August 2024 DICTA

MISUNDERSTOOD METHODOLOGY: RAHIMI AND THE SECOND AMENDMENT

Upcoming CLE Guide

UNLOCK YOUR CALENDAR: EXCITING CLE PROGRAMS COMING IN AUGUST & SEPTEMBER

Probate and Estate Planning: Legislative Update and Other Interest Items

Tuesday, August 6, 12-1 p.m. | Webinar via Zoom

Albert Secor, Thomas & Thomas

Sponsored by TCV Trust & Wealth Management | tcvwealth.com

Approved for 1 hr. of General CLE

Dealing with Beavers--How to Break a Logjam in Mediation

Tuesday, August 13, 12-1 p.m.

City Country Building, Small Assembly Room

Hon. Thomas J. Wright, Collins Shipley, PLLC

Presented by KBA ADR Section

Approved for 1 hr. General CLE & 1 hr. of General CME

Mobile Attorneys (and the tech and vendors that enable them)

Thursday, August 15, 12-1 p.m. | Webinar via Zoom

Sean Martin, Esq.,Time Miner, LLC (practicing lawyer in Nashville)

Sponsored by Time Miner, LLC | timeminer.com

Approved for 1 hr. Dual CLE

Register for any of these programs by visiting knoxbar.org/CLE or by scanning the QR Code below

News You Can Use-Workers’ Compensation Case Law, Statute, and Attorney’s Fee Update

Tuesday, September 17, 12-1 p.m. | Webinar via Zoom

Hon. Lisa A. Lowe, Court of Workers’ Compensation Claims, and Hon. Meredith B. Weaver, Workers’ Compensation Appeals Board

Presented by the KBA Employment Law Section

Approved for 1 hr. General CLE

Legislative Breakfast & CLE

Wednesday, September 18, 8-9 a.m. | City Country Building, Small Assembly Room

Presented by KBA Legislative Committee

Approved for 30 minutes General CLE

All members of the Knox County-based legislative delegation have been invited to attend this breakfast put on by the KBA Legislative Committee. The first 30 minutes will be a meet-and-greet with the delegation, followed by a half-hour CLE program focusing on recent legislative highlights and a forecast of things to come. Breakfast and CLE Credit are included in the registration fee.

Confirmed Attendees to Date: Sen. Richard Briggs, Rep. Michele Carringer, Sen. Becky Duncan Massey, Rep. Sam McKenzie, Lieutenant Governor Randy McNally

watch 100+ CLE programs in the On Demand Catalog at a discounted rate! Visit knoxbar.org/ondemand

Officers of the Knoxville Bar Association

KBA Board of Governors

Melissa B. Carrasco

Joan M. Heminway

Ian P. Hennessey

William A. Mynatt, Jr.

T. Mitchell Panter

M. Samantha Parris

Courtney Epps Read

Vanessa Samano

Charles S.J. Sharrett

The Knoxville Bar Association Staff

Volume 52, Issue 7

Dicta

DICTA is published monthly (except July) by the Knoxville Bar Association. It is designed to offer information of value to members of the local bar association. The news and features should illustrate the issues affecting the bar and its members. The opinions expressed do not necessarily represent those of the Knoxville Bar Association.

All articles submitted for publication in DICTA must be submitted in writing and in electronic format (via e-mail attachment). Exceptions to this policy must be cleared by KBA Executive Director Tasha Blakney (522-6522).

James T. Snodgrass

James R. Stovall

Alicia J. Teubert Hon. Zachary R. Walden

Dicta is the official publication of the Knoxville Bar Association

Publications Committee

Executive Editor Cathy Shuck

Executive Editor Sarah Booher

Executive Editor Melissa B. Carrasco

Executive Editor Wade H. Boswell, II

Brandon Allen

Anita D’Souza

Elizabeth B. Ford

Jennifer Franklyn

Joseph G. Jarret

F. Regina Koho

Matthew R. Lyon

Summer McMillan

Angelia Morie Nystrom

Katheryn Murray Ogle

Laura Reagan

Ann C. Short

Eddy Smith

Grant Williamson

Managing Editor Tasha C. Blakney

KBA Executive Director

Don’t

Land Conservation in a Time of

Schooled in Ethics Tennessee’s Take on a Texas Dilemma

Management Counsel Assessing Privilege in Outside Counsel Investigations

The Knoxville Bar Foundation: Good Folks Doing Good Things

Service Why LRIS? Why Not! The KBA’s Best Kept Secret

Of Local Lore & Lawyers You Got Mail! The Amazing Life of “Stagecoach” Mary Fields

What I Learned

Tasha C. Blakney Executive Director

LRIS Assistant

Tammy Sharpe Director of CLE & Section Programming

Jonathan Guess Membership Coordinator Bridgette Fly Programs & Communications Coordinator

Section Notices

There is no additional charge for membership in any section, but in order to participate, your membership in the KBA must be current. To have your name added to the section list, please contact the KBA office at 865-522-6522 or send an email to membership@knoxbar.org.

Alternative Dispute Resolution Section

The ADR Section plans regular CLE throughout the year. Join the ADR Section for the “Dealing with Beavers--How to Break a Logjam in Mediation” CLE program scheduled for August 13. If you have a CLE program topic or speaker suggestions, please contact the ADR Section Chairs Joe Jarret (566-5393) or Betsy Meadows (540-8777).

Bankruptcy Law Section

The Bankruptcy Section plans CLE programs and helps coordinate volunteers for the Pro Bono Debt Relief Clinics. The next Pro Bono Debt Relief Clinic will be held on August 17, and volunteer registration is available at www.knoxbar.org. Save the date for the “The Intersection (and Sometimes Collision) of the Bankruptcy Code and Domestic Relations Law” Bankruptcy Section CLE program scheduled for October 23. If you have a CLE program topic or speaker suggestions, please contact the Bankruptcy Section Chairs Greg Logue (215-1000), Kevin Newton (588-5111) or Shanna Fuller Veach (545-4284).

Corporate Counsel

The Corporate Counsel Section provides attorneys employed by a corporation or who limit their practice to direct representation of corporations with an opportunity to meet regularly and exchange ideas on issues of common concern. Save the date for the “Annual Corporate Counsel Update” extended CLE on August 20. If you would like to know how you can get involved or have suggestions for CLE topics, please contact Section Chairs David Headrick (363-9181) or Marcia Kilby (362-1391).

Criminal Justice

The KBA Criminal Justice Section represents all attorneys and judges who participate in the criminal justice system in Knox County. If you have suggestions for CLE topics, please contact Section Chairs Joshua Hedrick (524-8106) or Sarah Keith (457-5640).

Employment Law

The Employment Law Section is intended for management and plaintiffs’ counsel, in addition to inhouse and government attorneys. Save the date for the “News You Can Use-Workers’ Compensation Case Law, Statute, and Attorney’s Fee Update” CLE webinar program scheduled for September 17. If you have a program topic or speaker suggestions, please contact the Employment Law Section Chairs Howard Jackson (546-1000) or Tim Roberto (691-2777).

Environmental Law

The Environmental Law Section provides a forum for lawyers from a variety of backgrounds, including government, corporate in-house, and private firm counsel. If you have suggestions for CLE topics, please contact Section Chairs Catherine Anglin (804-3741), Kendra Mansur (771-7192), or Jimmy Wright (637-3531).

Family Law Section

The Family Law Section has speakers on family law topics or provides the opportunity to discuss issues relevant to family law practice. If you are interested in getting involved or have suggestions for CLE topics, contact Section Chairs Blair Kennedy (539-3515) or Laura Wyrick (297-5511).

Government & Public Service Lawyers Section

The Government & Public Service Lawyers Section is open to all lawyers employed by any governmental entity, state, federal, or local, including judicial clerks and attorneys with legal service agencies. If you are interested in getting involved or have suggestions for CLE topics, contact Section Chairs Ron Mills (215-2050) or Mitchell Panter (545-4167).

Juvenile Court & Child Justice Section

The Juvenile Court & Child Justice Section has speakers on juvenile law topics or provides the opportunity to discuss issues relevant to juvenile law practice. If you have suggestions for CLE topics, please contact Section Chairs Justin Pruitt (215-6440) or Mike Stanuszek (766-4170).

New Lawyers Section

The New Lawyers Section is for attorneys within their first three years of practice, and any KBA member licensed since 2022 will automatically be opted-in to the section. If you like to get involved in planning section activities, please contact Section Chairs Dalton Howard (546-0500) or Mari Jasa (546-7770).

Senior Section

The Senior Section schedules a luncheon with a guest speaker every quarter. If you have suggestions for luncheon speakers, please contact Chair Wayne Kline at (292-2307) or Sam Rutherford (659-3833).

Solo Practitioner & Small Firm Section

The goal of the Solo Practitioner & Small Firm Section is to provide and encourage networking opportunities and offer high quality CLE programs featuring topics that will help solo/small firm attorneys enhance and improve their practices and assist them with law office management challenges. If you have a program topic or speaker suggestions, please contact Section Chairs Tim Grandchamp (392-5936), Brittany Dykes (214-7869) or Stan Young (209-8034).

PRESIDENT’S MESSAGE

By: Carlos A. Yunsan University of Tennessee College of Law

A VILLAGE WORLDVIEW

I’ve missed you! The arrival of the summer months typically ushers in a time of long-awaited travel, looked-for family gatherings, and (hopefully) some well-deserved relaxation. And with no DICTA issue in July, we all had a two-month break from this monthly president’s message. Truth be told, though, I have missed having the opportunity to connect with you via this medium.

As attorneys, we anticipate and prepare to tackle just about any challenge that an opponent, or even a court, may put before us during litigation.1 We carefully and timely conduct due diligence so that our clients can make informed decisions during a transaction.2 In short, we are in the business of risk mitigation, of being in “control” of the situation. And yet, we did not get to or remain at this place on our own. We all need a village.

This year’s Independence Day celebration gave me a needed opportunity to reflect on the 30 years I have lived, studied, and worked in East Tennessee since I first arrived at Maryville College to learn English. Those early days really showed me what I believe is the true essence of our community. Complete strangers helped this then-16-year-old to open his first bank account and to learn to operate a washing machine. They introduced me to Boomsday3 and invited me to my very first Thanksgiving Day dinner. They took me out for biscuits and gravy and fried okra at Cracker Barrel and to the now-defunct Great American

& Buffet Company.

This welcoming and engaging pattern continued as I made my way to UT Knoxville. I will never forget (now retired) Professor Betsy Haughton in the Department of Nutrition who taught me in her own stern and gentle way the life-changing lesson that my “lack of discipline d[id] not constitute an emergency on [her] part.” And yet she made sure that—despite my procrastination—I was able to submit a competitive and, ultimately, successful application to a dual-master’s program.

I could go on and on and on about the co-workers who shared their experience and tips so that I could succeed as I traveled through each of the 15 counties surrounding Knoxville as a young public health professional; or the neighbors who taught this native of a concrete jungle how to use a lawn mower and string trimmer; or the dozens of friends who came together to help plan a wedding for a couple of 24-year-olds whose parents and families abroad were unable to assist. There are just so many kind, generous, and selfless folks who have added their part to my journey.

And so it has been as an attorney. Beginning with then-3L Will Perry,4 who took the time to personally encourage me to attend law school during Admitted Student Day, and continuing with professors who had a vision for the attorney I could become (shout out to 2022

KBA President and my first semester legal writing professor, Jason H. Long!), the number of those holding me up multiplied. By the time I began practicing law, the table was set for me to seek and receive help and guidance from seasoned attorneys like (now retired) John McArthur, Melanie Davis, and David Black on discovery, depositions, and appeals. Not to sound repetitive, but the story repeated itself while I was serving as a clerk for the Tennessee appellate courts. Rodd Barckhoff (then serving as staff attorney for the Tennessee Supreme Court) offered precious feedback on bolstering arguments and writing dissents. Justice Sharon Lee (ret.), and Court of Appeals Judge Kristi Davis offered both great insight into the considerations for drafting a precedentsetting opinion and great encouragement for my personal and professional development. And I would be remiss if I did not mention legal assistants and staff at the Clerk’s Office, all of whom by their guidance and support taught me how to get more than a few things done! I bet you can share a similar village story.

The KBA holds its own in this worldview. Its stated mission is “to identify and support the needs of a diverse membership and foster an environment in which members experience a sense of fulfillment and satisfaction in the practice of law.” Staff and volunteer leaders work week in and week out devising and planning initiatives where we can connect with one another and where we can both extend and receive the support we need as attorneys. I’m so thankful for all who make this a special place. On that note, please take advantage of the unique opportunity to connect with colleagues, the local judiciary, and members of the Tennessee Supreme Court at our annual Bench & Bar Celebration in early September.

Long story short, at every step, someone (likely more than one!) has—in the true Volunteer spirit—stepped up to guide you, believed in you, filled in the gaps for you, and supported you when you needed it the most. Their efforts, big and small, have made their mark on who we are and where we are today. That said, let’s not miss an opportunity to express our gratitude. Moreover, let’s honor their kindness by imitating them. Whose village will you be today?

1 “A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.” Tenn. Sup. Ct. R. 8, RPC 1.1.

2 “A lawyer shall act with reasonable diligence and promptness in representing a client.” Tenn. Sup. Ct. R. 8, RPC 1.3.

3 For those of you who did not have the chance to enjoy it, Boomsday was “the largest Labor Day firework show in the United States.” Wikipedia, Boomsday https://en.wikipedia.org/wiki/Boomsday#cite_note-boomsday08-1 (last visited July 9, 2024). Boomsday was last held in 2015. Id.

4 Gadson William (Will) Perry is an attorney with the Memphis Office of Butler Snow. He formerly served as Chancellor on the Shelby County Chancery Court.

Steak

AROUND THE BAR

By: Heidi A. Barcus Lewis Thomason, PC

THE KNOXVILLE BAR FOUNDATION: GOOD FOLKS DOING GOOD THINGS

The Knoxville Bar Foundation is a membership organization of select East Tennessee attorneys and judges who are committed to giving back to the profession and supporting legal services in the community. The goal of the Foundation is to support projects that seek to improve the administration of justice, to enhance the public’s understanding of and confidence in the legal system, to support access to the legal system, and to serve the legal profession.

Since 1997, the Foundation has awarded grants totaling nearly $600,000. Recently, the Knoxville Bar Foundation announced its Class of 2024 Fellows and its latest grant recipients.

Joining the ranks as the newest Fellows of the Knoxville Bar Foundation are:

Joshua J. Bond

Donald J. Farinato

Bryce E. Fitzgerald

Janet S. Hayes

Joan M. Heminway

Benjamin W. Jones

B. Chase Kibler

James S. MacDonald

Brandon L. Morrow

Robert P. Noell

The 2024 Knoxville Bar Foundation grant recipients were the following:

• CASA of East Tennessee--to expand advocacy services for abused and neglected children in Knox County Juvenile Court

• Knox County Juvenile Court—in support of the ASIST program for juvenile status offenders

• Knoxville Bar Association Barristers Diversity Committee —to provide scholarship funds for diverse students to attend preview days hosted by local law schools

• Knoxville Bar Association Barristers Mock Trial Committee—to support the annual high school mock trial competition, one of the largest undertakings of the Barristers each year, and one which directly impacts the public’s knowledge and understanding of the legal system

• Legal Aid of East Tennessee--to continue funding the Knoxville Bar Foundation Fellowship, so that a law student may have an opportunity to hold a public-interest law clerkship and thereby provide support to Legal Aid’s Pro Bono Project

• SEEED Inc.--to administer the Career Readiness Program and positively expose students to the justice system

• Tennessee Innocence Project--to help fund law student interns and externs as they undertake efforts to promote justice by exonerating those who have been wrongly convicted

• YWCA of Knoxville--in support of its Victim Advocacy Program, which provides hands-on support to victims of domestic violence Congratulations to these outstanding individuals and to these worthwhile organizations.

CALL, DON’T CLICK

If your email address is one of the 3,000 or so that received a “spammy” ShareFile email from me or a few other firms a few weeks ago, you are likely aware that my email (and the emails of some other local firms) was hacked by awful, lowlife, cowardly, pathetic, pieces of…well, you get the idea.

For me, the whole ordeal was traumatic. Once the “hack” was in play – which was an email from “me,” from my email address, with my signature line, with my “voice” in the email – I got six types of responses from my contacts, in no particular order:

1. A reply email stating, “Rachel, this looks like spam. Can you confirm you sent this?”

2. A text message directly to my cell phone, “Just got an email from you. Did you send? Sent it in a way you don’t normally send stuff.”

3. A phone call, “Hey, Rachel. Just got an email from you. You don’t even know how to use ShareFile so I am thinking this is not you, but wanted to confirm before I opened it.”

4. In a reply email, “Rachel, I have tried to open this document several times. Nothing is working. Can you please resend?”

5. In a new email, “Rachel. I think you have been hacked. You need to alert your IT.”

6. In a new email, “Rachel, stop sending me scandalous, inappropriate documents. I don’t have time for this nonsense.” (These jokers were kidding, of course…I hope.)

These responses prompted this article and the practice tip for this month. First, some backstory. I received an email from sender “X.” I was expecting documents from sender “X.” And, even though I was expecting the documents, I replied to another email from sender “X,” asking if the email just sent was legit. Because it did look a little odd. But, I had never received documents from sender “X” before. I didn’t know if sender “X” was super fancy in sending encrypted documents via ShareFile versus something simple like PDF. It seemed like overkill to send the documents this way; but, I was rolling with it.

Sender “X,” after an appropriate amount of time, responded by email from her address, with her signature line, with her “voice,” and confirmed that she did send the ShareFile. Sender “X” then walked me through how to open the documents when I had difficulty. Everything seemed legit. Well, I tried to open them without success, and then I tried again. Finally, I just said to sender “X,” “Don’t worry about it. I will just get the documents when we meet.”

Of course, I now know that sender “X” was actually an awful, lowlife, cowardly, pathetic, piece of . . . who had hacked into the email of sender “X,” had hung out in her email, read her emails, picked up on emails where I was expecting documents, and then capitalized on those communications.

Now, here are the really crazy things: When I spoke with sender “X,” after the hack was discovered, about our emails and her confirming

PRACTICE TIPS

By: Rachel Park Hurt Arnett | Baker

that she sent the ShareFile, she had no idea what I was talking about and could not find any of our email exchanges in her email account. She had no idea. Again, everything from sender “X” seemed legit, and I even sent a separate, verified email to sender “X” that I know actually came from sender “X,” and it was responded to timely and in her “voice.”

If you have made it this far, you might be asking yourself, “What is the practice tip here?” The simple answer is: be vigilant. Know your Tennessee Board of Professional Responsibility requirements with regard to cyber security/technology, and ensure you/ your firm have the appropriate policies and insurance in place. Truly, I am so thankful that we had all the right boxes checked at my firm.

These awful, lowlife, cowardly, pathetic, pieces of. . .hackers are getting smarter and more deceptive. No longer are you receiving emails from a third-world prince who has determined that you are a distant relative entitled to “$10 million if you just send $250.00 to pay for the shipping of the large suitcase of money that you are about to receive.” Today’s email threats can look, smell, and feel real. And, confirming them is not always as easy as sending a confirming email. . . as I did.

It seems the more technology is advancing to make life easier, the more there is needing to be done to protect against its improper use by others. After this experience, I did an internet search for the “best ways to send documents electronically to ensure they are secure.” Google’s first result:

Five Ways to Email Documents Safely:

• Use an Encrypted Email Service

• Encrypt Your Email

• Encrypt Email Attachments

• Password Protect the File

• Use an Online Fax Service1

Of course, as these are the safest ways to send emails, they are also the safest ways to receive emails. Make sure you understand how to send and receive emails that are encrypted. Know how to password protect emails and open emails that are password protected. Make sure the password is sent in a separate email. Make sure your partners, associates, staff, and anyone else at the firm know this as well. And, even after all of this, when in doubt, call, don’t click. Vigilance (with a little paranoia) is paramount!

And, if a situation still occurs, have a plan in place that includes notifying all potential email recipients of the issue and advising them not to open any documents from you, contacting your IT department/ contracted service immediately, and filing a cyber insurance claim as quickly as possible. These steps will, hopefully, ensure quick resolution and less stress.

1 It is not lost on me the irony that the fifth best way to send an electronic document, according to the internet, is through fax. Wasn’t email supposed to make facsimiles obsolete?

By: Cliff B. Robins General Counsel Foothills Land Conservancy

LAND CONSERVATION IN A TIME OF GROWTH AND DEVELOPMENT THROUGHOUT EAST TENNESSEE

In my Tennessee mountain home

Life is as peaceful as a baby’s sigh

In my Tennessee mountain home

Crickets sing in the fields near by

From “My Tennessee Mountain Home”

by Dolly Parton

East Tennessee is experiencing one of the most significant population increases in recent memory. Since 2020, the Knoxville Metropolitan Area has grown to an estimated population of 946,264 for a total of 40,368 new residents.1 The Boyd Center for Business and Economic Research projects this trend to continue for the foreseeable future with those same East Tennessee counties reaching a population of 966,636 by 2030.2 It seems many are finally catching on about how great East Tennessee is (and maybe, that there isn’t a state income tax).

With this population growth comes a demand for new housing, additional commercial space, and an overall increase in the local economy. In 2023 Knox County alone saw a 30.1% increase in new residential construction building permits per year, when compared to the number issued in 2019 (from 3,994 to 5,197) Similarly, there was an increase from 461 to 816 acres rezoned per year (77% increase), and in 2023, nearly 100 new commercial buildings were permitted with over $1 billion spent on new residential construction.3 In turn, this has created a significant amount of projected new property tax revenue for Knox County.4 All of this development, growth, and revenue are great for East Tennessee communities and their economies, but it also puts pressure on undeveloped land.

Because of this, many people across East Tennessee might consider ways to protect East Tennessee’s natural scenery and landscapes that provide the foundation for their communities. There is a reason that East Tennessee is home to the most visited national park in the United States with more than 13 million visitors in 2023,5 and that, in part, is because its communities are made up of beautiful places: from the Appalachian Mountains, to the Tennessee River and its streams and lakes, to the farms all across East Tennessee communities. As this growth and development gets further away from city centers, one alternative to the development of property is a conservation easement.

In its most basic form, a conservation easement is an agreement between a landowner and a “qualified” non-profit where the landowner continues to maintain ownership of the property but agrees to give up certain development rights in perpetuity. That means that the landowner’s property will stay in its current natural, agricultural, and certain other conditions (as agreed between the landowner and the non-profit) forever. The non-profit is given certain rights pertaining to the property permitting the non-profit to monitor the property on occasion to ensure the property is maintained in compliance with the agreed terms of the conservation easement. The landowner retains ownership and is free to sell or gift the property, although when the property is conveyed, it remains subject to the terms of the conservation easement. Thus, subsequent owners are required to abide by the terms of the conservation easement.6

Landowners do give up certain rights when they establish a conservation easement on their property, but, as an added benefit, landowners may be able to receive certain federal or state tax reductions, provided all of the requirements and conditions are satisfied.7 A knowledgeable tax attorney should be consulted for this purpose, but to give the readers a general idea of what may be involved, the Internal Revenue Service (IRS) has identified certain “conservation purposes” the property must have in order to qualify:

(i) the preservation of land areas for outdoor recreation by, or the education of, the general public,

(ii) the protection of a relatively natural habitat of fish, wildlife, or plants, or similar ecosystem,

(iii) the preservation of open space (including farmland and forest land) where such preservation is—for the scenic enjoyment of the general public, or pursuant to a clearly delineated Federal, State, or local governmental conservation policy, and will yield a significant public benefit, or

(iv) the preservation of an historically important land area or a certified historic structure.8 These conservation purposes are also similar to Tennessee’s statutory requirements for conservation easements.9

In establishing the property’s conservation purposes and ecological status, a biologist must complete an on-site evaluation. The biologist then compiles the collected information into a Baseline Documentation Report (BDR), which specifically annotates the relevant conservation values and other ecological information about the property including threatened and endangered species present or nearby, the various ecosystems on the property, other protected land nearby (federal, state, and private), relevant government conservation policies affecting the property, the expansion of on-going development in the area, and whether the property qualifies as a viewshed. From there the non-profit and landowner work with attorneys to draft the conservation easement documenting the property’s conservation values and conservation purposes of the easement, negotiate other terms of the conservation easement, and ultimately record the conservation easement at the county register of deeds.

As East Tennessee communities continue to grow and develop, conservation easements offer East Tennessee landowners an opportunity to preserve the natural, agricultural and scenic beauty of their property. And, they also give those same landowners an opportunity to seek the above-mentioned financial benefits.

1 Population Estimates, Tennessee Data Center,https://www.arcgis.com/apps/ dashboards/d622b530106f4c68949bc5ee7613f8a4 (last visited May 30, 2024).

2 2020 to 2070 Tennessee Population Projections, Tennessee Data Center, https:// experience.arcgis.com/experience/511cc776d42545afb2d3684ff90c2e8e (last visited June 25, 2024)

3 2023 Development Activity Report, Planning Knoxville/Knox County, pp. 4, 6, https://archive.knoxplanning.org/locldata/devactrep/2023%20Development%20 Activity%20Report.pdf (last visited June 5, 2024).

continued on page 15

The KBA has operated a Lawyer Referral and Information Service (“LRIS”) for its members and the public for well over 60 years. Nearly thirty years ago, KBA leadership created the current LRIS, based on the ABA Model Rules Governing Lawyer Referral & Information Service. Currently there are 220 referral services listed in the ABA directory covering 100 cities in 46 states.

Since its early days, LRIS has positively impacted the income of the KBA, and in the fiscal year ending on June 30, 2024, LRIS had over $211,000 in receipts. But it’s not just a win for the LRIS. It’s a real win for our members. In fact, if you want to do a little math with me, that means LRIS panel attorneys generated fee income totaling $1.4 million dollars!

There are two things every KBA member should know:

1. LRIS is not pro bono. Let me say that louder for those in the back: LRIS IS NOT PRO BONO! Yes, LRIS panel members do make money from LRIS-referred cases. (How much? See above!)

2. If you can’t help a caller AND they have a legitimate legal need, give them the LRIS number: (865) 522-7501. When

MEMBER SERVICE

By: Tracy Chain LRIS Administrator Knoxville Bar Association

you do this, you are helping another member of the KBA build their practice AND you are helping the KBA support its member programs.

BONUS FACTOID: If you want to build your practice for the lowest possible price, join LRIS! As of this writing, we have 44 active members of the LRIS, but we can always use more. (Though I think some current members would rather you not know their well-kept secret!)

EXTRA BONUS FACTOIDS: When you join LRIS, you receive more than just referrals. You receive screened referrals. We referred only 40% of our callers in the last fiscal year. Our staff goes the extra mile to support and communicate with you and your staff, and to make thoughtful referrals of potential clients. We talk to prospective clients about appropriate expectations from the consultation and representation. Many people we speak to have never had to hire an attorney. Many more don’t need one or can’t afford one, and we provide appropriate information or agency referrals as appropriate.

Have questions? Great! Visit www.knoxbar.org/joinLRIS , give me a call at (865) 862-8051, or email me at tchain@knoxbar.org. I’d love for you to be part of the SECRET.

Vol Mediation Services

Michael J. Stanuszek, Esq. is a Tennessee Supreme Court Rule 31 listed mediator in both general civil and family law. He has been designated by the Tennessee Supreme Court as Specially Trained in Domestic Violence Issues. In addition, he has 20 years of experience litigating personal injury and domestic relations cases in East Tennessee.

Also, as

WHY DID THE LAWYER CROSS THE ROAD

By: Joe Jarret, J.D., Ph.D. Attorney, University of Tennessee

YOU GOT MAIL! THE AMAZING LIFE OF “STAGECOACH” MARY FIELDS

Introduction:

Edmund Francis O’Dunne was an American politician and jurist who served as chief justice of the Supreme Court of Arizona Territory. During his early career, he served in the California State Legislature and as a member of the Nevada Constitutional Convention. His later life was spent building the town of San Antonio, Florida. His most important accomplishment, however, was recognizing that the emancipated slave he encountered in 1865 working as a chambermaid aboard the Mississippi River steamboat Robert E. Lee was destined for far greater things. Her name was Mary Fields, and she would one day go down in history as the first African-American woman to be employed as a Star Route1 postwoman in the United States.

A Legend is Born:

Mary Fields was born into slavery in Hickman County, Tennessee, in 1832. After the American Civil War ended in 1865, she was emancipated and found work as a chambermaid on board the Robert E. Lee. There, she encountered Judge Edmund Dunne, who, while engaging her in conversation, found her to be bright, hardworking, and possessing a tenacity born of adversity. Judge Dunne asked Mary to consider managing his household. She accepted, and ultimately took to the various tasks and chores associated with the organization, financial management, and day-to-day operations of the household with a vengeance. After Dunne’s wife unexpectedly died, he asked Mary if she would be willing to take the couple’s five children and move to Toledo, Ohio, to live with Dunne’s sister, Mother Mary Amadeusa, the Mother Superior of the Ursuline2 order of nuns.

Go West Adventurous Woman:

Fields and the convent’s male janitor pointed guns at one another during an argument, it was the final straw. Mary was kicked out of the convent. On her own once again, she set about living a life that was shocking by 19th-century standards. She took in laundry and did odd jobs, started businesses, and became known for liking hard liquor and gunfights. 3

Mary’s tough reputation ended up paying off. In 1895, she got a contract from the postal service to become a Star Route carrier—an independent contractor who carried mail using a stagecoach donated by Mother Amadeus. It suited Fields to a tee. As a star carrier, her job was to protect the mail on her route from thieves and bandits and to deliver mail. She was only the second woman in the United States (and the first African American woman) to serve in that role. She soon became a legend, both for her courage and formidable work ethic, ultimately earning the moniker “Stagecoach Mary.” True to her fearless demeanor, she carried multiple firearms, most notably a Winchester rifle and a .38 caliber Smith & Wesson pistol under her apron to protect herself and the mail from wolves, thieves, and bandits, while driving the route with horses and a mule named Moses. She never missed a delivery.4

Later Years:

No sooner did Mary Fields arrive in Ohio that Mother Mary was reassigned to the Montana Territory to establish a school for Native American girls at St. Peter’s Mission, west of Cascade. Mary and the children accompanied her. Turning the children over to a trusted family friend who lived at the convent, Mary took on multiple roles regarded as “men’s work” at the time, such as building maintenance and repairs, fetching supplies, gardening, hauling freight, growing vegetables, tending livestock, and repairing fences, ultimately becoming the forewoman.

You Got Mail!

The Wild West suited Fields. However, “Wild Mary” didn’t suit many of the religious order amongst whom she lived and worked in the harsh, sparsely populated community. News of her “subversive behavior” reached the bishop, who raised serious concerns about Fields’ habits of drinking, smoking, shooting guns, and wearing men’s clothing. When

For eight years, Fields protected and delivered the mail. Eventually age caught up with her, and she retired. The community rallied to support her, despite occasional rows with some of her less tolerant neighbors. Local restaurateurs gave her free meals; saloon regulars chatted with her until bars became forbidden to a woman due to a town ordinance. When she died on December 5, 1914, her funeral was one of the largest the town had ever seen. In 1959, actor and Montana native Gary Cooper wrote an article for Ebony5 about Mary, which read in part, “Born a slave somewhere in Tennessee, Mary lived to become one of the freest souls ever to draw a breath, or a .38. She was, indeed, a woman ahead of her time!”

1 In 1845, Congress established a new mail service calling for contractors to carry the mail with “celerity, certainty, and security.” Weary of repeatedly writing these words in ledgers, postal clerks substituted three asterisks— * * * —and the phrase “Star Route” was born.

2 The Ursulines are an order of nuns in the Catholic church dedicated to the education of women, social justice, and community service. They were established in 1535 by St. Angela Merici as a group dedicated solely to educating women on a Christian basis.

3 McConnell, Miantae Metcalf. “Mary Fields’s Road to Freedom.” In Black Cowboys in the American West: On the Range, on the Stage, and Behind the Badge, Eds. Bruce A. Glasrud and Michael N. Searles. Norman, OK: University of Oklahoma, 2016.

4 Id.

5 Ebony magazine was founded in 1945 by John H. Johnson, for his Johnson Publishing Company. He sought to address African-American issues, personalities, and interests in a positive and self-affirming manner.

By: Mari Jasa Assistant Public Defender Knox County Public Defender Community Law Office

FROM ALBANIA TO EAST APPALACHIA: NAVIGATING LAW, DIVERSITY, AND INCLUSION

The immigrant experience in America is often marked by unique and multifaceted obstacles, particularly within the legal field. These challenges are not just theoretical but real, lived experiences that shape the way we immigrants navigate our environment.

My journey from Albania to the United States has highlighted how an inclusive legal system ensures all voices are heard and respected, creating an environment where everyone feels valued and empowered. This journey emphasized for me the critical importance of legal frameworks that embrace diversity and uphold the rights of every individual, regardless of background or origin.

Drawing from my experiences, here are five common challenges that immigrants often struggle with in America, which in turn can complicate navigating the legal system. These challenges not only shape our legal experiences but also impact our ability to access justice on equal terms.

1. Language Barriers: Limited proficiency in English can make navigating legal processes feel like deciphering ancient hieroglyphs. Imagine trying to explain your case to an attorney when you can’t even order a coffee at McDonald’s. It’s not just about knowing the words; it’s about understanding the legal jargon that could leave anyone scratching their head.

2. Cultural Differences: Adapting to a new culture while preserving one’s own is like juggling flaming swords—tricky and kind of terrifying. Picture an Eastern European immigrant trying to fit in at a Southern barbecue, not realizing that asking for no bacon options might cause a minor scandal.

3. Economic Hardships: Many immigrants face financial difficulties, often working low-paying jobs while trying to support their families. Imagine a brilliant 70-year-old engineer from abroad now working as a janitor, struggling to make ends meet while his expertise and skills go unrecognized, underutilized, and overshadowed by xenophobic stereotypes.

4. Legal Complexities: The immigration system is like a labyrinth designed by a particularly mean minotaur. It’s complex, intimidating, and full of disappointing surprises. One wrong turn, such as incorrectly filling out a form, could lead to deportation. Or, receiving flawed legal advice could result in a separation from one’s mother for over 12 years. Navigating this maze requires not only legal expertise but also empathy and a deep understanding of the human stakes involved.

5. Social Isolation: Immigrants often feel like the new kid at school, but without a cool lunchbox to break the ice. Picture someone trying to

join a conversation about the latest football game, only to realize they’re talking about a different kind of football. The lack of community support and understanding can make even the most outgoing person feel like they’re on a deserted island. Personally, it was difficult to care about the latest Britney Spears scandal when the prospect of deportation loomed over me daily.

Diversity and inclusion in the legal profession are not just beneficial — they are essential for promoting equity and fairness. By understanding the struggles immigrants face and taking steps to support them, we can build a more equitable legal system where everyone’s rights are protected and respected.

Working Together For The Best Result

Since 1993, our focus has been on preserving our clients’ financial assets, managing growth, and efficiently transferring wealth from one generation to another.

We work closely with attorneys to ensure the coordination of our clients’ personal and financial goals.

THE OATH

By: Melissa B. Carrasco Carrasco Trump, PLLC

I DID

“I have just seen Sir John McNeill & Colonel Tulloch’s correct, cool, dispassionate report. England has never realized the six thousand graves at Scutari, the many, many more in the Crimea. But, I have seen the men come down through that long, long dreadful winter (we received four thousand in seventeen days) without other covering than a dirt blanket & a pair of old Regimental trousers. . . . [B]ut Sir John McNeil & Colonel Tulloch did not see these things. I did, & nobody I believe who has not to this day realizes them.”1

It was the middle of the Crimean War. A British journalist had published an article about conditions in the camp after a hurricane decimated the majority of the supply ships:2 “Sheltered only in tents, many of which were rotten, and fed chiefly on salt meat and hard biscuit, without forage for the horses, or sufficient covering for themselves, the army suffered terribly from cholera, fever, and scurvy.”3 The good people of England could not believe what they read, and so the House of Commons sent McNeill and Tullock to the Crimean Peninsula, now part of modern day Ukraine,4 to investigate the living conditions of British military forces.5

Both were quite distinguished. Sir John McNeill was a surgeon. By age 19, he earned his M.D. from the University of Edinburgh and spent his early career with the East India Company and as a British diplomat, traveling throughout Southeast Asia, India, and Persia, now modern Iran.6 Colonel Sir Alexander Tulloch started out as a lawyer, then became a career army officer, rising through the ranks to become Great Britain’s Commandant of military pensioners.7

They spent 55 days investigating the conditions in Crimea, and then they wrote their own report. McNeill and Tullock confirmed that there was a shortage of supplies and that the supply chain itself was broken.8 Their report also named the people responsible–the Earl of Lucan and the Earl of Cardigan, commanders of the regiment and the cavalry; Lord Cardigan, inspector of the cavalry; and Sir Richard Airey, QuartermasterGeneral. That put the Prime Minister in an awkward position because the Army reported to the Crown.9 McNeill and Tullock’s report caused much “acrimonious dispute.”10 So, the politicians did what they often do. They convened a commission to examine the report, called McNeill and Tullock in to testify, spent weeks in debate, and finally took action: they paid McNeill and Tullock £1,000.00 and gave them titles of nobility.11

But McNeill and Tullock were not the only ones who visited the British military forces in Crimea. In fact, someone had been there for over a year. She arrived on the front lines after receiving a letter from Secretary of War Sidney Herbert asking her to take a group of nurses to provide medical care to the sick and wounded soldiers.12 On October 21, 1854, she led a group of 38 women from London to brave the bitter winter in Crimea—14 nurses to care for the body and 24 nuns to care for the soul.13

The Hospital itself was more like a prison. . . .The central yard was a sea of refuse floating in mud, with rats everywhere. . . .There were not even tables for performing operations, and nothing to cook with. They had a daily allowance of one pint of water per person which had to be used for everything. . . .For every ninety-five patients, there was only one surgeon, without a nurse to assist him.14

The women were scorned by the Army doctors and given only 5 rooms to share. They were not allowed onto the wards but had to wait outside until a doctor requested them. No one did. They were undeterred. They began making pillows, bandages, and slings, washing filthy clothes and linens, and turning meager rations into healthy, healing meals.15

However, the wounded kept coming, and although the doctors finally let the nurses onto the wards, supplies remained incredibly scarce. So, Florence Nightingale did what only she could do. She reached out to all of her connections in London and raised sufficient funds to purchase cleaning supplies, socks, shirts, operating tables, blankets, and medicines.16

Then, the hurricane hit, supplies were destroyed, McNeill and Tullock wrote their report, and Parliament debated. Florence Nightingale and her nurses stayed in Crimea. She wrote the letter excerpted at the top of this article and didn’t stop there. She went straight to the Queen. She also reached out to members of Parliament, who formed the Civil Engineers Corp, to lay a network of railroad tracks ensuring supplies would make it to the front lines. Eventually, a true hospital was built.17

This is only one example of the remarkable courage and tenacity of Florence Nightingale, the founder of modern nursing. She lives on in the Florence Nightingale Oath, taken by nurses when they graduate and first embark upon their profession:

I solemnly pledge myself before God and in the presence of this assembly to pass my life in purity and to practice my profession faithfully. I will abstain from whatever is deleterious and mischievous, and will not take or knowingly administer any harmful drug. I will do all in my power to maintain and elevate the standard of my profession, and will hold in confidence all personal matters committed to my keeping and all family affairs coming to my knowledge in the practice of my calling. With loyalty, I will endeavor to aid the physician in his work, and devote myself to the welfare of those committed to my care.

Like Florence Nightingale, thousands of nurses do exactly that and so much more every day. Many oaths are aspirational or inspirational. This one is inspired by a single life committed to an internal commitment to care. That is the power of an oath.

1 Ltr. from F. Nightingale (undated), available at https://digirepo.nlm.nih.gov/ext/ mm/101229994X8/PDF/101229994X8.pdf.

2 Id.

3 Id.

4 Ned Price, Press Statement, Crimea is Ukraine, U.S. Dept. of State (Feb. 26, 2023), available at https://www.state.gov/crimea-is-ukraine-2/.

5 Memoir of the Right Honorable John McNeil, supra n. 2.

6 National Galleries of Scotland, Sir John McNeill, 1795-1883, https://www. nationalgalleries.org/art-and-artists/3156/sir-john-mcneill-1795-1883-diplomat, last visited July 7, 2024; Memoir of the Right Honorable Sir John McNeil, The IndIa MedIcal GazeTTe pp. 31-34 (Jan. 1911), available at https://pdfs.semanticscholar. org/775f/083ad275cf66bbeb98f773aaf45c7f43c99e.pdf.

7 Memoir of the Right Honorable John McNeil, supra n. 2; Major General Sir Alexander Murray Tulloch K.C.B. Papers, https://archiveshub.jisc.ac.uk/search/ archives/d81497d5-3f2e-3f3c-8253-60f8fdb16c85, last visited July 7, 2024.

continued on page 18

By: Bridget J. Pyman Arnett | Baker

KYLE MANGRUM

August’s Hello My Name Is column features 2024 UT Law graduate Kyle Mangrum. Kyle is an incoming associate at Arnett Baker, pending his July 2024 bar exam passage. Kyle is a “Double Vol,” having received his bachelor’s degree in Political Science from the University of Tennessee in 2020. He also completed a minor in History, with primary focus on American History but also with some classical Greco-Roman thrown in for good measure. Kyle is a member of the Knoxville and Tennessee Bar Associations, the Hamilton Burnett American Inn of Court, and Phi Alpha Delta.

During his law school tenure, Kyle was devoted to refining his skills in trial advocacy and helping others do the same. He represented UT Law and won first place in the Battle in the Blue Grass Mock Trial Tournament, where he was also designated as the Best Advocate. Kyle then represented UT Law at the National Trial Team Regionals. In his final semester, Kyle chaired and facilitated UT Law’s Center for Advocacy and Dispute Resolution Trial Competition and was recognized by the Tennessee Attorney General’s Office for his excellence in Trial Advocacy. From Kyle’s responses and his track record of extracurricular participation and dedication to the field, it is apparent that he is poised to become an engaged participant and talented asset within Knoxville’s legal community.

What will your practice area be?

I will be primarily working in medical malpractice defense and transportation carrier defense. But, hey, I’ll do anything I’m told to do. What was your first job, and what did you learn from it?

My first job was as a pool repair technician for a family friend during the summer after my freshman year at UT. I cleaned and helped construct residential swimming pools, as well as worked in our retail shop selling swimming pool parts, accessories and of course, those giant inflatable swans. I learned about all the things to do (or precisely what not to do) when owning a pool, how to use power tools while upside down, and the supreme importance of sunscreen on a hot West Tennessee summer day. Describe the person who had the most significant impact on your career.

Professor Rodd Barckhoff. On both a personal and professional level he has shown me the ropes of how to conduct oneself in the legal profession. From pulling long hours in the law school planning the

internal mock trial competition to always being available to give advice on the typical law student woes, he has been a constant mentor and friend in my fledgling law career. If I only end up as half of the man or the legal professional that he is, that will be alright with me.

If you could give a new law student one piece of advice, what would it be?

Get involved! Law school is a rigorous and daunting experience, but make time to get involved with extracurriculars outside of the classroom. Most of my best law school memories and learning experiences happened by participating in things such as UT Law’s Domestic Violence Legal Clinic or trial competitions with the Center for Advocacy and Dispute Resolution. In thirty years, you likely will not remember that last case in the torts or property reading, but you will remember the skills you learned in a real courtroom or by meeting with a clinic client!

What is your favorite way to stay active?

I am a huge basketball fan. A group of around 10-15 guys from my law school class started playing a weekly pickup basketball game (or three) during our first year and continue to play today. It is a great way to get cardio for someone who is otherwise not a fan of running. What’s your favorite restaurant in Knoxville?

There are so many good options that it was hard to pick just one. Honorable mentions deserve to go to Kefi and Jackie’s Dream, but nothing beats Yassin’s Falafel House. I could eat there every day and never get tired of it.

PRIVILEGED TO BE A LAWYER

By: Debra House Executive Director Legal Aid of East Tennessee

MY JOURNEY TO AND THROUGH PUBLIC INTEREST WORK

Giving voice to those without. That has been the greatest privilege of my legal career.

The Early Years

I never intended to be a lawyer. I grew up in a working-class family and was the first in my family to attend college. As I spent time majoring in and doing graduate work in Sociology/Criminology, my interest in the law was born, although I still did not know where my path would lead. Fate would have it that I would make a friend who was taking the LSAT. She urged me to study and take the test with her, which I did. She encouraged me to apply to law school, which I did. In another turn of fate, I was accepted at UT and began my path to public service. As had been my haphazard path throughout my educational life, I had no idea what I would do with a law degree. I had a wonderful trial practice professor in Bob Pryor. He sparked an interest in trial work that led me to a semester in the UT legal clinic. I was also fortunate to have a clerking job that connected me with John Eldridge. As I approached graduation, I again did not know what my next step would be. I was applying for every job I could find, praying I would be employed after law school. One of those job applications was with Southeast Tennessee Legal Services in Cleveland. John just happened to have a connection there. I had an interview and was offered a job. To this day I don’t know whether John worked any magic to help make it happen. Thus began my path in public interest law some 36 years ago. It is fair to say that the connections I made, and the relationships that resulted, paved my way.

Practicing Law

To say I have been privileged to be a lawyer is a gross understatement. Soon after joining STLS, I knew I had found my professional calling. Although I soon had a caseload of important Legal Aid issues for our low-income clients (such as consumer law, public benefits, and housing), domestic violence work is what stuck and where I found my passion. Whether it was helping a battered woman obtain an order of protection, helping an abused father gain custody of his children, or serving as guardian ad litem for a child in State custody, I’ve had the great privilege to represent so many escaping violence who needed the support of a lawyer. Working with my clients over many years has been one of the greatest joys and gifts of my life.

While I feel so very blessed to have found my professional passion and to have been able to pursue it for all these years, something else has kept me at Legal Aid, and that is the privilege of opportunity. So many professionals do not have options in their career. They fall into a job or profession and get stuck. They experience job dissatisfaction, burnout, issues with health and well-being, general unhappiness, and have little

LEGAL UPDATE, continued from page 8

4 Adopted FY2024 Budget, Knox County, Tennessee, p. 16, https://www.knoxcounty. org/finance/pdfs/2023_2024_budget/FY24_Adopted_Budget.pdf (last visited May 29, 2024).

5 National Geographic Staff, These are the 10 Most Popular National Parks (2024), https://www.nationalgeographic.com/travel/national-parks/article/most-visitedparks-photos (last visited May 29, 2024).

hope for a way out. Legal Aid has opened doors for me within the community, in service to the bar, and in leadership of our program. These opportunities help me stay fresh and motivated and have led to many great relationships. Today I work with the most amazing staff of attorneys and other legal professionals who inspire me in everything I do. Leading a nonprofit law firm is not easy, but it is rewarding beyond words. Indeed, the people I work with every day make this work so rewarding. While my leadership of Legal Aid of East Tennessee revolves around relationships with the community, securing funding to keep the doors open, and attending to myriad routine day-to-day administrative matters, ultimately my job ensures that our staff can help those in crisis who cannot afford a lawyer. Imagine a world where you could not hire a lawyer if you needed one. Our clients at Legal Aid cannot imagine a world where they would even need a lawyer, let alone where to find the money to hire one. Helping those individuals is the mission of our program and the calling of our amazing staff who help those every day.

The Future

I am privileged to be in a position to use past experiences to anticipate the future needs of our low-income neighbors and to consider how to best meet those needs. One important area of work in our program is helping individuals and families prevent eviction, achieve housing stability, and avoid homelessness. It is hard to imagine anything more fundamental than having a roof over one’s head. There is a national network of advocates focused on this substantive work, as well as the larger issue of access or right to counsel. Through this work, we may one day be able to ensure that those facing loss of their basic human needs can have a lawyer to stand beside them as they face our justice system. To me, this is the very essence of being a lawyer and is but one of many examples of working towards a more just future.

Call to Action

While my privileges have been many in the practice of law, I would urge each of you to consider how you can use your privilege to help those unable to afford an attorney. We lawyers are uniquely positioned by way of our law license to provide a service that no other profession can. Only we as lawyers can stand in front of a judge and advocate for someone facing loss of their home, seeking safety from their abuser, or challenging an unlawful debt. We are also well-positioned to use our voices to advocate in other forums, such as the legislature, with the media, and with elected officials. Use that voice to make a difference for those who do not have a voice in our legal system. Make a difference that only you as a lawyer can make.

6 See Tenn. Code Ann. § 66-9-301 et seq; see also 26 C.F.R. 1.170A-14; 26 U.S.C.S. § 170(a), (h).

7 Tenn. Code Ann. § 67-5-1009(c); Tenn. Code Ann. § 66-9-308; see also 26 U.S.C.S. § 170(a), (h); 26 C.F.R. 1.170A-14.

8 See 26 U.S.C.S. § 170(h)(4); see also 26 C.F.R. 1.170A-14(d).

9 Tenn. Code Ann. § 66-9-303.

MISUNDERSTOOD METHODOLOGY: RAHIMI AND THE SECOND AMENDMENT

In 2008, the Supreme Court held in District of Columbia v. Heller1 that the Second Amendment protects a private citizen’s ownership of firearms over and above a “local militia” context.2 In announcing the right to private gun ownership for self-defense, the Court in Heller stated that it was “[l]ike most rights … not unlimited.”3 However, the limits of that right have been hard to discern since 2008. In June of this year, the Supreme Court announced one limit: a federal statute that barred domestic abusers subject to restraining orders from possessing firearms passed constitutional muster. While the methodology that got us to the decision in United States v. Rahimi may seem long and tortuous, the majority might just call it: “misunderstood.”4

Heller did not create a test for Second Amendment cases so much as it announced a right to gun ownership. In the wake of Heller, there was understandable confusion about whether the Second Amendment invalidated numerous individual statutes and regulations limiting or otherwise impacting firearm ownership. Fourteen years after Heller, we got something like a test in the 2022 decision, New York State Rifle & Pistol Association v. Bruen. 5 In Bruen, the Supreme Court expanded the private right to own a firearm in one’s home recognized in Heller to a public right to carry a firearm outside the home.6 The Bruen decision added this less-than-clear instruction for lower courts reviewing government regulation of firearms: “the government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation.”7  Recognizing that historical precedent may be lacking for contemporary statutes, Justice Thomas wrote that the government must “identify a well-established and representative historical analogue, not a historical twin.”8

witness had seen the assault, he pulled out his gun and shot at either his girlfriend or the witness.9 Rahimi’s girlfriend obtained a restraining order, which among other things, took away Rahimi’s gun license for two years. Rahimi was undeterred. He was later identified as “the suspect in a spate of at least five additional shootings” and other domestic violence incidents.10 The police searched his home and found two firearms, and helpfully, “a copy of the restraining order.”11

So what was the Second Amendment issue? Rahimi was charged with violating 18 U.S.C. § 922(g)(8), which makes it a crime for a person who is “subject to a domestic violence restraining order” to possess a firearm. As luck would have it for Rahimi, he resided in the most conservative jurisdiction in America: the Fifth Circuit. Although the Northern District of Texas denied his Second Amendment challenge, the Fifth Circuit was eager to take it up.

In holding that § 922(g)(8) violated the Second Amendment, the Fifth Circuit did exactly what the Supreme Court in Bruen had instructed it to do: it analyzed whether the statute was “consistent with the Nation’s historical tradition of firearm regulation.”12 It was the government’s burden to show—as Bruen dictated—sufficient historical analogues to the federal statute. The attempted analogues included the “English Militia Act of 1662” and obscure state laws in the 18th and 19th century regarding firearms.13

The Fifth Circuit rejected each and every one of the historical analogues presented by the government.

Reviewing that same history, the Supreme Court, in an 8-1 decision (J. Thomas dissenting), overruled the Fifth Circuit and held that the federal statute was in fact consistent with America’s “historical tradition of firearm regulation.”14

Enter United States v. Rahimi, decided on June 21, 2024. Zackey Rahimi was accused of multiple acts of domestic violence involving a firearm. He assaulted his girlfriend in public, and when he noticed a

Chief Justice John Roberts, writing for the majority, began by reiterating the “historical tradition of firearm regulation” test articulated in Bruen, characterizing Bruen’s words as explanatory and offering

clarification.15 Despite that alleged clarity, Chief Justice Roberts wrote, “some courts have misunderstood the methodology of our recent Second Amendment cases. These precedents were not meant to suggest a law trapped in amber.”16 This is an interesting metaphor as it turns out, as Originalism’s central conceit is that meaning is fixed, which trapped in amber aptly conveys. The interpretative problem is this: jurists cannot agree on that fixed meaning.

What follows in Rahimi is a bit of a roller coaster of historical sampling: we begin with the “Statute of Northampton of 1328” which

is mentioned only in passing because—presumably—it was discussed at length in Bruen.17 In two sentences we cover the “Reformation and the English Civil War” before touching ever briefly on the venerable Blackstone 18 Interestingly, the Court mentions a history of disarming in these light brushstrokes across the centuries, but then comments that “[b]y the time of the founding, however, state constitutions and the Second Amendment had largely eliminated governmental authority to disarm political opponents on this side of the Atlantic.”19

The historical analogues which moved the needle were fairly esoteric: “surety law” and the “communal frankpledge system.” These legal traditions authorized community promises to produce a defendant in court, eventually resulting in a monetary bond and modern surety law.20 Surety laws were analogous to the challenged statute because the tradition evolved to eventually protect women from their abusing husbands. The first cited example of a surety law being used to regulate firearms comes in 1795 in Massachusetts.21 Finally, the Court relied on four States’ “prohibitions on going armed,” which were known as “affray laws,” derived from the French for “to terrify.”22 The historical precedent now apparently exhausted, the Court reaches it central holding: “Taken together, the surety and going armed laws confirm what common sense suggests: When an individual poses a clear threat of physical violence to another, the threatening individual may be disarmed.”23

One of the chief ironies of Rahimi is that the very historical traditions used to uphold the challenged statute were also used in Bruen to invalidate New York’s firearm law.24 This irony was not lost on Justice Thomas, who found himself the lone dissenter in Rahimi after writing the majority opinion in Bruen. Looking at the same history, he reaches the precise opposite conclusion: “While a breach of a surety demand was punishable by a fine, § 922(g)(8) is punishable by a felony conviction, which in turn permanently revokes an individual’s Second Amendment right. At base, it is difficult to imagine how surety laws can be considered

COVER STORY

By: Daniel Headrick Cohan & Levy

relevantly similar to a complete ban on firearm ownership, possession, and use.”25

The lessons from Rahimi for practitioners might include: (1) history can be read in many different ways; (2) the same history that invalidated a law in one case might validate a law in a second case; and (3) good luck figuring it all out.

Back to Chief Justice Roberts’ understated contention that some courts had “misunderstood the methodology of our recent Second Amendment cases.”26 As it turns out, some on the Supreme Court had also “misunderstood” the methodology. Read Justice Thomas’ fiery dissent, which would have invalidated the federal law, if you doubt that. Or, take the concurrence written by Justice Jackson: Who is protected by the Second Amendment, from a historical perspective? To what conduct does the Second Amendment’s plain text apply? To what historical era (or eras) should courts look to divine a historical tradition of gun regulation? How many analogues add up to a tradition? Must there be evidence that those analogues were enforced or subject to judicial scrutiny? How much support can nonstatutory sources lend? I could go on—as others have. But I won’t.27

I won’t either.

1 554 U.S. 570 (2008).

2 Id. at 620.

3 Id. at 626.

4 United States v. Rahimi, No. 22-915, 219 L. Ed. 2d 351, 363, 2024 U.S. LEXIS 2714, at *16 (June 21, 2024) (observing, “some courts have misunderstood the methodology of our recent Second Amendment cases”).

5 597 U.S. 1 (2022).

6 Id. at 10.

7 Id. at 18. Justice Thomas reminded readers that in Heller, the historical data originalism could consider ranged from “founding-era legal scholars” to “19thcentury cases” to post-Civil war “public discourse” and “commentators.” Id. at 21. Interestingly, the notion that public meaning at the time of the enactment of the Bill of Rights controls has expanded in more recent decisions to considering evidence some one hundred years after that period. In Bruen, the evidence began in 1285 and ended in the last decade of the nineteenth century.

8 Id. at 30 (emphasis in original).

9 Rahimi, 219 L. Ed. 2d at 360.

10 Id.

11 Id. at 361.

12 United States v. Rahimi, 61 F.4th 443, 450 (5th Cir. 2023).

13 Id. at 458.

14 United States v. Rahimi, 219 L. Ed. 2d at 362.

15 Id. at 371-72.

16 Id. at 372. The last thing I remember seeing trapped in amber was a dinosaur fossil in the film Jurassic Park. And we all know how that turned out.

17 Id. at 364-65; see Bruen, 597 U.S. at 40-45.

18 Id. at 365.

19 Id.

20 Id. at.365-66.

21 Id. at. 366. How fixed is the original public meaning and when may jurists stop looking for examples?

22 Id. at. 367.

23 Id.

24 Compare Rahimi, 219 L. Ed 2d at 365-67 to Bruen, 597 U.S. at 50.

25 Rahimi, 219 L Ed. 2d at 412 (J. Thomas, dissenting)

26 Id. at 361.

27 Id. at 398-99 (citation omitted) (J. Jackson, concurring).

21ST CENTURY LAWYER

By: Grant Williamson Bradley Arant Boult Cummings LLP

HYBRID LAWYERING AIN’T SO HORRIBLE

I am an associate at Bradley Arant Boult Cummings LLP (“Bradley”) in the firm’s Knoxville office. But when I started at Bradley nearly three years ago, I was an associate in the firm’s Nashville office, working from the Knoxville satellite office. During my time as an associate at Bradley, I have worked with and for associates and partners in the firm’s Atlanta, Birmingham, Charlotte, Chattanooga, Dallas, Jackson (Mississippi), and Tampa offices. Clients I have represented have closed real estate and other financing deals in Alabama, Arizona, Arkansas, California, Florida, Georgia, Kentucky, Mississippi, Missouri, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Washington, and West Virginia (with the help of local counsel, of course, as I am only licensed in the great State of Tennessee).

During that period, I lived in the same house in Knoxville, and I worked from two different physical offices in Knoxville (Bradley’s Knoxville office quickly outgrew its initial digs). At no point did I spend more than a week in any of the other cities or states where my colleagues and co-workers resided or in any of the other cities or states where my clients were closing deals. Without the opportunity to embrace some level of hybrid practice, it is also unlikely that I would have been able to stay in Knoxville.

For the first two years after law school, I worked as in-house counsel. Then, I began to apply for associate positions at law firms. My wife and I wanted to stay in Knoxville, but at the time, most of the opportunities of interest were in Nashville. Bradley had recently opened in Knoxville as a satellite office, handling work for local clients and supporting partners in its Nashville office, and that gave me the opportunity to stay in Knoxville with the added bonus of being able to work for a firm that now has thirteen offices in seven states and the District of Columbia.

As a 2019 graduate from the UT College of Law, nearly all of my time as a practicing attorney has been spent working remotely at least to some degree – first out of necessity because of the COVID-19 pandemic and then out of a realization by decision makers in some law firms that attorneys actually could (and, I’d argue, should) embrace hybrid work. I’d like to think that I am proof positive that lawyers can successfully embrace at least some level of hybrid work in their practices.

THE OATH, continued from page 13

8 David Murphy, Tulloch, Sir Alexander Murray, https://www.dib.ie/biography/tullochsir-alexander-murray-a8672, last visited July 7, 2024.

9 The Life and Times of Florence Nightingale, Commissions Report, https:// lifeandtimesofflorencenightingale.wordpress.com/crimea-war-2/commissionsreport/, last visited July 7, 2024.

10 Memoir of the Right Honorable John McNeil, supra n. 2.

11 Id.

12 The Life and Times of Florence Nightingale, Nurses for Crimea, https:// lifeandtimesofflorencenightingale.wordpress.com/biography/nurses-crimea/, last visited July 7, 2024.

13 Id.

14 The Life and Times of Florence Nightingale, Nurses Travel to Scutari, https://

A big concern with hybrid work in the legal profession is that younger attorneys will not have the opportunity to learn from seasoned partners in the office. This concern is valid, and I will add the caveat that despite working in a hybrid environment, I am fortunate to have a partner, Kacie McRee, located physically in our Knoxville office, who takes every opportunity she can to help mentor me and is always available when I have questions. But I also work with numerous partners in Bradley’s offices in other states who are just as willing to make time to mentor me and help me grow as a young associate – it just looks more like Zoom calls and Microsoft Teams meetings rather than stopping by someone’s physical office. Stopping by a physical office and speaking with a partner is probably more effective from a mentoring perspective, but intentional, virtual mentoring is not far behind in terms of effectiveness.

Another benefit of embracing some form of hybrid work is that it opens up opportunities to collaborate with other attorneys, whether at another office within your firm or in connection with a need for local counsel, which ultimately allows you to more effectively represent your clients. It also allows you to pursue new, non-local business opportunities without the need to sacrifice significant amounts of time away from your home, your family, your friends, and the things you enjoy in the city where you live. I am proud that Bradley encourages interoffice collaboration. Hardly a day goes by that I am not digging into Bradley’s deep bench to find an attorney who is more knowledgeable than I am about a certain topic or a question that a client has brought to me. And as I mentioned previously, I have been able to work on a variety of incredible projects all across the country without having to spend much time away from Knoxville, my wife, Jessica, and my two kids, Annie and Thomas. Perhaps a tool for combatting the high rate of depression among lawyers is giving them a little more flexibility and opportunity.

The legal profession can be slow to evolve, but I have been encouraged with the (relatively speaking) quickness with which hybrid work has become the norm for many attorneys in the last five years. Continuing to embrace hybrid work will allow attorneys to expand their client base beyond the city and state where they practice, opening up new opportunities to take on meaningful, intellectually stimulating work and to attract top, young legal talent.

lifeandtimesofflorencenightingale.wordpress.com/crimea-war-2/nurses-travelscutari/, last visited July 7, 2024.

15 Id.

16 The Life and Times of Florence Nightingale, Winter Storms, https:// lifeandtimesofflorencenightingale.wordpress.com/crimea-war-2/nurses-allowedwards/, last visited July 7, 2024.

17 Id.

SCHOOLED IN ETHICS

By: Paula Schaefer Art Stolnitz Distinguished Professor of Law University of Tennessee College of Law

TENNESSEE’S TAKE ON A TEXAS DILEMMA

The Texas Center for Legal Ethics posts a monthly ethics hypothetical and quiz for Texas attorneys. As an attorney ethics nerd, I recently took the June quiz and wondered how a Tennessee audience would answer when applying our rules. Here is the quiz hypothetical.

Attorneys Amy and George are opposing counsel in a litigation matter. At a heated pre-trial hearing, George responds to an argument by Amy by making a derogatory remark about women attorneys, saying that women are more prone to getting emotional during court hearings. Amy responds by making a negative reference to George’s age, noting that he uses a cane and suggesting that attorneys of his advanced years are incapable of dealing with the fact that the legal profession is no longer dominated by men.

The judge continues the hearing without addressing this exchange. As the hearing continues, Amy and George generally restrict their remarks to the substantive issues but do exchange similar barbs a couple more times. The judge does not address these remarks, either.

Some attorneys who were in the courtroom and who witnessed the hearing were troubled by the exchange. It becomes a topic of discussion among members of the local bar, with some arguing the incident should be reported, while others believe that no ethics rules were violated.1

The Texas Center for Legal Ethics quiz asks who, if anyone, violated their ethical obligations under Texas rules. So, I pose the same question to you, but ask that you apply Tennessee rules. Prior to answering, I encourage you to review the rules—found at Tennessee Supreme Court Rule 8 (attorney rules of professional conduct) and Rule 9 (code of judicial conduct).

Texas Rules and Analysis for Attorneys

Texas’s Rule 5.08(a) provides that “a lawyer shall not willfully, in connection with an adjudicatory proceeding [and subject to limited exceptions not applicable here], manifest, by words or conduct, bias or prejudice based on race, color, national origin, religion, disability, age, sex, or sexual orientation towards any person involved in the proceeding in any capacity.”

The Texas Center for Legal Ethics explains that both George and Amy violated Rule 5.08(a)—George by making biased statements about Amy and women attorneys generally and Amy by expressing bias against George based on his age and disability.2

Tennessee’s Take

Tennessee does not have a professional conduct rule identical to Texas’s Rule 5.08. Tennessee attorneys may recall that Tennessee has not adopted a version of Model Rule of Professional Conduct 8.4(g) which prohibits an attorney engaging in “conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis

of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.”

Nonetheless, Amy and George’s courtroom statements could subject them to discipline under Tennessee rules. Specifically, Tennessee RPC 8.4(d) prohibits attorneys engaging in conduct prejudicial to the administration of justice. And comment 3 to that rule (much like Texas Rule 5.08) provides “A lawyer who, in the course of representing a client, knowingly manifests, by words or conduct, bias or prejudice based on race, sex, religion, national origin, disability, age, sexual orientation, or socio-economic status violates paragraph (d) when such actions are prejudicial to the administration of justice. Legitimate advocacy respecting the foregoing factors does not violate paragraph (d).”

The Tennessee Supreme Court has explained the limited first amendment protection of an attorney’s speech in or in connection with a court proceeding and has affirmed discipline imposed under Rule 8.4(d).3 Accordingly, because George and Amy’s courtroom statements expressed bias or prejudice (based on sex, age, and perhaps also disability) and were not legitimate advocacy on behalf of their clients, both could face discipline for engaging in conduct prejudicial to the administration of justice in Tennessee.

Texas Rules and Analysis for Judges

The Texas Center for Legal Ethics also explains that even though the judge in its hypothetical made no biased statements, the judge nonetheless violated Canon 3(B)(7) of the Texas Code of Judicial Conduct.4 That provision provides that a judge “shall require lawyers in proceedings before the court to refrain from manifesting, by words or conduct, bias or prejudice [against the same protect groups found in Rule 5.08] against parties, witnesses, counsel or others.” Because the judge witnessed the attorneys’ courtroom exchanges of biased statements but did nothing to stop the conduct, the judge is subject to discipline.

Tennessee’s Take

Tennessee Code of Judicial Conduct Rule 2.3(C) is quite similar to the Texas rule, additionally addressing attorney harassment. The Tennessee rule provides that a judge “shall require lawyers in proceedings before the court to refrain from manifesting bias or prejudice, or engaging in harassment, based upon attributes including but not limited to race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation, against parties, witnesses, lawyers, or others.” So for the same reason the judge is subject to discipline in Texas, the judge would also be subject to discipline in Tennessee.

Final Thoughts

While Tennessee and Texas do not have identical professional conduct rules for attorneys and judges, the same principles prohibiting biased statements in a proceeding—and requiring judges to address such conduct—are found in the rules in both jurisdictions. At the time I took the Texas Center for Legal Ethics quiz, only 51% of Texas attorneys had correctly answered the question. I have no doubt that my fellow

continued on page 22

MONTHLY MEETING

Plan now to attend the Barristers monthly meet-up on Wednesday, August 14, starting at 5:15 pm at The Firefly, the outdoor patio at the Hilton, located at 501 W. Church Avenue, Knoxville. Social time starts at 5:00 pm. All Barristers members are invited to attend, meet fellow attorneys, and learn about upcoming Barristers events.

VETERANS LEGAL ADVICE CLINIC

The Veterans’ Legal Advice Clinic is a joint project of the KBA/Barristers Access to Justice Committees, Legal Aid of East Tennessee, the Knox Co. Public Defender’s Community Law Office, the UT College of Law, LMU- Duncan School of Law, and the local Veterans Affairs office. This is a general advice and referral clinic which requires attorney volunteers for its continued operation. The next Veterans Legal Clinic will be held in person at the Knoxville Community Law Office on August 14, 2024. Sign up at knoxbar.org/Volunteer.

BARRISTERS HUNGER & POVERTY COMMITTEE

The Barristers Hunger & Poverty Committee has partnered with the KBA Juvenile Court Section for this year’s annual Brews for Backpacks school supply drive. Special thanks to TCV Trust & Wealth Management for sponsoring the event! This year, the event will be held on August 22 from 5:30 to 7:00 p.m. at Childhelp’s facility in Cedar Bluff (623 Lindsay Pl SW). Members will take a guided tour and then hear a CLE program from the KBA Juvenile Section. Registration to the event and CLE is free with a “Back to School” Bundle donation. The Casual Pint will provide complimentary craft beers.

As always, KBA members can visit our website and donate to purchase supplies for the ChildHelp Foster Family Agency of East Tennessee. “Back to School Bundle” donations will benefit ChildHelp Foster Family Agency of East Tennessee. Your donations will be used to ensure that East TN children can go back to school in August excited and prepared for the classroom.

LAWYERS LINK UP CHARITY GOLF TOURNAMENT

The Barristers and the KBA are joining together to co-host the annual four-person scramble golf tournament on Monday, October 28, at the Tennessee National Golf Club. Revenue from the tournament goes directly to funding various charitable endeavors of the Barristers, including the efforts of the Hunger & Poverty Relief Committee. Register online at knoxbar.org/Event_Highlights. The Golf Tournament sells out quickly and payment is required to reserve a spot in the tournament.

VOLUNTEER BREAKFAST COMMITTEE SEEKS

SPONSORS AND VOLUNTEERS

The Volunteer Breakfast is a recurring event on the 4th Thursday of each month at 6:15 a.m. at the Volunteer Ministry Center, located at 511 N. Broadway, Knoxville, Tennessee. The Volunteer Breakfast Committee needs just one more sponsor for 2024. The cost is $150 for sponsoring, and we need 4-5 volunteers. We meet at 6:15 a.m. and serve breakfast to approximately 30-40 individuals, generally leaving the site around 7:30 a.m. It’s a great way to serve the community! Please contact either Matt Knable at mknable@wkfirm.com or Miranda Goodwin at mirandaegoodwin@gmail.com with any questions and/or about volunteering.

Adrienne

MANAGEMENT COUNSEL: LAW PRACTICE 101

By: James Snodgrass Kramer Rayson LLP

Maggie Herberholz

University of Tennessee College of Law, J.D. Candidate 2026

ASSESSING PRIVILEGE IN OUTSIDE COUNSEL INVESTIGATIONS

Company management often think of calling outside employment counsel for the first time only when they are confronted with a high level of risk or face an extremely serious or unfamiliar situation. Consider the almost 4,900 billable hours that the law firm of Bond, Schoeneck & King charged the University of Tennessee when the university contacted them to assist in UT’s internal investigation of Coach Jeremy Pruitt and the UT Athletic Department from late 2020 to November 2022.1

When these employment issues arise, a company has several different options about who should conduct an investigation, including its own HR representatives, in-house counsel, or other management; its regular outside counsel; or an independent counsel retained only to conduct the investigation. A company likely would not need to hire outside independent counsel when the allegations involve lower-level personnel, do not implicate the company in potential litigation, do not relate to previous work completed by in-house or outside counsel, or are relatively confined. However, outside counsel is effectively used to conduct investigations where there is a threat of potential litigation, the matter involves a high-ranking employee or hot-button issue, or it would exceed the expertise and capabilities of in-house counsel or other employees.

When deciding who should conduct an investigation, in addition to cost and the requisite level of expertise, an important consideration is the extent to which any witness interviews, investigation notes, or findings and conclusions will be privileged or protected as work product.

This is the major roadblock for using in-house counsel to conduct an internal investigation—it leaves the company susceptible to a claim that counsel was working in a business and not legal capacity. Courts have held that if an attorney is solely working in a business capacity, and not applying legal principles to assess conduct, there is no attorneyclient privilege.2 “Where in-house counsel provides both business and legal advice, courts look to the hat worn by the attorney during the communication.”3 This concern can also apply to regular outside counsel consulting on corporate issues.

The overarching theme of Tennessee state and federal courts that have examined the issue is that if a party uses investigative reports and materials as both a sword and a shield, the party waives attorney-client privilege and work product protections regarding that specific subject.4 Therefore, if a company retains outside counsel to conduct an internal investigation, the company must use caution to protect this privilege by not placing privileged information at issue during subsequent litigation.

In Moore Freight Services, Inc v. Mize, a dispute arose between a company and its former COO regarding the employee’s termination.5

The company hired outside counsel to conduct an investigation into a potential bribery scheme, which ultimately resulted in the former employee’s termination. After Mr. Mize went to work for a competitor, Moore Freight brought suit to enforce the non-competition and non-solicitation provisions in his contract. The former COO filed a counterclaim for breach of contract, claiming his termination was without cause.

A subsequent discovery dispute arose over the production of Moore Freight’s internal investigation materials, as Mr. Mize claimed that any attorney-client privilege or work product protections were waived by the company placing the investigation “at issue” in the complaint. Ultimately, the Court of Appeals found that the company placed the investigatory report at issue when it alleged in the complaint that it “‘reviewed the details disclosed by the investigation’ and that ‘[a]fter reviewing all of the information available, it was determined,’ inter alia, that Mr. Mize’s employment should be terminated.”6 While the Court of Appeals did not detail what specific documents the company would be required to produce after an in-camera review, it summarized them as “internal investigation information.”7

Waiver of the attorney-client privilege and work product protections also often occur when a company places the advice of counsel at issue or relies upon the Faragher-Ellerth defense to defend against claims of hostile work environment sexual harassment. However, such waiver is often limited in both scope and subject matter, and regularly to only fact work product. See, e.g., Barnard v. Powell Valley Elec. Coop., No. 3:18-CV537-CEA-DCP, 2021 WL 6275267, at *10 (E.D. Tenn. Mar. 5, 2021) (finding where defendant relied upon advice of counsel as affirmative defense, it had waived attorney client privilege, but this waiver did not apply to “all facts and communications related to Plaintiff’s termination,” but “only to the recommendation of termination, rather than the entire investigation of Plaintiff and her complaints” and declining to compel the defendant to produce counsel’s interview notes as opinion work product).

Another benefit of utilizing outside counsel is the insulation of waiver of privilege and work product protections. A strong argument exists that any potential waiver would apply only to outside counsel hired to conduct an investigation. In Kallenberg v. Knox County Board of Education, Knox County Schools retained outside counsel to investigate and assist in presenting the case for termination of tenure of an employee.8 The Superintendent subsequently desired to waive privilege with respect to the retained outside counsel. The court found no selective waiver, as there were separate privileged relationships, and therefore the attorney-client privilege was not waived with respect to the Knox County

OUTSIDE MY OFFICE WINDOW

By: Robbie Pryor Pryor, Priest & Harber

MY FIRST TATTOO

I’m too old for a tattoo. Right? I’ve never been opposed to them. I just never thought it was for me. Then I met her. For years, my wife, Nancy, and I have discussed getting a tattoo. It has been fun to talk about, but now might be the time. Don’t tell my mom.

It all started like a nuclear detonation. We met in our early 30s. She was a divorced and a single mother of two, recently freed from a bad marriage. I was a grieving, widowed father of two, imprisoned by loneliness and uncertainty. Neither of us was looking but a brilliant mutual friend decided to set us up for a Latin dance class. I showed up with an open mind and she smiled. Ka-Pow. Within six months we were engaged, married, moved into a home for six (four kids under the age of 8) and absolutely swallowed up in a beautiful chaos. Add to all of it the stress of a lawyer’s life for a lawyer’s wife and in the blink of an eye we were on the wire without a net. Zero to a hundred in 5.2 seconds. It just seems like tattoo material.

Those early years were hard, or so they tell me. It never seemed hard. That kind of change requires great focus on children. We focused. It also requires a dedicated focus on each other. We settled on spontaneous escapes and insisted on guarding our time together. In those times that we have been able to escape, it has been to islands and beaches where porches allow for sitting as the sun sets. On one of those early trips, we found one of our “things” – gin. The card game, not the liquor, silly reader. Our game became a sanctuary from all. I’ve kept a running score, numbers covering stacks of legal pads, pages of journals, and the inside cover of sand-filled novels. We can certainly tell who wins each game or who has the upper hand on a given trip but tallying the final total will be the sad task for the last of us to turn out the lights. As Jason Isbell sings, “surely one of us will have to spend some days alone.” The game is always the same. We play and compete. Neither likes to lose. And, while we trash talk, we also get lost in topics of the kids, our parents, law, books, friends, politics, and the beauty of us and the life we enjoy together. It was during one of those early games, maybe in 2004, while sitting on a porch that she said, “We should get a tattoo.” Of course we should. Now, I’m not the kid at the end of the high dive needing a push. I’ve been ready. My friends say I’m all talk. The difficulty for us is making sure it is the right mark - something that captures us and this crazy life we live. We’ve drawn up outlines and researched. We’ve asked others about their mark - its meaning and origination. I think we have simply been waiting for the universe to reveal it to us.

The stress of this profession can be heavy. As I often write and speak about - ours is not a job that stays at the office. It is more likely to sit on your shoulder on your drive home, poke you during family time and wake you up in the morning before light.

Recently, during a two-month hellish time where I traveled several states deposing experts, I decided to do something different. Change it up. I invited my wife to go with me on a deposition trip. Lawyers are very habit-driven animals. When traveling for business, it has always been my habit to isolate in my hotel room in the day prior to the deposition and “live the case.” My practice has always forced me to completely immerse myself in the facts and medicine before and during a trip, usually reviewing things I don’t need to review. Obsession. Not necessarily healthy.

“Come with me to this deposition in Florida” I said. “We’ll go a day early and have a day at the beach.” And we did. The day ended with us on the porch looking over the harbor, playing gin. As the wind whipped and whirled, she sipped a margarita as she kicked my butt. Truth be told, I don’t want to be the one to add it all up. It will be embarrassing. As I grimaced about my losing situation, concerned with the wind pushing the cards on the table, she called up the familiar subject of us, two people just south of sixty years old, getting a tattoo. She’s able to always bring me back to the moment - the important ones. A gust of wind pulled a card from the deck, and she reached to grab it, but like a descending butterfly, it fluttered and dove into the darkness four stories below. “Let’s go get it,” she said. I looked at her as though she was insane. “It could be on the roof next door or in the harbor,” I replied. “It’s our favorite deck and that was my draw card.” She was obviously close to winning. Did I tell you she was competitive? The deck was one we bought years ago at our favorite place.

We were laughing when we got off of the elevator. I was on a business trip. It made no sense to be searching in the dark for a playing card, but it was our game, and it was…us. We searched with our cell phone lights, looking in the bushes, on top of and below parked cars and around the pool deck - two old people in the dark searching for one of 52 playing cards for the sake of the game, for the sake of sentimentality, for sake of fun and for love. “Found it!” I said, pulling a card from the base of a palm tree. “What is it?” she asked.

“The two of clubs.” I said.

Hands raised, and with the same smile that drew me to the chaos from across the dance floor in 2001, she said, “Gin!”

I hope you have someone. Someone who is the weight on the other side of the seesaw when this life sinks you low. You know of what I speak.

SCHOOLED IN ETHICS, continued from page 19

Tennessee attorneys fared better—particularly those who took my advice to look at the rules before answering.

1 If You Can’t Say Something Nice. . .: Ethics Question of the Month - June 2024, Texas Center for Legal Ethics (2024), from https://legalethicstexas.com/ethicsquestion-of-the- month/ethics-question-of-the-month-june-2024/ (last visited July 3, 2024).

2 Id.

If you haven’t, may you find the person to sit on the other side of the seesaw. If you have, get a tattoo before your mom finds out.

3 See, e.g., Manookian v. Bd. of Prof’l Responsibility, 685 S.W.3d 744, 785 (2024) (in affirming a Rule 8.4(d) violation for statements made about judge and opposing counsel in the context of a pending case, the Court explains that “the State’s interest in protecting the administration of justice weighs heavily”); Bd. of Prof’l Responsibility v. Parrish, 556 S.W.3d 153, 166-67 (2018) (describing first amendment analysis in the context of a disciplinary case in which an attorney was found to have violated Rule 8.4(d) by pejorative statements about appellate judges in a motion to recuse).

4 See supra note 1.

IN LIMINE: PROFILING FUTURE JDS

By: Carol Anne Long UT Law Director of the Career Center

DANNY MENDOZA

UNIVERSITY OF TENNESSEE COLLEGE OF LAW, CLASS OF 2025

Please tell me about yourself!

I was born in Miami, Florida but grew up in Hattiesburg, Mississippi. I pursued my undergraduate studies in Biology at the University of Alabama at Birmingham and later completed a master’s in special education at George Washington University, followed by a specialist degree in teacher leadership at the University of Florida. Originally focused on medicine, I transitioned to education, driven by my passion for helping others achieve their goals. Before entering law school, I taught middle and high school science, where I developed a keen interest in intellectual property, particularly patent law. This journey has not only shaped my professional aspirations but also deepened my commitment to leveraging education and law to make a meaningful impact.

So how did you make the decision to go to law school, and why did you pick UT Law?

I decided to attend law school driven by my experience as an underrepresented Hispanic/Latino, which ignited my passionate commitment to mentorship and advocacy. I aim to empower future generations of diverse professionals, expanding opportunities and representation in our communities. Specifically, within the realm of intellectual property (IP), I seek to leverage my scientific background to effect positive change. I thrive in environments that offer intellectual stimulation and foster continuous learning across diverse subject matters.

I chose to study at the University of Tennessee College of Law because it offered a compelling array of opportunities that aligned perfectly with my career goals. At the time of applying, I was teaching in Nashville and wanted to continue my career in-state, making UT Law’s early admission program a natural choice. Despite not having visited the campus initially, I was drawn to its reputation as the flagship university of Tennessee, with a diverse range of professional and personal offerings nearby. Specifically, the robust course offerings in intellectual property law stood out to me, confirming that UT Law would provide the ideal environment to pursue my interests and prepare for a career in this specialized field.

Tell me about your law school experience so far: what activities and classes have you participated in and enjoyed?

Oh, there have been so many enriching experiences during my time at law school. I’ve had the privilege of competing on the Saul Lefkowitz (Trademark) Moot Court team, and I’m thrilled to join the inaugural PTAB Moot Court team next year. I’m also looking forward to auditioning for the Giles Sutherland Rich Memorial (Patent) Moot Court team. In addition to moot court, I completed a fellowship with Dean Michelle Kwon focusing on Diversity, Inclusion, Community, and Engagement, where I contributed to K-12 pipeline initiatives. My involvement in both the Expungement and Transactional Clinics has been particularly rewarding, allowing me to apply legal theory to real-world scenarios.

Although I am not on a journal, my role as a Faculty Research Assistant has exposed me to a wide range of projects, each offering valuable

insights into legal research and analysis. One of my most fulfilling experiences has been assisting colleagues as a witness in their trials, whether for class exercises or competitions like those hosted by CADR.

These experiences have not only broadened my understanding of law but also reinforced my passion for intellectual property and my commitment to contributing meaningfully to the legal community.

Tell us about your experience on UT Law’s Student Wellness Committee.

I joined the Student Wellness Committee (SWC) during my 1L year and became more involved in my second year when Grant Peterson invited me to assist him. Our focus this past year was on enhancing our presence and planning ahead. We emphasized proactive committee member involvement to ensure sufficient time for funding requests and event planning. One standout member, Annie DeFreitas, demonstrated excellent initiative and will be chairing the committee next year.

In my role, I focused on handling the logistical details while Grant managed the broader strategic direction. This experience has reinforced my strength in logistics and planning, skills that I believe are crucial whether in law or other fields. It’s been rewarding to see how meticulous planning can positively impact the committee’s effectiveness and the well-being of our law school community.

So outside of law school, what do you enjoy doing?

I grew up in a single-parent home, and my mother’s battle with stage IV breast cancer taught me resilience and the importance of staying focused. Despite the challenges, it instilled a level of maturity in me from a young age, which has been invaluable in my personal and professional life.

On a lighter note, I have a passion for cooking and consider myself quite the amateur chef. I also have a love for ballroom dancing. I even competed in rumba during my undergraduate years. Although I’ve had my fair share of musical training, singing remains a challenge for me! At home, I have a cat named Lance, who is my pride and joy. For Christmas, I delighted in giving him a painting of himself in fancy attire with a sword—it perfectly captured his regal demeanor. When I’m not working, you can find me enjoying a round of putt-putt golf or savoring an Icee.

What is your dream job, and why?

My dream job is to work as an IP Attache for the USPTO, advocating internationally to enhance IP systems and support U.S. stakeholders. This aspiration stems from my deep-seated belief in the power of innovation and creativity to drive economic growth and societal progress.

I am drawn to the unique opportunity IP Attaches have to assist U.S. businesses, legal representatives, and rights holders in navigating foreign IP landscapes, expanding into new markets, and addressing enforcement challenges. I am particularly excited about contributing to initiatives that promote fair and effective IP protection globally, ultimately fostering innovation and economic development.

Finally, what is your ultimate “why” with respect to being an attorney?

My reasons for wanting to become a lawyer are twofold, depending on whether you’re asking for my professional or personal perspective.

LEGALLY WEIRD

By: Lisa J. Hall Hodges, Doughty & Carson

LIKE, REALLY, REALLY WEIRD

You may not realize it, but sometimes it can be difficult finding appropriate content for this column. Sometimes I question whether the subject of the article is truly “weird,” when it may just be funny, unusual, or interesting. My overthinking brain likes to scrutinize the legitimacy of the topic and will ask, “Is this truly worthy of the esteemed Legally Weird column?” My overthinking brain’s answer is typically, “When our deadline is this close, we no longer have the luxury of a legitimate topic that fits squarely within the guidelines: just go with it!”

I am pleased to share with you a story that fits the letter and spirit of what is Legally Weird in every way. How? Well, it is (1) weird, and (2) the weirdness has legal implications. I understood the assignment.

Our story today comes out of Noble County, Ohio, where criminal defense attorney Jack A. Blakeslee has been practicing law since 1976. In November 2021, prior to a pretrial hearing, Blakeslee threw a Pringles can filled with his own feces into the parking lot of Haven of Hope, a victim advocacy center. Unfortunately for him, the chief executive officer of Haven of Hope, who had known Blakeslee for many years and had attended other hearings in this case, witnessed this action, and it was also captured on surveillance video.

Blakeslee pleaded guilty to minor misdemeanor charges of disorderly conduct and littering and paid fines and court costs. The conduct also gave rise to a complaint filed with the Board of Professional Conduct.1 At the hearing, Blakelee denied targeting Haven of Hope and stated that he had deposited Pringles cans filled with his feces at random locations at least ten other times that year.2 He explained that he threw the cans to “blow off steam” and that he got a kick out of imagining the “look of surprise” of those who discovered the Pringles cans. The disciplinary counsel recommended a six-month fully stayed suspension, conditioned on no future misconduct. However, the court believed a stronger sanction was necessary. The court did not believe that the act was an act of hostility or an attempt to intimidate the victim advocates. But while the earlier incidents were intended to surprise strangers who would find the cans, this incident demonstrated “he escalated a preexisting pattern of conduct to seek an even greater thrill by pulling a prank on someone he knew.” Blakeslee was suspended for one year, with the final six months to be stayed assuming no further misconduct. He has completed the first six months of the sentence and is now eligible to return to the practice of law.3

I leave you with one of my favorite quotes from Dr. Seuss, who once said, “We are all a little weird and life’s a little weird, and when we find

someone whose weirdness is compatible with ours, we join up with them and fall into mutual weirdness and call it love.” I agree that we are all a little weird in our own way, and somehow our weirdness is sometimes semi-compatible with the weirdness of another. Whether “pooping in a Pringles can” is capable of being compatible with another person’s weirdness, I do not know. However, next time you have done something you believe is weird, or embarrassing, just ask yourself, “But did I poop in a Pringles can?” It would be hard to rise to that level of weirdness. (But if you do, please let me know. I will need good content for the next edition of Legally Weird.)

1 Disciplinary Counsel v. Blakeslee, Slip Opinion No. 2023-Ohio-4202

2 I am sure you are wondering if Blakeslee’s “Poop on a Pringle” was inspired by the classic dish of “cream chipped beef on toast,” otherwise known as ____ on a Shingle or “S.O.S.” That is certainly possible. For Better Call Saul fans, you may be wondering if he was inspired by Jimmy McGill, who according to his brother Chuck, “defecated through a sunroof!” That is also possible.

3 For those of you who worry about your actions resulting in negative Google reviews, you may console yourself that Blakeslee has only received three negative reviews within the last year. One review gave him three stars, commenting “Good lawyer, but never, and I mean never accept Pringles from him.” Another gave him one star and said, “I’ve never had the ‘privilege’ of meeting this attorney [sic] but I did read that he has an interesting yet disgusting flavor of Pringles that he enjoys passing out!”

TOP TEN

By: Sarah M. Booher Tennessee Department of Human Services

LEGAL ROAD TRIP, ANYONE?

For some, vacation is a Zac Brown or Jimmy Buffett song – lots of palm trees, sand, and alcoholic beverages. I love those trips, too, but generally I prefer the nerd trips. I want to come home a different kind of tired, but also more tired, than I was when I left. I want to see the sights. And if they are of historical or legal relevance, all the better!

Without further ado, for the trips when you aren’t laid up on a beach in Turks & Caicos, here’s a Top Ten (or so) list of some of the best legal sightseeing you can do in the (Eastern) United States:

1. Brushy Mountain Penitentiary (Petros, TN): Let’s go ahead and cover three great destinations you can hit right here in the Volunteer State. Brushy Mountain was a coal mine that “originated in the wake of a bloody labor battle”1 before it was the penal home of James Earl Ray, an inspiration for the world-famous Barkley Marathon, and notorious amongst supernatural ghost hunters. Go for the guided morning tour; stay for the End of the Line Moonshine from their distillery.

2. Scopes Trial Museum (Dayton, TN): The 1925 Butler Act made teaching evolution in public schools illegal, but Rhea County high school substitute teacher John T. Scopes agreed to be the ACLU’s defendant to challenge the law. Prosecuting was William Jennings Bryan; Clarence Darrow defended. Go for the first trial ever broadcasted live; stay for the tee-shirts and merch.

3. The National Civil Rights Museum at the Lorraine Motel (Memphis, TN): Civil rights activist Martin Luther King, Jr. spent the last hours of his life in Room 306 of the Lorraine Motel, a Green Book establishment that welcomed Black travelers in the Jim Crow South. Go for the $27.5 million renovation completed in 2014; stay for the “inspired action to create social change.”2

4. Harpers Ferry, West Virginia: Harpers Ferry was a “point of supply for Meriwether Lewis’s Corps of Discovery, the site of John Brown’s abolitionist raid of 1859, a key Civil War battlefield, and the meeting place for the Niagara Movement.” Go for the extraordinary Appalachian natural beauty and stay for the unparalleled historic conservation, but do all you can to hit the one-of-a-kind Tamarack Marketplace in Beckley, too.3

5. The Statue of Liberty and Ellis Island (New York Harbor): Seventeen-year-old Annie Moore, traveling with her two younger brothers, was the first immigrant processed in Ellis Island in 1892. Go for the “nuances, complexities, and contradictions” of our immigration policies and history; stay for the poetic symbols of the American Dream and the stop that is a commonality to many of our family trees.4

6. Biltmore House and Omni Grove Park Inn (Asheville, NC): The National Gallery of Art appealed to the good graces of Edith Vanderbilt during World War II when 62 paintings and 17 sculptures were hidden away in the unfinished, but now fortified, Biltmore Music Room. Fourteen years later, the Supreme Court entered an agreement with the Grove Park Inn to take over their facilities in the event of an attack or other issue that forced SCOTUS to relocate. Go for the supreme planning and protection of our nation’s artistic treasures and Justices; stay for the fine dining, five-star spa amenities, and Christmastime gingerbread competitions.

7. Gettysburg National Military Park (PA) and the Vietnam Veterans Memorial (DC): If you want to teach your kids about military history and foreign and domestic policy, take them to these two (dare I say, sa-

cred) locations where the spirits of those who gave the ultimate sacrifice are palpable. Go for the hope that “these dead have not died in vain;” stay for the lessons learned and the core memories these visits will form for the younger generations.

8. Stonewall Inn (Greenwich Village, NY): Police raids on gay and gay-friendly establishments were commonplace in 1969, but the bust on mafia-owned and run Stonewall marked a turning point from routine compliance to grassroots resistance. Go for the turning point in the fight for LGBTQ rights; stay for the lingering urban bohemia and counterculture epicenter.

9. Salem, Massachusetts: Sure, it was the site of the first armed resistance on American soil to British authority in 1775, but it is most famous for the 1692 witch trials that saw 25 (innocent!) lives lost and forever changed our legal system and procedures. Go for the untangling of Puritanism hysteria; stay for the maritime resources and Haunted Happenings.

10. U.S. Holocaust Memorial Museum (Washington, D.C.): In 1994, my parents and I traveled to D.C. for the Jewish wedding of dear family friends. The groom’s father was a prominent bootmaker. After a German Nazi officer/customer tipped him off as to things to come, the family voyaged safely to America. A man at our table during the reception was a Holocaust survivor and was reunited with Joel’s family shortly after he arrived in New York post-war – walking down the street he heard a laugh coming from a deli that he knew could only be Joel’s mother. The next day we visited the Museum. Go so we always remember these atrocities as fact; stay for the “cultivation of a sense of moral responsibility among our citizens.”

1 Quotations and factual information taken from the official websites of the destinations.

2 And go to Barnes & Noble right now and buy Hellhounds on His Trail by Hampton Sides. It will keep you on the edge of your seat despite knowing how the story ends. If you’re really lucky, maybe one day you’ll have the great fortune of seeing The Mountaintop, an award-winning play written by my college study abroad classmate, Katori Hall.

3 Please note these two locations in West Virginia are not even remotely close to one another.

4 My own grandfather arrived in 1928 on the Scythia from Scotland.

BARRISTER BITES

By: Angelia Morie Nystrom Vice President for Advancement and Chief Legal Counsel East Tennessee Foundation

I SCREAM, YOU SCREAM: THE PERFECT HOME-MADE ICE CREAM

I love to cook, and I love to write about cooking, but this summer has been the craziest I can remember in a long time. I don’t think I have cooked a meal at my house since sometime in March. Meals at our house have consisted of drive-thrus, Door Dash, and the occasional preprepared meal from Fresh Market or Butler and Bailey. Hugh says there is a difference between eating and dining, and we have definitely enjoyed our share of eating as of late.

In early June, though, we took a graduation trip to Greece. While there, we actually dined. We enjoyed traditional Greek dishes, lobster ravioli, lobster spaghetti, stuffed peppers, fresh fish, fruits, and amazing salads. It is safe to say that I ate my way through Greece.

The highlight of the trip, though, was the gelato that Hugh somehow managed to find on every island that we visited. I don’t think I knew how much I liked it until I returned home and did not have it every day. I tried store-bought gelato and ice cream, but it was just not the same.

Hugh made it his mission to make the “best homemade ice cream you have ever had.” I was a bit skeptical, as I have never known Hugh to make ice cream.

We do own an ice cream maker. It’s a hand-crank model that has been in our garage at least 16 years. Hugh’s sister purchased it on one of our family beach trips because she wanted to make ice cream. After about an hour of cranking with nothing to show but a soupy mixture of milk, eggs and sugar, she decided that the ice cream maker was not going home with her. Being the thrifty person he is, Hugh decided that we would bring it home with us. We unloaded it in our garage, and it has stayed there for nearly two decades. Until two weeks ago.

Hugh picked up peaches at a roadside stand and decided that they were perfect for peach ice cream. He scoured the internet for recipes and found one titled “Best Peach Ice Cream with Fresh Peaches.” It’s an old-fashioned peach ice cream recipe made with fresh peaches for real peach flavor and a perfectly sweetened custard base made from simple ingredients like heavy cream, whole milk, sugar, and egg yolks. It lives up to its name!

The ingredients include three medium peaches, peeled and sliced (about 2 cups), 1 ¼ cups granulated sugar, ½ teaspoon lemon juice, ¼ teaspoon salt, 5 large egg yolks, 1 ½ cups heavy cream, 1 ½ cups whole milk, and 1 teaspoon vanilla extract.

To begin, peel and slice peaches, then toss in a large bowl with ½ cup of the sugar and lemon juice to combine. Let it rest at room temperature for 30 minutes to an hour, until the peaches are soft and

MANAGEMENT COUNSEL, continued from page 21

Law Director’s Office (effectively in-house counsel).

Every situation will, of course, be different, but I hope that the above considerations are helpful in determining when and whether to hire outside counsel for inside investigations.

1 UT paid $189,171 in legal fees in January, 2021 alone. Based on what we later learned, this could have been a “Butcher Bank” case for the younger generation of lawyers in Knoxville. See https://www.knoxnews.com/story/sports/college/ university-of-tennessee/football/2023/04/19/jeremy-pruitt-tennessee-footballncaa-violations-hearing-lawyers/70125085007/

have released their juices to create a syrupy liquid. Once the peaches have released their juices, mash them with a fork until only very small chunks of peach remain (Hugh uses a food processor). You don’t want large, individual pieces of peach in your ice cream, or they will freeze very hard. Strain the juice into a separate bowl, reserving both the liquid and the mashed peaches and refrigerating until ready to use.

Meanwhile, in a medium saucepan, stir together the cream, milk, another ½ cup of the sugar, and the salt. Heat over medium-low heat until hot, but not bubbling.

In a large bowl, whisk together the egg yolks and remaining ¼ cup of sugar, until light in color, about 2 minutes. While whisking, slowly pour in ½ cup of the hot cream mixture into the egg yolk and sugar mixture to temper the eggs before adding them to the custard base. Slowly add another ¼ cup of hot cream, whisking the entire time.

Pour the tempered egg yolks into the saucepan with the rest of the custard base and stir gently with a wooden spoon for 2-4 minutes, or until the temperature is between 170-175 degrees, and the mixture is just thick enough to coat the back of the spoon. Remove from heat and stir in the vanilla.

Strain the custard base through a fine mesh strainer into a clean bowl, then stir in liquid from the mashed peaches and refrigerate for 4 hours, until chilled.

Pour peach ice cream base into ice cream maker and churn according to manufacturer’s directions, until it looks like soft-serve ice cream, about 25-30 minutes. Add the reserved mashed peaches during the last 30 seconds of the churning process, then transfer the ice cream to an airtight container and freeze for at least 4-6 hours.

When choosing an airtight container, be sure to choose plastic. Hugh put a portion of one batch in a glass container, and it affected the way that it froze. It tasted great; however, it had some ice crystals and lacked the creaminess of the other portion of the batch.

Word of warning: Avoid scrambling the eggs. By adding the hot liquid slowly to the whisked egg yolks, this helps prevent them from scrambling. If your liquid is boiling or you cook the base too long after adding the eggs, this can occur.

Also, it is tempting to leave large chunks of peach in the ice cream, but they freeze into little peach cubes, so its best to mash them pretty fine for the smoothest results.

Hugh has now made at least 4 batches of this ice cream and vows that he will continue until he can no longer find fresh peaches. I’m not going to complain––it is the perfect summertime treat!

2 Leazure v. Apria Healthcare Inc., No. 1:09-CV-224, 2010 WL 3397685, at *2 (E.D. Tenn. Aug. 26, 2010).

3 Ajose v. Interline Brands, Inc., No. 3:14-CV-1707, 2016 WL 6893866, at *7 (M.D. Tenn. Nov. 23, 2016).

4 Barnard v. Powell Valley Elec. Coop., No. 3:18-CV-537-CEA-DCP, 2021 WL 6275267, at *8 (E.D. Tenn. Mar. 5, 2021).

5 No. E2021-00590-COA-R9-CV, 2022 WL 325595 (Tenn. Ct. App. Feb. 3, 2022).

6 2022 WL 325595 at *15.

7 Id. at *17.

8 No. 3:06-CV-371, 2010 WL 11639745, at *3 (E.D. Tenn. Jan. 4, 2010).

LEGAL LIBATIONS

By: Parker Bohne LMU Duncan School of Law

J.D. Candidate,

2026

BARRELHOUSE BY GYPSY CIRCUS

Hailing from Kingsport, Tennessee, and specializing in ciders, Gypsy Circus has brought the apple orchard to Knoxville at Barrelhouse by Gypsy Circus, located at 621 Lamar Street.

The Atmosphere

Upon entering Barrelhouse, you’re immediately greeted by eccentric and colorful artwork that decorates the walls, creating a vibrant and welcoming atmosphere. The eclectic decor sets a playful tone, inviting guests to relax and enjoy their time. A bookshelf full of games and activities adds to the fun, offering everything from classic board games to contemporary favorites. For those who prefer the outdoors, the brewery features lawn games like an oversized Connect Four, encouraging friendly competition among patrons.

True to its name, Barrelhouse’s interior is accented by barrels stacked along the walls, enhancing the earthy and rustic feel of the space. This unique element adds a touch of authenticity and charm. Outside, the front patio is lined with turf, making it a comfortable spot for furry friends to lie down or play while their owners enjoy a refreshing glass of cider. The patio is furnished with long wooden tables, perfect for gatherings of friends and family. Large fans keep patrons cool during the day, and at night, overhead lights cast a warm, inviting glow.

One of the standout features of the brewery is the wall bordering the patio, which boasts two large garage-style windows. On a pleasant day, these windows are rolled up, allowing a seamless transition between the indoor and outdoor spaces. This setup is perfect for guests who can’t decide whether to stay inside the air-conditioned taproom or soak up the warm summer sun outside. The brewery’s thoughtful design and inviting atmosphere make it an ideal spot for socializing and enjoying quality time with loved ones.

The Brews

Barrelhouse’s beer selection is as diverse and inviting as its atmosphere, specializing in a vast array of ciders, transporting you directly to the apple orchard with every sip. With over forty taps, there’s something for everybody, from dry to sweet to tart and everything in

between. Each sip is an adventure, whether you’re enjoying the refreshing OneKnox Honey Crisp, which captures the sweetness and crispness of a Honey Crisp apple, or venturing into the spiced Land of the Sour Patch Kids, a mango jalapeño cider. For those looking to explore the seemingly limitless bounds of cider, a flight is the perfect choice, offering a taste of Barrelhouse’s finest creations.

For craft beer enthusiasts seeking something other than a cider, Barrelhouse’s “Guest Taps” feature local brews from across Knoxville and neighboring cities, ensuring a diverse and delightful experience for every palate. Bottles and cans of Barrelhouse’s specially brewed ciders and other beverages, are available for those who wish to take the fun home. In addition to their impressive cider selection, Barrelhouse also offers signature cocktails on tap, including a Toasted Paloma, Moscow Mule, and Margarita. The brewery’s signature cocktails are complemented by unique offerings and fresh ingredients, like the Lavender Blueberry Lemonade cocktail, featuring house-made blueberry and lavender syrups.

The Food

While you’re filling up on delicious ciders and cocktails, don’t forget to save room for dinner, because you won’t want to miss out on all that Barrelhouse’s kitchen has to offer. Barrelhouse boasts a full and diverse menu with appetizers to share with the table and mouthwatering entrees. Barrelhouse fuses the brewery and the kitchen together by incorporating many of its ciders into the food, like the Vaudevillian-Injected Smoked Brisket, tender brisket injected with Gypsy Circus’s Vaudevillian cider, or the Queen of Swords Twisted Cuban, toasted French bread piled high with smoked pork cooked in Gypsy Circus’s Queen of Swords cider. And don’t forget to save room for dessert, because you won’t want to miss the warm fruit cobbler with ice cream or banana pudding to finish out your evening at Barrelhouse.

BENCH AND BAR IN THE NEWS

How to place an announcement: If you are a KBA member in good standing and you’ve moved, have property to rent, or received an award, we’d like to hear from you. Talks, speeches (unless they are of international stature), CLE promotions and political announcements are not accepted. Notices must be submitted in writing and limited to 100 words. They are printed at no cost to members and are subject to editing. Email your notice to membership@knoxbar.org.

KBA MEMBER SHOUT OUTS

As part of this year’s focus on celebrating our bar association’s diverse membership and exploring creative ways for members to connect, network, and experience fulfillment in the practice of law, we would like to highlight the accomplishments and contributions of KBA members who are making a difference in the legal arena and beyond. Send links to news to posts or articles, pictures, or just a blurb about what’s going on to membership@knoxbar.org.

FREE CLASSIFIEDS AVAILABLE

Did you know the Classified section on the KBA website allows you to add your resume if you are looking for a job or if you need to hire someone, you can post a job and search for candidates? Click on Public Resources and select “Career Classifieds” from the dropdown navigation. The Classifieds receive in excess of 8,000 page views each month so if you are looking for a job or a new position, make sure to check out this valuable resource.

LEGAL HISTORY VIDEOS AVAILABLE

In 2012, the KBA’s Archives Committee began interviewing senior members of the local legal community to capture their stories and perspectives on life and the practice of law. With funding provided by the Knoxville Bar Foundation, the KBA has been able to preserve this history for future generations of lawyers and other interested persons. It is important not to forget the contributions of those who built the local bar and sharing milestones and stories of great lawyers and judges provides new lawyers with historical perspective and inspiration. View the interviews online at www.knoxbar.org by clicking Member Resources and then Practice Resources.

Address Changes

Please note the following changes in your KBA Attorneys’ Directory and other office records:

Adrienne L. Anderson

BPR #: 015971 Anderson & van Tol PLLC 550 W. Main Ave., Suite 700 Knoxville, TN 37902 P.O. Box 2588

Knoxville, TN 37901-2588 865-249-8011 aanderson@andersonvantol.com

Arnold G. Cohen

BPR #: 000953

Arnold G. Cohen Law Firm 6025 Brookvale Lane, Suite 204 Knoxville, Tennessee 37919 P. O. Box 51785 Knoxville, TN 37950 865-524-0510 agctnlaw@gmail.com

Aaron M. Deaver

BPR #: 041551 Trammell Adkins & Ward, P.C. 1900 N. Winston Road, Suite 600 Knoxville, TN 37919-3605 Ph: (865) 330-2577 aarondeaver@tawpc.com

Chelsea R. Hatcher

BPR #: 036695 District Attorney Generals Conference P.O. Box 323 Jacksboro, TN 37757-0323 Ph: (865) 562-4991 crhatcher@tndagc.org

Jordan Houser

BPR #: 036053 U.T. College of Law 1505 W. Cumberland Avenue Knoxville, TN 37996-0001 Ph: (865) 548-6851 jhouser7@utk.edu

WELCOME NEW MEMBERS

Gina M. Modica

BPR #: 037600

Wettermark & Keith, LLC 1225 E. Weisgarber Rd., Suite S160 Knoxville, TN 37909-2604 Ph: (865) 263-6315 gmodica@wkfirm.com

Charles S.J. Sharrett

BPR #: 036930 Woolf, McClane, Bright, Allen & Carpenter, PLLC P.O. Box 900 Knoxville, TN 3791-0900 Ph: (865) 215-1000 csharrett@wmbac.com

Jonathan S. Taylor BPR #: 025094

Kramer Rayson LLP P.O. Box 629 Knoxville, TN 37901-0629 Ph: (865) 525-5134 jstaylor@kramer-rayson.com

Shannon F. van Tol BPR #: 017602

Anderson & van Tol PLLC 550 W. Main Ave., Suite 700 Knoxville, TN 37902 P.O. Box 2588 Knoxville, TN 37901-2588 865-249-8011 svantol@andersonvantol.com

THE KNOXVILLE BAR ASSOCIATION IS PLEASED TO WELCOME THE FOLLOWING NEW MEMBERS:

NEW ATTORNEYS

LaJuana G. Atkins Blount Memorial Hospital

Jonathan M. Baumgartner

Baily P. Bowers

Social Security Administration

Cooper Edenfield

Wesley O. Eke Eke Law Firm

Michael A. Lewis

Regal Entertainment Group, Inc.

Sarah Lorson

Baker, Donelson, Bearman, Caldwell & Berkowitz

Brandi Murrell Legal Aid of East Tennessee, Inc.

William Oliver Baker, Donelson, Bearman, Caldwell & Berkowitz

Matthew Pettitt Young, Williams & Theiss, P.C.

Brandon Sizemore Baker, Foster, & Potter

Courtney Statham

Lowe Yeager & Brown PLLC

NEW LAW STUDENT MEMBERS

Chelsea L. Dailey

Sierra A. Dennis

Georgianna S. Furman-Kitchin

Samuel G. Riddle

Brandon T. Trent

WELL READ

By: Douglas Blaze Dean Emeritus, UT College of Law

DEFENDING THE PUBLIC’S ENEMY: THE LIFE AND LEGACY OF RAMSEY CLARK, BY LONNIE T. BROWN, JR.

“You know, the joy of life is that you have to persevere and do whatever you can to make this a better world.”

- Ramsey Clark

I need to start with some thanks. First, I want to thank the late Nick McCall for asking me to do this book review. During one of our regular chats over beer earlier this year, Nick asked for a favor – write this piece for DICTA It was an easy yes as Nick had never said no to any of my many requests for a “favor.” Second, I want to thank another good friend, Dean Lonnie Brown, for writing this book and causing me to think long and hard – in Dean Brown’s words – “about the legitimacy of what’s transpiring [and has transpired] around me . . . .”

On the surface, Ramsey Clark, the 66th Attorney General of the United States, was an enigma. Ramsey Clark was a legal and political insider from the time he was born. One grandfather served on the Texas Supreme Court; the other served as President of the Texas Bar Association. Ramsey’s father, Tom Clark, served as Attorney General for President Harry S. Truman before being appointed as a Justice on the U.S. Supreme Court.

Initially, Ramsey followed in their footsteps. After serving in the Marine Corps during WW II, he earned his undergraduate degree at the University of Texas and his J.D. at the University of Chicago. After graduation, Clark practiced law in his father’s former law firm in Texas for ten years before turning to public service. When John F. Kennedy was elected President in 1960, Clark actively pursued a position in the incoming administration. He first served as Assistant Attorney General for the Lands Division in the Department of Justice and then as Deputy Attorney General. In early 1967, President Lyndon Johnson nominated Clark to be Attorney General. He served in that role through the end of Johnson’s term.

remarkably similar to those still advanced today. In the report, Clark recognized the immediate need to 1) significantly improve relations between the police and the community, 2) increase the pay and professionalism of the police, 3) increase employment opportunities for the community, and 4) improve and equalize educational quality and opportunity throughout Watts.

After completing his service as Attorney General, Ramsey Clark joined the New York law firm of Paul, Weiss, Rifkin and taught courses at both Brooklyn and Howard Law Schools. But his time in corporate practice was short-lived. Due to a lack of passion for the work, he resigned in 1973 and started his own firm, quickly transitioning from a consummate and very successful insider to a harsh government critic. He regularly took on cases against the government on behalf of some of the most despised individuals on the planet. Clark used his considerable professional skills to represent Saddam Hussein, two former Nazis facing deportation, the Palestine Liberation Organization (PLO), and Elizaphan Ntakirutimana, a Hutu clergyman accused of luring Tutsis to their death in Rwanda.

Ramsey Clark’s service at the Justice Department spanned the exciting but turbulent times of the mid- to late-60’s. The Cold War, the space race, the civil rights movement, and the Vietnam War presented enormous challenges and opportunities. Clark rose to the occasion, particularly in the area of civil rights. In 1962, he coordinated federal enforcement of the court order protecting the marchers as they made their way from Selma to Montgomery. Three years later, he directed the federal response to the upheaval at University of Mississippi following the enrollment of James Meredith. Clark also played an instrumental role for the President in the drafting and passage of the Voting Rights Act of 1965 and the Civil Rights Act of 1968.

In response to the Watts riots in 1965, President Johnson tapped Clark to head a task force to investigate the causes of the riots and develop recommendations to avoid similar “violent outbursts.” In that role, Clark personally talked with – and listened to – many members of the Watts community. The report, which the President never released publicly, included wide-reaching recommendations that sound

How could, as the author asks, a man so committed to principles of equality and justice take on such violent and bigoted individuals? Based on his exhaustive research, numerous interviews, and his personal relationship with Ramsey Clark, Dean Brown thoughtfully attempts to provide an answer. He concludes that Clark became disillusioned with the government, based on his intimate personal experience, because of its recurring tendency to dehumanize its enemies and its hypocrisy in engaging in equally cruel and unlawful activity. In response, Dean Brown suggests, Clark pursued a very different and opposing path. Clark always managed to find humanity in even the worst of his clients while simultaneously holding his own government accountable for failure to act consistently with its professed values. But Dean Brown acknowledges that Clark was a complex person and his answer is somewhat incomplete.

My own take after reading the book tracks that of the author. There is no simple answer. But I do believe, as Ramsey Clark stated, that he loved his country very deeply. That love was forged in the post-World War II era when the U.S. was the greatest country of that time. But even then, Clark believed fervently that the United States could only be truly great if, and only if, it worked tirelessly to achieve fully its aspirational goals of liberty, equality, and justice for all. Clark spent his life courageously working toward that end. And that required, sadly, frequent and strident criticism of the government when it failed to do so.

The life of Ramsey Clark so eloquently presented by Dean Brown has great relevance and valuable lessons for our time – particularly for our profession. If nothing else, it will make you think deeply about what it means, or should mean, to be an American. As Lonnie concludes: “Whether you agree with him, love him or hate him, if you are not inspired by his cosmic journey, you must not have been paying attention.”

PRO BONO SPOTLIGHT

By: Caitlin A. Torney Director of Pro Bono Legal Aid of East Tennessee

Serving the Legal Community in Assisting Low-Income Persons To Navigate the Justice System

WHAT’S IN A NAME CHANGE?

Names are deeply woven into the fabric of our daily existence. They are not just labels; they carry our identity, heritage, and personal story. A name is a key component of our legal and social identity, influencing how we see ourselves and how others perceive us. We use our name daily in countless ways: introductions, showing ID, receiving mail, and signing official documents. When a name no longer aligns with our identity or creates practical issues, changing it can be crucial to feeling authentic and comfortable in our everyday lives.

People want to legally change their names for a variety of reasons. First, a name change can reflect a change in family status or a desire to affirm a family heritage. We regularly have clients who want to honor a stepparent or family member who effectively raised them or to distance themselves from a name that they link to abuse or abandonment. Other clients want to return to their maiden name to reclaim their individual identity but failed to do so during their initial divorce. For a second cohort, a name change is a declaration of their new or true identity. This is especially true for individuals in the LGBTQ+ community. This change is a powerful affirmation of their true selves and a critical step in their journey of self-acceptance and recognition.

Similarly, people who have undergone significant personal transformation, such as converting to a new religion or embracing a new artistic career, might change their names to reflect these new aspects of their identity. Finally, sometimes the reasons for a name change are more practical. Errors in the spelling or cultural misunderstandings can occur and lead to mistakes. These mistakes can cause considerable inconvenience and confusion, and correcting these errors through a legal name change ensures that all personal records are accurate and consistent.

Despite the importance of a name, the process of changing it formally through the court system can be daunting to a lot of people. The paperwork, legal procedures, and court appearances involved can feel overwhelming, especially for those unfamiliar with the legal system. This is where the Virtual Pro Se Name Change Clinic steps in. The clinic is designed to help clients navigate the complex process of legally changing their names and is a favorite among both clients and volunteer attorneys for its accessible and supportive clinic design.

Attorney volunteers and clients log into a Zoom Room on a

Thursday afternoon starting at 4:30 PM. Attorney volunteers are provided with training materials and all pleadings ahead of the clinic. During the clinic, clients and volunteers are assigned to private breakout rooms where the attorneys meet with clients to evaluate their cases, assist in filling out the necessary pleadings, go over what to expect at a hearing, and answer any questions clients may have about the steps involved. This personalized guidance demystifies the legal process and provides clients with the confidence to proceed on their own. The virtual nature of the clinic enables attorney volunteers and clients from counties across East Tennessee to participate from the comfort of their homes or offices.

In addition to the virtual sessions, Legal Aid of East Tennessee partners with local organizations in some offices to hold “filing parties.” These events provide clients with free printing and notary services, assistance with filing fees, and an opportunity to ask last-minute questions. These partnerships enhance the support system for clients, making the name change process even more accessible and manageable.

The success of the Virtual Pro Se Name Change Clinic hinges on the dedication of its volunteer attorneys. We hold these clinics semiannually and plan to have another one early this fall. We encourage volunteers to sign up and participate in upcoming clinics. Volunteers receive training resources, all necessary pleadings, and ongoing support during the clinic. Additionally, all time spent at the clinic is eligible for dual credit CLE hours. To sign up, visit our website and check out our upcoming events. Look for information in TBA Today and through the KBA, or feel free to email me directly. Your participation can make a significant difference in helping individuals achieve a name that truly reflects who they are.

Upcoming Clinic Opportunities

Debt Relief Clinic: In person at the Public Defender’s Community Law Office at 1101 Liberty Street in Knoxville. Signup via the KBA website.

• Saturday, August 17 9:00 AM – Noon

• Saturday, November 9 9:00 AM – Noon

Legal Advice Clinic for Veterans: In person at the Public Defender’s Community Law Office at 1101 Liberty Street in Knoxville. Phone advice options available. Signup via the KBA website.

• NOTE: The clinic will be held bimonthly in 2024. • Wednesday, August 14 Noon – 2:00 PM. • Wednesday, October 9 Noon – 2:00 PM

Health Care Power of Attorney Clinic: Knoxville Academy of Medicine at 9032 Cross Park Dr in Knoxville. Signup information to come.

Saturday September 21st 9AM – Noon.

TELL ME A STORY

By: Brooke Spivey Knox County Public Defender’s Community Law Office

DON’T FORGET TO HYDRATE

My first week of law school was a blur. I was surrounded by new people, in a new place, with raging imposter syndrome. We spent the first week as a big group in sessions with professors, attorneys, judges, and other professionals speaking to us about the journey we were about to embark on.

Candidly, I don’t remember a lot about that week, but the one thing I do remember vividly is what I’ll refer to as the “doom speech.”

The speaker told us to look around the room and started talking about percentages. Percentages for depression, substance abuse, and burnout among the legal profession. I remember thinking, “Man, that really sucks for you guys, but I’m good.”

Fast forward three years into practicing as an attorney, and I found myself in the trenches of burnout. I was not sleeping. I was not taking care of myself. I dreaded work every single day. All clear signs of burnout.

Here I was standing at the bottom of a hole I dug, and all I can see is the light at the top and no way out.

What no one prepares you for is once you realize you’re burnt out, now what? Instead, we’re taught to avoid burnout. But what if it’s too late?

win.

One of the phrases we all like to throw out to fix everything is selfcare. But what truly is self-care? The media leads us to believe that selfcare is big acts like vacation, a massage, or treating yourself with a gift. However, when someone is in the critical stage of burnout, the energy to do these acts seems out of reach.

So now what?

I won’t say I know all the answers to burnout or how to fix it. I do know what worked for me.

First, find a good therapist. Second, start small. Third, remember your why.

There were days where it was a miracle that I showed up, much less had anything left to give back to myself at the end of the day. I found one thing that I could control and seemed manageable. I drank water. I may have lost every hearing I had that day, my to-do list seemed unending, and my voicemail box was full. But, I drank water, and for me that was a

IN

LIMINE, continued from page 23

Professionally, I am driven by a desire to defy expectations and overcome challenges. Growing up, I faced discouragement and stereotypes that suggested I wouldn’t succeed, whether due to my ethnicity, upbringing in the South, or being in ESL. I was often one of the few Hispanic/Latino individuals at my school, feeling like an outsider. These experiences fueled my determination to prove the naysayers wrong and to contribute positively to my community. I realized that I could be an agent of change in breaking down barriers and promoting diversity within the legal profession.

Personally, my passion lies in bridging my love for science with the practice of law. Science was my first love in education, where I marveled

Once I started noticing the positive response I had to completing such a simple task for myself, adding other things became easier and easier. First was water, then was practicing mindfulness. Practicing mindfulness through a meditation app on my phone turned into attending in-person yoga classes. And yoga classes turned into taking my first vacation in three years.

Now I didn’t just drink water and all of my problems were healed. It took a lot of time and effort. And my path to climbing out my hole may not look like anyone else’s. However, slowly but surely, it worked for me.

Lastly, if you’re like me, you chose this profession because you were passionate about it and/or you wanted an opportunity to truly make a difference. If that resonates with you, you have probably heard the phrase “remember why you started.”

From a very young age, I was one of those kids who knew exactly what I wanted to do.

In elementary school, we completed a time capsule, and I had my whole life planned out.

It asked a few basic questions: Who is your hero? My mom

What will be your first car? Honda Accord

Where will you go to college? Appalachian State

What will you study? Law

Although 11-year-old Brooke didn’t know much, she had a plan. My first car was a blue Honda Accord. I went to Appalachian State for undergrad before I hopped over the mountain to Tennessee to go to law school. And, yes, my mom is still my hero.

In order to sustain a passion-driven practice of law, I have to remind myself on the bad days why am I even here in the first place. I keep the time capsule paper from elementary school framed on my desk now as a reminder.

When I find myself slipping back into the hole I know all too well, I get out my favorite water bottle and remind myself I am living 11-yearold Brooke’s dream.

at how individual elements contribute to a larger framework. Law, similarly, provides a structured approach to problem-solving and protecting individual rights. I am particularly interested in the intersection of law, science, and entrepreneurship, aiming to contribute to advancements in both fields while safeguarding innovation and individual interests. By pursuing a career in law, I see an opportunity not only to advocate for justice and fairness but also to empower others who may face similar challenges. I am committed to making a meaningful impact in the legal and scientific communities, striving to create positive change and uphold principles that I deeply value.