams, The Peacefield Group Palmer Williams, The Peacefield Group D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 – 9:00am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00am – 12:15pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after December 27, add a $10 late fee.

NASHVILLE BAR JOURNAL | DEC/JAN 2017-18

T UE S DAY, J ANUARY 9 | LIVE SEMI N A R

FR I D AY, JA N U A RY 26 | LI V E S EMIN A R

45: ONE YEAR DOWN — A LOOK BACK ON ENVIRONMENTAL & ENERGY POLICIES DURING THE TRUMP ADMINISTRATION’S FIRST YEAR

GUN LAW UPDATE

Environmental Committee Meeting OVERVIEW

Energy and environmental policies were thrust into the center of the 2016 presidential campaign, with candidate Clinton promising to stay the course President Obama had charted and candidate Trump guaranteeing radical change. The candidate of change prevailed.

OVERVIEW Join us for the latest on gun laws. An attorney from the U.S. Attorney’s office will provide the current framework on gun laws in Tennessee and summarize the U.S. Supreme Court’s most recent interpretations of the Second Amendment. Attorney John Harris and Representative Mike Stewart will provide a Point/Counterpoint discussion regarding legislative proposals as well as the perceived pros and cons of gun rights and gun control.

This seminar brings together three local experts in these fields—state government, environmental NGO, and private practice—to assess in broad terms what has changed in the first year of the Trump Administration and where it is headed. This seminar will be held at a meeting of the NBA Environmental Committee. All are welcome. The event is free, with a fee for those seeking CLE credit. PRESENTERS Amanda Garcia, Southern Environmental Law Center Bart Kempf, Bradley Commissioner Bob Martineau, TDEC D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89

PRESENTERS John I. Harris III, Schulman, LeRoy & Bennett Mike Stewart, Tennessee State Representative D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:30 – 2:00pm Dinner, CLE, and Networking . . . . . . . . . . . . . . 2:00 – 4:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $95 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $189 For registration after January 24, add a $10 late fee.

DEC/JAN 2017-18 | NASHVILLE BAR JOURNAL

P L I LIVE WEBCASTS Liv e CL E Cred i t f r om Innov a t iv e We bc ast s

N B A ON LI N E S E M I N A R S P ersonal i z ed Learni ng on Your S che d u le

is the exclusive online support network for the NBA.

PLI and the NBA provide sophisticated programs to Tennessee attorneys through live webcasts held at the NBA Conference Center. Attendees will earn live CLE credit. Registration is FREE for PLI’s Privileged members. Visit NashvilleBar.org/ CLE for course details and to register. New Developments in Securitization December 13, 8:00am – 4:00pm

6.0 General

Complimentary breakfast included.

Health Care Law Institute: The New Challenges Facing Providers—Reimbursement, Enforcement, Compliance, and Other Hot Topics December 14, 8:00am – 4:00pm 6.0 General Complimentary breakfast included.

Complimentary breakfast included.

2.08 Dual

Complimentary breakfast included.

Practice Management | Probate | Real Estate Technology | Trial Practice | Veterans Administration M A R K Y O U R C A LE N D A R S Save the date for these highly anticipated upcoming seminars!

Drafting and Negotiating Corporate Agreements January 18, 8:00am – 4:00pm 1.0 Dual | 5.5 General Complimentary breakfast included.

6.0 General

Complimentary breakfast included.

Private Fund Regulatory Developments and Compliance Challenges January 31, 12:00 – 4:15pm 3.75 General

Client Relations | Commercial | Communications

Immigration | Judges | Litigation | Media

Secured Transactions: What Lawyers Need to Know About UCC Article 9 January 10, 8:00am – 4:00pm 6.33 General

Women Lawyers in Leadership January 26, 8:00 – 4:00pm

Appellate Practice | Bankruptcy | Business

Estate Planning | Ethics & Professionalism

Nuts and Bolts of Corporate Bankruptcy December 18-19, 8:00am – 4:00pm 1.25 Dual | 11.17 General

Ethics for Corporate Lawyers December 21, 1:00 – 3:30pm

Check out our online seminars at NashvilleBar.org/CLE! We have a variety of relevant and focused topics to choose from including the following. . .

NASHVILLE BAR JOURNAL | DEC/JAN 2017-18

Rules of Engagement February 14 Moving Your Practice into the Cloud Benefits, Drawbacks & Ethical Issues April 3 Trial Practice April 12

WE BI NARS | FEATURING SEAN CARTE R , E S Q. L augh While You Le a r n

WE B I N A R S | FE ATU R I N G S E A N C A R T ER , ESQ . Laugh Whi l e You Learn The 2017 Ethy Awards December 28, 10:00am – 1:00pm

3.0 Dual

Ethics Six-Pack: Full Day Program December 28, 10:00am – 5:30pm

6.0 Dual

Don’t Try This At Home: Why You Should Never Emulate TV Lawyers December 28, 2:00 – 3:00pm

1.0 Dual

The Cyborgs Are Coming! The Cyborgs Are Coming! December 11, 12:00 – 1:00pm 1.0 Dual

Ethics Three-Pack: Afternoon Only December 28, 2:00 – 5:30pm

3.0 Dual

Loose Lips Sink Partnerships (and Clients Too): The Ethical Way to Honor Client Confidentiality December 12, 12:00 – 1:00pm 1.0 Dual

Lies, Damn Lies Legal Marketing: The Ethics of Legal Marketing December 28, 3:15 – 4:15pm

1.0 Dual

Supervision: Responsibilities Regarding Nonlawyer Assistance December 13, 12:00 – 1:00pm 1.0 Dual

Legal Ethics Is No Laughing Matter: What Lawyer Jokes Say About Our Ethical Foibles December 28, 4:30 – 5:30pm 1.0 Dual

The Truth, The Whole Truth and Nothing But the Truth: The Ethycal Imperative for Honesty in Law Practice December 14, 12:00 – 1:00pm 1.0 Dual

Yelp, I’ve Fallen for Social Media and I Can’t LinkedOut: The Ethical Pitfalls of Social Media December 29, 12:00 – 1:00pm 1.0 Dual

The 2017 Ethy Awards December 16, 8:00 – 10:00am

2.0 Dual

From Competence to Excellence: The Ethycal Imperative for Excellent Client Service December 30, 12:00 – 1:00pm 1.0 Dual

The 2017 Ethy Awards December 16, 11:00am – 1:00pm

2.0 Dual

Deal or No Deal: Legal Ethics Edition December 19, 12:00 – 2:00pm

2.0 Dual

The Personal Contact Rule: No Draculas Allowed December 20, 12:00 – 1:00pm 1.0 Dual Show Me the Ethics! The Ethycal Way to Bill for Legal Services December 21, 12:00 – 1:00pm The UCC Made Easy: The Webinar December 27, 8:30am – 5:00pm

1.0 Dual

7.0 General

Fail Better: Continuing Efforts to Eliminate Bias in the Legal Profession January 11, 12:00 – 1:00pm 1.0 General The 2018 Ethy Awards January 20, 11:00am – 1:00pm

2.0 Dual

Nice Lawyers Finish First January 24, 12:00 – 1:00pm

1.0 Dual

Don’t Be an Outlaw: The Ethycal Imperative to Follow the Law January 30, 12:00 – 1:00pm

1.0 Dual

DEC/JAN 2017-18 | NASHVILLE BAR JOURNAL

GET A CLE EASY PASS & GO! EASY PASSES PASSES TO TO CHOOSE CHOOSE FROM: FROM: 33 EASY

8-HOUR CLE PASS

10-HOUR CLE PASS

$265 $265 (2 free CLE hours == (2 free CLE hours $95 savings) savings) $95

15-HOUR CLE PASS

$315 $315 (3 free CLE hours == (3 free CLE hours $135 savings) savings) $135

$420 $420 (6 free CLE hours == (6 free CLE hours $255 savings) savings) $255

Valid from Nov 1, 2017 to Oct 31, 2018.

Purchase your members-only CLE Easy Pass now, and save up to $255 on cutting edge CLE! Choose a CLE Easy Pass that fits your “Live” CLE hour needs and your budget. For questions or to purchase your CLE Easy Pass, email NBA_CLE@nashvillebar.org or call 615-242-9272.

R E GI S TR ATI O N ONLINE NashvilleBar.org/CLE

MAIL Nashville Bar Association | ATTN: CLE Division 150 4th Ave N, Ste 1050 | Nashville, TN 37219

PHONE 615-242-9272

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LATE FEE: Registration must be received by 5:00pm two business days ahead of the seminar. If you register late, please add a $10 late fee to your payment. CANCELLATION: No refund or credit will be issued after 5:00pm two business days ahead of the seminar; however, a substitute may attend for a registered participant. CLE EASY PASS HOLDERS: Cancellation must be received by 5:00pm two business days ahead of the seminar to retain CLE Easy Pass hours. CLE Easy Passes are non-transferable, and a substitute may not attend for an Easy Pass Holder.

NASHVILLE BAR JOURNAL | DEC/JAN 2017-18

YEAR IN REVIEW

NBA Community Relations |

Lynne T. Ingram

The NBA Community Relations Committee has been hard at work this year. We have had three amazing volunteer opportunities and are excited about what’s to come in 2018. Hands On Nashville On September 23, NBA volunteers joined Hands on Nashville to help out in one of Nashville’s greatest resources—Metro Nashville Public Schools. The NBA team spent the morning distributing mulch around the playground at Cumberland Elementary. One Generation Away On October 14, the NBA participated in One Generation Away’s food distribution drive. OneGenAway had between 15,000 and 25,000 pounds of food dropped off in the Progressive Baptist Church parking lot, where NBA volunteers sorted and distributed it all to our neighbors in need. OneGenAway prides itself on providing fresh and healthy foods, as well as things that are easily prepared and cooked. They do not ask questions or have requirements for people who can receive food. Food is distributed on a first come, first served basis.

Habitat for Humanity Finally, on November 4, the NBA had over 20 volunteers working on a Habitat for Humanity of Greater Nashville home build. With the help of the Nashville Bar Foundation and generous members of the NBA, we raised $7,500 to cover the cost of building for a day. The NBA team spent the day hanging doors, and painting walls, ceilings, and doors for a Senegalese family who assisted the volunteers in the work. The father served our country as an Army Veteran before deciding to make Music City his home. For more information, refer to pages 2 and 10, and visit NashvilleBar.org/PhotoGallery.

Habitat for Humanity provides the life-changing opportunity for people to purchase their own homes. Habitat homes are not free. Qualifying homeowners sign a zero-interest 30-year mortgage based on the appraisal of the home. After a lengthy application process, families who are selected must go through rigorous homeownership classes, financial counseling, and other program requirements. n LYNNE T. INGRAM is an Assistant U.S. Attorney. She received her undergraduate degree from the University of South Carolina in 2000 and her J.D. from Western Michigan University Cooley Law School in 2003. Lynne was selected to serve as a mentor for the NBF Leadership Forum Class of 2017-2018, is chair of the NBA Community Relations Committee, and an adjunct professor for Vanderbilt Law School Trial Advocacy. She volunteers weekly as a Metro Nashville Public Schools Reading Clinic Tutor and is Chair of the Board of Directors for the McKendree United Methodist Church Day Care.

DEC/JAN 2017-18 | NASHVILLE BAR JOURNAL

STATEMENT OF OWNERSHIP

Required by DMM 207.8.3.3; USPS Form 3685 1. Publication Title: Nashville Bar Journal 2. Publication Number/ISSN: 21962/15487113 3. Filing Date: 11/20/17 4. Issue Frequency: Bi-monthly 5. Number of Issues Published Annually: 6 6. Annual Subscription Price: $25.00 7. Mailing Address of Office of Publication: Nashville Bar Association, 150 4th Ave N, Ste 1050, Nashville, TN 37219-2419 8. Mailing Address of Headquarters of Publisher: Same 9. Publisher: Jill Presley, Editor: Bill Ramsey, Managing Editor: Eleanor Wetzel, 150 4th Ave N, Ste 1050, Nashville, TN 37219-2419 10. Owner: Nashville Bar Association 11. Known Bondholders, Mortgagees and Other Security Holders Owning or Holding 1% or More of Total Amount of Bonds, Mortgages or Other Securities: None 12. The purpose, function, and nonprofit status of this organization and the exempt status for federal income tax purposes has not changed during preceding 12 months. 13. Publication Title: Nashville Bar Journal 14. Issue Date for Circulation Data: 10/10/17 15. Extent & Nature of Circulation: a. Total Number of Copies (net press run) 2603

2600

b. Paid Circulation (by mail & outside the mail) (1) Mailed Outside County Paid Subscriptions

279

(2) Mailed In-County Paid Subscriptions

2221

320

2209

(3) Sales Through Dealers and Carriers, Street Vendors, Counter Sales, etc.

RESERVE OUR FACILITIES!

(4) Paid Distribution by Other Classes of Mail Through the USPS

c. Total Paid Distribution

2508

2536

d. Free or Nominal Rate Distribution (1) Free or Nominal Rate Outside County

(2) Free or Nominal Rate In-County

(3) Free or Nominal Rate Copies - Other Classes 0

0 0

(4) Free or Nominal Rate Copies - Outside USPS 0

e. Total Free or Nominal Rate Distribution

f. Total Distribution

2508

2536

g. Copies Not Distributed

h. Total

2603

2600

i. Percent Paid

100%

16. Electronic Copy Circulation: a. Paid Electronic Copies

2603

2600

b. Total Paid Print Copies + Paid Electronic Copies c. Total Print Distribution + Paid Electronic Copies d. Percentage Paid

2603

2600

100%

17. This statement of ownership will be printed in the December/January 2017-18 issue. 18. I certify that all information furnished on this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions (including multiple damages and civil penalties). — Jill Presley, Marketing & Communications Director, Nashville Bar Association, October 31, 2017

Did you know? The Nashville Bar Association offers its conference rooms to be used for arbitrations, mediations, meetings, depositions, and other events for attorneys who need a convenient place to meet in downtown Nashville. We have a spacious Conference Center and a smaller Board Room—both of which have Wi-Fi access, phone, and video-conferencing—available for your use. For more information, contact Vicki.Shoulders@nashvillebar.org or visit NashvilleBar.org/ReserveOurFacilities.

NASHVILLE BAR JOURNAL | DEC/JAN 2017-18

Historical Editorial |

George C. Paine, II

Military Spouse Rule Ceremony at the Supreme Court Tennessee was the 16th state to enact a Military Spouse Rule. Other states have followed the lead and now 27 offer military spouse licensing accommodation. Recently, the Tennessee Supreme Court held a special session to recognize the history and impact of the Rule. The Tennessee Supreme Court held what Chief Judge Jeff Bivins described as a “historic celebration” this summer. Adopted by the Court and effective January 1, 2016, Section 10.06 of Rule 7 allows temporary licensing of attorneys whose spouses are assigned to a military base in Tennessee. All five Supreme Court Justices and approximately 70 soldiers of the 101st Airborne Division and Green Berets of the 5th Group Special Forces (Airborne) from Fort Campbell attended the ceremony. It would be hard to imagine a more impressive sight than these remarkable men and women dressed in their dress blues covered with medals and other insignia. Brigadier General Todd Royce, Deputy Commanding General of the 101st, and Lt. Colonel Shane Dillow, Executive Officer of the 5th Group, represented their respective units. Josie Beets, the moving force for the adoption of the Tennessee rule, represented the Military Spouse JD Network as their immediate

past president. A previous article in the Nashville Bar Journal (April 2015) described Josie’s heroic work on the passage of this rule and the critical role of the NBA Board and its Veterans Committee. Chief Justice Bivins opened the ceremony by introducing Martha Boyd and retired judge George Paine, two of the NBA member petitioners who filed the request for the new rule, along with Josie and fellow MSJDN member Johanna Thibault, and NBA members Charles Grant, Bob Tuke, Kathy Pohlid, James Mackler, and Robert Echols. Justice Bivins spoke eloquently of the sacrifices of those serving in the military today and the invisible sacrifices of their families—especially the working spouses—who shoulder the responsibilities at home while the soldiers fulfill their repeated deployments. The Chief Justice stated that given the level of military compensation, most families require two salaries to survive in today’s economy and that 20% of the 650,000 active duty military spouses remain unemployed. Military spouse attorneys have carried a burden. The number of years required to qualify for practice in Tennessee would often equal the length of the spouse’s assignment—even if they became licensed their practice time would be minimal. With the (continued on page 30)

DEC/JAN 2017-18 | NASHVILLE BAR JOURNAL

Editorial |

Military Spouse Rule Ceremony... (continued from page 29)

implementation of this new rule, not only does the military family benefit, but Tennessee also “receives the benefit of the excellent legal minds of our military spouses.” Finally, Justice Bivins pointed out the court is “very proud . . . that Tennessee’s Rule is now being touted as a model rule for other states” that might choose to adopt similar rules to support our military and their families. Justice Sharon Lee, Chief Justice when the Rule was enacted by the court, spoke movingly of the ways in which her personal experience gave her an appreciation of the sacrifices of the soldiers, their spouses, and their children. During World War II, Lee’s father was serving as a young waist gunner in a B-17 bomber when the aircraft was shot down in a 935-bomber raid over Germany as Americans prepared for D-Day. Wounded, he bailed out with the help of a fellow airman, was captured and suffered a brutal imprisonment as a POW of the Nazis for almost a year. Justice Lee has spoken and written about her father’s remarkable experience, as well as the experiences of the fathers—also POWs—of Nashville Bar members Ralph DeMarco, Debi Tate, Bill Purcell, Tim Tomkins, and Winston Evans. Lee remembered growing up in a family that stressed patriotism and al30

ways had an American flag flying in the front yard. Justice Cornelia Clark began by emphasizing the enormous role Josie Beets played in the implementation of the Rule and spoke of the military spouse attorneys, 95% of whom are women, who will benefit from the rule change. She lauded the “persuasive” petition that was filed on their behalf and public comments from bar associations and “over 100 military veteran attorneys from Nashville, Knoxville, and Memphis, including 13 active and retired state and federal judges; and 5 former Chiefs of Staff of the Army.” She gave an extremely cogent history of the enactment of Rule 7 and concluded by welcoming all the eligible attorney spouses of service members stationed in Tennessee. Justice Holly Kirby emphasized her support of the military by introducing her law clerk who is the spouse of a Navy SEAL currently stationed at Millington Naval Station, Memphis. She then asked the other military attorney spouses to stand and introduce themselves. While Justice Roger Page was not on the court when the Rule was enacted, he also grew up in a household with a father who as a teenage draftee into the Army fought in the Philippines (Luzon) and then served in the army of occupation in Japan until his discharge

NASHVILLE BAR JOURNAL | DEC/JAN 2017-18

in late 1946. So he, too, is supportive of the military and understands their hardships and that of their families. General Todd Royer responded to the court with heartfelt gratitude for their recognition of the need to employ military family members to the extent possible. He expressed his gratitude for the huge support of Fort Campbell by the Nashville and Middle Tennessee community and said that the Rule was emblematic of this support. He was particularly grateful to the bar, the military veteran attorneys, and the Legion Fund of the Community Foundation that played a key role in orchestrating the effort to implement the Rule and supporting the Green Berets of the 5th Group Special Forces at Fort Campbell. Lastly, Judge Paine and Josie Beets, representing the 5th Group Green Berets and the Legion Fund, presented the Justices with embossed rudi (wooden swords) used by senior trainers of Roman Legionnaires to prepare them for combat with their steel weapons of war. Each Green Beret receives one of these swords when they retire from the unit and it is as high an honor as they can award to a “friend” of the unit. At the conclusion of the ceremony, court adjourned for a reception in the lobby of the Supreme Court hosted by Baker Donelson to honor the Justices, the attending military personnel and Debi Tate, the Director of the Tennessee Administrative Office of the Courts, who organized the event. n GEORGE C. PAINE, II attended the University of the South for his Bachelor of Arts degree and the University of Mississippi for his J.D. He was a Chief Judge for the United States Bankruptcy Court, Middle District of Tennessee, and retired at the end of 2011.

TENNESSEE CHAPTER

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Paul DeHOFF (615) 893-8896

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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

Thank you for supporting your local bar association!

The Nashville Bar Association 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community from legal organizations with more than three attorneys that have 100% of their Nashville attorneys as members of the NBA. Members will be listed on NashvilleBar. org/100%Club, in the Nashville Bar Journal, and in our annual Attorney Directory. To become part of NBAâ&#x20AC;&#x2122;s 100% Club, contact Vicki.Shoulders@nashvillebar.org and support your local bar association today! Aaron | Sanders, PLLC (3)

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NASHVILLE BAR JOURNAL | DEC/JAN 2017-18

Voigt & Harbison, PLC (33) Sims|Funk (3) Smith & Tomkins (3)

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2017 AWARD WINNERS

NBA Annual Meeting & Banquet | December 7, 2017 YOUNG LAWYERS DIVISION (YLD) AWARDS

NASHVILLE BAR JOURNAL (NBJ) AWARDS

Will Hicky, Presidents Award

Daniel Satterfield, Article of the Year

Paige Nutini & Callie Hinson, Enterprise Award

Bart Pickett, Contributor of the Year

PRESIDENTâ&#x20AC;&#x2122;S AWARDS

CONTINUING LEGAL EDUCATION (CLE) AWARDS

Laura B. Baker

Ed Yarbrough, CLE Excellence Award

Lynne T. Ingram

Neal & Harwell, PLC, CLE Recognition Award

Claudia V. Levy P. Danielle Nellis

JOHN C. TUNE PUBLIC SERVICE AWARD

RETIRING OFFICERS & BOARD MEMBERS

The Honorable Richard H. Dinkins

Joycelyn Stevenson, Immediate Past President Irwin Kuhn, Board Member, First Vice President

EMERITUS AWARDS

Claudia Levy, Board Member, Second Vice President

James R. Cheshire, III

Hon. Joe P. Binkley, Jr, Board Member

James C. Gooch

Sara F. Reynolds, Board Member

James H. Harris, III

M. Bernadette Welch, Board Member

David B. Herbert

Stephen Young, Treasurer

Charles C. Martin, Jr.

Kyonzte Hughes-Toombs, Secretary

Robert E. Parker

DEC/JAN 2017-18 | NASHVILLE BAR JOURNAL

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

2017 PREMIER MEMBERS

Gail Vaughn Ashworth

Laura Heiman

Nathan H. Ridley

Heidi Barcus

Lisa Helton

Daniel Berexa

Jamie Hollin

Carolyn Schott

Mark Beveridge

Paul Housch

Hon. Joe Binkley, Jr.

Margaret Huff

Jonathan Bobbit

R. Jan Jennings

Saul Solomon

Charles Bone

Andrew Kaufman

John Spragens

C. Dewey Branstetter, Jr.

Jordan Keller

Kenneth Byrd

John Kitch

Joycelyn Stevenson

Christopher Cardwell

Dean Willian Koch, Jr.

Kay Caudle

Irwin Kuhn

Mark Chalos

Edward Lanquist, Jr.

Gerard Stranch

William Cheek, III

Thomas Lawless

Jim Stranch

Hon. Patsy Cottrell

Hon. Randal Mashburn

John Day

Sam McAllester, III

Claire Thomas

Joy Day

Hon. Amanda McClendon

Karl Dean

Rocky McElhaney, II

Howard Vogel

Jacqueline Dixon

Bob Mendes

Michael Wall

David Downard

Margaret Moore

Elizabeth Washko

Blair Durham

Marlene Moses

John Floyd

Patricia Moskal

Keith Frazier

Phillip Newman

Grant Glassford

Mark Overlock

Thomas White

Richard Green

Mattison Painter

Larry Williams

John Griffin, Jr.

Rose Palermo

Jay Harbison

Gregory Pease

Thomas Wiseman, III

Bill Harbison

Andrea Perry

Hon. Marian Harrison

Tracy Powell

Aubrey Harwell, Jr.

David Raybin

Stephen Young

Trey Harwell

Sara Reynolds

Stephen Zralek

NASHVILLE BAR JOURNAL | DEC/JAN 2017-18

Kimberly Silvus Eric Smith

Michael Stewart Al Stolte

Hon. Aleta Trauger

Jim Weatherly, Jr. Peter Weiss

Sheree Wright Ed Yarbrough

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

NEW MEMBERS (SEPTEMBER 1 - OCTOBER 31)

Adam R. Hill

Christopher Gurchiek

Jonathon Mason

Scott Gallisdorfer

Cynthia M. Wood

Suzanne Hartness

Joshua E. Porte

Tyler D. Huseman

Wayne A. Sutter

Kaitlin F. Kazmier

Kara S. Reese

Ashleigh D. Karnell

Divyesh Gopal

Kimberly A. Woods

Aaron Rochelle

Erin D. Malone-Smolla

Sheryl Guinn

Shaun K. Ramey

Summers A. Smith

Hannah Webber

Zachary L. Gureasko

Daniel W. Dalrymple

Crystal Micillo

Adam J. Bello

Stephen C. Stovall

Dustin Hudson

Rachel McLaughlin

Warner Jones

Sarah Wolfson

Delshad Omer

Aly Resh

Jamie F. Little

Michelle B. Sisco

Rachel Roberson

John B. Parker, Jr.

Jordan A. Anderson

Kelly Arnold

Flynne M. Bailey

C. Brigid M. Caldwell

Shanti J. Box

Hilary Dennen

Katherine Barnes

Jennifer S. Marlow

Emily Sipe

Megan G. Cressman

Karla M. McKanders

Rhett C. Chandler

Rachel Foster

Bradley Dillon

L. Alex Sumner

Jeff Alton

Stephanie Kirby

Viki L. Everly

Kyle B. Fuller

Christopher Cronk

Elise K. Reecer

Andrea D. Boeke

Jennifer Pugh-Nolan

Austin T. Warehime

John T. Seitz

Ronald M. Vrablik, Jr.

Amy Carr

Nicholas A. Deuschle

Benjamin Norris Alicia R. Adlerz Kayleigh E. Butterfield Kyle M. Doiron William B. Tarpley David R. Venturella William T. Farmer

DEC/JAN 2017-18 | NASHVILLE BAR JOURNAL

VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

Fall 2017 Highlights

20th Annual Free Member Picnic | Walk of Fame Park

NASHVILLE BAR JOURNAL | DEC/JAN 2017-18

VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

Fall 2017 Highlights

NBA Happy Hour | Reforma Law @ Plaza Mariachi

NBA Swearing-In Ceremony | Birch Building

DEC/JAN 2017-18 | NASHVILLE BAR JOURNAL

Hearsay | Honors & Awards, On the Move, Firm News HONORS & A WARDS Jeffrey L. Allen was named “Attorney for Justice” by the Tennessee Supreme Court in recognition of his pro bono service in 2016. Allen is an attorney at Bradley, where he focuses his practice on entertainment, intellectual property litigation, and entertainment transactional matters. Most of Allen’s pro bono work was assisting singer-songwriters and other artists with contract negotiation and resolving disputes. Kristi Wilcox Arth, an attorney at Bradley, received a 2017 Outstanding Committee Chair Award from the DRI Young Lawyers Committee. Arth was recognized at DRI’s Annual Meeting in October for her service as chair of the Wellness Subcommittee for the DRI Young Lawyers Committee over the last year. A member of the firm’s Litigation Practice Group, Arth handles a wide variety of litigation and intellectual property matters, including trademark infringement and trade secret misappropriation, among other issues. Ann Peldo Cargile received the 2017 Legacy Award from Women in Commercial Real Estate Nashville. Cargile is a member of the Real Estate Practice Group at Bradley, where she represents parties in commercial real estate, including leasing, finance, and joint ventures.

Derek C. Crownover, member of Dickinson Wright PLLC, has been honored as a 2017 “Attorney for Justice” by the Tennessee Supreme Court’s Access to Justice Commission. Crownover was recognized for his pro bono service in 2016, which included filing disability claims for individuals, assisting songwriters and artists, and representating of the T.J. Martell Foundation, a cancer research foundation. Alé Dalton has been reappointed to serve on the Latina Commission of the Hispanic National Bar Association (HNBA). She has been a member of the HNBA since September 2016 and will serve through September 2018. A member Healthcare Practice Group at Bradley, Dalton assists clients in the healthcare industry with a wide range of transactional, operational, and regulatory matters. Stites & Harbison, PLLC, are pleased to announce the Tennessee Supreme Court recognized Ashley Goins and David Wicker with the 2017 “Attorney for Justice” pro bono service award for their outstanding pro bono contributions in 2016. Goins concentrates her practice in the areas of business litigation, torts, and insurance, and domestic relations. She was also selected as an honoree to Nashville’s Top 30 Under 30 for 2018

NASHVILLE BAR JOURNAL | DEC/JAN 2017-18

by the Middle Tennessee Chapter of the Cystic Fibrosis Foundation. Wicker is a Member (Partner) and his practice includes all aspects pertaining to the development, acquisition, sale, and financing of commercial real estate. From obtaining financing and acquiring the raw land to the project’s development, leaseup and ultimate disposition, he represents owners, developers, lenders, and other participants in a wide array of real estate transactions. Burr & Forman is pleased to announce partner Matt Kroplin will serve on the Board of Directors of Nashville Medical Group Management Association (NMGMA) for the 2017-2018 term. Kroplin will serve as the Technology Chair Assistant. NMGMA advances the profession of medical group practice management and ambulatory health care delivery, in addition to cooperating with health organizations to improve health care delivery. Kroplin represents health care companies and providers, as well as businesses and individuals. Bradley is pleased to announce that the Tennessee Supreme Court has named Jeffrey W. Sheehan and Fritz Spainhour as “Attorney for Justice” in recognition of their pro bono service in 2016. As a part of Bradley’s pro bono practice, Sheehan briefed and prepared colleagues to argue in front of the Sixth Circuit on a range of habeas cases.

Hearsay | Honors & Awards, On the Move, Firm News Sheehan also is a member of the Litigation Practice Group where he has helped defend judgments in proceedings addressing product liability, financial services, and employment cases involving complex issues of state and federal law. A member of Bradley’s Litigation Practice Group, Spainhour represents clients in a variety of industries, including many national and global life sciences and healthcare companies. ON T H E MOVE Flynne Bailey joins Gullett Sanford Robinson & Martin PLLC (GSRM) as an associate in the firm’s Litigation Section. Bailey practices in the areas of complex business and commercial litigation, personal injury defense litigation, governmental liability litigation, and real estate litigation. Previously Bailey served in the Litigation Department at Chepenik Trushin LLP in Miami, Florida. She also served as Assistant District Attorney with the Harris County District Attorney’s Office in Houston, Texas. Bailey received her law degree from The University of Miami School of Law and her undergraduate degree in Journalism from Howard University. Hilary Dennen joins Gullett Sanford Robinson & Martin PLLC as an associate firm’s Litigation and Labor and Employment Sections. Dennen will focus her practice in the areas of complex civil litigation, immigration, and employment litigation. She received her law degree from Belmont University College of Law, master’s degree in Political

Science from Vanderbilt University, and undergraduate degree in Political Science and Theatre from Vanderbilt University. Stella V. Kamm, an associate with the law firm of Rogers, Kamm & Shea, recently was licensed to practice law in the State of Kentucky. Kamm graduated from Washington University in St. Louis School of Law in 2016, and had formerly been employed by the law firm as a law clerk. Kamm will be working in the firm’s civil, probate, and family law areas. Clarence “Clay” Lutz has joined Shuttleworth PLLC as an associate. Lutz served as a Judicial Clerk for the Honorable William B. Cain before joining the Office of the Attorney General. Most recently, Lutz served as an attorney and administrative judge in the Tennessee Department of Health Care Finance and Administration. Shelby Mathews has joined Rudy Winstead Turner, PLLC as an Associate. Mathews started as a paralegal with the firm in September 2015, while worked towards her degree from Nashville School of Law. She has worked on many complex cases involving estate planning, commercial business and commercial real estate. Bradley is pleased to announce that firm partner J. Douglas Minor, Jr. has joined the firm’s Nashville office. Minor, who joined the firm in 2006, previously was

based in Bradley’s Mississippi office, from which he will continue to practice on a limited basis. As a member of Bradley’s Litigation Practice Group, his litigation practice includes the defense of insurers and lenders facing contract, tort, and consumer protection claims across the country. Jonathan Shaub joins the Tennessee Attorney General’s Office as Assistant Solicitor General. Shaub has worked for the U.S. Department of Justice in the Office of Legal Counsel and in the Office of Solicitor General. Shaub was previously an associate at Hogan Lovells US LLP, and served as a law clerk for Judge Paul V. Niemeyer. Gary Housepian is stepping down from his executive director role at Legal Aid Society of Middle Tennessee and the Cumberlands, a position he held for 10 years. Housepian will continue to head the organization until a new director is hired through a national candidate search. FI R M N E W S The law firm of Dobbins Venick Kuhn & Byassee is pleased to announce that, with the retirement of Dot Dobbins and the addition of Kathy Austin and Pete Rosen, the firm will change its name to Venick Kuhn Byassee Austin and Rosen. Austin and Rosen will continue their general civil practice with Rosen focusing largely on worker’s compensation defense.

DEC/JAN 2017-18 | NASHVILLE BAR JOURNAL

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

The Affinity Program is a partnership between the NBA and local businesses that fosters a mutually beneficial relationship between the NBA, its members, and participating local businesses. In order to take advantage of these new member benefits, present your NBA membership card to the business. Don’t have a membership card? Email Mariel.Zelhart@nashvillebar.org and she will send one your way!

Save 10% on case management software, private cloud solutions, and fully managed solutions portfolios.

Save 20% off all menu items. Alcohol excluded. Cannot combine with other offers. (Downtown)

Receive 10% off a purchase of $30 or more. Promotional value valid on food and beverages. Minimum purchase of $30 is required, before tax and gratuity. Available at both the Nashville and Brentwood locations. (Midtown & Brentwood)

Receive a complimentary dessert with the purchase of an entrée. (12 South)

Receive a 25% discount on three books: Day on Torts: Leading Cases in Tennessee Tort Law (3rd Edition & 2016 Supplement), Tennessee Law of Civil Trial (2014), and Tennessee Tort Reform Statutes and Related Case Law (2008-2016) (Green Hills)

Receive 10% off of your lunch or dinner order. Excludes alcohol. (Midtown)

Receive 15% off all services offered. (Brentwood) Receive 10% off all corporate bulk orders. To redeem, call Batch at 615-931-3912. (Germantown)

Receive 10% off resume services. (Green Hills)

Receive 15% off any purchase at the Goo Goo Shop and Dessert Bar. (Downtown/SoBro) Sign up for a complimentary Brooks Brothers Corporate Membership Card online at BrooksBrothers.com. As a Brooks Brothers Corporate Member, you will receive an everyday 15% savings on full priced merchandise at Brooks Brothers stores, by phone, and online at BrooksBrothers.com. (Midtown & Brentwood)

Receive 20% off all services offered. (Green Hills)

NASHVILLE BAR JOURNAL | DEC/JAN 2017-18

Get to and from select NBA events with ease thanks to our ridesharing partner, Lyft! If you’re new to Lyft, visit lyft.com/i/nba2017 and you’ll get up to $10 each of your first 5 rides. Already have Lyft? Save 10% off two rides to/ from select events with the code provided to you in event promotions at NashvilleBar.org. (Nashville)

The Affinity Program

Save 20% off on all orders. (Germantown)

Receive 10% off all purchases. (Downtown)

Save 50% off the current initiation fee ($250 instead of the current $500) along with a $100 food and beverage credit on a new membership account. (Downtown)

Get Happy Hour wines by the glass during any visit. (Sylvan Park)

Save 10% off any adult enrichment classes. Members will receive a special code for use at online checkout or mention over-the-phone/in person when registering for a class. (Sylvan Park)

Receive 10% off Pilates equipment, classes, and class packages. Not applicable on membership or unlimited packages. (Melrose)

Enjoy 10% off all food and products. Excluding alcohol, tobacco, and art. (Downtown/SoBro)

Present membership card for 10% off food and beverages (excludes alcohol), private dining room fee waived for groups of eight or more, and/or Complimentary prosecco toast. (Downtown)

All members will receive employee pricing on new and pre-owned vehicles (excludes limited edition vehicles), 10% discount on service and parts at both locations, personal service advisor assigned to member, free oil and filter change on first visit. (Mt. Juliet)

Receive 10% off all repairs up to $250 ($25 flat rate above $250) and 25% off all accessories (does not include UBIF temporary glass). Discounts do not apply to professional services such as data recovery and backup disk copy. (Green Hills)

Receive 10% off application fee. (Nashville)

POLISHED First-time clients receive a free haircut with any color service; $5 off blowout services. (Green Hills)

Save 10% on all coaching packages. (Nashville)

Receive a 10% discount on a subscription to The Sewanee Review, Americaâ&#x20AC;&#x2122;s longest-running literary quarterly, containing the best fiction, poetry, and essays being written in America today!

ProFlowers offers a wide assortment of floral arrangements, plants, and gifts for any occasion. Receive 15% off your order using the discount code: BLUEGOLD15. Visit our website at ProFlowers.com today.

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