Nashville Bar Journal | December/January 2023-24

DECEMBER/JANUARY 2023-24 | VOLUME 23 | NO. 6

FEATURE

Walking in a Legal Wonderland ALSO

Proving Santa The Balance of the Ego: How Lawyers Can Maintain a Healthy Sense of Self

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FE ATU R E

Walking in a Legal Wonderland

DECEMBER/JANUARY 2023-24 | VOLUME 23 | NO. 6

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by Summer Geyer

DE PA R TM E N TS

From the President

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Calendar of Events

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21 The Balance of the Ego: How Lawyers Can

Bahar Azhdari

Hear Ye, Hear Ye

NBF Grant Applications Membership Renewals 2024 YLD Mock Trial David Rutherford Award

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Proving Santa Jonathan Wardle

Maintain a Healthy Sense of Self

Brad T. Bald

C O L UMNS

Background Check 11 Bart Pickett

CLE Schedule

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barBITES

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Gadget of the Month 14 Bill Ramsey & Phillip Hampton

Hearsay

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100% Club

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Capitol Notes 23 Peggy Sue, the Beagle Hound

DECEMBER/JANUARY 2023-24 | NASHVILLE BAR JOURNAL

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FROM THE PRESIDENT

December/January 2023-24 | Bahar Azhdari GULAM ZADE, Publisher WILLIAM T. RAMSEY, Editor-in-Chief SUMMER GEYER, Managing Editor LAUREN POOLE, Managing Editor ADRIENNE BENNETT CLUFF, Layout/Design/Production

EDITORIAL COMMITTEE RAMONA DESALVO TIMOTHY ISHII J. BART PICKETT KATLIN RYAN 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 1350, Nashville, TN 37219. Periodicals Postage Paid at Nashville TN. POSTMASTER: Send address changes to Nashville Bar Journal, 150 4th Ave N, Ste 1350, Nashville, TN 372192419.

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 Adrienne.BennettCluff@ nashvillebar.org to be considered by the editorial committee for publication in a future print or online content.

NASHVILLE BAR ASSOCIATION 150 4th Ave N, Ste 1350 Nashville, TN 37219 615-242-9272 | NashvilleBar.org The Nashville Bar Association, established in 1831, is a professional organization serving the legal community of Nashville, Tennessee. Our mission is to improve the practice of law through education, service, and fellowship. The NBA—with 2,500+ members—is the largest metropolitan bar association in Tennessee.

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I am the first attorney in my family, but it wasn’t always my plan. My dream was to be a doctor. I had it planned, right through to the specialty. And then, the NBA changed my life, and I had no idea it happened. It was my freshman year of high school, and I was in an upper school assembly watching a demonstration by my school’s mock trial team. The girls were smart, poised, and confident — and they were discussing the rules of evidence as if they truly understood them. I was mesmerized and thought it looked like great fun. So, I signed up the next year and, clearly, the rest is history.

Now, I have the opportunity to lead the organization that changed my life. Early in my practice, I was introduced to the Young Lawyers Division and served on its Board until, reluctantly, I had to roll off. The YLD instilled in me a passion for the organization, and I am so proud of the work it does. Every year, the YLD works to make sure high school students have the same opportunities I did to step in a courtroom and see what it’s like to question witnesses and make objections. It also gives attorneys a chance to give back by volunteering as scorers or playing judge for a few hours. The YLD encourages fellowship, raises money for worthy causes, teaches young lawyers about service, and energizes them for bar leadership. Indeed, the legacy of the YLD is showcased by the number of members who become NBA Board Members and Presidents.

The YLD, however, is just one of the ways the NBA supports its members and the Nashville legal community. It offers diverse, engaging, and thoughtful CLEs. In 2024, we will be connecting with French counterparts through our Sister Cities partnership with Caen, and we will be taking a trip to the Netherlands for a CLE abroad. It encourages members to get to know each other better through happy hours and other social events. It offers in-depth analyses of current legal issues, researched articles on various topics, and a bit of fun though the NBA Journal. It tries to effect positive change through community outreach events like the Habitat for Humanity build, the YLD mural project, LRIS, and pro bono efforts. It allows us to hone our own practice areas, or learn about new ones, through the work of its committees.

The NBA does many things well, and, one of the best, is the relationships it builds. Everyone reading this has a story — or ten! — about how the NBA did more than the above, how it connected them with friends, mentors, and even opposing counsel; how through the NBA they were able to solve problems, refer matters, build their practice, and enjoy a laugh. Or maybe even discover their career.

The relationships we build matter. I hope you will join me as we continue to build relationships with each other and with the changing Nashville legal community. I hope you will encourage your peers and firms to join or to continue supporting the NBA. Let’s remember why we joined this organization and why we keep coming back. You know my reason. I hope you’ll find me and share yours.

I look forward to seeing what 2024 holds of the NBA, and I’m glad I get to do so with all of you.

NASHVILLE BAR JOURNAL | DECEMBER/JANUARY 2023-24

Calendar of Events | Full calendar online at NashvilleBar.org DECEMBER 2023 S U N D AY

M O N D AY

T U E S D AY

W E D N E S D AY

NBA Board Meeting 4:00pm | Nashville School of Law Dial-A-Lawyer 6:00-8:00pm

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

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LAW Board Meeting 11:30am | NBA Office

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Holiday | NBA Office Closed

Holiday | NBA Office Closed

Holiday | NBA Office Closed

Holiday | NBA Office Closed

Holiday | NBA Office Closed

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JANUARY 2024 S U N D AY

M O N D AY

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F R I D AY

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Holiday | NBA Office Closed

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Historical Committee Meeting 11:30am | NBA Office/Zoom

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9 YLD Board Meeting 12:00pm | Bradley

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

Holiday | NBA Office Closed

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4 NBA Bankruptcy Section Meeting 12:00pm | Bradley

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19 1L Job Fair Reception Butler Snow

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20 1L Job Fair Butler Snow

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DECEMBER/JANUARY 2023-24 | NASHVILLE BAR JOURNAL

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JOURNAL JOURNAL Journal Journal

2023 NBA BOARD OF DIRECTORS GULAM ZADE, President

BAHAR AZHDARI, President-Elect LORA FOX, First Vice President

MARLENE MOSES, Second Vice President JD THOMAS, Secretary GIL SCHUETTE, Treasurer BLAKE BERNARD, Assistant Treasurer LELA M. HOLLABAUGH, General Counsel BEAU CRESON, YLD President MARTESHA JOHNSON MOORE, Immediate Past President KAYA GRACE PORTER, First Vice President-Elect KIM LOONEY, Second Vice President-Elect CHRISTEN BLACKBURN

Hear Ye, Hear Ye | Events of Interest Nashville Bar Foundation Grant Applications

The Nashville Bar Foundation is now accepting grant applications for 2024. If you know of any 501(c)(3) organizations that may be eligible for a Foundation Grant, please spread the word. Grant eligibility and application guidelines can be found at NashvilleBar. org/NBFGrantGuidelines. The Foundation will allocate funding each budget year on the basis of written applications in a format prescribed by the Foundation.

Grant applications can be found at NashvilleBar.org/NBFGrantApplication and are due in mid-January. Watch your NBA Weekly Update for further information. n

JAZ BOON AMY WILLOUGHBY BRYANT DANIEL CLAYTON ERIN COLEMAN SHERIE EDWARDS

Didn’t Renew Your Membership?

Last chance to renew your dues! The 2023 NBA membership year has officially ended. To ensure uninterrupted member benefits, please renew online at NashvilleBar.org/Renew or contact Ashley.Moore@nashvillebar.org. Thank you for your continued support and membership—we appreciate you! n

HON. ANA L. ESCOBAR SAM FELKER MANDY FLOYD ELIZABETH FOY PAZ HAYNES JOSEPH HUBBARD JUNAID ODUBEKO BEN RAYBIN WORRICK G. ROBINSON IV MARIE SCOTT TIM WARNOCK LUTHER WRIGHT

NBA TEAM ABBY SPARKS, Executive Director CAMERON ADKINS, CLE Director ADRIENNE BENNETT CLUFF, Marketing & Communications Coordinator TRACI HOLLANDSWORTH, Programs & Events Coordinator ASHLEY MOORE, Director of Accounting & Membership VICKI SHOULDERS, Office Manager & LRIS Coordinator

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

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2024 YLD Mock Trial Join the YLD on Friday, February 23, and Saturday, February 24 at the Metro Courthouse for the 2024 YLD Mock Trial. Save the Date and watch for more details on how to volunteer! n

2024 NBF Fellows Gala

The 2024 Fellows Gala will be held on Saturday, March 23 at the Four Seasons Hotel Nashville.

Enjoy a delectable dinner, bid on enticing silent auction items, welcome the 2023 class of Fellows, and recognize the 2024 Nashville Bar Foundation grant recipients. If you would like to donate an auction item, please contact Traci Hollandsworth at Traci.Hollandsworth@nashvillebar.org n

NASHVILLE BAR JOURNAL | DECEMBER/JANUARY 2023-24

Welcome to the NBA! Congratulations on your membership—thank you for joining the NBA! We look forward to serving you this year and appreciate your support. Visit NashvilleBar.org or contact Ashley.Moore@nashvillebar.org with questions or to learn more.

NEW MEMBERS (SEPTEMBER 1 - OCTOBER 31) Christopher Aldridge Jonathan Allen Rachel Appelt Phoebe Arevalo Nikolai Arrasmith Meredith Ashby Emily Azzarito Emily Bain Andrew Ball Christian Bankard Amanda Barbosa Katelyn Barham Cameron Baskett Jackson Beachboard Dani Bhadare-Valente Tate Blunt Ben Bradford Cole Braun Maddox Burgess Morgan Cage Macie Campidilli Zoe Cantrell Jennifer Cardoza Peyton Carr Henry Cashen Nicholas Casseb Hailey Chase Bailey Choudhury Adam Cohen Sydney Combs Jd Cressman Chris Davis Lindsey Davis Kendall Deranek

Adelaide Determann Haley Duncan Katie Dwyer Johnny Ellis Shanone Emmack Dillon Estes Giny Farmer Jp Ferreira Reis Will Gobbell Chuck Goldberg Jenna Goldstein Ashley Good Adam Greer Maleaka Guice Roland Hairston Heidi Hall Erik Halvorson Kaitlyn Hammond Meg Hancock Smith Hart Mary Clark Herrod Katie Hinkle Duncan Hodges Jonas Holliday Gil Horner Alexandra Hulme Josh Hunter Gabi Jackson Kristi Jensen Laney Jernigan Mason Jernigan Smith Kaiser Katie Katie Beverly Keane Star Kimbrow

Natalie Kuchler Joseph Larkin Mia Lazarini Hannah Lazarz Isabella Leandri Kait Lehman Simon Levitsky Samantha Mccrory Glennis Mcwilliams Ryan Mercurio Juliette Moody Katelyn Moody Blake Morain Annie Morris Lara Morris Abby Morse Angela Mozdzierz Alison Munden Camille Murashige Lynne Neeley Vada Newman Adam O’dell Tessa Ortiz-Marsh Ortiz-Marsh Hannah Padaoan Spittle Dana Palombo Jackson Parese Rainer Park Brianna Pedro-Santiago Donnie Peslis Logan Punch Kemi Quinton Kendall Ray Caroline Renner Allison Richter John Roberts

Cameron Rush Paul Rutherford Isabella Ryan Olivia Schwab Sydney Senter Sarah Sexton Kaylee Sheppard Sadie Shourd Chelsea Simon Shana Singleton Jordan Smart Palmer Smith Reed Smith Kenneth Snavely Carson Southard Maddie Spearman Gabby Sprio Aaron Steinberg Sharon Strahan Leigh Sutherland Andy Tao Dan Taylor Derek Terry Elizabeth Tirrill Tsveta Todorova-Kelly Frank Toub Kyle Turner Megan Vandermeer Leigh Walton Tyler Wampler Preston White Christian Wilkinson Mary Martha Willson Olivia Winnett

DECEMBER/JANUARY 2023-24 | NASHVILLE BAR JOURNAL

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Feature Story | Summer Geyer

Walking in a Legal Wonderland The holiday season brings joy, hope, and the spirit of giving. The holiday season also brings a slew of legal issues. From Black Friday tramplings to Christmas tree fires, this article explores the unique legal issues faced during the holiday season.

You Know Dasher and Dancer and Prancer and Danger…..

From Thanksgiving to New Year’s, emergency room visits for lacerations, burns, and back sprains skyrocket. According to the Consumer Product Safety Commission, between 2001 and 2020 an estimated 538,000 Americans were treated at emergency rooms for injuries due to paper products – including wrapping paper.1 Approximately 5,800 people are treated annually for injuries sustained from falls involving holiday decorations2 and 4,000 people a year are treated in emergency rooms for injuries associated with extension cords.3 Other dangers of holiday decorations include poison caused by mistletoe and holly berries, allergic reactions from the skin irritant, methylene chloride, found in bubbling Christmas lights, and asbestos related health problems stemming from people digging out old decorations from their attics.4 Even the beautiful and festive artificial snow can cause problems because it is harmful if inhaled.5 Not surprisingly, these injuries lead to personal injury and product liability lawsuits. Deaths, injuries, and property damage from consumer product-related incidents cost the nation more than $1 trillion annually.6 Businesses in Tennessee have become familiar with the dangers lurking in decorations. In 2012, a lawsuit was filed against a local restaurant after a patron fell down a set of stairs.7 The handrail on one side of the stairs was wrapped in garland and lights. When the patron descended the stairs, she grabbed a “handful of garland”

instead of the rail and fell. She sued the restaurant claiming that it created a dangerous condition by “covering a safety device, i.e., handrail, with items that impeded its use.” While the restaurant was ultimately held not liable, that was only after a successful motion for summary judgment and appeal; there’s no telling what that $20 worth of garland cost the business in legal fees.

All I Want for Christmas is a Fire Extinguisher Similarly, the number of fires surge during the holiday season. It goes without saying that Christmas trees are extremely flammable.

The Electrical Safety Foundation reports that on average, 260 home fires begin with Christmas trees each year, resulting in twelve deaths, twenty-four injuries and $16.4 million in property damage.8 An additional 150 home fires per year begin with holiday lights and other decorative lighting, causing another eight deaths, sixteen injuries, and $8.9 million in property damage each year.9 According to the Tennessee State Fire Marshal’s Office, during the five-year period between 2013 and 2017, candles were reported to have caused 385 residential structure fires, eight civilian deaths, twenty-eight civilian injuries, six firefighter injuries and $13 million in fire loss.10 In 2021 alone, fireworks were responsible for starting 189 fires and causing over $2.1 million in property damages.11 The primary issue related to these incidents is insurance coverage. Notably, accidental fires or damages caused by fireworks in a Tennessee municipality that bans fireworks may not be covered by traditional homeowners or renters insurance policies.12 Jingle Bells, Someone Fell Another source of holiday mayhem stems from shopping acci(continued on page 8) (continued on page 00)

DECEMBER/JANUARY 2023-24 | NASHVILLE BAR JOURNAL

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Feature Story | Walking in a Legal Wonderland

dents. As we’ve all witnessed, Black Friday shopping can be worse than general sessions court on a Friday – it’s the wild, wild west.

Since 2006, seventeen Black Friday deaths have been reported.13 The first death in 2008 resulted from 2,000 people stampeding into a Walmart, fatally trampling an employee.14 The aftermath of “shopping stampedes” brings a countless number of disputes. Aisles fill with tripping hazards, including dropped products and spilt beverages, leading to both consumer actions and workers’ compensation claims.

Rock Around the Christmas Tree But Don’t Get Behind the Wheel Christmas is one of the deadliest days of the year to drive. Sleet and snow makes roads slippery and dangerous, hot toddies and spiked cider make you dangerous, and rogue shopping carts make parking lots dangerous.

It’s natural that during the holiday season, emotions are heightened. Impending legal issues like divorce, bankruptcy, and year-end tax issues, make people more susceptible to road rage and substance abuse. Additionally, it doesn’t help that alcohol makes you feel warmer, when in reality it lowers your body temperature.15 These conditions inevitably lead to car accidents, followed by loss and lawsuits.

Domestic Violence.16 One of the worst holiday legal issues is the spike in family law cases. The Tennessee Bureau of Investigation says reports of domestic violence typically increase during the holidays. Tennessee already has one of the highest homicide rates in the nation for women killed by men. The latest Violence Policy Center report found Tennessee ranks as the 11th most deadly state for women.17 Stress related to sharing child custody during the holidays doesn’t help.

Santa Baby, I’m Keeping the Ring Finally, it wouldn’t be the holiday season without at least one fight over the gifts. The majority of states, including Tennessee, consider engagement rings “conditional” gifts, meaning that if a couple does not get married, the ring goes back to the person who bought 8

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it. However, there is a holiday exception argument. If an engagement ring is given as part of a special occasion—like Christmas—the receiver of the ring might argue that the ring is associated with the occasion and not the promise of marriage.

This holiday season, stay safe, smart and keep up on your holiday legal knowledge to stay out of trouble or when you run out of topics at the dinner table.

SUMMER GEYER is an Associate in Burr & Forman’s Construction Practice Group where she assists a range of clients, including residential and commercial general contractors, architects, engineers, project managers, business and property owners, and subcontractors. Summer earned her J.D. from Belmont College of Law, where she still serves as an Adjunct Professor and the Mock Trial Head Coach. In her free time, Summer enjoys traveling, singing, and spending time with her Great Dane, Baron.

Endnotes

https://safer-america.com/christmas-gift-wrapping-injuries/ https://www.esfi.org/holiday-data-and-statistics-proven-need-for-holiday-safety-awareness/ 3 Id. 4 https://news.vumc.org/2014/12/22/tennessee-poison-center-physician-offers-tips-to-prevent-holiday-poisonings/ 5 Id. 6 https://www.cpsc.gov/Newsroom/News-Releases/2014/CPSC-Estimates-More-Than-15000-Holiday-Decorating-Injuries-During-November-and-December 7 Cruce v. Memmex Inc., No. W201601167COAR3CV, 2017 WL 497035, at *1–2 (Tenn. Ct. App. Feb. 7, 2017).

8 https://www.esfi.org/holiday-data-and-statistics-proven-need-for-holiday-safety-awareness/#:~:text=On%20average%2C%20260%20home%20fires,in%20 property%20damage%20each%20year 9 Id. 10 https://www.tn.gov/commerce/news/2018/12/13/sfmo--candle-fires-caused-13m-in-damages--claimed-eight-lives-since-2013.html 11 https://www.tn.gov/commerce/news/2021/12/30/start-2022-safely-by-avoiding-anew-years-fireworks-mishap.html.

12 Id. 13 https://blackfridaydeathcount.com/ 14 https://nypost.com/article/black-fridays-most-gruesome-injuries-and-deathsthrough-the-years/ 15 https://www.theweathernetwork.com/en/news/lifestyle/health/why-getting-drunkin-cold-weather-is-a-bad-idea 16 This one doesn’t get a funny title because domestic violence is never funny.

17 https://vpc.org/when-men-murder-women-appendix/ n 1 2

NASHVILLE BAR JOURNAL | DECEMBER/JANUARY 2023-24

Editorial | Jonathan Wardle

Proving Santa You never know when you are going to have to prove Santa Claus.

I don’t mean summoning your best “ho ho ho!” at midnight to convince your kids that Santa came. Or wearing a Santa suit while putting out presents in the middle of the night or leaving cookie crumbs and a half-drunk mug of eggnog on the coffee table. And I don’t mean proving Santa in the sense of feel-good movie magic—like producing a miraculous snow globe in “The Santa Clause,” or having the United States Post Office come to the rescue by delivering hundreds of letters addressed to Santa in the middle of trial in “Miracle on 34th Street.”1 No, I mean proving Santa in actual, real-life court work.

Take, for instance, the case where your client tries to legally change their name to Santa Claus, only to have some curmudgeonly judge step in the way, as did a Utah district court judge who denied David Lynn Porter’s petition to change his name to Santa Claus (or, alternatively, to “Kris Kringle”).2 On appeal, the Utah Supreme Court held there was nothing illegal, improper, or inappropriate about the name-change petition and allowed Mr. Porter (that is, Mr. Claus) to change his name.3 (One justice did try to play the role of the Grinch, but he could only mutter his complaints in dissent.4) In a similar case, an Ohio municipal court held that a criminal defendant was not guilty of possessing a fictitious identification card where the individual had been issued identification cards and registered vehicles in the name of Santa Claus over the course of 20 years.5 But an Ohio probate court held that a different individual went too far when he tried to legally change his name to Santa Claus:

“The petitioner is seeking . . . the identity of an individual that this culture has recognized throughout the world, for well over one hundred years. Thus, the public has a proprietary interest, a proprietary right in the identity of Santa Claus, both in the name and the persona.”6 Then there is a whole line of Santa-themed business disputes, like when one business claims their Santa decoration is the original, and that another business is infringing on their intellectual property rights.7 Or when one local Santa-themed business establishment claims another business engages in unfair competition by also invoking Santa’s name (or one of its cheerful variants).8 You may even find yourself litigating whether a Santa-based movie (or book or song) is the original or an intellectual property rip-off. Indeed, such claims were made against the two movies named at the beginning of this article.9 There is even a case where the owner of several Christmas classics, such as “Rudolph the Red-Nosed-Reindeer” and “Santa Clause is Coming to Town,” sued to prevent a private liquor establishment from playing their Christmas songs for the club’s patrons.10 All of this seems most un-Christmas-like. But it gets worse.

You may find yourself in litigation over whether Santa was used to commit harassment or discrimination. In one case, an employee claimed he was subjected to harassment and racial discrimination where a fellow employee sent him a message of Santa wearing a Ku Klux Klan hood.11 In another case, an employee claimed he was subjected to racial discrimination when a bunch of white co-workers put up an African-American Santa Claus.12 And in another case, an (continued on page 12)

DECEMBER/JANUARY 2023-24 | NASHVILLE BAR JOURNAL

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CAN YOU NAME THESE PEOPLE?

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

AUG/SEP GOLDEN OLDIES

Congratulations to Charlie High of Charles A. High Law Office for correctly identifying the individuals in last issue’s photo! Individuals are listed from left to right: James R. “Jim” McKinney and Nancy Corley.

2024 DAMALI BOOKER 1L MINORITY JOB FAIR The NBA Diversity Committee invites you to participate as an Employer in the 2024 Damali Booker 1L Minority Job Fair, which will be held on Saturday, January 27, 2024. A reception for Employers and participating students will be held on Friday, January 26. All events will be held at Butler Snow. Please visit NashvilleBar.org/JobFair to become a participating employer.

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NASHVILLE BAR JOURNAL | DECEMBER/JANUARY 2023-24

BACKGROUND CHECK

Hon. Sheila Calloway | Bart Pickett

If you are lucky enough to know Sheila Calloway, then you have a good friend. Her vivacious and infectious personality attracts people and quickly endears her to all. Nashville’s Juvenile Court judge started life in Louisville, Kentucky, where she grew up the second daughter of a father who worked as a contracting agent for General Electric and a mother who was a librarian. In high school, she played clarinet and did color guard. She was also a cheerleader for her first three years and ran track her senior year.

Calloway does not remember ever visiting Nashville prior, but she ended up here in 1987. Her older sister went to Northwestern where their parents encouraged Calloway to go. Opposed to the cold, Calloway sought an alternative. Her sister’s best friend was going to Vanderbilt and told Calloway how much fun it was, so Calloway convinced her parents that going there with a close family friend was almost the same as being there with her sister.

At Vanderbilt, Calloway majored in Communications with a minor in Political Science. She was active in Alpha Kappa Alpha Sorority, Inc. and did

marching band for one year. She was also on the Homecoming Court.

Calloway recalls writing a paper in 4th grade on wanting to be a lawyer and help people. To that end, law school had always been the plan.

When it came time for law school, Calloway chose to stay at Vanderbilt. In her mind, she was going to school to become Whitney Houston’s attorney.

All it took was a near failing grade in Contracts to quickly change that.

Her first summer, she went back to Louisville to work at a firm where she discovered that she enjoyed criminal law. The second summer, Calloway worked with the Vandy Criminal Clinic doing appellate work and even got to argue before the Court of Criminal Appeals and won. She retains that winning record as that was her one and only appellate argument.

When deciding where to practice, Calloway considered moving back to Louisville or staying in Nashville. Calloway landed a job at the Nashville PD with Karl Dean which cemented her decision to stay here forever since she was not going to take two bar exams.

She started out practicing in the General Sessions Courts before switching to Criminal Court before Judge Shriver, until his death. She briefly practiced before Judge Norman, then switched to Juvenile Court in December 1998.

Calloway’s father used to say, “You can do better. You will be a judge one day.” She, however, had been fine with just being a lawyer. It wasn’t until 2002 when a Juvenile Court magistrate position opened up that Calloway changed her mind. She didn’t get that position, but she just saw that as God’s timing as she found out she was pregnant

shortly thereafter. Within a few weeks of returning from maternity leave in 2004, Judge Betty Adams Green appointed Calloway as a magistrate.

Calloway began attending meetings across the country which exposed her to reforms going on in juvenile courts and inspired her to continue to work to improve our juvenile justice system. After Green announced her retirement in 2012, Calloway applied but was not chosen. By November 2013, Calloway decided she wanted to run so she left her job as a magistrate and for the first time did some private practice while also campaigning. She won the primary election in May 2014 and faced no opposition in the general. She was re-elected in 2022.

When she’s not in court, Calloway can be found in the community where she serves on several boards and is active in her sorority. She’s an avid Vanderbilt and Titans fan. She has Titans season tickets and has travelled to games around the country and in London. She can also often be found singing anytime there’s a microphone and a request, or karaoke. She is in the choir and is the co-director of the children’s choir at Temple Church.

Calloway lives in Hermitage with her husband Paul Calloway, Jr. They have one son, Paul, III, who attends Western Kentucky University as a junior. n BART PICKETT was recently appointed as the State Trial Court Administrator for the Twentieth Judicial District where he oversees the operations of the 18 State Trial Courts. Prior to that, he practiced as a trial attorney for Liberty Mutual Insurance Company.

DECEMBER/JANUARY 2023-24 | NASHVILLE BAR JOURNAL

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Editorial | Proving Santa employee claimed she was sexually harassed where a management employee dressed as Santa and had female employees sit on his lap, and where another executive wore a Santa hat that read “bitch.”13 And in yet another case, an employee claimed she was subjected to religious discrimination when her employer tried to force her to wear a Santa Claus cap.14 Unfortunately, Santa has even been involved in the commission of violent crimes.

In one awful case, a young child was murdered after being lured to his death by the promise of a visit to Santa Claus.15 In another case, a woman was killed when a burglar smashed her head with a Santa Claus statue.16 And Santa paraphernalia has been used to hide other, less charitable paraphernalia, like bags of heroin marked “Santa Claus,”17 or proceeds from a robbery being placed in a Santa hat.18 Even here in Tennessee, the convoluted history of a malicious prosecution case began when someone stole someone else’s plastic Santa Claus.19 Of course, none of those crimes required anyone to prove that the defendant was or was not Santa Claus. But what about when the crime was committed by someone dressed as Santa? For example, where two young girls were sexually abused by someone who entered their bedroom in the middle of the night wearing a Santa suit.20 Or where the defendant’s sentence was enhanced in a child pornography case because the defendant allegedly dressed as Santa Claus to be near children.21 Or where a robbery was committed by someone dressed as Santa.22 Can you prove that your client was not Santa? Can you prove who Santa really was?

All of this is to say that the enterprising lawyer should not forget to brush up on the Rules of Evidence this holiday season. Pay special attention to the use of lay opinion testimony, and what inferences witnesses

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might be able to make that are “rationally based on [their] perception.”23 Be familiar with the exceptions to the hearsay exclusion rule, such as when someone seeing Santa Claus might make an excited utterance, or where someone might be able to testify to the reputation of Santa’s (or your client’s) character in the community.24 You might also consider whether or not Santa is an unavailable witness, since the North Pole is more than 100 miles away from anywhere in Tennessee.25 If you’re really lucky, you may even be able to get in testimony that a witness had previously identified Santa or, even better, an admission that your party opponent has told someone (maybe his or her children) that Santa is real.26 And, of course, don’t forget about the proper authentication of items affiliated with (or allegedly affiliated with) your Santa.27 You never know when your superior litigation skills, and especially your mastery of the Rules of Evidence, may end up saving Christmas!

JONATHAN WARDLE is an attorney with the Lebanon law firm of Rochelle, McCulloch & Aulds, PLLC. He represents plaintiffs in personal injury, premises liability, workers’ compensation, and social security cases. He also practices appellate litigation of all stripes and has past experience in criminal law and commercial litigation. Mr. Wardle serves on the NBJ editorial Committee and is a Fellow of the Nashville Bar Foundation.

Endnotes

Bill Haltom seemed to reference “Miracle on 34th Street” almost every year in his column for the Tennessee Bar Journal. One of his best may be “Remembering the Lawyer Who Saved Christmas,” Tenn. B.J. 35 (Dec. 2001).

1

NASHVILLE BAR JOURNAL | DECEMBER/JANUARY 2023-24

See In re Porter, 31 P.3d 519 (Utah 2001).

See id. at 521-22.

4 See id. at 522-24 (Russon, J., dissenting).

5 See State v. Hayes, 774 N.W.2d 807 (Warren Municipal Ct, 2002).

6 In re Name Change of Handley, 736 N.E.2d 125 (Probate Ct. of Franklin County, 2000).

7 See, e.g., Sunset House Distrib. Corp. v. Doran, 304 F.2d 251 (9th Cir. 1962).

8 See Santa’s Workshop, Inc. v. Sterling, 2 A.D.2d 262 (N.Y. App. Div. 1956).

9 See Terrell v. Eisner, 104 F. App’x 210 (2d Cir. 2004) (“The Santa Claus”); Burns v. Twentieth Century-Fox Film Corp., 75 F. Supp. 986 (D. Mass.

1948) ( “Miracle on 34th Street”).

10 St. Nicholas Music, Inc. v. D.V.W., Inc., No. Civ. C84-0307W, 1985 WL 9626 (D. Utah Feb. 20, 1985).

11 See Martin v. Champion Ford, Inc., 41 F.Supp.3d 747 (N.D. Iowa 2014).

12 See Baily v. Final Touch Acrylic Spray Decks, Inc., No. 606cv-1578-Orl-19JGG, 2007 WL 3306749 (M.D. Fla. Nov. 6, 2007).

13 See Brennan v. Townsend & O’Leary Enters., Inc., 132 Cal. Rptr. 3d 292 (Cal. Ct. App. 2011).

14 See Velez-Sotomayor v. Progreso Cash & Carry, Inc., 279 F. Supp. 2d 65 (D.P.R. 2003).

15 See Styers v. Schriro, No. CV-98-2244-PHX-EHC, 2007 WL 433573 (D. Ariz. Feb. 5, 2007).

16 See People v. Stephens, No. 306032, 2013 WL 4528438 (Mich. Ct. App. Aug. 27, 2013).

17 See Com. v. Hodge, 961 N.E.2d 622 (2012).

18 See State v. Martinez, No. A-17-1072, 2018 WL 5919288 (Neb. Ct. App. Nov. 13, 2018).

19 See Hardin v. Caldwell, 695 S.W.2d 189 (Tenn. Ct. App. 1985).

20 See State v. West, 551 N.W.2d 869 (Wis. Ct. App. 1996).

21 See U.S. v. Sprague, 370 Fed. Appx. 638 (6th Cir. 2010).

22 See State v. Poitra, 136 P.3d 87 (Or. Ct. App. 2006).

23 Tenn. R. Evid. 701(a).

24 See Tenn. R. Evid. 803(2), (21).

25 See Tenn. R. Evid. 804(a)(6).

26 See Tenn. R. Evid. 803(1.1), (1.2).

27 See Tenn. R. Evid. 901, 902. n 2 3

BILL & PHIL’S GADGET OF THE MONTH

Microsoft Windows Copilot | Bill Ramsey & Phillip Hampton

In the past year, generative Artificial Intelligence (AI) had emerged from the lab as an ongoing experiment into actual products that we use on a daily basis. Sometimes it is hard to conceptualize how something like AI might impact your daily work, but when products we use regularly begin to incorporate generative AI into our workflow, we can easily see how transformative this new technology can be.

We are at that stage where AI is being introduced in brand new technology products and also being incorporated into some very old technology that we have used for a long time.

Case in point: Microsoft Windows.

Microsoft first gave us a sneak peek of what it was working on in the AI space with a preview of its new AI-infused version of Bing, Microsoft’s search engine. We have written about that previously. Now, the next Microsoft widespread AI feature update has been made available to Windows 11 users (not Windows 10 users) with automatic updates beginning in September 2023.

14

For those who have the update, you will notice a multi-color icon in your task bar with a label of “Pre” on it. Clicking on this icon will bring up the preview mode of Windows’ newest AI feature called Windows Copilot. “Copilot” is Microsoft’s branding for its AI integration that will be a part of not only Windows 11 but Microsoft 365 products (Word, Excel, Power Point, Outlook, etc.), the Edge browser, and Bing. We are very excited to see Copilot integrations into all these products but have tempered our excitement with the knowledge that these integrations are going to be rolled out through various updates, and what we have access to now, Windows Copilot, is still in preview mode with limited functionality. Our enthusiasm is also tempered by the news that at least some of the coming Copilot updates will come with a price tag. For now, however, we are happy to experiment with the free Windows Copilot Preview.

When you launch Windows Copilot (from the taskbar icon or, alternatively, with [Windows key] + C), a panel appears on the right side of the screen where you can type in your Copilot requests. This Copilot panel stays on the screen and does not overlap with any other open windows. The user is presented with three different modes “More Creative”, “More Balanced”, and “More Precise” which governs how you want the Copilot companion to respond to your requests. Thankfully, Microsoft includes some example queries in each mode to give us an idea of what they are talking about. Then at the bottom of the panel is a text box where you can type in your query or command for Copilot. There’s no harm in trying it out. There’s really not any-

NASHVILLE BAR JOURNAL | DECEMBER/JANUARY 2023-24

thing you can do that will be harmful to your computer. If you ask something Copilot is not yet equipped to do it, it will kindly tell you. No harm. No foul.

The only restriction is that you can only make 30 queries in one Copilot session. We’re not sure if this is just a restriction in the preview mode or if that is a regular feature of the full-blown product. Nonetheless, we never got close to 30 questions in any one session, so we didn’t mind the limitation.

So, what you can do with this Windows Copilot? First of all, Microsoft suggests that you can use it to make system setting changes on your computer without having to hunt for the option among the labyrinth of system app menus and options. For example, you simply ask Copilot to “turn on dark mode” and, like magic, it makes that change for you. It doesn’t make you feel dumb for asking, or roll its eyes, or stifle a laugh; it just does it for you.

Nice! We would really like it if once we made such a request, Copilot would just complete the task without coming back and asking for “Yes” or “No” confirmation; but maybe that will go away in future updates (we hope). In this preview stage, Copilot can do basic system changes, but it stops short of more advanced tasks, like “do a system backup.” Copilot’s answer to that request was a step by step guide of how to do it myself. Well thanks but no thanks.

In addition to making just basic computer system changes, Copilot can do more interesting things. In much the same way you can use the new chatbot version of Bing to query the internet for specific things, you can do likewise with Copilot with the response (continued on page 20)

TENNESSEE CHAPTER

Nashville Area Members recognized in 2023 for Excellence in the field of Dispute Resolution

Gail ASHWORTH (615) 254-1877

John BLANKENSHIP (615) 627-9390

Gayle MALONE, Jr. (615) 651-6775

Paul DeHOFF (615) 631-9729

David NOBLIT (423) 265-0214

Mark TRAVIS (931) 252-9123

Barry L. HOWARD (888) 305-3553

Dan NOLAN (931) 647-1501

Jack WADDEY, Jr. (615) 850-8752

James KAY (615) 742-4800

Michael RUSSELL (615) 815-0472

Ron WELLS (423) 756-5051

Mark LeVAN (615) 843-0308

John TARPLEY (615) 259-1366

Kreis WHITE (615) 309-0400

Check preferred available dates or schedule appointments online directly with the state’s top neutrals www.TennesseeMediators.org is free, funded by members

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

NBA is your source for cutting edge, quality continuing legal education. We provide more than 600 hours of live and distance learning programming while offering our members discounted rates. For a complete calendar, full seminar agendas, and registration, visit NashvilleBar.org/CLE. *The Nashville Bar Association intends to seek accreditation for this program in Tennessee.

DE CE MBE R 11 | VIRTUAL SEMINAR

D E C E M B E R 12 | H Y B R I D S E M I N A R S

COMMON ETHICAL ISSUES IN REPRESENTING OLDER CLIENTS

CHANCERY & CIRCUIT COURT INSTITUTES

OVERVIEW

OVERVIEW

Gain valuable insights on trial practice procedure from Davidson County Chancellors & Judges!

Working with seniors presents all of the normal ethical problems such as: Who is the client when the family comes to talk to us? What are our duties to our client when someone else is paying the bill? What should concern us with joint representation of spouses? In addition, we have to consider questions about our client’s capacity to hire us and to set the goals of our representation. Let’s talk about the ethical questions and get ready for the “silver tsunami”!

PRESENTERS Barbara Moss Elder Law of Nashville DETAILS Seminar ����������������������������������������������������12:00pm – 1:00pm Credit ����������������������������������������������������������������� 1.0 General* Location ������������������������������������������������������������������������ Zoom COST NBA Member ��������������������������������������������������������������������$45 Non-Member ��������������������������������������������������������������������$89

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PRESENTERS For registration and a complete agenda, please visit NashvilleBar.org/ChanceryCircuit.

DETAILS FOR CHANCERY COURT INSTITUTE Seminar ���������������������������������������������������� 10:00am-12:25pm Credit �����������������������������������������������������������������2.25 General Location ����������������������� Hybrid - Virtual (Zoom) & NBA Office DETAILS FOR CIRCUIT COURT INSTITUTE Seminar �����������������������������������������������������������1:00 – 4:15pm Credit for Chancery Court Institute ������������������� 3.0 General* Location ����������������������� Hybrid - Virtual (Zoom) & NBA Office COST NBA Member ���������������������������������������������� $139 per institute Non-Member ���������������������������������������������� $279 per institute

NASHVILLE BAR JOURNAL | DECEMBER/JANUARY 2023-24

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. *The Nashville Bar Association intends to seek accreditation for these programs in Tennessee.

DE CE MBER 2 0 | HYBRID SEMINA R

JA N U A RY 24 | LI V E S E M IN A R

GOVERNMENT PRACTICE & PROFESSIONALISM INSTITUTE

LEVELHEADED LAWYERING: MINDFULNESS FOR ATTORNEYS

OVERVIEW

OVERVIEW

For more than 20 years, the NBA has provided government attorneys exceptional CLE. We look forward to continuing to provide you with high quality programs focused on government practice issues.

This seminar will offer six hours of Government-specific CLE programming—including three hours of ethics—on Wednesday, December 20. Topics will include updates on Employment Law, Ethical Election Issues, Practicing in front of the Chancery Court, US Supreme Court Case Law, and more!

Joanna McCracken will help NBA members understand the crucial role that mental and physical health play in our practice of law. This presentation will focus on understanding the effect of stress on the body and mind, and how to counteract it. Throughout the seminar, participants will learn how to apply meditation, mindfulness, and breathing techniques to restore mental and physical balance.

PRESENTER

PRESENTER

For a complete agenda and presenter information, visit

Joanna McCracken McCraken Kuhn Marks PLLC

NashvilleBar.org/GovernmentInstitute.

D E TA I L S

D E TA I L S Seminar ������������������������������������������������������8:00am – 4:15pm Credit ������������������������������������������������3.0 Dual & 3.0 General* Location ����� Hybrid - TN Library & Archives or Virtual (Zoom)

Seminar �����������������������������������������������������������5:00 – 6:00pm Credit �����������������������������������������������������������������������1.0 Dual* Location ���������������������������������������������������������������� NBA Office COST

COST December 20 ������������������������������������������������������������������$259

NBA & CDN Members (No CLE Credit) ����������������������������$0 CDN Members (CLE Credit - Paid by CDN) ����������������������$0 NBA Members (CLE Credit) ��������������������������������������������$35 Non-Member ��������������������������������������������������������������������$89

DECEMBER/JANUARY 2023-24 | NASHVILLE BAR JOURNAL

17

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. F E BRUARY 1 | HYBRID SEMINAR

CURRENT ISSUES IN WILDLIFE AND HUNTING LAW 2024

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 chedu le

OVERVIEW

Join co-sponsors Safari Club International and the NBA at the 16th annual Current Issues in Wildlife and Hunting Law CLE. The CLE features four credit hours, including one hour of ethics, and will address hot topics from experts in the field of wildlife law. SCI membership is not required for attendance (in-person or virtually).

If you register by January 15, 2024, the fee will cover the cost of the course and a half-day, morning attendance at the SCI Annual Hunters’ Convention on February 1, 2024. You can attend the Convention in the morning and the CLE in the afternoon!

Did you know?

On-demand CLEs are just a click away through NashvilleBar.org/DistanceLearning! Choose from the following relevant and focused topics.

Business | Campaign Finance | Chancery Court | Conservatorship | Criminal Law | Diversity | Domestic Relations | Elder Law | Election Law | Employment Law | Entertainment Law | Estate Planning | Ethics & Professionalism | Family Law | Government | Guardian Ad Litem | Immigration | Mediation | Probate | Solo & Small Firm | Technology | Trial Practice | Trusts & Estates

PRESENTER For a complete agenda and presenter information, visit NashvilleBar.org/SCI. D E TA I L S Seminar �����������������������������������������������������������1:00 – 5:15pm Credit �����������������������������������������������������������������������4.0 Dual* Location �������������������������� Music City Center & Virtual (Zoom) COST Registration ��������������������������������������������������������������������$285

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NASHVILLE BAR JOURNAL | DECEMBER/JANUARY 2023-24

WE’VE GOT YOU COVERED Visit NashvilleBar.org/CLE for the lastest

Journey to Holland

For Members & Guests of the Nashville Bar Association

May 2 - 6, 2024

Keukenhof – The Hague – Rotterdam – Kinderdijk

May 6 - 8, 2024

Optional 2 Night Extension in Amsterdam

Law & Culture in the Netherlands For more info & to register online, please visit cle-abroad.com/trip/nba

Discounts Available for Public Interest Attorneys

BILL & PHIL’S GADGET OF THE MONTH

Microsoft Windows Copilot | being a summary of the solutions to your query or question with footnotes to actual websites. So, in this respect, Copilot is just a Bing chatbot added to the Windows interface with the added ability to perform some limited Windows commands.

One use of Copilot that we actually found useful was to ask it to summarize a webpage that we had open in the Edge browser. Acting more like an AI-assistant rather than just a robotic shortcut, Copilot will do a pretty good job of creating a bullet point summary of any web page we had open in the active browser tab, including PDF documents open in the browser. Much like a human assistant might read through a document and highlight the salient points for you, Windows Copilot seems to perform this task with ease.

While we know this preview version of Copilot is limited in its functionality, we still can get a glimpse of how AI is going to be infiltrating our daily workflow through the systems that we currently use. This evolution is not scary to us (as of yet, we haven’t been able to train Copilot or anyone else to write an article in the “tone of Bill and Phil”). While we welcome more AI technology into our workflow, at the same time we do well to realize its limitations and sometimes its outright errors. Thankfully, humans like us are still around to tame and harness this technology for good.

-Bill & Phil n

Introducing the New NBA All-Access CLE Pass This year we are offering exciting new member benefits, including the new All-Access CLE Pass. For $199, members may register for an unlimited number of any NBA-produced* seminars, both online and in-person throughout the membership year (November 1 through October 31, 2024).

For details and more information regarding the All-Access CLE Pass,

contact our CLE Director, Cameron Adkins at Cameron.Adkins@NashvilleBar.org

*Travel-related CLEs and other seminars in which we partner with outside entities are excluded from All-Access CLE Pass use. The All Access CLE Pass expires on October 31, 2024 and may not be used to register for seminars beyond that date.

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NASHVILLE BAR JOURNAL | DECEMBER/JANUARY 2023-24

(continued from page 14)

Happy Holidays from your friends at the Nashville Bar Association

Editorial | Brad T. Bald

The Balance of the Ego: How Lawyers Can Maintain a Healthy Sense of Self It’s hard to really make the subject positively state / Some may hate it and some may overrate it / It’s a top story and you rarely see a trend / So all you psychoanalysts, pull out your pad and pen It’s called the ego.

Ego, A Tribe Called Quest Simply put, the ego is our personal identity that consciously shapes decision making and our sense of importance. We’ve all experienced judgment of someone with a “big” or “unhealthy” ego – they express an overabundance of confidence and have an irrational belief in their own importance.1 Such judgment likely stems from self-esteem issues, or maybe we’ve been that person on an occasion (or two). Heaven forbid we do not receive the respect we think we deserve, so we begin to get defensive and voila, the oh so familiar “do you know who I am?!” monologue occurs.

Egos have been plaguing the legal profession for decades.

Since day one of law school, we’ve obsessed over productivity. We check emails at every stoplight and “bill-on-the-go” to constantly keep our mind busy. This self-created feeling that we need to be busy all the time convinces us that we must be doing something important because we are, after all, very important.2 We often measure life by events, defining our self- worth in achievements. We waste previous moments proving ourselves to people we don’t respect.3 As a result, our identity gets wrapped up in what others think of us, or more accu-

rately, what we think others think of us.4 Lawyers are trained to be good at thinking and analyzing issues.

We hold onto past decisions, ruminate, and react defensively if our egos are threatened. As a result, we are left to dwell from life’s demands via unhealthy substances. If only there was a technique or practice that could help – queue meditation and mindfulness.

Meditation and mindfulness techniques have been essential in defusing the unhealthy ego narrative and restoring a sense of tranquility in people’s minds for centuries. The essence of meditation is to detach from the analytical mind (which lawyers get buried in), but not avoid thoughts altogether. Meditation’s biggest misconception is that we are going to stop thinking and hinder all thoughts completely.

The function of the mind is to produce thoughts. Similar to our hearts beating and our lungs breathing, our minds are constantly creating thoughts – a natural process that restarts on its own.5 One of the principal skills we build in the practice of meditation is the ability to observe thoughts as they are, without judgment.6 The Ego wants to control the narratives surrounding our life.

We are primed to manipulate opposing counsel’s arguments and our own client’s opinions – a seemingly impossible task. Instead of wasting effort trying to change other people’s behaviors, we can redirect that energy toward moderating our own behavior.7 Meditation practices can push us into a more self-aware expression. During moments (continued on page 26)

DECEMBER/JANUARY 2023-24 | NASHVILLE BAR JOURNAL

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Editorial | The Balance of the Ego LAWYER REFERRAL & INFORMATION SERVICE

Are you looking for another avenue for revenue and referrals, specifically those tailored to your practice area?

If so, the NBA Lawyer Referral & Information Service needs you. We are currently in need of attorneys who handle issues such as:

SSI Employment Evictions Immigration Workers’ Compensation For information on joining the LRIS, contact LRIS@nashvillebar.org. We look forward to hearing from you!

THE EXCLUSIVE REFERRAL SERVICE FOR THE NBA 22

(continued from page 21)

of discomfort, we can ask ourselves: “Is this thought always true or are there times it could be false?”8 A majority of the time, these thoughts are based in our opinions of what others think of us. Better yet, “If this thought was in fact true, does it really matter?”9 Opposing counsel’s passive aggressive email is certainly not worth our time and energy over the weekend.

While the ego can be destructive, we aren’t trying to extinguish it completely – more of a regulation practice. We still want to be motivated and goal oriented, yet it’s imperative to recognize the controlling nature of our ego and not let it dictate our decision making. Let’s turn the volume down in our minds so we can approach life more humanely and compassionately over time.10 As Eckhart Tolle elegantly stated: “to be identified with your mind is to be trapped in time: the compulsion to live almost exclusively through memory and anticipation.” Having a more open experience to life allows us to let go of judgment and be less inclined to misinterpretation. When our attention is occupied on criticism or chasing the next accomplishment, we lose touch with life around us. Although the ego may hijack our daily practice, always remember we are in the driver’s seat.11 The mind’s activity has a circular quality to it; while the mind produces thoughts that tend to carry us away into trains of related ideas, it also naturally circles back to awareness of the present.12 Hopefully, we can better recognize and appreciate moments of clarity, instead of wrestling our minds into a state of artificial and uncomfortable silence.13 BRAD BALD is a commercial real estate attorney in Nashville, Tennessee where he serves as Associate General Counsel for Lifestyle Communities. Lifestyle Communities is a national multifamily developer, investor, and operator with a portfolio of owned and un-

NASHVILLE BAR JOURNAL | DECEMBER/JANUARY 2023-24

der-construction assets totaling approximately 8,000 rental units. Primary markets currently include Columbus, Nashville, Austin, Raleigh, and Charleston. He is also a member of Tennessee’s Attorney Well-Being Committee and volunteers for the Tennessee Lawyers Assistance Program.

Endnotes

Ryan Holiday, Ego is the Enemy (2016).

Jeena Cho & Karen Gifford, The Anxious Lawyer (2016).

3 Holiday, supra note i.

4 Jay Shetty, Think like a Monk (2020).

5 Cho & Gifford, supra note ii.

6 Id. 7 Id. 8 Id. 9 Id. 10 Scott Barry Kaufman, The Pressing Need for Everyone to Quiet Their Egos, scientificamerican.com (MAY 21, 2018), https://blogs.scientificamerican.com/beautiful-minds/ the-pressing-need-for- everyone-to-quiet-their-egos/.

11 Ricky Derisz, When the Ego Hijacks Mindfulness, mindful.org (March 26, 2021), https://www.mindful.org/ when-the-ego-hijacks-mindfulness/.

12 Cho & Gifford, supra note ii.

13 Id. 1 2

VOLUNTEER FOR DIAL-A-LAWYER Thank you to our October & November volunteers!

OLIVIA AL-SADI CHRIS HUGAN GINA CRAWLEY TOM LAWLESS 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 Traci Hollandsworth at Traci.Hollandsworth@nashvillebar.org.

Complimentary dinner is provided.

To learn more, visit NashvilleBar.org/DialALawyer

LEGISLATIVE COLUMN

Capitol Notes | Peggy Sue, the Beagle Hound

“If you want to run with the big dogs, you have to get off the porch.”

January 9, 2024. The 2024 legislative session begins at noon, Tuesday, January 9. This is the second year for the 113th General Assembly. Typically, that day brings excitement to the Capitol complex as the 132 members convene to start the formal lawmaking process. This year with the sour taste of the August Extraordinary Session still being fresh, expectations may well be tempered. The annual session, however, will still see the usual 1500 or so bills filed for consideration. Bills remaining from the 2023 session may be considered during the 2024 session. Bills remaining from the August Extraordinary Session do not automatically carry over; a sponsor will have to refile any of those bills for one to be considered during the 2024 regular session. Curious dogs are wondering if Governor Lee will include any bills dealing with guns in his 2024 package of Administration bills.

The regular session is expected to run through the end of April. Aside from the regular observation of state holidays, notable dates include: February 5 for Governor Lee’s delivery of his proposed budget to the General Assembly and April 4 which is the qualifying deadline for a legislative

candidate for the 2024 elections in August and November.

Darren Jernigan. Nashville Mayor Freddie O’Connell has announced his hiring of State Representative Darren Jernigan as the Director of Legislative Affairs. Darren has served in the State House since 2012, and he also served six years in the Metropolitan Council representing the Donelson, Hermitage, and Old Hickory communities. Darren plans to serve out the remainder of his two-year House term, but he will not seek reelection in 2024. Darren is a studious legislator, and he is well respected on both sides of the political aisle. He is one of the few Democrats who can still pass a bill in a House where Republicans hold a supermajority. Tennessee has always had a rural urban divide in its state politics, but Darren faces a heavy lift as he works to repair the multiple compound fractures in the State and Metro Nashville relationship.

Perhaps, he will even be able to remind his legislative colleagues of the Home Rule Amendment in the Tennessee Constitution as well as the Equal Protection clause in the Federal Constitution.

John Lyell. Nashville lawyer John Lyell was a skillful advocate for the legal community and the rule of law with his work before the General Assembly. John

(76) died on October 21, 2023. John earned his undergraduate degree from the University of Tennessee in Knoxville and his law degree from the University of Memphis. He began his lobbying work in 1979, and never looked back to the day to day practice of law. At the top of his game, his book of business contained many titans of Tennessee business, as well as the Tennessee Titans, and the Tennessee Bar Association. He had the peculiar knack of being able to translate for the quirky Senate Speaker, John Shelton Wilder, as well as maintaining a close working relationship with Senate Judiciary Committee Chair Curtis Person. John was a founding member of the Tennessee Lobbyists Association. We wish his many friends and his family members well as they celebrate a life lived to its fullest.

Calendar Notes.

December 20 – Government Practice and Professionalism Institute CLE. December 22 and 25 – State offices closed for the Christmas holiday.

December 29 and January 1 - State offices closed for New Year holiday.

December 25 through January 1 – NBA offices closed for the holidays.

January 15 – State and NBA offices will be closed for observation of the Martin Luther King, Jr. holiday. n PEGGY SUE is fond of the classic 1957 Buddy Holly song. When hunting legislative news or biscuits, she is hard to contact.

DECEMBER/JANUARY 2023-24 | NASHVILLE BAR JOURNAL

23

Remembering Nathan Shelby

by Jordan K. Gibson

Nathan Shelby was a great lawyer. He received his undergraduate degree from the University of Tennessee.

He began his career as a history teacher and coach before attending law school at the University of Memphis Cecil C. Humphrey School of Law, where he graduated magna cum laude. In law school, Nathan interned for Magistrate Judge Diane K. Vescovo in the Western District of Tennessee and Tennessee Court of Appeals Judge W. Frank Crawford. As an attorney, he was active in the Tennessee Bar Association and Tennessee Defense Lawyers Association. For the last 16 years, he shared his brilliant mind and competitive spirit through his law practice at Rainey, Kizer, Reviere & Bell.

Nathan Shelby was a friend. Since his death on September 6, 2023, I have heard from so many people about who Nathan was to them. He was uniquely able to relate to anyone, never meeting a stranger. He connected with adversaries and allies alike. He knew about their families and shared about his. He opted for candid conversations with adversaries over gamesmanship. It was fun to practice law with Nathan.

To many of us, Nathan was also a brother. He was loyal and deeply kind, ready to help anyone who needed it.

He knew us well and showed up in important ways. When the stress of litigation showed on our faces, he had a joke prepared. I can still hear him calling after me every time I walked out the door for court, “Don’t mess it up!” He knew it would get a laugh and an eye-roll and he’d have done his job. With the jokes, he also offered grounding perspective and wisdom that helped us enjoy our jobs and our personal lives. To those lucky enough to know him as a brother, his sudden absence has profoundly affected us all. He was one of the best men I’ve ever known.

Higher than any other title, Nathan Shelby was a father to three children. Before him, I never knew a male attorney who adapted his work schedule to his children’s lives. He unapologetically walked out the door every afternoon to get to the bus stop or his kids’ ball practices. He often finished his work day out on those ball fields or picked up work after bedtime, knowing what needed to be done could come second, as long as it got done. He set the tone for what it meant to be a lawyer and a parent. His favorite jobs were dad and coach. By prioritizing relationships and family, a break from the convention of our profession, he gave all of us permission to do the same. You do not have to abandon your humanity to be a zealous advocate. Take this opportunity to follow Nathan’s example. Just like Nathan said, “Don’t mess it up.”

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NASHVILLE BAR JOURNAL | DECEMBER/JANUARY 2023-24

barBITES | Kristin Thomas, KT Trial Consulting and Information Design Services SWEDISH MEATBALLS Meatball Ingredients

Gravy Ingredients

4 tablespoons butter 1/3 cup onion, minced 1 egg 1/2 cup milk 1/2 cup fresh breadcrumbs 1 1/4 teaspoons salt 2 teaspoons sugar 1/2 teaspoon allspice 1/4 teaspoon nutmeg 1 1/4 pounds lean ground beef

1 1/4 teaspoons salt 3 tablespoons flour 1 teaspoon sugar 1/8 teaspoon pepper 1 3/4 cups milk

Directions

Sauté onion in 2 tablespoons of hot butter in a large skillet, until golden Meanwhile, in a large mixing bowl, beat egg; add milk and breadcrumbs. Let stand 5 minutes. Add 1 1/4 teaspoons salt, 2 teaspoons sugar, allspice, nutmeg, meat, and onion. Blend well with fork.

In same skillet used for onions, heat 2 more tablespoons butter. Shape meat mixture into small balls, about 1/2” to 3/4” diameter. Drop some balls into skillet; brown well on all sides and cook completely. Remove to warm covered casserole dish. Repeat until all balls are cooked.

For the Gravy Leaving the fat in the skillet, stir in flour, 1 teaspoon sugar, 1 1/4 teaspoons salt, pepper; slowly add milk; stir until thickened. Add gravy to covered casserole and stir meatballs to thoroughly coat.

Enjoy!

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Annual Member Picnic | September 2023

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Annual Member Picnic | September 2023

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Justice Tarwater Welcome Reception | October 2023

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YLD 20th Annual DISCO Race Judicata | October 2023

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ADVERTISE IN THE

Visit NashvilleBar.org/Advertise for more information.

Contact Adrienne Bennett Cluff, our Marketing & Communications Coordinator, at Adrienne.BennettCluff@nashvillebar.org to start advertising

Hearsay | Honors & Awards, On the Move, Firm News HONORS & AWARDS

ognizes an Inn member who has provided exceptional leadership to the American Inns of Court movement at the local, state, or national level.

The Nashville Bar Association is happy to announce that the organization recently won two National Association of Bar Executives’ (NABE) Luminary Awards. Hal Hardin’s Killer of the Dreamer Article, featured in the 2023 April/May edition, received the 2023 Luminary Award for Excellence in Authored Articles. The article outlines Hardin’s experience meeting and working with infamous James Earl Ray, who was convicted of assassinating Martin Luther King, Jr. Released near the 55th anniversary of Martin Luther King Jr.’s death, this personal, story-like piece outlines the many legal issues and conspiracy theories that went into this case, even after James Earl Ray was incarcerated. A photo of a letter from James Earl Ray to Hal Hardin is included. Additionally, the NBA’s Black History Month social media campaign featuring prominent attorneys during Black History Month received a Luminary Award for Excellence in PR/ Marketing/Social Media Campaigns.

The campaign aimed to highlight heroes of color within the Nashville Law Community, as well as their key accomplishments and accolades. The chairs of the NBA’s Diversity Committee along with the chairs of the Race and Equity Committee were instrumental in the process of determining whom would be featured for the first edition of this campaign.

Bradley Arant Boult Cummings LLP is pleased to announce that two of the firm’s partners, Ann Peldo Cargile and J. Thomas Trent Jr., have been named to the 2023 edition of Who’s Who Legal: Real Estate guide. Cargile represents parties in all aspects of commercial real estate, including leasing, finance and joint ventures. She serves as president of the American College of Real Estate Lawyers (ACREL), which is the premier organization for real estate lawyers in the U.S. Cargile is a frequent author and speaker on real estate topics and is known for her impact on Tennessee condominium law. Trent regularly works with national and regional clients, including major manufacturing companies, corporate users of commercial real estate, institutional investors, developers and lenders. Trent has experience handling complex economic development incentive and commercial real estate transactions across the country.

He is a frequent speaker and panelist at commercial real estate, finance, and economic development seminars and programs.

Nashville School of Law President and Dean William C. Koch, Jr. received the prestigious A. Sherman Christensen Award at the Supreme Court of the United States during the American Inns of Court Foundation’s 2023 Celebration of Excellence. The A. Sherman Christensen Award, named after the founder of the first American Inns of Court, rec-

For the fourth consecutive year, Baker Donelson has achieved Mansfield Certification Plus status, a structured certification process designed to ensure all talent at participating law firms has a fair and equal opportunity to advance into leadership. Mansfield, a project of Diversity Lab, is focused on broadening the talent pool for consideration, including those historically underrepresented in the legal profession, to facilitate transparent pathways to leadership.

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NASHVILLE BAR JOURNAL | DECEMBER/JANUARY 2023-24

Baker Donelson has been named a Top Performer and Compass Award winner by the Leadership Council on Legal Diversity (LCLD), which recognizes law firms and corporations that show a strong commitment to building a more inclusive legal profession.

Marlene Eskind Moses and Marissa Moses Russ have been named to the 2024 Lawdragon 500 Leading Family Lawyers list, a collection of leading advisors for divorce, separation, asset division and custody issues. Marlene Eskind Moses has long been recognized as an outstanding family law practitioner. Problems created in families need someone who can provide creative and highly desirable solutions. Eskind Moses is uniquely qualified to be that problem solver. With a Masters in Social Work, in addition to her law degree, she understands the importance of protecting children, protecting or acquiring wealth, and planning for the future. Marissa Moses Russ, drawing on her business background and innate ability to relate to people, uses her experience to solve diverse and complex family law matters. She helps clients find solutions that preserve their relationships with their children and protect their financial interests. Moses Russ is adept at understanding the intricate financial and relational issues of divorce and other family law matters.

The Litigation Counsel of America is pleased to announce that William C. Scales, Jr. of Gullett Sanford Robinson & Martin PLLC in Nashville, Tennessee, is a recipient of the Peter Perlman Service Award. The award was presented to Scales for his outstanding commitment to community

Hearsay | Honors & Awards, On the Move, Firm News service by LCA Executive Director and General Counsel G. Steven Henry, at the 2023 LCA Conference & Celebration of Fellows held at the Fairmont Banff Springs in Banff, Alberta. The Peter Perlman Service Award recognizes LCA Fellows who contribute in meaningful ways to society by giving back their time and resources in an effort to improve the lives of others.

ON T H E MOVE Baker Donelson has added tax attorney Charles “Chuck” Goldberg Jr. as of counsel in its Nashville office, growing the Firm’s prominent Tax Group. Mr. Goldberg rejoins the Firm, where he previously practiced in the Jackson, Mississippi office. With experience advising on tax, mergers and acquisitions, general business law, and estate planning matters, Goldberg represents individuals and business clients in the areas of state and federal taxation, business transactions, tax controversy, business law, business succession planning, and estate planning. He also has experience navigating the legal landscape for corporations, partnerships, and limited liability companies. Goldberg advocates for clients in tax controversies with the Internal Revenue Service, the Mississippi Department of Revenue, and other state and local taxing authorities.

Sherrard Roe Voigt & Harbison is pleased to announce that Brettson Bauer and Lindsay Dial have joined the firm as associates. Bauer joins the firm’s commercial litigation group, and Dial joins the corporate group. Bauer earned his law degree from Vanderbilt

University, where he was articles editor and the inaugural host of the Vanderbilt Law Review Off the Page podcast.

He graduated with his Bachelor of Arts, cum laude, from Washington & Lee University. Prior to SRVH, Brett was a clerk for the Honorable Charles E. Atchley, Jr. Dial earned her law degree, magna cum laude, from Belmont University and her Bachelor of Arts, cum laude, from Vanderbilt University. She joins the firm with nearly 20 years of professional experience, including private banking, as a small business owner, and as manager of a trailer transportation company.

Stites & Harbison, PLLC announces the addition of Haley Duncan. Duncan is a member of the Real Estate & Banking Service Group. She earned her J.D. from the University of Louisville Louis D. Brandeis School of Law, magna cum laude, in 2023. While in law school, Duncan was a member of the University of Louisville Law Review, Volumes 60-61. She served as vice president of the Business Law Group and was a member of the Women’s Law Caucus, the International Law Society and the Entrepreneurship Clinic.

FI R M N E WS Legal Aid Society of Middle Tennessee and the Cumberlands, Tennessee’s largest nonprofit law firm, announced that it is partnering with the Lawyers’ Association for Women for a fundraising campaign aimed at assisting survivors of domestic violence.

The fundraising effort, lasting through the end of the year, is being launched as part of National Domestic Violence Awareness Month, which runs through October. Funds raised will go toward funding vital educational materials that will make a tangible difference in the lives of survivors. n

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: 10/2/23 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 1350, Nashville, TN 37219-2419 8. Mailing Address of Headquarters of Publisher: Same 9. Publisher: Adrienne Bennett Cluff, Editor: Bill Ramsey, Managing Editor: Lauren Poole, 150 4th Ave N, Ste 1350, 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: 08/10/23 15. Extent & Nature of Circulation: a. Total Number of Copies (net press run) 2,056 1,956 b. Paid Circulation (by mail & outside the mail) (1) Mailed Outside County Paid Subscriptions 100 85 (2) Mailed In-County Paid Subscriptions 1927 1842 (3) Sales Through Dealers and Carriers, 0 0 Street Vendors, Counter Sales, etc.

(4) Paid Distribution by Other Classes of Mail Through the USPS 4 4 c. Total Paid Distribution 2031 1931 d. Free or Nominal Rate Distribution (1) Free or Nominal Rate Outside County 0 0 (2) Free or Nominal Rate In-County 0 0 (3) Free or Nominal Rate Copies - Other Classes 0 0 (4) Free or Nominal Rate Copies - Outside USPS 0 0 e. Total Free or Nominal Rate Distribution 0 0 f. Total Distribution 2031 1931 g. Copies Not Distributed 25 25 h. Total 2056 1956 i. Percent Paid

100% 100%

16. Electronic Copy Circulation: a. Paid Electronic Copies b. Total Paid Print Copies + Paid Electronic Copies c. Total Print Distribution + Paid Electronic Copies

0

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d. Percentage Paid

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17. This statement of ownership will be printed in the December/January 2023-24 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).

— Adrienne Bennett Cluff, Marketing & Communications Coordinator, Nashville Bar Association, November 20, 2023

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Upchurch Watson White & Max Mediation Group welcomes Russell C. Gallagher to its distinguished panel of neutrals. » Resolving disputes in aviation/transportation), labor, contractual, personal injury, worker’s compensation and other areas of practice.

Russ Gallagher

rgallagher@uww-adr.com

» Former commercial litigator with an emphasis on contract disputes. Also was a captain for a major airline and represented its labor group in mediations and arbitrations. » Retired military (Navy pilot), Tennessee Air National Guard.

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RESERVE OUR FACILITIES The NBA 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 WiFi access, a computer, and phone—available for your use. For more information, contact Vicki.Shoulders@nashvillebar.org

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NASHVILLE BAR JOURNAL | DECEMBER/JANUARY 2023-24

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Thank You for Your Membership!

The NBA Premier Membership recognizes those members who desire to demonstrate the utmost in commitment and support to NBA programs and services. Contact Ashley.Moore@nashvillebar.org for information on how to become a Premier Member.

PREMIER MEMBERS David Anthony Gail Ashworth Bahar Azhdari Laura Baker Dan Berexa Michael Berman Hon. Joe Binkley Hon. Melissa Blackburn Charles Bone Dewey Branstetter Kenny Byrd Chris Cardwell Loy Carney Mark Chalos Will Cheek Jeff Cherry Daniel Clayton Seth Cline Todd Cole Chris Coleman Grover Collins Lew Conner John Day Joy Day Jackie Dixon Sherie Edwards Mandy Floyd Lora Fox Keith Frazier Barry Gammons Dave Garrison Andy Goldstein John Griffin Thomas Hager Amy Hampton Bill Harbison Aubrey Harwell

Trey Harwell Paz Haynes Lisa Helton Paul Housch Joseph Hubbard Jan Jennings Tracy Kane Andrew Kaufman Jordan Keller Chris Kelly Jenny Kiesewetter John Kitch Bill Koch Irwin Kuhn Ed Lanquist Tom Lawless Billy Leslie Wendy Longmire Kim Looney Christina Lopez Hon. Randal Mashburn Sam McAllester Hon. Amanda McClendon Hon. Carol McCoy Bob Mendes Margaret Moore Hon. Pat Moskal Phil Newman Paul Ney Andrew Noell David Parsons Greg Pease Andrea Perry Tracy Powell David Raybin Ben Raybin David Ridings

Nathan Ridley Worrick Robinson Chris Sabis Marie Scott Bruce Shanks Joe Shelton Kimberly Silvus Martin Sir Liz Sitgreaves Eric Smith Laura Smith Saul Solomon Mike Stewart Gerard Stranch Jim Stranch Chris Tardio Jim Todd Hon. Aleta Trauger Howard Vogel Michael Wall Tim Warnock Liz Washko Jim Weatherly Carolyn Wenzel Tom White Tom Wiseman Talley Wood Ed Yarbrough Bill Young Stephen Young Gulam Zade Stephen Zralek

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Thank you for supporting your local bar association!

The Nashville Bar Association 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community from legal organizations with more than three attorneys that have 100% of their Nashville attorneys as members of the NBA. To become part of NBA’s 100% Club, contact Ashley.Moore@nashvillebar.org and support your local bar association today!

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