Nashville Bar Journal | October 2011

Nashville Bar Journal

October 2011 - VOL 11, NO. 9

ADOLPHO A. BIRCH, JR. (September 22, 1932 - August 25, 2011)

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Nashville Bar Journal A Monthly Publication of the Nashville Bar Association

www.nashvillebar.org

A Man Who Inspired Many: A Tribute to Chief Justice A.A. Birch

October 7, 2011 Step Up to the Plate Event @ the Courthouse

October 20, 2011- 12:00 pm Government Lawyers Committee Meeting

Nancy Vincent

October 7, 2011 - 12:00 pm 3rd Annual NBA Healthy Bar Party @ Waller Lansden

October 20, 2011- 5:30 pm ADR Committee Meeting@ Nashville City Club

October 11, 2011- 11:30 am L.A.W. Meeting

October 27, 2011 NBA Predators Hockey Night

October 12, 2011- 11:30 am Environmental Committee Meeting

November 5, 2011 NBF Fellows Dinner

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In His Own Words: Excerpts from the Oral History of Justice Adolpho A. Birch, Jr. PAGE 10

October 13, 2011- 5:30 pm YLD Annual Meeting @ Buffalo Billards

FROM THE PRESIDENT Remembering PAGE 2

Bob Mendes, MGLAW, PLLC

_______________________________________________ 4 Communiqué • Justice Birch Tribute/Freedom Riders Art Reception • Memorial Service • ADR Mixer • YLD Toiletry Drive • 2012 Dues Forms • Golden Oldies • Upcoming Events

_________________________________________________________ 12 Bill & Phil’s Gadget of the Month: Ten of Our Favorite iPad Apps Bill Ramsey, Neal & Harwell, PLC Phillip Hampton, LogicForce Consulting _________________________________________________________ CLE Information - Center Section _________________________________________________________ 14 Freedom Rider Art At The Public Library A Fifty Year Anniversary Exhibit

October 13, 2011- 5:30 pm Corporate Counsel/MOC Mixer October 18, 2011- 12:00 pm Ethics Committee Meeting October 19, 2011- 8:00 am Past Presidents Breakfast

November 17, 2011 Memorial Service @ Downtown Presbyterian Church November 17, 2011 - 5:30 Justice Birch Tribute/Freedom Riders Art Reception @ Downtown Public Library December 8, 2011 NBA Annual Meeting & Banquet @ Wildhorse

October 19, 2011- 12:00 pm Memorial Service Committee Meeting

View Full Calendar online at www.nashvillebar.org

-Golden Oldies-

Howard M. Romaine _________________________________________________________ 18 Tennessee Lawyers Assistance Program (TLAP) Laura Gatrel _________________________________________________________ 18 NBA 100% Club Members _________________________________________________________ 22 Disclosure - Announcements • Kudos • People on the Move • Firm News • In Memory _________________________________________________________ 24 Classified Listings _________________________________________________________

----------------------------------------------------------------------------------------------Identify the individuals in the photo. Be the first to email the correct answer to nikki.gray@nashvillebar.org and your name (along with your correct entry) will appear in next month’s issue.

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Nashville Bar Journal A Monthly Publication of the Nashville Bar Association

www.nashvillebar.org

Robert Mendes, Publisher William T. Ramsey, Editor-in-Chief ramseywt@nealharwell.com

Eleanor Wetzel, Managing Editor

FROM THE PRESIDENT

by Bob Mendes

Remembering

eleanorwetzel@jis.nashville.org

Journal Staff: Nikki Gray, Director of Communications nikki.gray@nashvillebar.org

Tina Ashford, Communications Coordinator tina.ashford@nashvillebar.org

Editorial Committee: Kelly L. Frey Nanette Gould Marge Haines Kathleen Pohlid Tim Ishii Tracy Kane Rhett Parrish Bill Ramsey Stephanie Reevers Eleanor Wetzel

Nashville Bar Association Staff Gigi Woodruff Executive Director ----------Tina R. Ashford Communications Coordinator Susan W. Blair Director, Continuing Legal Education Shirley Clay Finance Coordinator Wendy K. Cozby Lawyer Referral Service Coordinator Nikki R. Gray Director of Communications Traci L. Hollandsworth Programs & Events Coordinator Judy Phillips CLE Coordinator Vicki Shoulders Membership Coordinator/Office Manager The Nashville Bar Journal, ISSN 1548-7113, is published monthly by the Nashville Bar Association at 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219, (615) 242-9272. Periodicals Postage Paid, Nashville, TN (USPS 021-962). Subscription price: $25 per year. Individual issues: $5 per copy.

POSTMASTER: Send address corrections to Nashville Bar Journal, 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219 No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. The Nashville Bar Journal is not responsible for the return or loss of unsolicited manuscripts or for any damage or other injury to unsolicited manuscripts or artwork.

All Articles and Letters contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association.

Nashville Bar Association 150 Fourth Avenue North Suite 1050 Nashville, TN 37219 615-242-9272 Fax 615-255-3026 www.nashvillebar.org

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Nashville Bar Journal - October 2011

For the second month in a row, procrastination has gotten the better of me. I literally can't wait another day to write my President's message for October. Today is 9/11, and tomorrow I leave for the Sister City trip to Caen in Normandy, France. So, my press deadline will pass before I return. All of this means that, at the risk of being six weeks too late for these sentiments, I have little choice but to write about the thoughts of the day.

For all of us, 9/11 had different facets. It brought us together as a nation to experience the horror and grief of the day; and the anger and hopefully healing that followed. But, it was an intensely personal tragedy for all of us as well. For me, the personal side centered on my now-ten year old daughter.

Katie was born two months early on June 19, 2001. It was enough of a surprise then that I was in the middle of trying a case in Chancery Court when my wife went to the hospital. I am the only man I know who has a transcript of when he found out his wife was going to be delivering. Less than 90 minutes later, I had a 2 pound, 10 ounce baby girl. She was as strong and as healthy as she could be, and finally came home with us in early August. But, by 9/11, she still weighed no more than 5 pounds.

For me, 9/11 brought into focus the fears of all parents about what their children will find in the world – about whether they will be safe, and happy, and able to thrive. That day also hammered home how precarious life is. For my daughter to survive those first days and weeks took hundreds of things breaking the right way for our family. For those that suffered on 9/11, the scale tipped cruelly the other way.

On this tenth anniversary of 9/11, as I head to Caen tomorrow, I find myself thinking about the public feelings and the personal ones. And, like 10 years ago, the public and personal are hopelessly intertwined. I am preoccupied with the lesson about how life is a delicate balance, and also how democracy is just as fragile.

Regarding democracy, for months, there are two historical components of my trip to France that inspire me. First, since Law Day was about John Adams this year, I re-read a biography. Adams spent much of the Revolutionary War in France (and the Netherlands) fighting the war of European public opinion. Our nation's successful birth was as much about his success in Europe as any other factor. As I head to France for the first time, I am grateful for his efforts roughly 230 years ago (and also that I can fly into Charles De Gaulle instead of sailing the Atlantic).

Second, while in France, we'll be visiting the Normandy American Cemetery overlooking Omaha Beach. June 6, 1944, was another day when democracy hung in the balance. I am not sure the U.S. Flag flies over more hallowed ground.

Those who fought that day honored the American experiment with democracy.

It was not easy in 1776, and it was not easy in 1944.

On the personal side, thankfully, in 2011, my concerns are more mundane than they were 10 years ago. Katie (10) and her sister Claire (8) are happy and healthy. The sharp focus on parental fears from September 2001 has dulled most days into figuring out how to balance soccer practice and homework. It is only when I see the deep blue sky of a clear September morning that I have reason to remember how precarious it all was when Katie was born.

I am aware that my feelings from 9/11 are not unique; we all have our own intense experiences. In that way, this is a bit of a selfish column. I confess that writing this is probably more about me getting free therapy than it is about telling anyone anything useful. For that, I apologize. To makes amends, let me attempt to relate this to us (lawyers as a group) and our practices.

In a blog I follow (http://sethgodin.typepad.com/seths_blog/), on September 11, 2011, Seth Godin wrote: I remember ten years ago like it was yesterday, looking out the window of my office and wondering if it (all of it) was over. I remember those that suffered and were lost, and those brave enough to risk everything. Not sure we'll ever forget, or if we should.

But now more than ever, I believe we have an obligation to stand up, stand out and to do work that matters. Wherever you are, there's an opportunity to be different, with respect.

There is a common thread through John Adams in France, our D-Day soldiers, all the heroes of 9/11, and the medical professionals that can make a baby under 3 pounds survive and thrive. It is the same special ingredient that makes our democracy succeed. Seth Godin captures the sentiment – "stand up, stand out and do work that matters." n

2011 NBA BOARD OF DIRECTORS Robert J. Mendes, President John D. Kitch, President-Elect Barbara J. Perutelli, First Vice President John J. Griffin Jr., Second Vice President Alisa C. Peters, Secretary William Robert Pope, Treasurer M. Bernadette Welch, Assistant Treasurer Gareth Aden, General Counsel Rebecca C. Blair Robert E. Boston C. Dawn Deaner Charles K. Grant Barbara D. Holmes Michele M. Johnson Hon. Randy Kennedy Patricia Moskal Tracy Shaw Tom Sherrard Hon. Marietta Shipley Emily A. Shouse Michael D. Sontag John R. Tarpley Mandy Haynes Young

Got an Idea for an NBJ Article?

We want to hear about the topics and issues readers think should be covered in the magazine.

Send it to nikki.gray@nashvillebar.org

Nashville Bar Journal - October 2011

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communiqué

NBA NEWS n COMMITTEE INFORMATION

Justice Birch Tribute/ Freedom Riders Art Reception The Nashville Bar Association and Napier-Looby Bar Association will be co-hosting an event at the downtown public library on November 17, 2011 to both honor Justice Birch and to celebrate the current Freedom Riders art exhibit at the library.

The Justice Birch tribute will begin at 5:30 p.m. and will have several speakers including Chancellor Perkins and Nancy Vincent. The library will be playing his oral history and displaying the images from their special collections archives.

An art reception will follow the tribute, commencing at 6:15. The Nashville Library is flying in artist Charlotta Janssen from New York for this special event. She will be available to speak about her work as well as sign prints.

Several of the original freedom riders depicted in the portraits will also be in attendance to share their stories and will be available for photographs with guests next to their portraits.

The exhibit, Threads of a Story: History Inspiring Art, displays heroic portraits of courage from mug shots (normally a sign of shame and criminality) of Freedom Riders arrested in the spring and summer of 1961. Standing up against the injustice of segregation and institutionalized racism, that moment in 1961 there was no way of knowing what prison in Mississippi had in store, so these portraits are about facing an oppressive system with nonviolence and a deep mix of emotions, each in their own way: fear, joy, anger and innocence. After the artist met many of the Freedom Riders and activists who planned this out and hearing details of their stories and the dangers they faced, she was moved to retell them through oil, acrylic, rust and collage, to take the observer back into that moment.

"These are extraordinary humans who didn’t stand by idle.

Freedom Rides are a miracle to me that we all need to know about and build on what they started: the beloved community."

The Art & How You Can Help Please consider sponsoring the exhibit so that it may travel to other cites where funding is limited. To facilitate packing, storing and transporting this show as well as inviting Freedom Riders to share their experiences in other cities your generous donations and/or sponsorship will be much appreciated. Please contact the artist at charlottajanssen@gmail.com. Donors will be recognized at the event.

Let us get this story out there!

Prints may be ordered from www.charlottajanssen.com.

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Nashville Bar Journal - October 2011

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SPECIAL EVENTS

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NBA NEWS n COMMITTEE IN

NBA Annual Memorial Service The Nashville Bar Association's annual Memorial Service will be conducting its 102nd service on Thursday, November 17, 2011 at the Downtown Presbyterian Church. The service begins at 11:00 a.m.

There will be a reception immediately following the service in the church's Fellowship Hall.

A project of the NBA's Historical Committee, the Memorial Service honors the memory of those Nashville lawyers and judges who passed away during the preceding 12-month period.

Memorial resolutions, recounting the lives and legal careers of the deceased individuals, are prepared and then read at the service by friends and colleagues of the bench and bar.

Family members and friends of the deceased are invited to attend.

Attorneys to be HONORED: Alfred Abbey Justice Adolpho A. Birch, Jr. Paige (Robin) Dixon Jr. Mike Franks Gail Greenfield James Havron William F. Howard Jack Kershaw Harold Levinson Michael Moore

John Michael Morgan James Neal Robert Puryear, III John Roberts Thomas Schlater, III Philippa Thompson Fran Wallas Sonny West Larry Wilks Stephanie Zembar

NBA Annual Picnic The NBA’s 14th Annual Member Picnic, held on September 22, 2011, drew a large crowd of members, friends and family to Hall of Fame Park downtown. An outstanding dinner was provided by Roy’s Pitt BBQ and the bars were open! Photos from the event are online at www.nashvillebar.org Contest winners:

Kay B. Housch - $100 Visa gift card from SunTrust Billy J. Marlowe & Ron Nevin - Free Golf Lesson and Box of Titleist Golf Balls from IPSCO Georgina Hughes - $50 Gift Certificate from Joy's Flowers Cynthia Bohn - $100 gift card The Palm - donated by Lawless & Associates, P.C. Perry Happell - 4GB ultraHD Flip Video Camera from LogicForce Consulting Ellie Wetzel - Bricktop's Certificate - donated by Blankenship CPA Group, PLLC

If you missed this opportunity to mingle with other local attorneys and judges then you don’t want to miss the Annual Meeting & Banquet! Mark your calendars now – this year’s event will be held on December 8, 2011 at the Wildhorse Salon.

THANKS TO OUR SPONSORS: IPSCO Insurance ABA Retirement Funds Program SunTrust Bank Blankenship CPA Group ePaymentAmerica Nashville School of Law Network Solutions Group Vocational Economics Special Counsel LogicForce Consulting

NFORMATION

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SPECIAL EVENTS

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NBA NEWS n COMMITTEE INFORMATION

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SPECIAL EVENTS

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NBA NEWS n COMMITTEE INFORMATION

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Second Annual ADR Mixer

Presented by the NBA's Alternative Dispute Resolution Committee Thursday October 20, 2011 5:30 p.m. - 8:30 p.m.

Please come join the Nashville Bar Association’s ADR Committee on Medition Day for our Annual ADR Mixer co-hosted by the TBA and ABA Dispute Resolution Section. The mixer will take place in The Nashville City Club on the 20th floor of 201 Fourth Avenue North overlooking downtown Nashville.

Lynn Bogle (Rescue Mission Chief Development Officer), Joel Eckert (YLD Homelessness Committee ), and Austin Bauman (owner of Greenfleet).

This year’s YLD toiletry drive was again a success with about 25 boxes of toiletries collected from nearly 30 law firms and organizations all over Nashville. The YLD Homeless Committee is grateful to all the law firm representatives who assisted in the collection efforts, to Greenfleet for their complimentary collections, and to Bradley Arant for storing the collections and hosting the sorting effort.

All are welcome!

FREE DRINKS AND APPETIZERS Event Sponsors: ABA TBA Bethel University Consensus Conflict Management & Mediation Services, LLC

-Golden Oldies-

2012 Dues Forms

Thor Y. Urness of Bradley Arant Boult Cummings, LLP was the first to correctly identified the individuals in the September Golden Oldies photo. Pictured are: Dan Loftus and Bill Leader.

Our dues year ends on October 31, 2011. You should have received your dues statement in September, please return the form before the deadline in order to be eligible to vote in our board elections in November. If you have any questions regarding your dues form or member benefits please contact Vicki Shoulders at vicki. shoulders@nashvillebar.org or (615) 242-9272.

UPCOMING EVENTS: October 7, 2011 Step Up to the Plate!

Davidson County Judges Celebrate Volunteer Lawyers Noon - 1:30 pm - Sixth Floor, Historic Metro Courthouse rsvp to traci.hollandsworth@nashvillebar.org or 242-9272 ----------------------------------------------------------------------October 7, 2011 Healthy Bar Party @ Waller Lansden ----------------------------------------------------------------------October 13, 2011 YLD Annual Meeting @ Buffalo Billards 5:30 - 7:30 pm ----------------------------------------------------------------------October 13, 2011 - 5:30 pm Corporate Counsel/MOC Mixer @ NBA Offices rsvp to traci.hollandsworth@nashvillebar.org or 242-9272 ----------------------------------------------------------------------October 20, 2011 ADR Mixer @ City Club 5:30 - 8:30 pm

----------------------------------------------------------------------October 27, 2011 NBA Predators Hockey Night www.nashvillepredators.com/NBA Special Code = NBA ----------------------------------------------------------------------November 5, 2011 NBF Fellows Reception @ The Hutton Hotel Silent Auction, Dance Band, and Presentation of the David Rutherford Award to Mr. Charles H. Warfield ----------------------------------------------------------------------November 17, 2011 - 11 am Memorial Service @ Downtown Presbyterian Church ----------------------------------------------------------------------November 17, 2011 - 5:30 pm Justice Birch Tribute/ Freedom Riders Art Reception @ Downtown Public Library ----------------------------------------------------------------------December 8, 2011 NBA Annual Meeting & Banquet @ Wildhorse -----------------------------------------------------------------------

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FEATURE

A Man Who Inspired Many: A Tribute to Chief Justice A.A. Birch by:

Nancy Vincent

I have known Justice Birch since I was a small child, as he and my late father, David Vincent, Jr., were close friends from the mid-1960's until my father passed four years ago. I was fortunate to have shared many a dinner table with Justice Birch during the span of my years, and to have clerked for Justice Birch during his first year on the Tennessee Supreme Court. He was very generous with his wisdom and generous with his person, and I will miss him deeply.

He served two years in the Navy prior to moving himself and his wife Janet to Nashville. Justice Birch's experience in the Navy left a very strong impression on him. His charge to his four grandchildren was that they should attend United States Naval Academy in Annapolis for school.

It is a true honor for me to write this article for the Nashville Bar Journal, as a tribute to Justice Birch's life. The life of Justice Birch is best told through the relationships he developed, the lives he touched, and the guidance his life leaves behind.

In the late 50's, early 60's, it was not at all uncommon for [state court] judges to call black lawyers the "n" word. We had some real racists on the state court bench. Back then, if you were African American, you had to sit on the back of the bus; you couldn't eat anywhere in town; and if you went to a clothing store you couldn't even try on the clothes. It was crazy! You can't imagine.

Justice Birch graduated from Howard University in 1956, with dual undergraduate and law degrees.

Prior to his graduation, the Dean of Howard assembled the top law students of the class of 1956, which included Justice Birch, and requested that, in exchange for the support and scholarships Howard had given them, they practice where their skills were most needed in the civil rights movement, mostly southern states. Justice Birch readily agreed, so the Dean assigned him to Nashville and identified a local black attorney as a Nashville contact for him.

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In 1958, he started a private practice in Nashville. At that time and for the next decade, Nashville and most of the rest of the country was fraught with staunch racism. As attorney George Barrett recounts:

In 1959, Justice Birch moved his practice to work with Robert Lillard and remained with him until 1966, when he established his own office. Lillard held substantial political influence as he was the founder of the Fifteenth Ward Colored Voters and Civic Club, and he was a city and then county council member for 21 years.

During his private practice, Justice Birch's representation included defending students who had been arrested as a result of the sit-ins.

In 1963, he was hired to work part-time as a public defender, and in 1966, Tom Shriver hired him as a part-time prosecutor.

Lillard organized and led the block of the black vote in Davidson County that was democratic, and this block vote supported Buford Ellington's successful bids for governor, both in 1958 and 1966.

In 1969, Governor Ellington discussed with Lillard whether he would accept an appointment to the Davidson General Sessions Court. Lillard declined, but implored the Governor to instead appoint then attorney Al Birch to the Court. Governor Ellington agreed, appointing then attorney A.A. Birch to the Davidson County General Sessions Court.

Justice Birch's appointment to the General Sessions Court was one of many firsts for him as a black man in Nashville. On many occasions, however, he told me that it wasn't the firsts that really counted, he was looking for the seconds and thirds – then we can say that we have made significant strides in our judicial system.

In 1970, he ran for election for the post and won, becoming the first black to win a judicial election in Davidson County.

In 1978, Governor Ray Blanton appointed Justice Birch to the Criminal Court of Davidson County.

Court, making him the first individual (black or white) to serve at all four levels of the Tennessee court system.

In May 1994, just in time to benefit Justice Birch, the Tennessee General Assembly passed The Tennessee Plan, which put in place a retention election scheme for the members of Tennessee's appellate courts. Instead of facing state-wide contested elections after appointment by the Governor, members of the state's appellate courts were to stand for a non-partisan (yes-no) retention election at the next biennial August election. Each member of the state's appellate courts, including all justices, then were to stand for retention election at the expiration of their

in court, a charge for which he was later cleared by state officials.

In 1987, Governor Ned McWherter appointed Justice Birch to the Tennessee Court of Criminal

"Justice Birch was the most honorable man I have ever met. As he toppled barriers and evened the playing field, he made me proud to be an attorney and prouder still to be a part of our system of justice." –Mayor Karl Dean In 1982, Justice Birch won his hotlycontested re-election bid to the Criminal Court, during which he had been accused of failing to report campaign donations from local bail bondsmen, a charge for which he was later cleared by the FBI. In 1984, some local attorneys accused Justice Birch of treating them unfairly

Appeals, making him the first black to serve in the appeals courts of the state of Tennessee.

In 1993, Governor McWherter appointed Justice Birch to the Tennessee Supreme Nashville Bar Journal - October 2011

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full eight-year term. In order to prevail in a retention election, the justice or judge had to receive at least a vote of yes by 50% plus one.

In Justice Birch's August 1994 retention election, he won his retention election with a vote of yes by 66% of those voting.

His next retention election was set for August 1998. In the interim, Governor McWherter appointed Penny White to the Supreme Court around January 1995.

Additionally, the Supreme Court released an opinion in June 1996, which reversed a death sentence for reasons which appeared to divide the Court.

Specifically, in June 1996, the Supreme Court released State v. Odom, which upheld the conviction of first degree murder but reversed the death sentence of Richard Odom for raping and stabbing to death 78 year old Mina Ethel Johnson. The opinion was authored by then Chief Justice Birch.

The Court unanimously agreed to affirm Odom's conviction and to vacate Odom's death sentence as a result of errors that had occurred during the sentencing phase of the trial. The Justices disagreed as to the reasons to vacate such death penalty. Justice Birch, joined by Justices Penny White and Lyle Reid, in a 3-2 decision, vacated the death penalty on grounds to include that Odom's murder of Mina Johnson was not heinous, atrocious or cruel, as follows:

We well understand that almost all murders are "heinous, atrocious or cruel" to some degree . . . In our view, however, rape . . . does not ordinarily constitute "torture" or "serious physical abuse" within the meaning of the [death penalty] statute.

Were we to hold otherwise, every murder committed in the perpetration of rape would be classified as a death-eligible offense.

Justices E. Riley Anderson and Frank Drowota dissented, finding that Odom had tortured Mina Johnson by inflicting severe pain upon her while she was alive and conscious.

This opinion, and the language attributed to Justices Birch, Reid, and White, received wide publicity and criticism.

Justice White faced her retention election just two or so months after the release of State v. Odom, and 55% of those voting whether to retain her voted no. Political analysts attributed her ouster to the publicity surrounding this opinion.

In August 1998, the full Supreme Court, including Justice Birch, was up for retention. Justice Reid retired from the Supreme Court just short of the time he would face a retention vote.

Understanding the need to organize a formal campaign in the face of the opposition that had come out against Penny White, Justice Birch sought out then lawyer (now District Court Judge) Kevin H. Sharp to run his campaign.

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Judge Sharp explains that it was Justice Birch's political acumen that made the difference in his retention election: Although not a politician, Justice Birch was politically astute.

He was a man of uncompromising convictions who would not alter his beliefs to fit current public sentiment. However, he never underestimated the public's intelligence and he believed that even the most strident opponent could be moved by a thoughtful, well-reasoned explanation of his position.

One day during the campaign, Justice Birch called me and said he had been contacted by the leaders of one of the opposition groups during Justice White's retention bid in 1996. They wanted to meet with him and he was asking for my opinion on whether he should do it.

Time was short. I thought we needed him on the road. We were only weeks away from election day and I couldn't see how meeting with a group opposing his retention based on a death penalty decision he had authored years before was in his best interest. After listening to me for a few minutes, he calmly said that he thought he would do it anyway. He was going, and I just asked that he call me from the road on his way back.

When Justice Birch finally called back, I was anxious to see what kind of damage control might be needed. I assumed it hadn't gone well. Instead, he told me that he explained to the gentlemen his position on the death penalty and why he had decided State v. Odom the way he had. He then told me Continued on Page 13 ďƒœ

Personal Reflections On My Friend, Al Birch by:

"Judge Birch was a private person, but when you got to know him he was a good, thoughtful person who you could always count on to treat you in a fair and reasonable way."

–Judge Randall Wyatt "He was very cognizant of the change he was leading, and he cultivated and nurtured the next generation."

–George Barrett "I went to work for Justice Birch as a court officer/ law clerk in 1980, during his tenure as a Judge in the Criminal Court . . ., and continued to work for him through 1985. After leaving my employment with him we continued to be friends. He always made time for his friends. He made time in his schedule to return my phone calls whether it was to answer questions I may have in my law practice, my personal life or even when I became a Judge."

–Judge Gale Robinson

Martha Craig Daughtrey

The accolades that have come to Justice A.A. Birch in the past weeks have been many and more than well-deserved. His professional contribution was enormous; his life was an inspiration to several generations; and his passing has truly mourned.

But beyond A. A. Birch the lawyer, the jurist, and the community icon, there was Al Birch the person.

And, while I value my professional connections with this very professional man, it is my personal experience – going back to 1969 – that I would like to recall in this piece.

When I began my career as a state prosecutor in the office of District Attorney Tom Shriver, I was, in a sense, replacing Al Birch, who had just left General Shriver’s office to become a General Sessions Judge, stepping onto the first rung of what would be a towering judicial ladder. I was assigned to his court, where I subsequently appeared on every criminal docket he handled for the next nine months. We were both new at our respective posts. The difference was that I looked like I was about 16 years old and didn’t know what I was doing, while Al Birch looked every inch the mature, capable judge and – never in his life – like he didn’t know what he was doing. A thoroughly dignified person, he (unlike others I encountered in those years) treated me with respect. But he also guided me in the ways that a young litigator should go, all without compromising fairness to members of the defense bar or their clients.

Our obvious difference in race never intruded on court business, but I can recall one incident in which our difference in gender was apparent. Judge Birch called me back into chambers one day after court was adjourned and pointed out that an African-American woman lawyer who had handled a case that afternoon had been wearing [sharp intake of breath] boots! “Boots, General,” he said to me sternly, “I just don’t know about that.” The subject of his distaste was, as a matter of fact, a stunning and obviously sophisticated young woman from somewhere on the East Coast who was in Nashville only briefly, while her husband finished school. She wore a gorgeous wool suit that day with a jacket and a full skirt. And fabulous leather riding boots – they must have cost something like $200, a great deal of money in those days and more than I was likely to spend on my entire wardrobe that year and the next two, combined. “Well, Judge,” I said, “I can assure that I would never disrespect the court

by appearing before you in boots.” And, trust me, I never did. Even to this day I do not own a pair of expensive leather boots.

Thereafter, there were various similarities in our career paths, but the main experience we shared was years of being the only one of our ilk (black man, lady lawyer) in rooms full of white men. To say that we stood out in those crowds is to state the obvious. Was he occasionally made to feel uncomfortable, as I sometimes was? Well, he was a very private person, and not given to whining in any event. But we did roll our eyes at each other on occasion, or share a wink and a nod.

I arrived at the Court of Criminal Appeals while Al Birch was still in Metro Davidson County’s Criminal Court, Division III. He eventually joined me on the appeals court and followed me onto the Tennessee Supreme Court. It may be that pioneering takes a certain talent for persistence – or maybe just plain stubborness. Whatever the trait is, it’s fair to say that we shared it, as well as three decades of personal and professional association. That accounts for how concerned I was when I learned of his initial diagnosis of a very serious form of cancer and how subsequently relieved when he was able to keep the devil at bay for as long as he did. He gained “extra” years in which many honors would come his way and time enough for the Tennessee Supreme Court Historical Society to secure an oral history of his life.

I was privileged to be chosen as his interviewer and spent two hours asking many of the questions I had always wanted to ask this very private man. Perhaps it was because of our many years of work together, of shared experiences, and of mutual respect, but the result was an exceptionally open discussion of Al Birch’s life, in which both his brilliance and his charm showed through.

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FEATURE

In His Own Words: Excerpts from the Oral History of Justice Adolpho A. Birch, Jr. Justice Birch was interviewed by John Egerton. The complete oral history will be played at the Justice Birch Tribute on November 17, 2011.

Copyright 2005 by the Nashville Public Library, Nashville, Tennessee

Egerton: … I went back and looked in my files at a story I wrote about you for The Tennessean in May of ’96, so it’s been nine years ago since that story. There’s so many things that have refreshed in my memory when I read that story again…. [w]hen I interviewed you in ’96, and it really had a lot to do with your father, Adolphus A. Birch, Sr. Would you mind relating for us his journey from his birthplace to the U.S. BIRCH: Yeah, I sure will.

As he told me, he was born to a Belizean woman and a man from Barbados who was in the Barbados defense force, which came over from Barbados to put down some type of insurrection or uprising in Belize.

And he lived for the most part, in his very early life, with an uncle. He was apprenticed to an uncle. The uncle was a shipbuilder, a shipwright, and my father said that he really treated him badly. Mistreated him, beat him when he made a mistake, just very – what would be cruel in these days.

And he said that he just bided his time and saved whatever pennies he could, dimes and nickels, and at fifteen he left Belize and went to Honduras. That’s the next country. I think he worked there a while and then I think he went to Guatemala and worked for a little while, saving money all the time.

He went to Panama next, and worked on the Panama Canal. He said his job was to arouse the train crew at the particular time they were to get on the trains that carried the dirt back and forth, and the cement, whatever they carried to build the canal. And he did that for a while.

Then he said when he was in Guatemala, though, he had a copy of Booker T. Washington’s book, Up From Slavery. And he said he read it and read it, and kept it with him all the time, and he says his goal was to go to Hampton Institute, where Booker T. Washington had done such –

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So he worked a while in Panama and finally he made his way to Cuba, and from Cuba he took a ship from Oriente Province, took a ship, I even have a picture of it somewhere, in the manifest. Went out from Miller’s Island. He took the ship to the United States and landed in Ellis Island right before World War I, 1918 or ’19, I forget which one. And obviously was here from the time he got here on Ellis Island until he died. *** Egerton: And you were born in Washington.

BIRCH: I was born in Washington, yes.

Egerton: Okay, well, to move the story forward a little bit, you graduated from Dunbar High School in Washington, the renowned Dunbar High.

BIRCH: It was a very, very outstanding school.

Egerton: It produced some of the great American attorneys, and BIRCH: physicians, lawyers, military men Egerton: In the era of segregation, it was one of the great high schools.

BIRCH: In my class there were two brothers who went to my father’s church. I always admired them. One was my contemporary, one was a little ahead of me, but one went to the Naval Academy and one went into the Army through ROTC. The graduate of the Naval Academy got to be a Vice-Admiral in the Navy. He was the skipper of the ship Independence or America, that retrieved the first astronauts. I saw his picture.

He was up there on the bridge with all this gold and brass on.

The brother who took the Army route became a Lieutenant General and his last job was at Fort McPherson in Atlanta. In addition to many other doctors and lawyers, teachers, other professional people. Absolutely a remarkable school.

Egerton: And again, it was your father who made this possible for you in the sense that he provided you with a secure growing up space.

BIRCH: Oh, yes. We didn’t have much, but I felt safe.

Egerton: And you lost your mother.

BIRCH: Yes, my mother died when I was five.

Egerton: Tell about that.

BIRCH: Well, what can you say? You wonder how it would have been otherwise, and, you know, at five I didn’t have many memories of her. But you always sort of wonder in the back of your mind how would things have turned out, had she lived. But, you know, you keep moving on.

Egerton: She died in childbirth, as I recall, and so the baby also died.

BIRCH: That’s right.

Egerton: And you had another brother slightly younger than you.

BIRCH: Yes, yes.

Egerton: So at the age of five and your brother, say, three, your father was a single parent and remained so.

BIRCH: He did.

Egerton: Tell me how you would describe your relationship with him in the years from your first memories as a young boy until you graduated from Dunbar.

BIRCH: Well, he was a very stern man because he had been exposed early in life to the British regimen, which was the way of life in Belize. It was a British protectorate then, British Honduras.

And stern, sometimes stiff. If I wanted to go see a baseball game at Griffith Stadium, which was the home stadium of the Washington Senators, four blocks from my house, I would have to figure out a way to do it. He was not the ‘come on son, let’s go to the ball game’ kind of guy.

August 10, 1969

Though stern, my brother and I learned to work through that and to see that behind all of that there was really a person who loved us and cared about us and wanted the best for us. So at times it was difficult, as a kid, to work through that, to get to that point.

Egerton: Did you ever feel like rebelling against it?

BIRCH: Yes, certainly I did.

Egerton: Did you ever?

BIRCH: I think (laughs) the best example of my rebellion – I think I decided to run away when I was, I guess, about nine or ten years old, when I packed my favorite stuff into this grocery sack and called a woman who was sort of very close to my mother and told her I was coming over there. And I think I got over there and I think she talked me into going back home. (laughs) It was only about four blocks away.

So that was the extent of open rebellion. I mean, you rebel in many ways. I think many times we rebel by finding a different way to accomplish something you want to accomplish. But yeah, I had a little bit of rebellion in me, because I didn’t like the sternness too much.

I didn’t like the British method, so to speak.

*** Egerton: As an eighteen-year-old coming out of Dunbar in 1950, do you think back on that as having been cognizant of such changes, for example, as the desegregation of federal government facilities and public accommodations in Washington and the armed services.

BIRCH: Yes, yes, certainly. Because, two reasons. The teachers at Dunbar made us aware by making us read, by making us stay current with events in the world and in our city, of the segregated aspects of society. And it was back then that, I think, a woman by the name of Mary Church Terrell integrated the bus systems, or tried to, and succeeded.

Egerton: Of Washington.

BIRCH: Yes. There was a very, very big push about integrating the cafeterias in the federal buildings. And I think that went on for quite a while. As a matter of fact, I worked one summer that I was in school for one of those cafeterias.

But there was one non-segregated eating facility right Downtown. It was in the Mellon Art Gallery. Now it’s called the National Gallery of Art, but it was the Mellon Art Gallery then. And my father did take us, my brother and myself, there several times to eat in a completely Continued on Page 15  Nashville Bar Journal - October 2011

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

Ten of Our Favorite iPad Apps

(This month’s article is dedicated in memory of our good friend, Bob Sullivan.)

We know that hordes of other tablets are coming on the market; and some seem to be dropping off the market almost as soon as they arrive (the much-hyped, but underperforming HP Touchpad, for example). What remains constant in the ever evolving tablet PC race, however, is that Apple's iPad still reigns supreme. Besides the fact that Apple did just about everything right with the design and marketing of the revolutionary iPad product, by being the first kid on the block, Apple got a huge leap on all of the other platforms in accumulating useful apps for the iPad. To date there are reportedly over 90,000 apps available for the iPad in the Apple store, not to mention the many more iPhone apps that can also be used on the iPad. So with that many apps to try out and review, we thought we had better get started right away. Below are 10 of our favorite apps out of that 90,000 (as it stands today). We're sure this list will get frequent updates as we nose our way through Apple App-land.

Splashtop Remote: We stumbled upon this app when trying to find a good remote desktop app to recommend to some of our colleagues. This is a great free app that you can use to connect to a home or work PC when you are on the go and work on the PC from your iPad as if you are sitting right in front of the screen. This app has a streaming application that you download and run on your PC and then you download the Splashtop app on your iPad. Very easily you can configure your iPad to access the PC remotely. We tried it out and thought it was actually pretty cool.

Box.net and Dropbox: Box.net is a great file-sharing site that we've written about in the past. You can sign up for a free personal account that gives you 5GB of storage in the cloud. With a box.net account and the free iPad app, you have an excellent interface that allows you to access the files stored in the cloud on the iPad. You can share files and folders with other users as well as download files locally to your iPad for offline access. Dropbox has a similar function and app; however, we really like the box.net version.

Note Taker HD: There are many great apps for note taking on the iPad, but we tried out the Note Taker HD app and found that it really works well. With this app you can write notes using your finger or an iPadcompatible stylus. Other note taking apps for the iPad force you to write very small to fit the handwriting on the page. This app, however, shrinks your handwriting as you write so that more data can fit on the iPad screen. We especially like the organization tools within the app that helps keep your notes organized as well as send out pages of notes as PDF attachments. If you prefer traditional handwritten notes to pecking on a virtual or Bluetooth keyboard, this app is just the answer for you.

Flipboard: Are you tired of the mundane, tedious routine of pulling up your frequent internet sites on your browser favorites bar and then drilling down to read the articles and posts that truly interest you? If so, perhaps the Flipboard app will add new spice to your internet browsing activity.

This innovative application allows you to browse the internet sites and topics that interest you in a slick, glossy magazine-type interface. Named Apple's iPad App of the Year, Flipboard is an innovative approach to aggregating all your internet interests into one, interesting interface. We especially like the way it presents Facebook and Twitter posts. For busy people on the go, Flipboard is an essential iPad app that you can use to cut through the crap on the internet to get the essentials and enjoy reading it.

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Google Earth: This application is nothing new and has been around for desktops for a while, but it is just so cool and amazing on the iPad. You can walk or fly around the globe with just the swipe of your fingers with amazing views of the oceans, mountains, and cities in far-flung locations. You can quickly search for some remote destination or browse geo-located photos from around the world.

WunderRadio: WunderRadio is an app that runs on iPads, IPhones, Android Phones, Blackberry, or Windows Mobile devices. It is what is called a “radio hub.” It gives you streaming access to over 36,000 radio stations on your iPad, tablet device, or phone.

WunderRadio allows you to listen to thousands of streaming Internet radio stations and other audio streams on device with ease and without any hassels. You can listen to your hometown stations no matter where you are. You can listen to TV audio. You can check police scanners. Download the application to your phone today and browse the enormous directory of stations, searching by location and over 400 different genres

such as music, talk, sports, and entertainment. You can use your device’s GPS to locate all local stations. Nice!

The Weather Channel Max: This is another app that runs on just about any platform, but it is almost magic on the iPad! It has all the usual stuff – in-depth weather forecasts, innovative interactive maps, a robust video library, etc., but the touch-screen format with the iPad is intuitive and elegant. The radar and satellite weather map are fully customizable and easy to use. The hourly and 10-day views are really sweet on the iPad. Evernote: If you have not used Evernote, you should try it. It is a note-taker, to do list maker, information saver, web site downloader, video saver, voice note recorder, and more. It backs up to the “cloud” so you can access your notes, lists and other information on any platform.

On the iPad, the interface is easy to use and your notes, etc. are easy to read.

Great for those absent-minded professors out there.

Tennessee Code on iPad: How about the laws for the State of Tennessee in an easy-to-use, interface for $4.99? It is stored locally on the iPad, so you do not have to have an internet connection. You can search by title and chapter, keywords, criminal and traffic only, etc. You can “book browse” section by section and set the font size to view it in landscape and portrait modes. This app is a “must have” for lawyers, judges and yes, even policemen (they read the law, too!). This is a lot less bulky than carrying the book version and less cumbersome than trying to call it up on your laptop. (Litigator is another app that costs more - $14.99, but it includes the federal rules as well as Title 18 and Title 28.)

Spotify for the iPad: We have told you about Spotify in an earlier column. Spotify gives you access to music by almost any artist you can think of, and it is totally legal!

We don’t know how they do it, but Spotify has legally licensed millions and millions of songs. Put on those headphones when you are bored and listen to some good old rock n’ roll. Listen to a little “Brown Eyed Girl.”

Bob Sullivan would want you to. See you next month, Bill & Phil

A Man Who Inspired Many: A Tribute to Chief Justice A.A. Birch ďƒ›Continued from page 8

that not only would they not oppose his retention, but that they were willing to help get his message out.

Justice Birch won his 1998 retention election with a vote a yes by 54% of those voting.

Judge Thomas Brothers noted, "I can't conceive of what all he came through – and to accomplish all that speaks volumes about his political acumen."

In 2006, Justice Birch retired from the Supreme Court.

Justice Birch passed away peacefully on August 25, 2011, surrounded by his family.

Justice Birch's father, Adolphus Augustus Birch, Sr., was an Episcopal priest, who was born in British Honduras. Father Birch raised Justice Birch and his younger brother, Kennard, in Washington D.C., as a single parent, as Justice Birch's mother passed when he was around five years old. He is survived by his twin daughters, Andrea and Angela, and his name sake, Adolpho III. Andrea is a medical doctor, specializing in radiology at Vanderbilt while his other two children are lawyers: Angela, the former general counsel for Minute Maid, and Adolpho, senior vicepresident for the NFL. Justice Birch is also survived by his brother Kennard and four grandchildren, Michael Cox, Erin Fergu-

son, Elena Ferguson and John Ferguson III. Throughout his life, Justice Birch mentored many lawyers, judges and others who crossed his path. He often sought to elevate many others, employing new law court officers and law clerks on an annual basis, recommending countless for jobs across the city, state and country, counseling countless on issues that were confronted in daily lives, and even lending his reputation and voice for a once young lawyer (now Mayor Karl Dean) who had impressed him as a man of vision and a man of his word.

Judge Richard Dinkins said of Justice Birch that, He was very much willing to mentor young lawyers and was encouraging to black lawyers to pursue excellence and judgeships, and to be a full part of the judicial system. . . . He came out of an exclusionary history and was very much devoted to making this an inclusive profession, something that we take for granted now. . . . His passing is the passing of a generation in terms of mature lawyers [who have been through the trenches of racism]. There is a void of those who came out of that time.

Justice Frank Drowota, Justice Birch's dear friend and former colleague on the Court, said that he had "never seen someone who received so many awards and was so humble about it", and that he lived a life true to himself and his faith in accordance with Micah 6:8: "What doth the Lord require but to do justly, love mercy, walk humbly with thy God." n Nancy A. Vincent is with the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, and practices in areas including aviation, administrative, and construction law, as well as commercial litigation. She currently serves on the Charter Revision Commission, as well as several other local organizations and is a member of the Napier-Looby, Nashville, Tennessee, and American Bar Associations.

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FEATURE

Freedom Rider Art At The Public Library A Fifty Year Anniversary Exhibit by:

Howard M. Romaine

The song embossed on the face of The Reverand James Lawson reflects the Freedom Rider's movement. The portrait is a side jail shot and there is a front one also, large, at the entrance to special collections on the second floor of the Nashville public library.

In addition to the newspaper clippings included in the Freedom Rider pieces – which provide insight to each Freedom Rider’s story – there are often excerpts from songs. Powerful words that underscore the emotions invoked by the exhibit.

When one stands in front of the side view of Lawson on the second floor mezzanine and reads the words of that young song, there is a grasping of the mind for the time, the meter, the beat, of the chorus:

Hallelujah, I'm a travelin' Hallelujah, ain't it fine, Hallelujah, I'm a travelin' Down freedom's main line.

And the melody and beat of the Hallelujah chorus comes pouring out of some inner memory, some long forgotten singing at some far distant time, of this and other Freedom Songs in some southern church, and one's body starts to move with the forgotten rhythm and the forgotten song, and one's eye stays on the verses, and on the face.

The painted side shot image of Lawson carries the words of the song inscribed down the whole side of the face, down the neck, onto the arms, chest, and waist: At Howard Johnson's one day We will all buy a Coke And the waitress will serve us And know it's no joke I'm taking a trip On the Greyhound Bus Line I'm a riding the front seat To Jackson this time As the song moves into the heart of the peril awaiting the rider, the time frame flashes forward, and backward.

One may remember the first black families put off their farms for trying to register to vote in Fayette County, Tennessee in 1959, or flash forward to the brother of slain Charles Evers, Medgar Evers, who came south from Chicago to Mississippi's Fayette, to take up residence and run for office and follow his slain brother’s path of resistance in the middle sixties.

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In Fayette County Set off and remote The polls are not open For Negroes to vote Again, this old line, is a kind of history, perhaps the oldest kind, and it connects to images in the mind of black people cheated from voting in Florida in 2000, and again in Ohio in 2004, and the continuity as well as the “pastness” of this vast past swells again, and again in the chorus, strangely jubilant, even as the heart weeps at the continuing icy retrograde grip of America's white supremacist past and present.

Hallelujah, I'm a travelin' Hallelujah, ain't it fine, Hallelujah, I'm a travelin' Down freedom's main line.

For those too young to remember the intense debates about how non-violence could and should best be used, the next line leads, one hopes, at least for some, to the books about the Nashville movement, such as The Children by David Halberstam (addressing the intense debates about whether bail should be accepted, or whether the jails should be filled with protestors) or Raymond Arsenault’s monumentally detailed work Freedom Riders 1961 and the Struggle for Racial Justice.

This exhibit is one which calls out to be viewed, and viewed again. Each time I take a friend or client, the intensity of the experience seems to shift, shimmer, glimmer, and change. It pulls me back in to a strange, intense past which lies with us in a burning reincarnation in our current political landscape. The protracted heroism of those who subjected themselves to such hatred and irrationality pours back into me, and lifts me up, like the light coming down from the beautiful windows in the upper parts of the library. Often, these intensely surreal faces from the past seem like guardian angels shouldering us forward into a more hopeful and forgiving future. The work of Charlotta Janssen at the public library is not only a work of art, it is a pulsing theological moment of unending duration, and continuing compelling attention. n RECEPTION ON NOVEMBER 17, 2011 Threads of a Story: History Inspiring Art

Reception starts at 6:15 pm following the Justice Birch Tribute at the Downtown Public Library. Both events will be on the second floor - Special Collections area. Freedom Riders will be in attendance to tell their stories.

Prints can be ordered from www.charlottajanssen.com. Please consider sponsoring the exhibit so that it may travel to other cites where funding is limited. Please contact the artist at charlottajanssen@gmail.com. Donors will be recognized at the event.

In His Own Words: Excerpts from the Oral History of Justice Adolpho A. Birch Continued from page 11

integrated, non-segregated, non-discrimination environment, and I enjoyed it.

But you have to understand, in Washington then, it was a segregated city, no question about it. But I never felt the segregation much, because I never had to go to Fourteenth and F [Street] to go to the white movie and go sit upstairs, because there were movies on U Street that black people went to. And, you know, I didn’t feel it.

I felt it sometimes as I was working, as a porter in People’s Drug Store sometimes, and as a Western Union telegram delivery person on a bicycle. You know, some people are rude to you. But by and large, though a segregated city, the effects of it you read about more than you feel, at least as a kid. *** Egerton: And the part I’m not clear about is, some time during that two year period, you had figured out your next move. You were coming to Nashville, Tennessee, as soon as you got out of the Navy. How did that happen?

BIRCH: Well, it happened in my last year of law school, the last few months.

The Dean called, I guess, six, seven, eight of us into his office. We didn’t have any idea what it was about. And he put a proposition to us.

He said, ‘Look, you all are students who are at the top of the list. Howard has supported you and provided you with a scholarship for two and a half years, and we’re happy to do that. But we do think you should join the efforts to help places where you are needed, and we will arrange for you to meet somebody in these places we have selected,’ Egerton: Mainly Southern places.

BIRCH: Yeah.

‘And you decide for yourself what you want to do. Some of you have parents who are in law and we know you’re go-

ing there. Some of you may have other plans, or restrictions on what you do, and conditions. But for those of you who don’t, we would be happy to try to assist you to locate somewhere where we think you’d be needed. Because that’s what we’re trying to instill in you, is service.’

So it made a lot of sense to me. Here are these folk that subsidized my education to the extent where I didn’t pay any tuition at all. I had to buy books, take care of my room and board, but – and I was grateful. Very grateful, because without that subsidy I probably could have made it, but I would have had to work much harder, and longer.

Egerton: Your father really wasn’t in a position to be able to pick those costs up.

BIRCH: No. He couldn’t have picked those costs up. He did his share, like I lived there, which was a tremendous help.

But I was grateful, and I said, ‘Yes, I’ll do that.’

So the Dean matched me up with a lawyer here in Nashville called J. F. McClellan, who was a very, very astute man and very well known and very active. But his primary interest was real estate. So I had come down and visited him two or three times, and we corresponded, and I decided that I would take the Tennessee Bar Exam while I was in the Navy.

So I guess it was the summer of ’57 I signed up for the Tennessee Bar. I saved all my leave, I got thirty days leave, I went to Knoxville. I stayed at Knoxville College, but I enrolled in a Bar Review course at the University of Tennessee, that they held in the evening, in the basement of the Law School right down on Cumberland [Avenue]. And I took the Bar as a member of the Navy. ***

Egerton: And Mr. McClellan, he was one of a handful of black attorneys in Nashville, wasn’t he.

BIRCH: Yes, he was.

Egerton: Not as we think back now, one of the well-known famous ones.

BIRCH: Not well-known and famous as a lawyer, but as a real estate person he was pretty well known. There were, I believe, sixteen black lawyers here.

Egerton: At the time that you came.

That’s more than I would have thought.

BIRCH: Yeah. And not all of them practiced law. You had one who was in the construction business, two others, a physician who was a psychiatrist and a lawyer, Raphael Hernandez. And then Crawford Lindsay was an English professor at Tennessee State. Coyness Ennix was the first black member of the School Board. Ennix, Looby, a dynamic duo.

Egerton: Z. Alexander Looby and Robert Lillard were both on the City Council.

BIRCH: That’s right. R.B.J. Campbelle, Jr., he was the first black graduate from the University of Tennessee.

Ennix’s son was here at that time, Frank, and Egerton: That’s a larger professional community than I had realized, sixteen.

Did you all meet as a group, ever?

BIRCH: Yeah, we had what was known as the J.C. Napier Bar Association.

Egerton: And of course, J.C. Napier is famous in Nashville history as not only one of the first black attorneys here, but he went on to become Register of the Treasury under President Taft [in 1911]. *** Continued on Page 16 

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In His Own Words: Excerpts from the Oral History of Justice Adolpho A. Birch Continued from page 15

Egerton: Tell about the local law school.

BIRCH: It was called the Colored YMCA Law School.

Egerton: Also known as the Kent – BIRCH: Kent College of Law. Ennix was a teacher and Looby was a teacher, and it was established to satisfy, or in some way attempt to satisfy, the desire of some black people to go to the YMCA Law School downtown, which was segregated for whites.

But I think the “problem” was that the YMCA was a national organization and I think there were persons on the National Board that didn’t like the law school using the YMCA name in a segregated way. So I think pressure from those people – I won’t say forced, but caused the white night law school to establish this branch, so to speak, for blacks only.

And Robert Lillard was a graduate of it, and I believe Campbelle, Sr. was a graduate of it, and A.J. Steele and maybe one or two others. So it – although its purpose was not noble, (laughs) maybe in some ways, it was. It served the purpose.

Egerton: And there was your mentor, too, who, in addition to what you – of course, you didn’t go to Kent Law School, but you, through Bob Lillard, you got to learn, post-graduate, the way life worked in Nashville.

BIRCH: That’s true. That’s very true.

That’s a very good way to put it. *** Egerton: About seven years after you started with Lillard. The other thing that I want to be sure to get in here, when I think about you coming to Nashville in 1958, and going to work with Lillard in ’59, I think about that photograph that’s one of the ones in the Civil Rights Room at the Library that 16

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shows a group of people gathered around a judge’s desk, and there’s a defendant, obviously, a young person, maybe a couple of them, BIRCH: Four of them. The picture’s on my website right now. I use it as my screen saver.

Egerton: There are several lawyers in that picture. I think Coyness Ennix is one of them. And there is A.A. Birch, Jr., standing there looking like a rookie.

BIRCH: Well, that’s what I was.

Egerton: Do you remember that pretty well? I mean, is that pretty firm in your mind?

BIRCH: Yeah.

Egerton: Do you think you had any inkling of the significance of that at the time?

BIRCH: I knew it was really significant, but when that picture was taken, the outcome was still in doubt. It had not evolved at that point to the confrontation at the Davidson County Courthouse with Ben West. It hadn’t evolved to that. Plus Martin Luther King had not – his Movement was generating steam but it had not reached the point where you could really see what result – Egerton: The really big things were yet to come, yeah.

BIRCH: But I was aware of the significance of it. I perhaps minimized the significance of it, but it was really significant.

Egerton: Did you have any sense at all that the white power structure of Nashville was going to respond in a positive way to any of this?

BIRCH: There were signals, and there were signs. Greenfield Pitts, the manager of Harvey’s, and the Nashville Chamber of Commerce didn’t want to go through the sort of boycott that black people staged, because it was economic. It apparently did a lot to change their minds, just the economic part. But there were

signals. There were people in Nashville who really, honestly felt that segregation in places of public accommodation was wrong.

Egerton: You think there really were, then, and you knew them and you believed them.

BIRCH: I knew some of them. The ones that I knew were sincere. And it gave some hope to the Movement, it gave some hope to the energy and effort that anybody put into it. Even though we did not know the outcome, we felt that change was in the air – inevitable.

Egerton: Bob Lillard was on the edge of that, in a way. He was on the City Council then. But he didn’t take an active role as an attorney for the sit-in-ers the way Looby did.

BIRCH: Well, no, not really, but it’s really because Looby and Williams were, I’d guess you call, the lead attorneys in all the cases. I don’t think anybody designated them that, and I don’t think they designated themselves. It just happened that they were the premiere civil rights lawyers, and the brunt of the defense fell upon them and they assumed it, and everybody else just helped. But Bob was one of those who helped. *** Egerton: Well, then, I want to really close our conversation by asking you a somewhat more philosophical question that I’d like for you to just reflect upon and think through aloud with me.

You’ve been in Nashville for forty-seven years. You came here from a segregated city, but a city that was in many ways more open for blacks than the city to which you came. And elsewhere around you in the South, there were cities that were much more rigid on race issues than Nashville was. So I’d like to hear you thinking about the national struggle with the issue of race and equality, from the perspective that you have had when you came here, and, you know, at this stage in your life when you reflect on this, what are some of our gains and

what are some of our losses, and where do you think we are, as a city?

BIRCH: I think that, as you say, we’ve come a long way. A long, long way.

Segregated schools, segregated transportation in some areas, segregated public accommodations, and just an attitude of segregation. Oftentimes you may not be the victim or bear the brunt of segregation directly every single day, in every single encounter, but you know that no matter where you go or what you do, there is that cloud of segregation hanging over you.

I guess Nashville has been fortunate.

We’ve been fortunate to have city executives, both Mayor and Vice-Mayor, and members of the City Council, who were really forward-looking. Not all of them, obviously, but most of them. And their goal, apparently, was to make this town a good place to live, for everybody.

And some would say they went about it too slowly, but there are some who say they went about it too fast. But they did go about that business.

And when you think about people who I think called the shots in this town over the past fifteen, twenty, thirty years, Mayor Briley and Mayor West, Mayor Fulton and John Siegenthaler, and Ira North, Bob Lillard and Kelly Miller Smith and people like that – they really wanted the best for their city. And it showed in almost everything that they did. A wealth of moral rectitude, a reservoir of good will that these people had, I guess the premise being that the city can’t be good if it’s bad for some folks.

But then urban renewal sort of set it back a little bit.

And after the Sit-Ins, I think, when the schools began to settle down from integration, it became a matter of economics, money. And even now, it’s money, more money for schools.

Nashville has truly come a long way in the time I’ve been here, and I’ve seen it.

And it is consummately a much more pleasant place. You can go anywhere you want to without real fear of being insulted. You know, people smile at you.

It used to be that people would have –

not a frown on their face, but, you know, a sort of stern look, a ‘what do you want?’ sort of thing. That doesn’t happen, at least I’ve not experienced that.

You can live wherever you want to live. Wherever you can afford to live you can live. And I think white Nashvillians are prepared – more so – not to the extent necessary, but are prepared more so to accept you as the person you are, whatever that is. In the past, thirty years ago, there was a presumption that – well, rather than explaining (laughs) it to you, I’ll give you an example of it.

Bob Lillard asked me to go to the Police Chief’s office. Hosse, I believe, was the chief. Chief Hosse. He wanted me to pick up something, a letter or something, that Hosse’s secretary had written.

So I walked in and the secretary was there, and without allowing me to say anything, she says, ‘Do you have something to deliver?’ (laughs) You know, that doesn’t happen any more.

The two things that still persist, as I see it, are both presumptions. One is the presumption of white privilege. It’s there. And the second is the presumption of black inferiority. It’s there. I don’t care how you cut it, it’s there.

And it is more subtle now, and perhaps less pronounced, but it’s still there, and whether it ever will leave is a question that I can’t answer. I don’t know. But it doesn’t have such a direct effect on your life now as it did then.

So I guess, in answer to your question, we’ve come a long way, a mighty long way, not only in terms of you can go where you want, to eat, but also in terms of how you are perceived. But those two presumptions still sort of grab you every once in a while. *** Egerton: I guess that’s part of what I was alluding to in saying the weight of history is felt in different ways in all

aspects of the culture. The fact that we have a history of slavery and then segregation, and white supremacy and black inferiority were taken as givens. The fact that we’ve had it, even though you and I might not have lived in the periods when those exact things were in place, it still is a part of our history and we’re still struggling to change that.

Is Nashville in this respect better or worse than other cities in the South and in the country in its ability or probability of dealing with these changes?

BIRCH: I think Nashville is ahead of most cities in the South, even ahead of Atlanta. The Atlanta experience, though, is mostly economic – the big boom. We don’t have that kind of boom here. But I think when it comes to where we are in terms of race relations, in terms of the quality of life for everybody, I think we’re ahead of most places in the South. *** Egerton: And then we’ll close. I will invoke the memory of your father one more time. You, in his later years, brought him to Nashville and, I think the last thirteen years of his life he lived here. In that story I wrote earlier, you said those were some of the best years of your life.

BIRCH: They were. The ability to give back to a parent some of what you received, or a lot of what you received, the ability to return it without question, without expectation, is one of the best things that can happen to a person. n

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Tennessee Lawyers Assistance Program (TLAP) HISTORY: TLAP roots in NBA Lawyers Concerned for Lawyers Committee The present Tennessee Lawyers Assistance Program (TLAP) can trace its origins to many sources, but the first known Lawyers Assistance Program in Tennessee was created by the Nashville Bar Association in 1982 and was appropriately called Nashville’s Lawyers Concerned for Lawyers (NLCL). NLCL’s purpose was to assist attorneys and judges who had a problem with alcohol or other drugs, and to protect the interest of clients and the general public from harm caused by attorneys and judges with such problems.

Due to the successful efforts of this committee, several other bar associations soon followed suit, including Memphis, Knoxville and Chattanooga. In 1987, Tennessee Lawyers Concerned for Lawyers, a committee of the Tennessee Bar Association, was formed to provide statewide assistance to lawyers and judges who demonstrated problems with alcohol or other drugs.

On January 7, 1999, the Tennessee Supreme Court adopted Rule 33 of the Rules of the Supreme Court of Tennessee establishing a statewide Lawyers Assistance Program. A commission was formed to carry out the purposes of TLAP, and each lawyer in the state of Tennessee was originally assessed a $10.00 (now $20.00) fee to fund the program.

A full-time director was hired in August, 1999, a full-time assistant director in March, 2001, and a full-time Program Assistant in April, 2004. TLAP’s purview expanded at the time Rule 33 was adopted to become a broad brush program that provides assistance when issues arise from personal problems, life balance concerns, mood disorders, and process addictions. In fact, last year, over 50% of TLAP referrals involved problems other than substance abuse.

Today TLAP has four full-time staff members to cover the state of Tennessee. Clearly four people are not enough to adequately assist the judiciary, law schools, bar applicants, and roughly 22,000 lawyers. As a result, TLAP still depends upon the volunteers, utilizing much of the original concept of the Nashville Bar’s LCL committee. But people may not realize the full extent of what TLAP volunteers do, why they are necessary, and why they might want to become a volunteer themselves.

TLAP staff members are not lawyers. They are trained mental health providers and licensed professional counselors. However, lawyers remain the key component to the success of the program. TLAP relies upon the peer-to-peer model which has been successfully used for years across the country and in Tennessee.

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Volunteers: Why would someone want to volunteer?

• because of a personal experience with addiction, depression, stress or life balance issues • to have a deeper impact within the legal community • to help someone • to be part of a team • to make new friends • to network with others • for emotional and spiritual growth • to give back • for fun!

Some ways for volunteers to get involved are: Interventions. With TLAP guidance, volunteers are often asked to participate in interventions. An intervention is defined as “presenting reality to a person out of touch with it in a receivable way.”

(Intervention, Vernon E. Johnson, p 61). The overall objective of an intervention is to help a person to see how his/her self-destructive behavior affects themselves and others. While sometimes the volunteer may know the person being intervened upon, it is not always necessary. As it is often said in twelve-step meetings, volunteers can share their “experience, strength and hope” with anyone who might be in need of support.

Outreach. TLAP can only help those who know they exist. Outreach opportunities can be as simple as talking about TLAP at legal functions to sharing about TLAP with a friend in need of services.

Peer Monitoring. TLAP sometimes monitors clients for the Board of Professional Responsibility, the Board of Law Examiners, law schools and firms. Monitoring Agreements are written contracts wherein a client agrees to certain measurable activities in order to maintain good mental health and/ or a solid program of recovery from addiction. Peer Monitors maintain regular contact with the client and provide monthly written reports to the TLAP office.

I volunteered as a Peer Monitor for several years working with attorneys in recovery who were under contract with the Tennessee Lawyers Assistance Program (TLAP). It was a very rewarding experience. I am certain that I got more out of it than those that I monitored. I know that I experienced more peace and serenity in my life because of the work I was doing with TLAP.

Public speaking. Education of the bench and bar is a primary mission of TLAP. Volunteers are asked to speak at bar functions, CLE programs, law firms, conferences and law school classes.

Volunteers may also be asked to write articles or stories for publication in state or local bar journals and other print media.

I had the opportunity to travel around the mid-state and speak to different groups about the great work that TLAP is doing. I spoke to public defenders, district attorneys, the private defense bar, judges, and even law students. The programs were always well received. You could tell that people know how important the work of TLAP is because inevitably several people would come up after the speaking engagement to talk privately. They might have a question or maybe a concern about a friend or colleague.

Maybe even some of them had a concern about themselves. Doing this type of work was very fulfilling.

Fundraising. Members of the legal profession have demonstrated above average rates of chemical dependency and mental health issues. Unfortunately, by the time an attorney makes the decision to enter treatment for any of these issues, he or she is rarely financially postured to pay for the treatment. The William B. Cain Memorial Fund was designed to provide a revolving loan to members of the legal profession who are so financially destitute that there is no other way to pay for treatment. Fundraising for the William B. Cain fund is a unique and meaningful way to invest in the profession by helping fellow attorneys in need.

“The fund has literally saved my life.” A 2009 loan recipient

Fun. TLAP hosts social events across the state, including picnics, softball teams, a yearly retreat (Camp TLAP), holiday parties and more.

NBA HEALTH AND WELLNESS COMMITTEE The Nashville Bar Association continues to come up with new ways to assist the NBA member and TLAP. Several years ago, the NBA added a Health and Wellness Committee. The committee first invested 100% of its time addressing the issue of local attorney suicides.

Many of the members became certified suicide prevention presenters, and most of the Nashville firms hosted presentations for both their staff and other interested legal professionals. The presentation, titled “QPR” (for Question, Persuade, Refer), provides three simple steps that anyone can learn to help save a life from suicide. People trained in QPR learn how to recognize the warning signs of a suicide crisis and how to question, persuade, and refer someone to help.

Around this same time, the Health and Wellness committee began to see the need for a revolving loan fund. They helped TLAP receive the seed money for the William B. Cain Fund, wrote the Court expressing the need for the fund, and were in instrumental in deciding that it should be in memory of Judge Cain, who served on the Tennessee Court of Appeals from 1998 until his death in 2007. Judge Cain spent six years on the TLAP Commission, after which he helped to conduct interventions on judges and senior members of the legal committee.

Three years ago, under the direction of Mark Westlake, the Health and Wellness committee conceived the idea of a “Health Bar Party,” a free and fun event designed to teach tips for overcoming anxiety and depression and what it really means to have a balanced life.

This event was first hosted in the TLAP office building and the firms located in Noel Place, but has grown so much that it moved to Waller Lansden law firm

this year. Both the Knoxville Bar Association and the Memphis Bar Association have expressed interest in replicating this event. n If you are interested in learning more about TLAP, becoming a TLAP volunteer, or being added to the TLAP mailing list, please email laura.gatrell@tncourts.gov for more information. Visit www.tlap. org or call 615.741.3238.

STATEMENT OF OWNERSHIP Required by 39 U.S.C. 3685 1. Publication title: Nashville Bar Journal. 2. Publication No. 1548-7113 3. Filed 9/19/11. 4. Frequency: Monthly except January. 5. No. published annually: 11 (eleven). 6.

Annual subscription price: $25. 7. Mailing address of office of publication: Nashville Bar Association, 150 Fourth Avenue North, Suite 150, Nashville, TN 37219-2419. 8.

Mailing address of headquarters of publisher: same as above. 9. Publisher: Nashville Bar Association. Editor: Bill Ramsey, 150 4th Ave. N. Ste. 2000, Nashville, TN 37219.

Managing Editor: Eleanor Wetzel, 408 2nd Ave., Ste 6110, Nashville, TN 37201. 10. Owner: Nashville Bar Association.

11. Known bondholders, mortgagees and other security holders owning or holding 1 percent 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: September 2011.

Actual No. 15. Extent & Nature of Circulation

Avg. No. Copies Ea. Issue During Preceding

Copies of Single Issue Published Nearest to Filing Date

a. Total no. copies (net press run) 2905 2800 b. (1) Paid/requested outside county mail subscriptions 361 369 (2) Paid in-county subscriptions 2361 2318 (3) Sales through dealers and carriers, street vendors, counter sales, etc.

0 0 (4) Other classes mailed through the USPS 0 0 c. Total paid and/or requested circulation 2722 2687 d. Free distribution by mail (samples, comps & other free) (1) Free distribution outside the mail 6 5 (2) Free In-County 53 51 (3) Free - Other Classes 0 0 (4) Free - Outside Mail 0 0 e. Total free distribution 59 56 f. Total distribution 2781 2743 g. Copies not distributed 124 57 h. Total 2905 2800 i. Percent paid and/or requested 98% 98% 16. This statement of ownership will be printed in the October 2011 issue.

17. 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). — Nikki Gray, Communications Director, Nashville Bar Association, September 19, 2011

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100% CLUB

The Nashville Bar Association 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community from legal organizations with more than three attorneys that enroll 100% of their Nashville attorneys as members of the NBA. Contact Vicki Shoulders at 615-242-9272 or vicki. shoulders@nashvillebar.org. Firms, law departments and legal organizations that join this Bar year will be recognized as such throughout the year.

CONGRATULATIONS & THANKS TO THE FOLLOWING 100% CLUB MEMBERS:

Waller Lansden Dortch & Davis, LLP (147) Bradley Arant Boult Cummings LLP (85) Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (74) Miller & Martin PLLC (51) Stites & Harbison, PLLC (38) Bone McAllester Norton PLLC (30) Sherrard & Roe, PLC (28) Harwell Howard Hyne Gabbert & Manner, P.C. (27) Adams and Reese LLP (26) Neal & Harwell, PLC (26) Gullett, Sanford, Robinson & Martin, PLLC (24) Lewis, King, Krieg & Waldrop , P.C. (24) Manier & Herod, P.C. (22) Dickinson Wright PLLC (21) Ortale, Kelley, Herbert & Crawford (20) Leitner, Williams, Dooley & Napolitan, PLLC (19) Cornelius & Collins, LLP (18) Riley Warnock & Jacobson, PLC (17) Brewer, Krause, Brooks, Chastain and Burrow, PLLC (14) Tune, Entrekin & White, P.C. (14) Walker, Tipps & Malone, PLC (14) Waddey & Patterson, P.C. (13) Branstetter, Stranch & Jennings, PLLC (12) Hughes & Coleman (12) White & Reasor, PLC (12) Corrections Corporation of America (11) Frost Brown Todd LLC (11) Ogletree, Deakins, Nash, Smoak & Stewart (11) Smith Cashion & Orr, PLC (11) Dollar General Corporation (10) Hall, Booth, Smith & Slover, P.C. (10) Watkins & McNeilly, PLLC (10) Burr & Forman LLP (9) Kay, Griffin, Enkema, & Colbert, PLLC (9) Levine, Orr & Geracioti (9) Parker, Lawrence, Cantrell & Smith (9) Taylor, Pigue, Marchetti & Mink PLLC (9) Schulman, LeRoy & Bennett, P.C. (8) Spicer Rudstrom, PLLC (8) Buffaloe & Associates, PLC (7) Dodson Parker Behm & Capparella, P.C. (7) Evans, Jones & Reynolds, P.C. (7) Lassiter, Tidwell & Davis, PLLC (7) Reno & Cavanaugh PLLC (7) 20

Nashville Bar Journal - October 2011

American General Life & Accident Ins. Co. (6) Drescher Heller Pieper Martin, PC (6) Farris Mathews Bobango, PLC (6) Keller, Turner, Ruth, Andrews, Ghanem & Heller, PLLC (6) MGLAW, PLLC (6) Barrett Johnston, LLC (5) Haynes, Freeman & Bracey, PLC (5) Hollins, Raybin & Weissman, P.C. (5) Holton Blackstone & Mayberry, P.C. (5) Howard & Mobley , PLLC (5) Kinnard, Clayton & Beveridge (5) Leader, Bulso & Nolan, PLC (5) Luna Law Group, PLLC (5) Shackelford, Zumwalt, Hayes, LLP (5) Trauger & Tuke (5) Dobbins, Venick, Kuhn & Byassee, PLLC (4) Jones Hawkins & Farmer, PLC (4) Law Offices of John Day, P.C. (4) Lieff, Cabraser, Heimann & Bernstein (4) Loeb & Loeb, LLP (4) McCune, Zenner, & Happell, PLLC (4) Morgan & Akins, PLLC (4) Moses Townsend & Russ, PLLC (4) Rutherford & DeMarco (4) Thrailkill, Harris, Wood & Boswell, PLC (4) Willis & Knight, PLC (4) Baker, Campbell & Parsons (3) Cheadle & Cheadle (3) Cheatham, Palermo & Garrett (3) Comdata Corporation (3) Corbett Crockett (3) Glasgow & Veazey (3) Grissim & Hodges (3) Hale & Hale, PLC (3) Hix & Gray, PLC (3) IASIS Healthcare LLC (3) Larry R. Williams, PLLC (3) Lindsey & Sawyer, PLLC (3) Marlowe Law Offices, PLLC (3) May & Ryan, PLC (3) Moseley & Moseley, Attorneys at Law (3) Mudter & Patterson (3) Nashville Electric Service (3) Norris & Norris, PLC (3) Puryear Law Group (3) Rogers, Kamm & Shea (3) Rothschild & Ausbrooks, PLLC (3) Tennessee Justice Center (3) Todd, Floyd & Hammet, PLC (3) Video Gaming Technologies, Inc. (3) Weatherly, McNally & Dixon, PLC (3) Barry Gammons, Attorney at Law (2) Equitus Law Alliance, PLLC (2) Garfinkle, McLemore & Young, PLLC (2) Sarah Cannon Research Institute (2) Shuttleworth Williams, PLLC (2) White & Rhodes, P.C. (2)

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Disclosure Steve Anderson and Sara Reynolds have formed the new law firm of Anderson & Reynolds PLC. The firm handles civil litigation matters, including health care litigation, business litigation, personal injury matters, and civil rights cases. Together Anderson and Reynolds have over 30 years of experience in trial practice. Anderson is a fellow in the American College of Trial Lawyers and has been named as one of Nashville’s Top 100 lawyers by the Nashville Post. Reynolds is the President of the NBA’s Young Lawyer’s Division and is a 2010 graduate of the TBA’s Leadership Law program. More information about the firm can be found at www.andersonreynolds.com.

Alexander J. Davie started his own legal practice, which focuses on corporate, finance, and real estate matters. He works mainly with emerging companies, investment advisers, entrepreneurs, and startups. Prior to rejoining private practice, Davie was the general counsel to a private investment fund manager in the Nashville area. Davie received a Bachelor's degree in Economics from the University of Pennsylvania and his J.D. degree from Duke University School of Law. Nathan L. Powers has joined the Gordon Law Group. A 2009 Nashville School of Law graduate, Powers joins the Gordon Law Group after a stint as an accountant with Willis North America. Powers will be focusing on the areas of Wills, Estate Planning, and Business Corporations. The Gordon Law Group also handles matters regarding Family Law, Bankruptcy, Entertainment Law, Intellectual Property, Corporations and Litigation, Criminal, and Personal Injury.

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Nashville Bar Journal - October 2011

\Dis*clo”sure\ (n) The act of revealing, releasing or bringing to light relevant information concerning NBA Members & Staff. n Announcements n Kudos n People on the Move n Firm News n

Todd Woods returns to Adams and Reese as Special Counsel in the Litigation and Transactions Practice Groups. He most recently served as a Senior Vice President and Deputy General Counsel for a Fortune 50 Company, serving in numerous roles including In-House Chief Counsel for Litigation and Corporate Transactions/M&A. He earned both his Bachelor of Business Administration degree and his Masters of Business Administration degree from the University of Mississippi. He received his law degree from Mississippi College School of Law. Albert J. Bart has rejoined Sherrard & Roe, PLC as a Member, returning to the firm’s corporate practice group after serving as Senior Vice President and Associate General Counsel for Ceridian Corporation for the past three years. Bart was previously a Member of Sherrard & Roe from 2005 to 2008. His focus is on corporate law and securities regulation, mergers and acquisitions, venture capital financings, and general commercial transactions. Bart received his J.D. degree cum laude from the University of Tennessee in 1996 and his undergraduate degree from Vanderbilt University.

J. Spencer Fair has joined Parker, Lawrence, Cantrell & Smith. He has practiced law in Kingsport, Tennessee with Gilly & Associates. He received his Bachelor of Arts degree from the University of Tennessee, where he was Phi Beta Kappa and graduated Magna Cum Laude.

Jessica M. Van Dyke has joined Parker, Lawrence, Cantrell & Smith. She is a 2011 graduate of the University of Tennessee College of Law, earned her Bachelor of Arts degree from Knox College in Illinois and also holds a Masters degree in Political Science from Vanderbilt University.

The law firm of Parker, Lawrence, Cantrell & Smith has announced the expansion and relocation of the firm’s offices to the Fourth & Church Building, formerly SunTrust Bank. The firm’s new mailing address changed to: Parker, Lawrence, Cantrell & Smith, 201 Fourth Avenue North, Suite 1700, Nashville, TN 37219.

Taylor C. Sutherland has joined Rocky McElhaney Law Firm as an associate.

Before joining RML, Sutherland practiced at Leader, Bulso & Nolan, PLC in Nashville. He is a cum laude graduate of the University of the South and a 2007 graduate of Vanderbilt University Law School. His practice at RML will continue to focus on injury and accident litigation.

Patrick Millsaps has joined Hall Booth Smith & Slover, P.C. as a partner. He most recently was the proprietor of the Millsaps Law Firm in Camilla, Ga. Millsaps has extensive experience in civil litigation, alternative energy, health care and education law. He received his undergraduate degree from Samford University and his Juris Doctorate from the University of Georgia School of Law. Waller Lansden Dortch & Davis, LLP, has announced that Meesha Kaw will be the first recipient of its Diversity Endowed Scholarship at the University of Tennessee (UT), Knoxville College of Law. Established earlier this year with a $100,000 endowment from Waller Lansden, the Diversity Scholarship will be awarded annually to a student at the University of Tennessee College of Law whose life has been guided by the examples of Dr. Martin Luther King, Jr. Nashville Bar Association members may send Disclosure announcements via email to nikki.gray@nashvillebar.org Submissions are subject to editing.

Rebecca McKelvey, associate at Stites & Harbison PLLC, has been named one of 2011’s Nashville’s Top 30 Under 30 by the Cystic Fibrosis Foundation. This honor is awarded to young professionals and philanthropists, who exemplify leadership, excel in their professional industry and dedicate their time to Nashville’s nonprofit community.

Meagan Frazier Grosvenor has been elected president of the Tennessee Court Appointed Special Advocates (CASA) Association Board of Directors. She is a MTSU 2001 Mass Communications graduate. She is also a 2007 Nashville School of Law graduate. Grosvenor is a lobbyist and attorney at Smith Harris & Carr.

Kevin Balkwill has been elected vice president of the Tennessee Court Appointed Special Advocates (CASA) Association Board of Directors. He is a member of the University of Memphis Cecil C. Humphreys School Of Law Class of 1999. He graduated from University of South Carolina at Columbia in 1994 with a Bachelor of Media Arts, Scriptwriting, and Video Production. Balkwill is the Disciplinary Counsel-Investigations for the Board of Professional Responsibility of the Supreme Court of Tennessee.

WELCOME NEW NBA MEMBERS John R. Bampfield Chief Counsel-IRS Heather Brooke Caruso Merritt, Flebotte, Wilson, Webb & Caruso, PLLC Matthew S. Chambers Brandi D. Davis Shuttleworth Williams, PLLC* Drew T. Dorner Chambers of The Hon. Juliet Griffin Brittany N. Edmondson J.Spencer Fair Parker, Lawrence, Cantrell & Smith* Jeni R. Gillespie Divyesh R. Gopal Gopal & Pedigo, PLLC Franklin S. Graves Jonathan B. Harris Morgan & Akins, PLLC*

WELCOME NEW NBA MEMBERS James R. Hayes Michele D. Hodges Matthew H. Huntington James Jones Jennifer Jane Lacey Farris Mathews Bobango, PLC* Joshua S. Mayo Joseph Keith McKinney Dickinson Wright PLLC* Matt Meyer Monica L. Mueller

Michael Steve Phillips

Anna M. Richardson McMahan, McKenzie & Winstead Louis Rieke Howard M. Romaine Howard M. Romaine, Attorney at Law Brittany S. Stevens Wayne Allen Sutter Natasha M. Walker Jeffrey Michael Williams North, Pursell, Ramos & Jameson, PLC * Belongs to a 100% Club firm

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

September Volunteers: Tom Lawless Joe Rusnak To volunteer your time, please contact Wendy Cozby, LRIS Coordinator at wendy.cozby@nashvillebar.org or 242-9272. Pro Bono credit does apply and dinner will be provided.

2011 NBA Premier Members INCLUDE: Gail Vaughn Ashworth Robert L. Ballow Kathryn E. Barnett Barbara Bennett Michael Weimar Binkley Charles W. Bone Robert E. Boston Jay S. Bowen C. Dewey Branstetter Jr. John E. Buffaloe Jr. Joseph P. Calandriello C. Mark Carver Jonathan Cole Dixie W. Cooper Patricia J. Cottrell John A. Day David Clyde Downard John Franklin Floyd John J. Griffin Jr. William L. Harbison Trey Harwell John Scott Hickman Barbara D. Holmes Paul T. Housch John D. Kitch Neil B. Krugman Thomas W. Lawless Richard Wesley Littlehale

John Charles McCauley Rob McKinney Robert J. Mendes Elizabeth Enoch Moore Patricia Head Moskal Michael I. Mossman Katharine Elizabeth Phillips Tracy A. Powell Mark Bradley Reagan Jason B. Rogers Edgar M. Rothschild III Jerry Scott Michael W. Sheridan Thomas J. Sherrard III Marietta M. Shipley Emily A. Shouse Stacey Koontz Skillman Ronald C. Small David Randolph Smith M. Clark Spoden Irwin Bruce Venick Howard H. Vogel Karl D. Warden James L. Weatherly Jr. Peter Weiss Larry R. Williams Stephen G. Young

NBA Premier Membership is a special category that recognizes our members who desire to demonstrate the utmost in commitment and support to the NBA Programs & Services.

There will be a special section in the Nashville Bar Journal and on the NBA website (www.nashvillebar.org) that will run a continual list of NBA Premier Members.

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Classifieds

Office Space CLASS A OFFICE SPACE AVAILABLE: 18th Floor in Landmark Building Downtown, Remarkable Views, Reduced Parking Rates, Shared Conference, Reception Available, Furniture Available; Most Affordable Downtown Nashville Office Space Available Today; 4500, 2500 or entire 11,000 square feet available; Call Chris Hancock @ 615.574.3611 or email Chris@CumberlandCommercial.com Downtown Office condos for Lease or Sale. 500 to 2500 sq. feet. 501 Union Street, 5th floor. Near Legislative Plaza. Call Lynne at (615) 259-1550.

DOWNTOWN Law firm has office space to rent for two attorneys and assistants, if needed or option 2 attorney can sublease entire suit which will accommodate four to five attorneys and staff. Office is located in the Regions building downtown on the first floor with window view. Includes internet, all utilities, use of copy/fax/scanner, and postage machine. If interested, please e-mail rpnimmo@nimmolaw.com or contact Price Nimmo at 615-244-2244.

DOWNTOWN Prime, A++ office space with two conference rooms for lease in the 5th 3rd Bank Tower, Downtown Nashville. State of the art copier, scanner, fax, high speed internet access, digital phone system and receptionist all provided. Receptionist provided to answer your phone line and greet your clients. $1,750.00 per month. Contact: John Agee at (615)256-5661 or (615)218-7131.

Convenient Cool Springs Location; two private offices for rent $700 or $900/month each located at 370 Mallory Station Rd. Suite 521, Franklin, TN 37067. Both spaces include all utilities except phone, use of common break room and ample parking. Shared support services negotiable and ready for immediate occupancy.

position WANTED POSITION WANTED Semi-retired attorney desires to learn probate. Available full-time, part-time, or asneeded. Relates well with clients. Has extensive knowledge of Revocable Living Trusts, Beneficiary Trusts, Power of Attorney for Assets, Power of for Attorney for Medical Directive, Nomination of Conservator, Living Wills, and Insurance Preservation Trusts. Call (615) 399-6421.

HOW WILL YOU ADVISE YOUR NON-CITIZEN CRIMINAL CLIENT TO PLEAD? Padilla v. Ky. (U.S. Sup.Ct. 3/31/10) has a profound impact on your duties to your foreign clients. We advise on immigration consequences of crime and handle all immigration matters.

Mention this ad for an NBA member discount on the “Padilla plea memorandum” ($750). Immigration Law Offices of Sean Lewis 615-646-6002 www.MusicCityVisa.com

For Sale For sale: Turn-Key Estate Planning Practice.

I am retiring after nearly 40 years of legal practice and want to make sure my 2000+ loyal clients are well taken care of. As our population ages, now is a good time to improve your estate planning practice. Sale includes client list, complete data-base, software for producing documents and other client helps, hard copy files to support data base, estate planning newsletter for client mailings, and a week of personal training for those attorneys not that familiar with estate planning. Call 615-444-6629 and I’ll send you a detailed letter.

Advertise your Office Space in the Nashville Bar Journal

CC Office Space Available: Victorian Era home, (+/- 6,300 sq./ ft/) with majestic chandeliers and a grand staircase upon entry, has been renovated into offices. Limited spaces available. We are located on Second Avenue, South, with free parking for attorneys and clients. Call Mary or Stephen at Parker & Crofford (615) 244-2445.

green hills Established Green Hills law association has office and adjoining secretarial space available for immediate occupancy. Free parking, excellent on-line and hard-cover Tennessee library, conference rooms, receptionist, and voice mail available. Call 383-3332.

Midtown Midtown: 682 square feet with beautiful view of Centennial Park; $19.15 per square foot with annual increases; available as is or with build-out cost to be prorated over term of sublease; space is newly carpeted and newly painted, with small kitchen area; covered parking; available immediately.

Please call 615-321-5659.

Nashville Bar Journal Classifieds Online at www.nashvillebar.org 24

Nashville Bar Journal - October 2011

Do You Need a Mediator? Meet One of Ours.

Are you trying to find a mediator for your next case but can’t seem to figure out which professional is best? Let the NBA help! The NBA has a panel of professional attorney mediators who are Rule 31 listed in both civil and family disputes. Don’t lose valuable time guessing about your next mediator selection. The NBA panel provides information on mediators who are Bar members and their professional and legal backgrounds.

Are you an attorney mediator? Call NBA LRIS (615-242-9272) today to join the mediator panel.

Contact: Wendy Cozby, LRIS Coordinator (615) 242-9272 wendy.cozby@nashvillebar.org

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IPSCO Superior Service • Superior Solutions Insurance Planning & Service Company, Inc. • 2301 21st Avenue South • Nashville, TN 37212

Elder Law Practice of Timothy L. Takacs

My client’s problem isn’t paying for the care his Mom needs.

It’s finding it.

Long-term illness and disability raise tough questions for your clients. n n n n

How can we keep Mom in familiar surroundings for as long as possible?

How do we find the services she needs, including the right nursing home when the time comes?

What will we do if there are problems?

How do we get the best care for Mom, spend her money wisely, and honor her wishes to leave a legacy for her family?

The Elder Law Practice of Timothy L. Takacs has the answers. As Tennessee’s most respected elder law firm, we do more than just help the elderly qualify for public benefits. We empower families to make the right decisions during every step of the long-term care journey.

When your clients are facing long-term illness or disability, point them in the right direction.

Call the Elder Law Practice of Timothy L. Takacs.

Serving Middle Tennessee 201 Walton Ferry Road Hendersonville, TN 37075

Voice: (615) 824-2571 Fax: (615) 824-8772

Serving the Cumberland Plateau Region Voice: (931) 268-5761 Fax: (931) 268-1071 Toll-free: (866) 222-3127

Family Website: www.tn-elderlaw.com Professional Education Website: www.elderlaweducation.com

ELDER LAW PRACTICE OF TIMOTHY L. TAKACS