October 2023 - Volume 51, Issue 9

COLLABORATION KEY FOR ABUSE SURVIVORS

Ursula Bailey

Meagan Collver

Daniel Ellis

Officers of the Knoxville Bar Association

KBA

Luke Ihnen

Hon. E. Jerome Melson

William A. Mynatt, Jr.

T. Mitchell Panter

Samantha Parris

Courtney

Charles S.J. Sharrett

Hon. Zachary Walden

Volume 51, Issue 9

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 Marsha Watson (522-6522).

Publications Committee

Executive Editor Cathy Shuck

Executive Editor Sarah Booher

Executive Editor Melissa B. Carrasco

Brandon Allen

Anita D’Souza

Elizabeth B. Ford

Jennifer Franklyn

Joseph G. Jarret

F. Regina Koho

Matthew R. Lyon

Angelia Morie Nystrom

Katheryn Murray Ogle

Laura Reagan

Ann C. Short

Eddy Smith

Grant Williamson

Managing Editor Marsha Watson KBA Executive Director

Board of Governors

Spencer Fair

Epps Read Vanessa Samano

The Knoxville Bar Association Staff

Marsha S. Watson Executive Director

Tracy Chain LRIS Administrator

Jason Galvas LRIS Assistant

President Loretta G. Cravens President Elect Carlos A. Yunsan Treasurer Jonathan Cooper Secretary Rachel Park Hurt Immediate Past President Jason H. Long

Tammy Sharpe Director of CLE & Section Programming

Jonathan Guess Database Administrator Bridgette Fly Programs & Communications Coordinator

SECTION NOTICES & EVENT CALENDAR

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 522-6522.

Alternative Dispute Resolution Section

The ADR Section plans regular CLE throughout the year. Join the ADR Section for these upcoming CLE programs “Enhancing Meditation Success: Tips to Help Your Mediator In the Realm of Mediation” on October 19 and “Mediator Roundtable: Reflections, Regrets and Lessons Learned” on November 7. Save the date for the annual CLE program “Mediation: Practice & Ethics Update,” scheduled for December 19. If you have a CLE program topic or speaker suggestions, please contact the ADR Section Chairs Joe Jarrett (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 November 4, and volunteer registration is available at www.knoxbar.org. Save the date for the annual CLE program “Bankruptcy Case Law Update 2023” on December 15. If you have a CLE program topic or speaker suggestions, please contact the Bankruptcy Section Chairs Tom Dickenson (292-2307) or Greg Logue (215-1000).

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. 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. Save the date for the annual CLE program “Criminal Law Rowdy Roundup” on November 15. If you have suggestions for CLE topics, please contact Section Chairs Joshua Hedrick (524-8106) or Sarah Keith (931-260-5866).

Employment Law

The Employment Law Section is intended for management and plaintiffs’ counsel, in addition to in-house and government attorneys. Join the Employment Law Section for the annual CLE program “Employment Law Update” on October 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 (525-0880), 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. Save the date for the annual CLE program “TN Family Law Update” on December 5. If you are interested in getting involved or have suggestions for CLE topics, contact Section Chairs Jo Ann Lehberger (539-3515) or Steve Sharp (971-4040).

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 Hon. Suzanne Bauknight (545-4284) or Ron Mills (215-2050).

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 2021 will automatically be opted-in to the section. If you would like to get involved in planning Section activities, please contact Section Chairs Kathryn Haaquist (525-0880) or Nicole Turbinton (221-7542).

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 (6593833).

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) or Brittany Dykes (214-7869).

PRESIDENT’S MESSAGE

By: Loretta G. Cravens Eldridge & Blakney, P.C.

WHEN SEPTEMBER ENDS

“I’m so glad I live in a world where there are Octobers.”

–Lucy Maud Montgomery, Anne of Green Gables

Ms. Montgomery was on to something.

I have always thought that there is something special about October. It’s one of my favorite months to be an East Tennessean. Fall, for me, begins with the first Saturday in September when the VOLS kick off and college football season commences. (Is it a coincidence that I can hear Rocky Top coming from somewhere outside as I write?)

Fashion trends orange on Friday afternoons on downtown streets, and there is an energy in the air, a buzz, an anticipation that grows. By the time October arrives, it is almost palpable. It usually comes with an uptick in clients, no correlation, I’m sure.

It also means that hockey season is upon us, and the Knoxville Ice Bears will retake the ice just down the street from my office. Sunny Saturdays of football, the back-and-forth ballet of a hockey game, cool silent mornings with a warm cup of coffee, an evening bonfire. The predictable turn of seasons as we bid farewell to summer and welcome the new fall complete with new possibilities and the changing of the leaves. I am a lover of summer and spend most of the winter months just a bit grumpy about the weather, but October is just perfect. Somehow everything seems a bit more settled, more connected. Maybe I am simply more conscious and intentional around this time of year.

This issue of DICTA is our super-circulation issue, so I know some of you will not have read my column before, but I hope you will hear me out. I also hope you will accept the invitation of a new season and the KBA and become more connected with our bar. Let me take a pause here to congratulate all of those who successfully completed the July Tennessee Bar Exam and are poised to join our ranks as attorneys in the coming weeks. Welcome! I hope you will take advantage of KBA membership. It is FREE for new lawyers licensed to practice during the first two years of admission in any State. Please take a moment and go to knoxbar.org (or scan the QR code found in the insert to this issue of DICTA) and take advantage of membership and all the benefits it has to offer. The lawyers of our bar see you, want to meet you, and want to welcome you to the practice of law. Joining the KBA is the best way to plug in, make more connections, and begin your career with intention.

For those of you receiving this issue who are non-members in Knox or the surrounding counties, please take some time to explore the resources found inside this publication. You will find educational and entertaining information and articles, upcoming CLE, events, networking, and service opportunities. Please consider joining us. Members receive access to free legal research through Decisis, discounts

through our many partners on goods and services useful in both law and life, unparalleled opportunities to meet and interact with members of the judiciary and other attorneys in meaningful and authentic ways, and so much more. And if you join now, you will not only receive membership for the remainder of this year, but also for 2024, so it is of even greater value! I promise you that you will feel more connected and be more conscious and intentional with your practice.

Now, as I conclude this article on a Friday afternoon in downtown Knoxville, I think I will wander outside and see how much orange I can see, what friends I can meet, and the source of the free concert I overhear. Happy October!

PRACTICE TIPS

By: Reece Brassler Kennerly, Montgomery & Finley, P.C.

BALANCING INNOVATION AND COPYRIGHT: FAIR USE IN MACHINE LEARNING TRAINING

Introduction

The rapid advancement of machine learning has transformed industries, powering innovative applications and predictive models. However, the use of copyrighted materials as training data has raised complex questions about the doctrine of fair use under copyright law. In this article, we explore the intricacies of fair use as it pertains to training in machine learning, aiming to provide clarity in navigating this legal landscape.

Understanding Fair Use

Fair use is a legal doctrine enshrined in U.S. copyright law that permits certain uses of copyrighted materials without infringing on the copyright holder’s exclusive rights. These uses are considered “fair” when they serve specific purposes, such as criticism, commentary, news reporting, teaching, scholarship, or research. The determination of fair use is context-specific and relies on a careful analysis of several key factors. The Four Factors of Fair Use

Courts evaluate whether a particular use qualifies as fair use by examining four primary factors:

1. The Purpose and Character of the Use: Is the use transformative, meaning it adds new expression, meaning, or purpose to the copyrighted material? Transformative uses are more likely to be considered fair.

2. The Nature of the Copyrighted Work: Is the copyrighted work factual or creative? Creative works are afforded greater protection, but fair use is not precluded for creative works.

3. The Amount and Substantiality of the Portion Used: How much of the copyrighted work is used, and is it a substantial portion? Using only a small portion of a work is more likely to be considered fair.

4. The Effect of the Use on the Market for the Original Work: Does the use harm the potential market for the original work? A use that does not negatively impact the market is more likely to be considered fair.

Fair Use in Machine Learning

The application of fair use principles in the context of machine learning introduces unique considerations:

1. Transformative Use: Machine learning often involves transforming copyrighted data into new patterns, insights, or predictions, making it potentially transformative.

2. Nature of Copyrighted Works:

Datasets used for machine learning can contain both factual and creative elements. However, the primary focus is typically on the data’s functional purpose rather than its creative expression.

3. Amount and Substantiality: Machine learning may necessitate the use of entire copyrighted datasets, but the significance of individual elements to the model’s outcome plays a critical role in determining fair use.

4. Effect on the Market:

The application of machine learning research or tools may not compete with the original copyrighted works, which can mitigate the effect on the market.

Navigating Fair Use in Machine Learning

Ensuring compliance with fair use principles in machine learning training requires a thorough approach:

Legal Guidance: Seek legal counsel to evaluate the specific context and assess whether fair use applies to the use of copyrighted materials in training data.

Transparency and Attribution: Maintain transparent records of data sources and provide proper attribution when applicable, fostering responsible data usage practices.

Public Domain and Licensing: Utilize public domain data and data with appropriate licenses to avoid copyright complications.

Internal Policies: Develop internal guidelines and policies that align with fair use principles, promoting consistent and ethical practices within the organization.

Conclusion

The convergence of machine learning and fair use presents a multifaceted legal landscape. Understanding the four factors of fair use and their application in the context of machine learning is crucial for researchers, developers, and organizations. Adherence to fair use principles, transparency, and responsible data usage are paramount to navigate this evolving legal terrain, striking a balance between innovation and copyright protection.

Confession

The article you just read was “written” by OpenAI’s ChatGPT in response to the following prompt: “Write a legal article concerning fair use and training in machine learning.”

When I set out to write this article, I contemplated general topics concerning AI and its intersection with Intellectual Property law, including artists’ VARA rights in connection with AI-generated art and fair use in the context of machine learning. I intended to experiment with various generative AI tools as part of my writing process but did not intend to actually use the fruits of machine learning algorithms to compose the article. ChatGPT’s response to my prompt, though, compelled its inclusion for reasons I did not expect.

What I expected was a broad overview of the fair use doctrine and how it could be implicated in the context of machine learning. What I received was an analysis (albeit diluted) of the Section 1071 fair use factors in support of a thinly-veiled argument that the fair use doctrine should apply to protect companies using copyrighted materials to train machine learning algorithms.

The natural tendency of the algorithm to argue in support of our AI overlords’ work immediately raised concerns about implicit biases in machine learning tools at large.

ChatGPT appeared to further display AI-friendly bias in response to my (admittedly ambiguous) prompt concerning VARA rights and AIgenerated art. When asked to “write an article concerning artists’ VARA rights in connection with AI generated artwork,” the chatbot raised the

continued on page 12

By: Donald A. Bosch The Bosch Law Firm, P.C.

MAKING A MARK–JUSTICE DWIGHT TARWATER

Making a mark. While not sure of the precise origin of the phrase, I suppose it reaches back to ancient, and sometimes not-so-ancient times, when an individual would place their “mark” on a document signifying a commitment or accomplishment.

A few people are fortunate enough to leave a mark in their lifetime that demonstrates achievements like extraordinary service, intellect, awards and family. My friend, Dwight Tarwater, has left countless such marks in many facets of his life, and now sets off for even more as our newest Justice of the Tennessee Supreme Court.

I first met Justice Tarwater (I know, it’s going to be a challenge for many of us who know him as just “Dwight”) not as much from the legal community, but from our common roots in the swimming community. In the very early 90s, I had the good fortune of coaching and working with Olympic gold medalist Mel Stewart. Dwight’s oldest son, Davis Tarwater, was a quiet (who knew?), bubbling, little age-group swimmer who had just watched Mel Stewart win an Olympic gold medal in Barcelona, Spain during the 1992 Olympics. One day, Dwight ran into me at the Plaza Tower version of the Lunchbox (where the majority of daytime legal work really took place in the 90s) and asked if I could arrange a meeting between young Davis and Mel. Mel, always gracious with such things, agreed and one evening Mel, Dwight, Davis and myself met at the old Student Aquatic Center at UT, as Davis intently engaged Mel and looked with awe at his shiny gold medal from the Olympics, which he had brought along to show Davis. As good fate would have it, some 12 years later, Davis would go on to win the same event that Mel had won at the NCAA Swimming Championships and 20 years later would possess his own shiny Olympic gold medal from the 2012 Olympics in London, England. And off our friendship began.

For those of you who may not know much about Justice Tarwater, he was born in Knoxville, Tennessee, right in the middle of the Boomer generation. He graduated from Webb High School, then from the University of Tennessee in 1977 with a Bachelor of Arts and as a UT Torchbearer, and from the University of Tennessee College of Law in 1980. He began his career as a law clerk for Judge Houston Goddard, of the Tennessee Court of Appeals. A year later he began as an associate with the law firm of Egerton, McAfee, Armistead and Davis. Four years later he became a partner, until 1987. At that time, along with mentor Don Paine and friend and colleague Tom Bickers, they formed the law firm of Paine, Tarwater and Bickers, where Dwight remained until 2014.

The year 2012 brought the highest of highs and lowest of lows to Dwight and his family. That summer, as mentioned earlier, his oldest son, Davis, won and Olympic gold medal in swimming, providing the capstone to the family’s journey with Davis. But later that year, tragedy

would strike when Dwight’s wife and mother of their three children, Mary Tarwater, passed away suddenly.

The next two years were a difficult adjustment for Dwight and his children. I suppose that Dwight sensed a need to find new ways to serve, a new “mountain” to climb, and a change in the routine that he had previously navigated. A call came from his longtime friend, Bill Haslam, then Governor of our state, who asked Dwight to come to Nashville and serve as his General Counsel. In that role, Dwight flourished, shepherding through critical legislation on all fronts and on occasion aiding in stopping other bills from passing that he and the Governor did not believe would serve the best interests of all Tennesseans. Upon Governor Haslam’s conclusion of his last term, Dwight returned to his roots with the firm he founded.

But Dwight still felt that he had more to give by way of service to Tennessee. When the Honorable Sharon Lee decided to retire after a long and distinguished career, Dwight decided to seek the Governor’s appointment and legislative confirmation to become a Justice on the Tennessee Supreme Court. After a rigorous process of interviews and legislative review, he was selected by Governor Bill Lee and confirmed by 00% of the members of both chambers of our state legislature, Democrat and Republican alike. So, as of September 1 of this year, Dwight is now Justice Dwight E. Tarwater, and subject to his retention vote next year, will serve out the remainder of Justice Lee’s term, which expires in 2030.

Dwight and Mary raised three children, successful in their own right. Their oldest Davis, mentioned earlier, graduated from the University of Michigan with a Bachelor’s degree and from Oxford University with a Master’s Degree in Latin American Studies. Davis is married to Brittany, who was also an All-American swimmer and is currently a news anchor with WVLT-TV here in Knoxville. Justice Tarwater’s daughter, Katherine, received her degree in Education from the University of Georgia and is married to Dr. Brian Freeman. Both Davis and Katherine, along with their spouses, have a total of five children. Finally, Dwight’s third child, Dwight, “Jr.” (ironically referred to as “Little Dwight” who stands six inches taller and 50 pounds heavier than his father), received his Bachelor’s degree from Cornell University and Master’s of Public Health from the University of California at Berkeley, all while playing Division I basketball finishing his collegiate career starting for Cal-Berkeley Head Coach Cuonzo Martin. Dwight, “Jr.” and his wife Charity are expecting their first child this December, giving Justice Tarwater at least nine people who can talk back to him with little fear of repercussion.

Even with the professional accolades that are listed here, along with the many accomplishments that come from skillfully representing clients continued on page 8

JUDICIAL NEWS, continued from page 7

such a Fortune 500 companies, pro-bono cases too countless to name, and the interests of all Tennesseans as Counsel to the Governor, maybe the best way to know Justice Tarwater is to hear it from his children. Davis says, “My dad instilled in us the importance of doing things the right way. Do everything ethically, as a gentleman and with humility. This, as much as anything, is what I think if when I think of my father.” His daughter Katherine says, “He always stressed this intrinsic sense of right and wrong. As long as we tried to do the right thing, even if it ended wrong, he was very accepting of our mistake, so long as we recognized and learned from it.” Katherine went on to tell me of a story receiving a dreaded “red-light camera ticket.” However, the car was registered to her father. She made the mistake of not telling him in advance that he was going to receive a notice. Apparently the violation was so egregious that there was no question in Katherine’s mind after seeing the flash of the camera that she had been nabbed. Upon receiving the notice, Dwight took the opportunity to remind her of the family values that he and her mother, Mary, had instilled in them and made sure that she owned the mistake and promptly had her pay the ticket from her own funds.

On a lighter note, Katherine pointed out a little-known skill of Justice Tarwater – the ability to spell and speak backwards any sentence, song or line of literature, as it you were spinning an album backwards on a turn table. Just imagine the fun and distress that the Court might have should Justice Tarwater chose to practice this party trick on the bench.

Finally, “Little Dwight” said that his dad, “Always wanted us to dream big and follow those dreams. He and my mother gave us that chance and never failed to remind us to dream even bigger than we could imagine. We had this theme in our family about climbing mountains, and after you climb a mountain, you have to find the next mountain to climb. I am so proud of him finding yet another mountain to climb by becoming a member of the Tennessee Supreme Court.”

“Little Dwight,” being the youngest sibling, could not resist to remind me of a few funny stories about his father. He recalls that not once, but three times Dwight has managed to back his car through a closed garage door. Also, during one holiday season, kindly neighbors brought by a tin of treats which Dwight thought were intended for human consumption. After eating a handful and commenting that they did not taste very good, he later learned that they were meant for the pet dog, not humans.

Justice Tarwater’s children illustrate by way of their own accomplishments, memories and humor that Justice Tarwater is really just one of us. He is kind, funny, smarter than most of us and as one of our other friends said, “just a guy.” I am honored to have him as a friend, and believe that he will serve us well as the next member of the Tennessee Supreme Court. He has, and certainly will continue, to leave his mark.

PRIVILEGED TO BE A LAWYER

By: Darrius Dixon Lewis Thomason P.C.

A JOURNEY OF GRATITUDE THROUGH A VOCATIONAL MOSAIC

As I sit down to write this article, I am overwhelmed with a profound sense of appreciation for the opportunity to practice law, a profession that has allowed me to bring together a diverse tapestry of knowledge, skills, and experiences from the many jobs I’ve held throughout my life. Each of these jobs has left its mark on me, contributing to the attorney I am today, and I feel privileged to have walked this unique path.

My career journey began in the hot and bustling kitchen of a Waffle House, where I worked as a fry cook in the summer during college. It was here that I learned the importance of diligence, attention to detail, and the value of hard work. The long hours and fast-paced environment taught me the art of staying cool under pressure, like the time a bus carrying 60 hungry and agitated senior citizens broke down in front of our store — these are certainly skills that have served me well in the legal profession.

After my stint at Waffle House, I transitioned into teaching music to high schoolers and performing part-time for a professional sports team in Nashville, specifically their drumline. These experiences not only nurtured my passion for music but also instilled in me the ability to communicate complex ideas effectively. Teaching music to sassy, back-talking teenagers required patience and adaptability, skills that are essential in the legal field when working with clients from all walks of life.

Performing in a professional drumline added another layer to my skill set—teamwork. Just as musicians harmonize their notes, lawyers must collaborate with colleagues, clients, and experts to build a strong case.

My journey continued in the world of electronic retail sales and management. Here, I honed my customer-centric approach, realizing the importance of active listening, empathy, and finding solutions to problems. These skills are invaluable when advocating for clients and negotiating on their behalf.

Transitioning into event security, I learned the art of anticipation and crisis management. The ability to foresee potential issues and respond swiftly is a skill I carry with me into the courtroom, where anticipating opposing arguments and devising counterstrategies is essential.

My journey reached a turning point when, after college, I joined the ranks of law enforcement as a police officer. This experience was transformative, providing me with a unique perspective on the law’s enforcement side. It taught me the significance of upholding justice, respecting the law, and serving the community with integrity even if, at times, people in that community look down on your profession.

However, it also revealed the complexities and challenges within the justice system. This firsthand exposure to the intricacies of the law stoked my desire to transition into a legal career. It was here that I truly realized the power of my diverse background.

Today, as I practice law, I carry the weight of these experiences, both

good and bad, with me. I’ve learned that the valuable lessons I acquired in each job have shaped me into a more well-rounded attorney. My journey has taught me humility and appreciation for the diverse experiences life has to offer.

I am privileged to be a lawyer practicing at a respected firm that saw my work history as an asset, and I owe a debt of thanks to every job I’ve held along the way. The lessons I’ve learned, the skills I’ve acquired, and the experiences I’ve had have all contributed to the attorney I’ve become. My path may have been unconventional, but it has given me a unique perspective that I treasure and utilize to better serve my clients.

In the end, I’m not just a lawyer; I’m a culmination of all the roles I’ve played in life. And for that, I am eternally grateful.

WHAT I LEARNED ABOUT INCLUSION AND WHY IT MATTERS

By: Daniel L. Ellis Law Firm of Daniel L. Ellis

WHAT PERSON FIRST AND IDENTITY FIRST LANGUAGE MEANS TO ME

I struggled with executive processing, knowing left and right, and many other aspects of school all the way through. However, as a person with an invisible disability, I had the double-edged sword and privilege of masking often at my disposal. I could mask or hide my disabilities most of the time, which is something that other people with disabilities cannot do in many settings. Masking is also something that no one should have to do, but stigma, discrimination and social pressures make it an attractive option, albeit an isolating one. What I learned about inclusion is best explained through understanding People First Language (PFL) and Identity First Language (IFL). Simply put, PFL is about not discriminating and IFL is about acceptance and community for people with disabilities, whether that be neurodivergent people, Deaf people, or others who choose to self-identify with a part of themselves that law, medicine, and society calls a disability.

When I first learned about People First Language (PFL) as the disABILITY Resource Center’s first Law Clerk under the supervision of Professor Otis Stephens, I thought it was a panacea. The phrase “individuals with disabilities,” is an example of PFL, and is even codified in the original and current text of the Americans with Disabilities Act.1 Organizations like People First used PFL as a way to fight back against the stigma of having or being perceived as having a disability.

In many ways and circumstances PFL is helpful, but as numerous disability scholars have argued, person-first language ‘may have overcorrected to the point of further stigmatizing disability.’2 By ‘call[ing] attention to a person as having some type of “marred identity”3 personfirst language may do ‘the exact opposite of what it purports to do’ by signaling ‘shame instead of true equality4’; it may ‘reinforce the notion that it is “bad” to have a disability.5’ While by decentering disability we help people without disabilities to see the person and not just the disability, we don’t change the negative way that we view the disability.

There are three general ways of looking at disability that are relevant here: the medical model of disability, the social model of disability, and the cultural or identity model. The medical model of disability historically sees disability as an aberration compared to normal traits and characteristics, to be cured or fixed. The social model of disability views disability as an expression of the barriers to being able to fully participate in home and community life. For example, the social model would focus on a wheelchair user’s difficulty in accessing a dining room or basketball game in a gymnasium because of lack of ramps, accessible walkways or accessible seating. In other words, the disabling force is an inaccessible society, not the individual.

The cultural or identity model is something different entirely. At a basic level, cultural or identity model and Identity First Language accepts that the individual’s disability plays a role in who the person is and reinforces disability as a positive cultural identifier.6 Some people with disabilities prefer Person First Language (PFL) while others prefer Identity First Language (IFL). Studies and self-advocates from the Autistic and Deaf communities are often identified as individuals and communities of individuals with disabilities with a high degree of preference for IFL over PFL. One survey found that Autistic adults preferred to self-identify using identity-first language (87%); however, a sizable minority of adults

with autism prefer to self-identify with person-first language (13%).7 Note that there is not unanimity, and while some individuals view autism as an important part of their identity, that identity-first language better reflects and respects neurodiversity. “Others in the autism community, however, prefer person-first language—including many parents of children with autism.”8

Members of the Deaf9 Community often feel similarly. Shannon Wooldridge, a Public Affairs Specialist, NIH Office of Communications and Public Liaison provides this practical advice:

Since the Deaf and hard-of-hearing community is diverse, consider asking for a person’s preference when writing a story about one person. If writing generally, consider using what the community at large uses. Identity-first language options may include deaf people, deaf students, and/or the Deaf community.10

Both proponents of person-first language (PFL) and identityfirst language (IFL) are united in their quest to maximize respect and inclusivity of people with disabilities and health conditions.11 Language changes between and within generations. Even PFL and IFL are not universally accepted. What I learned about inclusion has come from personal connections and experience working with and for others with disabilities, and from my own experiences. Stigma isolates – acceptance builds community. One big moment of self-acceptance occurred for me when I found out that a judge couldn’t tell his right from his left either and had written a Law Review article about it!12 I can remember the elation that I wasn’t alone. I’ve discovered that individual acceptance of different abilities matters. I’ve discovered that being a part of a community of people with disabilities and neurodivergent people leads me to greater self-acceptance and personal and professional excellence.

1 42 USC §12101(a)(3), “discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;”

2 Gernsbacher, M. A. (2017). Editorial perspective: The use of person-first language in scholarly writing may accentuate stigma. Journal of Child Psychology and Psychiatry, 58(7), 859-861 discussing Andrews, E.E., Kuemmel, A., Williams, J.L., Pilarski, C.R., Dunn, M., & Lund, E.M. (2013). Providing culturally competent supervision to trainees with disabilities in rehabilitation settings. Rehabilitation Psychology, 58, 233–244.

3 Vaughan, C. Edwin. “People-first language: An unholy crusade.” Braille Monitor 52.3 (2009).

4 Jernigan, Kenneth. “The pitfalls of political correctness: Euphemisms excoriated.” Braille Monitor 52.3 (2009).

5 La Forge, Jan. “Preferred language practice in professional rehabilitation journals.” The Journal of Rehabilitation 57.1 (1991): 49-52 at p. 51.

6 Association of University Centers on Disabilities, Portrayal of People with Disabilities. Last Visited September 8, 2023. https://www.aucd.org/template/page. cfm?id=605

7 Taboas, A., Doepke, K., & Zimmerman, C. (2023). Preferences for identity-first versus person-first language in a US sample of autism stakeholders. Autism, 27(2), 565–570. https://doi.org/10.1177/13623613221130845

8 Id.

9 Uppercase Deaf typically refers to people who share a signed language and culture continued on page 12

AROUND THE BAR

By: Heidi A Barcus Lewis Thomason Chair, Knoxville Bar Foundation

RECOGNIZING DISTINGUISHED ATTORNEYS AND AWARDING GRANTS FOR OUR COMMUNITY

Established in the early 90’s, the Knoxville Bar Foundation provides a a vehicle for grants in support of important programs and projects in our community. The funding for the grants comes primarily from the Fellows of the Foundation. The Fellows program publicly honors and recognizes attorneys who have distinguished themselves in the legal profession and in service to the Knoxville legal community. This year’s introduction ceremony was held on June 20, 2023, at the Radius Rooftop Lounge in downtown Knoxville. More than 100 members gathered to honor and recognize the following members of the 2023 Class of Fellows:

Lonnie T. Brown, Jr.

Karen G. Crutchfield

Francis M. Hamilton, III

Carol Anne Long

Elizabeth K.B. Meadows

J. Randolph Miller

R. Brad Morgan

Beverly D. Nelms

H. Douglas Nichol

Courtney Epps Read

Mabern E. Wall

Taylor A. Williams

The Fellows were selected from an outstanding list of nominees received from the members of the Foundation. This list was narrowed by a vote of the Board of Directors due to the limited number of Fellows that may be chosen for each class. The reputation that each new Fellow holds in our legal community reveals that the Class of 2023 exemplifies the highest of ethical and professional standards and consists of individuals who continue to have a positive impact on our profession.

The Foundation is also proud to announce that it has awarded grants this year to the following entities:

CASA of East Tennessee for recruiting and training volunteers

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

Knoxville Bar Association – Legal History Videos

Knoxville - Knox County Community Action Committee Office on Aging in support of its Grandparents as Parents Program

Legal Aid of East Tennessee to continue funding the Knoxville Bar Foundation Fellowship for hiring a law student for the Pro Bono Project

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

Tennessee Immigrant and Refugee Rights Coalition to fund an immigration legal clinic in East Tennessee

Tennessee Innocence Project to help fund law student interns and externs

The Florence Crittenton Agency to assist with youth struggling with mental health and substance abuse

YWCA of Knoxville in support of its Victim Advocacy Program

The total sum of all grants awarded this year is $25,000.00. The Foundation’s goal is to facilitate and support projects and programs 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 approximately $560,000.00. Each year the Foundation solicits and receives multiple applications for grants. This year the grant requests totaled $75,000.00. Each application was reviewed by the Board of Directors, and a determination was made as to what, if any, sum should be awarded for each application.

The Foundation’s Board of Directors are Adrienne Anderson, Heidi Barcus, J. William Coley, Wade Davies, John Harber, Reggie Keaton, Wayne R. Kramer, Mary Ann Stackhouse, and Charles Swanson.

If you would like to make a financial contribution to help support the work of the Foundation or if you would like to learn more about the Foundation, please feel free to contact me or any other member of the Board of Directors.

you need

you trust

PRACTICE TIPS, continued from page 6

issue of whether “the AI algorithm deserve[s] VARA protection as a creator” and, somewhat eerily, asked “[i]f a human artist or owner decides to alter an AI-generated work, does it infringe upon the moral rights of the original ‘creator?’”

These potential biases unsurprisingly appear to extend far beyond favoritism for machine learning tools and innocuous discussions of complex areas of law.2 Undoubtedly, any inherent bias in machine learning tools will have a far greater societal impact than, and far outweigh any concerns pertaining to, the use of copyrighted materials employed to train their algorithms.

Even so, ChatGPT’s pertinent authorship questions in the context of VARA rights and cogent, albeit oversimplified, arguments in favor of fair use will have to be addressed as this area of law evolves, and should be kept in mind by artists, businesses, and advising lawyers as they relate to the creation and use of AI-generated media in the course of business. Given that some generative AI experts predict that 90% of internet media may be AI-generated as early as 2026,3 the issues surrounding AIgenerative technology and lawyers interactions with the same will only become more prevalent.

The resolution of pending lawsuits by artists4 and prominent

comedian, Sarah Silverman,5 may shed some light on the issue of fair use and increase pressure on AI-generative technology companies to license the materials used to train their machine learning algorithms, but there will undoubtedly arise even more complex legal issues as AI generative technology pervades all channels of commerce.

1 17 U.S.C. § 107.

2 Leonardo Nicoletti and Dina Bass, Humans are Biased. Generative AI is Even Worse., Bloomberg Technology, https://www.bloomberg.com/graphics/2023-generative-aibias/ (last accessed Sept. 8, 2023).

3 Europol Innovation Lab, Facing Reality? Law Enforcement and the Challenge of Deepfakes at 5, https://www.europol.europa.eu/cms/sites/default/files/documents/ Europol_Innovation_Lab_Facing_Reality_Law_Enforcement_And_The_Challenge_ Of_Deepfakes.pdf (last accessed Sept. 8, 2023).

4 See Complaints in Sarah Andersen, et al. v. Stability AI LTD., et al., filed in the Northern District of California, at https://stablediffusionlitigation.com/pdf/00201/11-stable-diffusion-complaint.pdf and J. Doe 1 et al. v. Github, Inc. et al., filed in the Northern District of California, at https://githubcopilotlitigation.com/pdf/06823/1-0github_complaint.pdf (last accessed Sept. 8, 2023).

5 See Silverman v. OpenAI, Inc., filed in the Northern District of California, at https:// www.courtlistener.com/docket/67569254/silverman-v-openai-inc/ (last accessed Sept. 8, 2023).

WHAT I LEARNED ABOUT INCLUSION AND WHY IT MATTERS,

with other Deaf people including American Sign Language (ASL), Black American Sign Language (BASL), French Sign Language (Langues des Signes Française (LSF)), or any of the other rich signed language. Lowercase deaf or hard of hearing can be a more appropriately applied term to people with hearing loss (with the audiological condition of impaired hearing) or who are deaf, but don’t use ASL nor identify as members of Deaf culture. I.e. someone whose first language is English who loses their hearing entirely at 22 years old is then deaf, but not Deaf.

10 Shannon Wooldridge, Public Affairs Specialist, NIH Office of Communications and Public Liaison, Writing Respectfully: Person-First and Identity-First Language, April

continued from page 10

12, 2023. September 8, 2023. https://www.nih.gov/about-nih/what-we-do/sciencehealth-public-trust/perspectives/writing-respectfully-person-first-identity-firstlanguage

11 Lisa B. Grech, Donna Koller & Amanda Olley (2023) Furthering the personfirst versus identity-first language debate, Australian Psychologist, DOI: 10.1080/00050067.2023.2192863.

12 Hon. Jeffry Gallet, The Judge Who Could Not Tell His Right from His Left and Other Tales of Learning Disabilities, 37 Buffalo Law. Rev. 739 (1988).

HELLO MY NAME IS

By: Jennifer Franklyn Realty Trust Group, LLC

SANJAY RAMAN

This month, in the “Hello, My Name Is…” q-and-a column, we are featuring Sanjay Raman, an Associate Attorney at McAngus Goudelock & Courie. Sanjay practices primarily insurance defense litigation, focusing on issues such as premises liability, auto accidents, construction, and general liability. He is a 2020 graduate of Lincoln Memorial Duncan School of Law and obtained his undergraduate degree in criminal justice with a minor in forensic science from the State University of New York at Oswego. You also may recognize Sanjay as a familiar face, as he is already involved in the KBA, and he co-chairs the Barristers CLE Committee.

What do you enjoy most about your job?

I enjoy the problem solving required to address unique issues that may arise in any given case. I also enjoy being able to handle such a diverse case load. Each case is unique, and insurance defense covers such a wide array of different issues. I never know what type of case may come up next, but that is what sparked my interest in insurance defense and keeps me excited about this type of work.

Where are you from?

I usually tell people I am a transplant from upstate New York, but the real answer would be that I am from all over. I was born in South Dakota and lived in California while in elementary school then moved to upstate New York and lived there through college. My wife and I both moved here from New York when I started law school, but now when people ask where we are from or where home is for us, we say Tennessee.

Have you traveled internationally?

Traveling internationally is something I love doing and hope to have the opportunity to do more of in the future. My dad was born and raised in Malaysia and is one of 10 children. His whole family, including over 40 of my cousins, still lives there. I have been to Malaysia a few times. I have also traveled to Singapore, Australia, England, France, Italy, Monaco, and Vatican City. I am looking forward to adding another country to the list with a trip to Portugal in October.

Who has had the most significant impact on your life?

The person who has had the most significant impact on my life is my dad. I have no doubt that I get my work ethic, outlook on life and ambitions from what he has taught me. He moved from Malaysia to the United States for college. When he moved, he did not know anyone here, was not fluent in the English language, and did not have much. To see what he has been able to accomplish through his hard work has truly been an inspiration.

On a typical Saturday afternoon, where are you, and what are you doing?

During football season, hopefully, I am at Neyland Stadium with my wife, Alex, and our friends, watching the Vols. If it is not football season, I am at home relaxing with my wife and our two golden retrievers, Beau and Riley.

KBA presents the Inaugural DEI Award to Lewis Thomason

The KBA presented its inaugural “Diversity, Equity, and Inclusion Award” to the law firm of Lewis Thomason at the KBA’s annual Bench & Bar Celebration on September 6, 2023. The award honors legal organizations that demonstrate a commitment to advancing diversity, equity, and inclusion (DEI) within the legal profession. Lewis Thomason was recognized as the 2023 Strategic Inclusion Leader for its demonstrable commitment and actions to advance these values by, among other things:

• Attracting and retaining diverse attorneys through the firm’s pipeline programs, including endowed scholarships and diverse law student clerkships;

• Maintaining an active and robust diversity committee;

• Providing leadership opportunities for diverse attorneys; and

• Offering annual inclusivity training.

According to KBA President Loretta Cravens, “The KBA is honored to shine the spotlight on Lewis Thomason for their goal-oriented diversity, equity, and inclusion efforts, and thanks them for developing a plan that may serve as a model for other professional legal organizations.”

Learn more about the KBA Diversity, Equity, and Inclusion Award at www.knoxbar.org.

Brooklyn Sawyers Belk, who serves on the Strategic Inclusion Plan Subcommittee of the KBA’s Diversity in the Profession Committee, presents the inaugural Diversity, Equity & Inclusion Award to Rod Fields, the managing partner of Lewis Thomason’s Knoxville Office, at the Bench & Bar Celebration on September 6, 2023.

TOP

By: Jason H. Long Lewis Thomason

WAYS TO DEAL WITH THE STRESS OF BEING AN ATTORNEY

When Marsha and Cathy approached me about writing this column, the idea was to write something fun and light to serve as a palate cleanser for the substantive submissions in DICTA (I have never been known for my hard-hitting, weighty columns). To date, I have tried to adhere to that concept. This month, I am taking a different turn, a difficult turn. As I write this, I am less than 24 hours from learning that a good friend and fellow attorney took his own life. Several of us in the bar who knew and loved him are, quite simply, stunned. There is no easy way to process suicide, especially when it involves a person like our friend. He was a person of great cheer. Always quick with a joke, he never failed to brighten your day. He always offered support when you needed it. He was the type of person for whom the phrase “Hail-fellow-well-met” was created.

I don’t think anyone saw this coming. I can’t figure out why my friend took his life, and I’m not really sure I am supposed to. Perhaps it had nothing to do with his career. I like to think it was a momentary lapse and a choice made that could not be unmade. At least then I don’t have to think about how long he agonized over this decision without reaching out for the abundant help he had around him. Inevitably though, he will be seen by those who didn’t know him, as a part of the damning statistic that lawyers have the highest incidents of depression, suicide, drug addiction and alcoholism of all the professional fields.

With the thought of my friend foremost in my mind, today I am writing the Top Ten Ways to Deal with the Stress of Being An Attorney. For the record, this is an aspirational list for me. I do not practice what I preach (I am aware that I am the poster child for what not to do on many of the points listed below), although I want to. Reflecting on the death of my friend, maybe it’s time to give a hard look at what I am not doing right.

10. Remind yourself why you became a lawyer. It’s hard to feel good about yourself and your contribution to society when you spend all day arguing with others and answering written discovery. Take time to reflect upon the larger picture and your contribution to our system of justice and organized society. It’s an important role, whatever part you play.

9. Help others. Lawyers are uniquely positioned to help others, whether clients or other attorneys. Take advantage of that. At the end of the day, you will feel better if you can say you helped someone.

8. Celebrate. We dwell on our failures and kick ourselves for poor results. Don’t do that. Learn from failures, but dwell on the successes. They are important.

7. Play. We work really hard. Maybe we have earned a little play time. Find something non-law related you enjoy doing.

6. Balance. It has always been difficult to separate the work life from home life and that is even more true in the age of remote working. Be intentional about time away from the practice, every day.

5. Personal Health. Sleep, exercise, healthy diet. Pretty simple, but I stink at it.

4. Personal time. Sometimes it’s important to spend time alone. Meditating, thinking, zoning out. Whatever works for you. Driving to and from work alone in the car does not count.

3. Mentors. No one can navigate their way through the practice of law without following the trail blazed by those who have gone before. The good news is that most lawyers like to share their experiences. We are natural mentors. Just ask.

2. TLAP. Stop only associating TLAP with drug and alcohol addiction. Yes, they help lawyers who are dealing with those issues and they do a wonderful job. However, they provide a host of mental health services specifically tailored to the legal professions. They are good at their job and they are there for us. It is a sign of intelligence to know when you need help and know how to ask for it.

1. Talk to friends and colleagues. At my old firm, we often used the phrase “don’t be afraid to throw a flag.” If you found that you were in over your head, your obligation was to let someone else know. The key is being willing to throw that flag early enough for other’s help to be useful. By nature, attorneys are achievers. We like to think we can handle anything on our own. We can’t. When trouble first appears, don’t be afraid to throw a flag. Support is all around you.

COLLABORATION KEY FOR ABUSE SURVIVORS

Survivors of abuse need safety, partners collaborating across systems, and prioritized responses to urgent immediate needs that serve as a foundation for helping to regain self-sufficiency.

With 1 in 4 women and 1 in 7 men experiencing domestic violence, significant numbers of Knox County adults are facing the anxiety, fear, and danger arising from abuse. Local law enforcement reports they respond to domestic violence calls every thirty minutes, meaning approximately 73,939 of our adult neighbors feel the physical and emotional pain created when someone saying they love you inflicts irreparable harm. Last year, 81% of those seeking help at the Knoxville Family Justice Center (KFJC) were women, many with children witnessing abuse.  Moreover, Tennessee has one of the country’s worst records – 9th in the country – for women killed by their partners. Locally, this problem is visible in the 33 Knox County domestic-related murders reported by local law enforcement between 2015 and 2020. Knox County abuse survivors, primarily women and children, need safety, resources, and professional services and agencies working together in the KFJC’s “one-stop-shop” approach.

In 2006, officials in our community created the KFJC with Federal funds to provide one location where child, adult, and senior survivors could receive wraparound services from resource partners to move toward emotional, physical, and financial goals. The U.S. Department of Justice researched and designated Family Justice Centers as a best practice because survivors of abuse benefit from this “one-stop shopping” model of care, dealing with fewer locations, and reducing a community’s duplicated services. When the KFJC opened, it became Tennessee’s first centralized domestic violence service provider and Knoxville became one of just fifteen communities in the country to receive federal funding for such a program. Our Knoxville community was at the movement’s forefront, and today, centers like the KFJC are being replicated as a best practice in America and globally. Annually, the KFJC uses its best practice and research-based model to ensure the more than 1,500 survivors and their families who seek help through the KFJC receive these lifesaving services providing access to the tools and resources needed to create better and safer lives. With additional offsite partners, the KFJC now coordinates more than 40 local nonprofit and public agencies and provides for the immediate and basic needs of domestic abuse victims, helping them move toward their goals of reach legal, emotional, physical, financial, and spiritual security.

Domestic violence is often economically devastating, moving women and children into poverty overnight. Women and children often leave to begin new lives with little money and few belongings making security deposits and costs for new housing economic barriers. Victims experience additional economic issues when the abuse they undergo impacts their ability to work, results in higher healthcare costs, and leaves them with debt created by their abuser.

While anyone can be a victim of domestic abuse regardless of their gender, race, religion, sexual identity, socioeconomic status, or education level, the majority of domestic abuse victims are women, and many have

young children. All too often, abused women and their children must exit quickly and they arrive at the KFJC hungry, without needed items, and with no safe place to go. Victims face financial and emotional hardships when they try to escape their abusive relationships, plan for their safety, and gain self-sufficiency.

Through the KFJC and Knoxville’s Domestic Violence Coordinated Community Response (DV CCR) team, victims of domestic abuse can work with staff and volunteers who assess and connect them to partners for shelter, legal help, assistance from law enforcement, counseling, and urgent needs (e.g., food, transportation, safe communication, and child busy bags).

Gretchen entered the KFJC with three children after fleeing her abuser. They were scared and unsure what to expect. Because she was not allowed to use the car without his permission, Gretchen had called the KFJC from a friend’s phone and staff sent a Lyft for her. Once at the KFJC, Gretchen and her children were taken to a den where they could get comfortable, relax, and feel safe. They received snacks and each child got their own busy bag filled with toys and activities.

Gretchen was nervous about working with law enforcement because her abuser often told her he “knew” officers who would call him if she tried to talk to anyone. Gretchen chose to work with a YWCA advocate. Her advocate helped her come up with a safety plan and Gretchen chose to file a petition for an Order of Protection, which her advocate helped complete. Once the petition was completed, her advocate e-mailed it to the OP Team at 4th Circuit Court so it could be reviewed by the court. Rather than heading downtown to the courthouse to file her petition in person, Gretchen continued working with her advocate.

While filling out her OP Petition, Gretchen told her advocate she did not feel safe going to the home she shared with her abuser and children. She owned the home herself, but her abuser had put cameras everywhere and she didn’t know how to turn them off. Gretchen’s advocate spoke with her about the option of going to a shelter for domestic abuse victims. Gretchen was interested, so her YWCA advocate helped her call the McNabb Center’s Family Crisis Center to see if they had space for her and her children. After speaking with someone at the shelter, they said she and her children were welcome.

Gretchen told her advocate that the night before her abuser had put his hands around her throat. She said she didn’t pass out, but she did struggle to breathe. Her advocate spoke with her about how severe strangulation is and then did a danger assessment with Gretchen. Gretchen learned that a lot of what she thought was “normal” was putting her in severe danger. She asked her advocate if it was too late to speak with law enforcement.

Gretchen’s advocate called upstairs to the Knox County Sheriff’s Office (KCSO) and one of their detectives came downstairs to meet with Gretchen. Her advocate would have called the Knoxville Police Department (KPD)

if Gretchen’s abuse happened inside city limits. After hearing her story, the detective contacted the District Attorney’s Office (DA) and was told a warrant was appropriate. The detective then got the information for a police report and filed a warrant against Gretchen’s abuser.

While Gretchen met with the detective, her YWCA advocate spoke with the KFJC’s staff about some of her additional needs. Gretchen needed a safe phone so she could communicate with her advocate and others helping her. She needed transportation to the shelter, but she did not have the car seats needed for her two smallest children. She also had no diapers for her children. KFJC staff pulled out a cell phone with a minute card, a tandem stroller/car seat, and diapers for Gretchen.

Gretchen’s advocate also filled out a referral form for her to receive help in OP court from Legal Aid of East Tennessee (LAET).

With LAET’s help, Gretchen got a one-year OP against her abuser and he was required to attend a batterers intervention program.

In the coming weeks, Gretchen’s advocate connected her with counseling for her children and with a support group for herself. The also helped Gretchen sign up for the KFJC’s Financial Well-Being classes and helped connect her to a pastor who had attended one of the KFJC’s Faith Leader Initiative classes.

By walking into the KFJC on a day when she did not know where she and her children could be safe, Gretchen received help that has now led to her and her children having their own apartment and being safe from their abuser.

Since 2020, the KFJC and the DV CCR team have created new projects, many modeled after programs already established in the Knoxville bar community.

Financial Well-Being Classes

In partnership with U.S. Bankruptcy Judge, Eastern District of Tennessee, Suzanne Bauknight, the KFJC offers financial well-being classes to domestic abuse victims who have worked with CCR partners. Many victims of domestic violence are starting a new life with freedoms they’ve never before experienced, including the freedom to manage their own money. For some, though, that freedom is yet another daunting challenge because some have never opened a bank account, created or followed a budget, or established credit in their own names.  The Credit Abuse Resistance Education (CARE (www.care4yourfuture.org)) program, offered virtually to reduce obstacles and increase accessibility, provides basic training to victims of domestic violation who are clients of the KFJC.  Two courses are offered to address budgeting and debt and credit to give critical tools for victims to start their own independent

By: Kathryn S. Ellis Executive Director, Knoxville Family Justice Center

financial lives as they embark on their new journeys with support from the KFJC.

Faith Leader Initiative

Modeled after the Tennessee Supreme Court’s Access to Justice Commission’s Faith & Justice Alliance, the KFJC and CCR team offer trainings for representatives of Knoxville’s large faith community. Faith leaders learn about domestic abuse and sexual assault, ways to safely help members of their faith communities who are in abusive relationships, and how to access the resources available through the KFJC and its partners. Through its Faith Leader Initiative, the KFJC recently offered a full-day training by Safe Havens Interfaith Partnership Against Domestic Violence and Elder Abuse (https://www.interfaithpartners.org), which brought together faith leaders and CCR agency representatives to learn how to ensure victims of abuse do not have to choose between their faith and safety.

Healthcare Discreet Disclosure Initiative

Many domestic abuse victims who are kept from working, hanging out with friends, seeing their family, or even attending church, are allowed to go to see doctors for general health care. Out of discussions among CCR agencies, the KFJC created the Healthcare Discreet Disclosure Initiative (DDI), which trains healthcare officials about the resources available through the KFJC and its partners. While healthcare professionals are trained to identify signs of abuse, most abuse does not result in noticeable physical injuries. After training the staff of primary care offices, hospitals, and other medical offices, the KFJC provides them with signs and stickers to provide patients with a way to discreetly disclose their abuse. This is particularly helpful when an abuser insists on going to medical appointments with the victim. Medical offices can implement the DDI by placing KFJC-provided signs and purple stickers in the bathroom used for patients to provide urine samples. The sign tells patients if they are experiencing any type of abuse to place a purple sticker on their sample container. Lab technicians who see the sticker a designated person who then discreetly meets with the patient to learn more about the abuse. They provide the patient/victim with information about the KFJC and, if the victim chooses, contacts the KFJC to initiate services for the victim.

Conclusion

Domestic abuse victims in our community rely on services provided by multiple agencies and organizations, but despite the extensive network created by the KFJC and its partners through Knoxville’s DV CCR, there are many needs not being met.

IN LIMINE: PROFILING FUTURE JDS

By: Jordan Houser LMU Law Director of Career Services and Alumni Relations

ZACH SLOCUM

LINCOLN MEMORIAL UNIVERSITY DUNCAN SCHOOL OF LAW, CLASS OF 2025

As you might imagine, we as career services professionals review a lot of resumes. Each resume is interesting in its own right, as it is the main vehicle for students to demonstrate their interests, underscore their strengths, and show employers where they have been and what they have done in their careers to this point. This past spring, a resume came across my desk that displayed such an interesting background and story from a second-career student that I felt I had to share it as a part of this column. That resume belonged to Zach Slocum.

Zach Slocum is a current 2L at LMU Law, and many of our readers will likely find similarities in the beginning of Zach’s story. Zach was born in the Knoxville area, attended Halls High School, and then moved away for college. That is where most similarities end, however, as Zach chose to pursue an art degree at Savannah College of Art and Design and then moved to Austin, Texas, to work in a creative field. After some time in Austin, Zach made the move to New York City to work in freelance film and television production. While freelancing in New York, Zach worked in a variety of fields, including operating as the head of different departments in productions, working as a director’s assistant, assisting in the production of television shows and feature films, and even performing standup comedy. Despite living over 600 miles away, Zach did not lose his connection to his hometown, and he directed and produced two separate projects, a short documentary and a short narrative, that were awarded for Official Selection at the 2013 and 2015 Knoxville Film Festivals.

Zach says that, like many others, his time quarantined in 2020 gave him time to reflect on his career. He was not satisfied with his career trajectory and found himself wanting more. “I knew I wanted to do more with my life. Law seemed like a great opportunity to expand my knowledge and pivot into a career with a more significant social impact.” Zach said his first step was ordering an LSAT prep book and beginning to field questions from those around him that thought it was a curious move. Zach said these questions only strengthened his resolve to move forward into a career in law.

Zach’s decision to apply and enroll in law school in Knoxville was not an easy one, as his wife Alexandra is still located in New York City. While they can travel and see each other several times a year when school

is in session, the move still represented Zach putting his life of the past ten years on hold to pursue a legal education. Zach said, “it was my wife’s idea to apply at LMU Law. She has all the good ideas. Her support and belief in me are some of my biggest motivators.”

Zach said the best experience of his legal career thus far has been the judicial internship he completed this summer while back home in New York City. Zach had the distinction of interning with the Honorable Judge Claudia Daniels-DePeyster in her chambers at the Brooklyn Criminal Supreme Court. Zach noted that this opportunity was the exact type of experience he desired when he began moving his career in this direction. “For much of my life, I always felt like I was on the sidelines, observing issues and problems that I had a strong desire to help with. In Judge DePeyster’s court, I saw where the rubber meets the road and where the problems that affect our communities are addressed.”

When asked what his current passion projects were, Zach mentioned his desire to unite all the skills and experiences he has developed thus far in his career. “I am learning many new ways of thinking about storytelling. I would love to make another documentary one day. It would be a lot of fun to connect what I learned in art school and my career in film production to what I have learned here in law school.”

Zach notes that his current focus is on readying himself for what comes after law school. Zach gave a direct answer when I asked him what was motivating this career move. “I want to be good. Hopefully, as my career progresses, I will be put in a lot of situations that matter. I want to be ready for that day.” With an attitude like that and a variety of experiences already at hand, I have no doubt that Zach will be ready.

*Hiring Footnote*

Thank you notes have been a hot topic in relation to hiring law students as of late. Many of us may remember the days in which we hand wrote personalized notes after interviewing with a legal employer, dropping them in the mail shortly after the interview concluded. In today’s legal market, that level of personalization can sometimes cost candidates. First, the advent of remote work in the face of the pandemic saw many lawyers shifting to remote or hybrid roles. Due to this, if a law student sends a handwritten letter to a law office, they are not guaranteed that it will reach its addressee in a timely manner (or at all). Second, with legal hiring becoming more and more competitive, legal employers have compressed hiring timelines, and decisions are often made shortly after interviews are held. Those well-meaning law students that sent handwritten letters via “snail mail” may find their letters arriving long after hiring decisions are made. So, if you notice that law students are more frequently emailing you with their messages of gratitude, do not be alarmed or think the students are being impersonal—they are merely using the most reliable and fastest method of communication to offer their genuine thanks to you and your colleagues for considering their applications.

SCHOOLED IN ETHICS

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

ATTORNEY BIAS AND THE ATTORNEYCLIENT RELATIONSHIP

Anthony J. Dew, a Black man of Muslim faith who was facing multiple felony charges in a Massachusetts court, was appointed counsel. During the representation, the attorney berated Dew for wearing a kufi prayer cap—once telling Dew “don’t come in this room like that ever,” another time refusing to speak to Dew because he was wearing the prayer cap, and later scolding Dew not to wear “that shit” to court. When the attorney advised his client to accept a plea deal, Dew entered a guilty plea. 1

Several years later, it came to light that Dew’s attorney had made numerous racist, anti-Muslim social media posts over a prolonged period of time, including during the time he was representing Dew. When the hate-filled posts came to light, Dew filed a motion to withdraw his guilty plea. The basis for his motion was the attorney’s conflict of interest, arising out of counsel’s bias against people of the defendant’s race and faith, which Dew asserted violated his right to effective assistance of counsel under Article 12 of the Massachusetts Declaration of Rights and the 6th Amendment to the US Constitution.

When Dew’s motion to withdraw his plea was denied by the trial court, the Supreme Judicial Court of Massachusetts granted direct appellate review. The Court held that once an actual conflict of interest is established, a client’s constitutional right to effective assistance of counsel necessitates withdrawal of the plea and grant of a new trial; the defendant need not show actual prejudice. The Court explained, “where . . . counsel harbors a deep-seated animus for persons of the defendant’s race or religion, we cannot . . . ask the defendant to prove how his counsel’s bigotry might have affected the plea deal or otherwise impaired the representation.”

The court concluded that Dew had established an actual conflict of interest. The court explained “the defendant has shown a pattern of posts reflecting the intensity of [the attorney’s] bias, coupled with a record that [the attorney] was unable to divorce his animus from his conduct as defendant’s counsel.” On this basis, the court permitted Dew to withdraw his guilty plea and remanded the case for a new trial.

Lawyers, like all humans, doubt we have biases—explicit or implicit—or that we are influenced by them.2 But implicit biases are pervasive. An implicit bias is an unconscious association, belief, or attitude toward a group. Acting on the basis of that bias can result in preferential or discriminatory behavior. Examples powerfully convey the impact of implicit bias: the same resume receives fewer interviews when the applicant is given a Black- or Hispanic-sounding name than a White-sounding name, the same teacher in an online class receives lower evaluations when incorrectly identified to some students as female, and the same house is appraised lower when a Black family’s photos and art are left on the walls than when they are removed. 3 There is no substantive difference in resume, teaching, or house in these examples; it is inescapable that the differing results are the result of either an explicit or unconscious bias.

Attorneys should recognize that bias against a client can take

more subtle forms than that in the Dew case and still be a concern. Bias can be a problem in transactional matters and civil matters, too. Any bias that a lawyer feels toward a client has the potential of harming the relationship—such as impacting lawyer responsiveness to client concerns or the advice given about how to proceed in a situation. Even if the relationship never deteriorates to the point that a client considers a malpractice action or an ethics complaint, a lawyer should provide excellent representation to their clients that is uninfluenced by biases.

Legal scholarship has primarily focused on bias against clients by participants in the legal system (such as by judges, juries, and opposing attorneys) but not the client’s own lawyer and bias within the legal profession. The American Bar Association provides numerous resources to lawyers concerning implicit bias, but the focus of those resources is on bias within the criminal justice system (but not focused on the attorneyclient relationship) and bias in the legal workplace. A small number of papers have considered the negative impact of criminal defense attorney bias against clients.4 And two relatively recent studies address, among other things, how bias in the attorney-client relationship has impacted members of the LGBTQ+ community.5 Additional research and scholarship is necessary to understand the extent of the adverse impact of bias on the attorney-client relationship.

In contrast, a large body of medical research recognizes that healthcare provider bias against patients—based on traits such as race, ethnicity, gender, and LGBTQ+ identity—negatively impacts patient care.6 Even after controlling for socio-economic factors and insurance coverage that might result in deficient care, studies reflect that these populations receive inferior medical treatment.7 One study has revealed that Black patients receive different cardiac treatment and are more likely to be referred to doctors still in training while non-Black patients in similar circumstances are referred to specialists. Another study revealed that Black patients with painful long bone fractures were less likely to receive opioids and other analgesics.8 Still other research reflects that Black and Hispanic women experience racial discrimination while receiving reproductive services, and that these women and their infants suffer a two to four times greater mortality rate at birth.9 Research studies reflect that bias by healthcare providers against LGBTQ+ patients results in poor quality of care and causes some patients to make the choice of avoiding receiving medical treatment. 10

For the past twenty years, the medical field has taken steps to address bias in patient care. Education in medical school and beyond has been a focus. A Harvard medical school class is one example—it explores how biases contribute to treatment errors and healthcare disparities.11 Physician-educators have addressed the difficult conversations that make these classes successful. When she is conducting anti-bias training for doctors, orthopedic surgeon Claudia O’Connor admits one of her own biases to the class: she does not like to operate on obese people. From there, she explains why it is important that she knows about this bias and what she must do to combat it. As another doctor explains it, “The most

continued on page 20

If you have an idea for Schooled in Ethics column, please contact Cathy Shuck at 541-8835.

MONTHLY MEETING

Plan now to attend the Barristers monthly meeting on Wednesday, October 11, 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. After the meeting concludes, there will be a 1-hour financial wellness advice program on wealth building and financial management as a young lawyer. The talk will be led by Alicia Teubert from Anderson Busby, PLLC, and everyone who attends will receive a $15 GrubHub gift card curtsey of our sponsor, SmartBank.

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 October 11, 2023. Sign up at https://www.knoxbar.org/?pg=Upcoming-Legal-Clinics.

BARRISTERS HUNGER AND POVERTY RELIEF COMMITTEE

The Knoxville Bar Association Barristers Annual Coat Drive will begin on October 5 and run through October 19. The Barristers are working with Knox Area Rescue Ministries with the goal of collecting coats for those in need in our area. The Barristers Hunger & Poverty Relief Committee is asking for gently used men’s and women’s jackets and coats, including jackets, coats, parkas, dusters, raincoats, and trench coats. Please do not donate any non-coat or jacket items or items with holes, stains, or rips, as they will not be accepted. There will be several donation locations downtown and in West Knoxville. If you are willing to volunteer to pick up items from any of the locations and drop them off at the KBA Office during business hours or help sort coats on Monday, October 23 at 5 pm, please contact Committee Co-Chair Jordan Houser at jordan.houser@ lmunet.edu.

WELCOME NEW MEMBERS

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

NEW ATTORNEYS

Eric F. Amarante

U.T. College of Law

James S. Atkinson

Leitner, Williams, Dooley & Napolitan, PLLC

Stanley R. Barnett

Law Office of Stanley R. Barnett

Virginia L. Couch

The Trust Company of Tennessee

Andrew J. Crawford

Willard N. Albert Law Office

Christopher W. Martin Ayres & Parkey, Attorneys PLLC

Dean G. Stathakis

UltimatEdge IP Law Group, P.C.

SCHOOLED IN ETHICS,

continued from page 19

difficult thing to realize is that yes, you may be the one doing it. It’s hard to have that breakthrough where people realize that it is them.”12

The medical profession still has much work to do to eliminate the impact of bias on patients, but the field’s efforts to date provide a helpful guide to the legal profession. Studying the existence and impact of attorney bias on clients and educating lawyers about bias in the attorneyclient relationship are steps that are achievable and in the interest of our clients and profession.

1 Commonwealth v. Dew, 210 N.E.3d 904, 906 (Mass. 2023)

2 See, e.g., Andrea A. Curcio, Addressing Barriers to Cultural Sensibility Learning: Lessons from Social Cognition Theory, 15 Nev. L.J. 537, 540 (2015) (law students reported that they are less susceptible than others to the influence of bias); Augustus A. White III, SeeiNg PatieNtS UNcoNScioUS BiaS iN HeaLtH care 269 (Harvard Univ. Press 2011) (explaining when doctors are told about healthcare disparities based on bias, they report, “Not me”).

3 Casey Boyd-Swan & Chris M. Herbst, Racial and Ethnic Discrimination in the Labor Market for Child Care Teachers, edUcatioNaL reSearcHer, Vol 48, Issue 7, October 2019; Lillian MacNell, et al., What’s in a Name: Exposing Gender Bias in Student Ratings of Teaching, iNNov. HigH edUc 40:291-303 (2015); A black couple’s home was undervalued by $300,000. Now the US is investigating, tHe gUardiaN (March 13, 2023).

4 Walter I. Goncalves, Jr., Narrative, Culture, and Individuation: A Criminal Defense Lawyer’s Race-Conscious Approach to Reduce Implicit Bias for Latinxs, 18 SeattLe J. Soc. JUSt 333, 334 (2020); L. Song Richardson & Phillip Atiba Goff, Implicit Racial Bias in Public Defender Triage, 122 YaLe L. J. 2626, 2626 (2013); Jonathan A. Rapping, Implicitly Unjust: How Defenders Can Affect Systemic Racist Assumptions, 16 N.Y.U. J. LegiS. & PUB. PoL’Y 999, 999 (2013).

5 Somjen Frazer, et al., Protected and Served? 2022 Community Survey of LGBTQ+ People and People Living with HIV’s Experiences in the Criminal Legal System, p. 40 (2022); Jaime M. Grant et al., Injustice at Every Turn: A Report of the National Transgender Discrimination Survey, (2011).

6 Reggie Casanova-Perez, et al., Broken Down by Bias: Healthcare biases experienced by BIPOC and LGBTQ+ Patients, AMIA Annual Symposium Proceedings (2021); INStitUte of MediciNe, UNeqUaL treatMeNt: coNfroNtiNg raciaL aNd etHNic diSParitieS N HeaLtH care 37, 123 (Brian D. Smedley et al. eds., 2003).

7 WHite, supra note 3, at 194–95.

8 Id. at 212–13.

9 Katy B. Kozhimannil et al., Racial and Ethnic Diversity in the Nursing Workforce: A Focus on Maternity Care, 22 PoL’Y, PoL. & NUrSiNg Prac 170, 171–72 (2021).

10 Casanova-Perez, supra note 7, at 275.

11 WHite, supra note 3, at 205.

12 Id. at 242–43.

Aliya Alewine

Kristen Alexander

Ally A Alred

NEW LAW STUDENT MEMBERS

Merika B Gregory

Justine E Happe

Jonathan D Haralson

Christopher B Offutt

Ellie Palmer

Britain N. Peele

Kameron H Andrews

Rebekah A Ballard

Ashlyn Bell

Parker Bohne

Kelsey E Cantrill

Allyson N Carey

Julia Carroll

Freddie V Chumley III

Riley J Cook

Kayle Czischki

Meagan P Demonbren

Barbara Domino

Anna C Duff

Carly Ebersberger

McKenzie J Emery

Dylan S Estes

Olivia L Estes

Shaughnessy Foster

Juliana N Fratangelo

Alexander Joseph Gambino

Maci K Gernt

Angela N Gianino-Book

Patrick M Goins

Abigail R Goney

Crystal J Harris

Jillian B Harvey

Robert J Hatfield

Griffin E Hawkins

Macy Heegeman

Halie Higgins

Zachary Hiller

Alicia Hopkins

Austin L Huff

Olivia Hulshof

Grayson E Johnston

Madelynn D Kaiser

Charlotte V Linnartz

Amanda Manning

Aynsleigh B Martin

Kane Mathes

Anna McClure

Braxton D McGill

Lillian G Murphy

Gabrielle Murphy

Colton B Murrell

Shahir Nabi

Michelle Neidhart

Mackenzie Newton

Katelyn Prince

Natalie Pyburn

Kayla Rachunek

Ashley N Robson

Matthew N Rollar

Eric C. Rouse II

Faith Sandoval

Erin Sangster

Cayla E Scott

Sara C Sheffey

Dylan N Shelton

Shana J Singleton

Shana Juanita Singleton

Kaelyn A Somsen

Sarah Emily Still

Savannah Stover

Sharon Strahan

Carolyn R Thompson

Tatyana N Toro

Jackson R Tucker

William C Underhill

William J Ward

Marieve K Webb

Emma G Wilson

SIMPLE THINGS

By: Melissa B. Carrasco Egerton, McAfee, Armistead & Davis, P.C.

GROWTH

Each year, around the beginning of November, something dormant starts to emerge. Like a brood of cicadas, scruffy, antennae-like figures scratch their way to the surface and cautiously survey the landscape. At first, it is just one or two, but overnight, they multiply. Go home on Friday evening and by Monday morning, it’s a whole new world.

For some, inexplicable reason, the emergence started early this year . . . way early. I started to see signs as early as the end of August. Some might blame it on global warming. After all, it was a particularly hot summer. Some might peg it to the start of the UT football season. It does seem to draw a lot of things out of hiding. But, whatever the reason may be, no-shave November came early this year, but only halfway. So far, mustaches see to be popping up everywhere.

To be fair, male facial hair has had a rather tortured legal history. For example, in the early 1700’s, Russian Tsar Pyotr Alekseyevich (aka Peter the Great) instituted a beard tax.1 If you paid the annual beard tax, you received a special token (stamped with an image of a nose and bearded chin), which you had to carry with you at all times.2 If you couldn’t produce the token on demand, you were subject to having your beard shaved or plucked out by the roots by local officials.3

Some people thought this was a problem. In fact, a lot of people thought this was a problem. At the time, the Russian Orthodox Church had pretty firm convictions about facial hair. After all, if your church tells you that shaving is a sin because it is marring the image of God, then facing a band of roving Sweeney Todds may be the lesser of the two evils.4

In 1705, the dissenters did what people often did back then. A bunch of people in the town of Astrakhan revolted, executed the local officials, and proclaimed a repeal of the beard tax. The revolt spread to several other towns, then was promptly squelched a few months later after lots of fighting, bloodshed, and torture.5 When you are Peter the Great, you can do those sorts of things.

But, through all the controversy, one facial feature managed to fly under the radar . . . or perhaps under the nostrils. The moustache emerged as a bit of a compromise. As long as it perched on the upper lip or the cheeks or down the sides of the mouth or just about anywhere other than the chin, it wasn’t a beard. It was the ultimate legal loophole. Unfortunately, history did not seem to keep a record of which brilliant lawyer (advokat) came up with that one.

It didn’t stop with a loophole. Fast forward a couple of hundred years, and we find the U.S. District Court for the D.C. Circuit deciding a case of first impression involving, “sideburns extending approximately two inches below their earlobes and . . . in a ‘mutton chop’ fashion toward their mouths.”6 Can an employer really make an employee shave his glorious mutton chops?

The D.C. Circuit was skeptical: “Of course individual citizens have a constitutional right to wear beards, sideburns, and mustaches in any form or length they may choose.” Of course! The Russian peasants were right!! But, then the Court decided it wasn’t a fundamental right protected by any federal law.7 Employers, grab your razors!

Whether it is a fundamental constitutional right or just an ordinary constitutional right, no one can ignore the impact that the moustache8 or mustache, has had on the legal profession. Would any of us have cared so deeply about temporary injunctions and impermissible prior restraints of First Amendment speech but for the legal battle between one Terry Gene Bollea (aka Hulk Hogan) and Gawker, which was quite eager to show us all that distinctly blond, magnificent mustache (and maybe a few other body parts).9

Then, of course, the whole world tuned in to see John C. Depp, II’s mustache in action teaching us the elements of defamation and the limits on free speech.10 For some reason, mustaches and First Amendment cas-

es seem to find each other. Maybe it is the proximity of the mustache to the upper lip.

But, there are few who have impacted the legal community and its facial hair like one eleven-year-old girl.

“Dear Sir,” she wrote. “My father has just come from the fair and brought home your picture and Mr. Hamlin’s. I am a little girl only eleven years old, but want you should be President of the United States very much . . . . I have got 4 brothers and a part of them will vote for you any way and if you will let your whiskers grow, I will try and get the rest of them to vote for you; you would look a great deal better for your face is so thin. . . .”11

Several months later, that Presidential candidate, who just so happened to be a lawyer, stopped in that little girl’s hometown. After giving a short speech, he announced to the crowd, “I have a little correspondent in this place, and if she is present will she please come forward?” Little Grace Bedell happened to be in the crowd, and when they brought her to the front, Abraham Lincoln bent over, shook her hand, then said, “You see. I let these whiskers grow for you, Grace.”12

Personal growth can take many forms. Taking the time to acknowledge the people who help you grow is a simple thing.

1 Amelia Soth, Peter the Great’s Beard Tax, Cabinet of Curiosities, JSTOR Daily (July 22, 2021), https://daily.jstor.org/peter-the-greats-beard-tax/, last visited Sept. 7, 2023.

2 Id.

3 Id.

4 Id.

5 Boris Yeltsin Presidential Library, The Astrakhan Revolt, available at https://www. prlib.ru/en/history/619448.

6 Brown v. D.C. Transit System, Inc., 523 F.2d 725 (D.C. 1975).

7 Id. at 728.

8 This is the spelling used in every, English-speaking country except for the U.S. Somewhere along the lines, we Americans dropped the “o.” See Miriam-Webster Dictionary, How English Grew its “Mustache,” https://www.merriam-webster.com/ wordplay/is-it-mustache-or-moustache-mustaches-difference, last visited Sept. 7, 2023.

9 See Gawker Media, LLC v. Bollea, 129 So.3d 1196 (Fla. Ct. App. 2014).

10 See John C. Depp II v. Amber Laura Heard, CL-2019-2911, 2021 WL 6550462 (Va. Cir. Ct. 2021).

11 Lincoln Nat’l Life Found., Lincoln’s Beard (1935), available at https://archive.org/ details/lincolnsbeardrep00linc/page/n2/mode/1up?view=theater.

12 Id. at p. 14.

LEGAL MYTH BREAKERS

By: Brad Fraser Leitner Williams Dooley Napolitan, PLLC Stefanie Bowen

Leitner Williams Dooley Napolitan, PLLC

THE REAL THING

“I’d like to teach the world to sing In perfect harmony. I’d like to buy the world a Coke And keep it company. That’s the real thing. What the world wants today Is the real thing.”

– “I’d Like to Buy the World a Coke,” 1971

In the mid-1960s Coca-Cola undertook a rebranding project under the code name “Buy the World” that was four years in the making and one of the largest of its kind—ever.1 Coke had used the phrase “the real thing” in years prior, but this project created one of the most memorable advertisements in history. The catchy tune “I’d Like to Buy the World a Coke” was originally a radio spot that was less successful.2 This version of the song was actually rewritten twice. Based initially on a British tune “True Love and Apple Pie,” the lyrics were revised and a new song by The New Seekers was released as “I’d Like to Teach the World to Sing.”3 “Buy the World a Coke” was rewritten by advertisers and songwriters, and the iconic television commercial was born. “It’s the real thing” is featured only in the last refrain of the ad but memorably reaffirmed the brand’s status as the “original” cola to which there are no substitutes.

“The Real Thing” is often demanded in other realms, too. For instance, when a will cannot be found after the death of a testator, there is a strong presumption that the original testamentary document was destroyed or revoked by the testator herself. In other words, absent clear and convincing evidence to the contrary, if you cannot find the original will, it is assumed the testator revoked it.4

Those who only produce a copy of a will, rather than the “real thing,” face the same presumption.5 And those who must probate a copy of a will take on the heavy burden of proof to show by “clear, cogent, and convincing proof” that the original will was lost or destroyed fraudulently, against the wishes of the testator.6 Again, without “the real thing,” even with a copy, it is presumed a testator intentionally revoked the original. And this exacting standard is for good reason. A “more elastic rule” might actually allow the perpetration of more fraud than it would prevent.7

But what if “the real thing” just isn’t available? In order to establish that a copy of a will is valid you must prove that (1) that the testator made and executed the will, and that it otherwise meets the requirements of a valid will; (2) that the testator has died; (3) the substance and contents of the will; (4) that there has been a diligent search for the original of the will; and (5) that the testator did not revoke the will.8

Ordinarily, one probating a copy of a will faces little challenge in proving the testator made and executed a valid will, that the testator died, the contents of the will, and a diligent search for the original with “wet signatures.” The challenge comes in proving that a testator did not revoke the will. In some ways, this is proving a negative—submitting facts and circumstances to show that something did not happen.

How does one overcome the presumption that the testator revoked

the will? One might look to prove that the testator lacked the capacity to revoke the will in question, a communication of intent to third parties, or that the testator did not have custody or control of the instrument after its execution.9

The capacity needed to revoke a will is no greater than the capacity necessary to execute on in the first place.10 But a person who tries to challenge a testator’s capacity faces the burden to prove that fact.11 Therefore, challenging the testator’s capacity to revoke the will requires presenting proof that the testator, at the very time of revocation, did not know and understand the force and consequences of his or her act.12

Assuming a testator has capacity to revoke a will, you may have to prove that he or she still would not have done so. And doing that might involve communications of his or her intent to third parties. In In re Estate of Brown, a niece successfully appealed a trial court’s decision that she failed to prove her grand uncle’s will was lost, not revoked, by clear and convincing evidence.13 The niece presented testimony that a week before his death, the uncle reiterated to a friend that his will left nearly everything to the niece.14 Another witness testified that the night before the uncle suffered an incapacitating stroke, he showed a box containing the will and funeral arrangements.15 The Court agreed that the niece, by presenting this and other evidence, overcame the presumption of revocation by clear and convincing evidence.16

And while the proponent of a copy of a will is not required to prove “absolutely” that the will was not revoked, the proponent may face a “severe handicap” even considering circumstantial evidence.17

So, when it comes to probating a will, as Marvin Gaye and Tammi Terrell sang, “Ain’t Nothing Like the Real Thing.” But in the absence of the original will, you may successfully probate a copy of the will by proving that, like Ray Charles in the Diet Pepsi commercial of the mid 90s, “you got the right one, baby!”

1 “What Coke Taught the World” SLate coM, May 18, 2017 (https://slate.com/ culture/2015/05/coca-colas-its-the-real-thing-ad-how-the-mccann-erickson-adchanged-american-advertising-and-america.html) last accessed September 7, 2023.

2 Id.

3 “The Making of ‘I’d Like to Buy the World a Coke’”, coca-coLacoMPaNY coM, January 1, 2012 (https://web.archive.org/web/20161026161436/http://www.cocacolacompany.com/stories/coke-lore-hilltop-story) last accessed September 8, 2023.

4 In re Estate of Leath, 294 S.W.3d 571, 575 (Tenn. Ct. App. 2008).

5 Id.

6 Id. at 575-6.

7 Sanders v. McClanahan, 59 Tenn.App. 590, 442 S.W.2d 664, 667 (1969) (citing Haven v. Wrinkle, 29 Tenn.App. 195, 195 S.W.2d 787, 793 (1946)).

8 Leath, 294 S.W.3d at 575.

9 Id. at 576.

10 Id.

11 Id.

12 Id.

13 In re Estate of Brown, 1999 WL 802718 at *10 (Tenn. Ct. App. October 7, 1999).

14 Id. at *1.

15 Id.

16 Id.

17 Id. at *10.

THE JOURNAL

Twenty-seven years ago, at the age of 27, Eric Kline took his last breath. He was my dear friend. As children, we built sandcastles by the Atlantic while vacationing with our families. We used fake IDs to get into bars, pledged a fraternity together and, later, attended each other’s wedding. It was a lifetime friendship that I continue to carry with me.

Eric was a severe hemophiliac. The rare disorder, which caused him to bleed freely, would not kill him. The treatment for bleeding and a world-wide health emergency would. In the 1980s a large majority of severe hemophiliacs contracted HIV/AIDS through tainted blood factor - a clotting agent made up of unregulated, donated human blood. Eric had a mole removed in high school. It was a procedure that spanned only a few minutes, but factor was needed to control his bleeding - it was contaminated. How can you process that a short dermatologic procedure would end your life?

In the following 10 years, Eric suffered in silence. Only his parents were aware of his condition while his symptoms were mild to nonexistent. His silent suffering occurred during a time of great stigma. Ryan White, who also had Hemophilia, contracted the disease and became well-known to the world because of the discrimination associated with the disease. Eric decided to keep his condition to himself…until he couldn’t. We graduated high school, enrolled at the University of Tennessee, and, with a growing number of close friends, had the time of our lives. None of us knew that our friend carried the weight of his own fragile mortality. I remember being puzzled by his request to play on our flag football team our senior year. Because of his hemophilia, he’d always avoided sports, opting to become a fabulous artist. Imagine telling a kid he couldn’t play. But, in his last year at UT, he said enough - he was the starting safety for “Captain Bob’s Fabulous 14.” (I am Captain Bob). He was awful - uncoordinated and slow - but there wasn’t a happier player, and we all were amazed by how much joy he received from the experience. The pharmaceutical progress that now allows HIV patients to live ordinary lives was non-existent in the 1990s. Eric was caught between global emergency and a cure. He kept his secret until he no longer could. His failing health led to questions from family and friends and, ultimately, from his co-workers in the accounting firm he joined after college. When he honestly answered questions about his condition, he was dismissed from employment. I became his lawyer and filed suit. Hell yes, I did. I was one year out of law school, idealistic and mad about the treatment of my friend. It became “front page news” when there were such things as pages to newspapers. Eric and his wife, Emilie (an angel among us), spent their last year together battling an injustice and the continued stigma associated with his disease. I will never forget taking Eric’s testimony by deposition, knowing he would not make it to a trial date. The once strong weight-lifter weighed 100 pounds, his gray suit hanging on his child-like frame. I was constantly amazed that Eric, a man of faith, believed he would be healed, that innovations would save him. When it was apparent that nothing would save him, he outwardly kept the faith. He did it for those who loved him. In my last moments with him, he persisted in his desire to not interfere with or upset the lives of his family and friends with something so ridiculous as dying. He walked toward death with unwavering courage - a courage none of us understood.

I’ve thought of him often in the last 27 years. At our annual golf

OUTSIDE MY OFFICE WINDOW

By: Robbie Pryor Pryor, Priest & Harber

trip, started 27 years ago, 35 of his closest friends toast him and award the “Kline Cup” to the winner. My wife, Nancy, and I are very close to his sister, Ashley. Eric’s name is on our lips often. I love to tell and hear stories of Eric and our friends. When I look back I have always had questions, primary among them is how could such a young man deal with a terminal diagnosis without telling his sister and closest friends for 10 years. From 16 to 27, he quietly and courageously carried the knowledge that he was dying. Unimaginable. Where did he turn for strength? Where did the resolve come from?

Then, the other night, Ashley came over for a visit. She brought with her Eric’s journals.

This, faithful reader, is why I write to you this month. After a several month hiatus, I write to you with the urgency of the lessons I have learned by opening the written word of 19-year-old kid with AIDS. The focused thoughts and aspirations of a kid in the premature winter of his life have shaken and inspired me. Without context or commentary, I offer you the following excerpts:

“The clock is ticking away. Life is an emergency. The time is now.”

“The self-reliant person does not feel the need to compete. He does not need to look and see what others are doing or be “better than” the next person. Recognizing his capabilities for what they are, he strives for excellence in his own life.”

“As soon as you start loving others as they are, the feeling will be reciprocated…stop value-judging forever!”

“Love is allowing another person the complete freedom to be herself/himself and accepting the person without trying to change her/him. Everyone wants to be loved. Every stranger is crying out inside, ‘Please love me’. You must love yourself first, otherwise you will not find love in another.”

“Trust your intuition…It is time to come off of the fence… You should have the guts to rock the boat without feeling guilty.”

“There are two types of people - Glass Tippers and non-Glass Tippers. The latter never knocks a glass over by accident. The former ALWAYS knocks it over, regardless of how lightly the glass is touched. I’ve come to believe that it is better to be a Glass Tipper. They must deal with adversity and are stronger for it.”

“This is a chance to embrace life, to elevate my awareness, to learn, to share, to love. A chance to live a more full life, experiencing everyday moment by moment…I find comfort in the belief that something positive is coming from my circumstance...I have not lost my dreams. They have simply been accelerated. It is in these times that the question rolls through my head once more, ‘Why Me?’ Then, like a whisper from a loved one that alleviates all fear, the answer comes to me: ‘…because I can handle it.”

There are over a hundred pages of personal stories and inspiration. I’m making copies for people I love. I wish I could share them all with you. I wish you had known him. Perhaps we should all take a moment and consider what is important – love, courage, and empathy. Now, go knock over a glass and live with urgency.

BARRISTER BITES

By: Angelia Morie Nystrom Long, Ragsdale & Waters, P.C.

IT’S TAILGATE TIME IN TENNESSEE

I love it every year when I hear Bob Kesling utter those five glorious words: “IT’S FOOTBALL TIME IN TENNESSEE!” To me, it means two things: the Big Orange are about to take the field, and it’s tailgate time in Tennessee.

My fellow sports-mom friends talk about how much fun they have at their respective ball fields… the tailgating, the camaraderie, etc. Trace is a swimmer, and I have a wonderful group of swim mom friends. We sit together at meets, we work the meets, but we certainly don’t do anything that resembles a tailgate. Swimmers eat lots of food – and when I say “lots,” I mean “LOTS OF FOOD.” But no mom wants to give her swimmer regular tailgate food. Swim coaches would probably kill us if we did. And no one—I repeat NO ONE—wants to see it in the pool.

Since my child does not participate in a traditional “tailgate” sport, Tennessee football fills that void. Whether the Vols win or lose, the tailgate offers the opportunity for a spectacular party. I saw that a few years ago at The Grove at Ole Miss. Whether the Rebels are winning or losing, the Ole Miss faithful know how to throw a proper party. I said at the time that Ole Miss always wins the tailgate, and I decided that I can always win the tailgate at Vols football.

I love a good themed party, and I have a closet filled with UT orange tablecloths, cups, plates, and napkins. I’ve got UT and football serving platters and about any other UT-related paraphernalia you can think of. At the end of the day, though, the most important component of a good tailgate is good food.

I like the idea of orange or orange-ish food, but a tailgate that features Cheese-Its and Cheetos falls a little flat. However, I’ve found a few items that are always big hits at the tailgate, and I wanted to share the recipes.

Bacon-wrapped tater tots with a chipotle mayo dipping sauce are always a big hit at tailgates. To make them, you need the following: two large bags of frozen tater tots, 2 packages of bacon, ½ cup of mayonnaise, ½ cup sour cream, 2 TBSP brown sugar, 2 tsp red wine vinegar, 2 tsp dried oregano, 2 chipotle peppers in adobo sauce, and 2 TBSP of the adobo sauce.

For the bacon-wrapped tater tots, preheat the oven to 425°. Set a wire rack on a rimmed baking sheet. Cut the bacon strips in half crosswise. Wrap a piece of bacon around each tot and place them, seamside down, on the rack. Bake until the tots are browned and the bacon is cooked through and crispy, about 25 minutes. (The cooking time will vary depending on the thickness of the bacon, so keep your eyes on them. I like the regular Oscar Mayer bacon, and it cooks fairly quickly.)

Once baked, transfer the tots to a platter, skewer each with a

toothpick, and serve immediately with the dipping sauce.

For the chipotle mayo dipping sauce, combine mayonnaise, sour cream, brown sugar, red wine vinegar, oregano, chipotle pepper and adobo sauce in the bowl of a food processor and pulse until smooth. The sauce will keep in an airtight container in the refrigerator for up to 3 days (but it’s really good, and I’m guessing it won’t last that long).

I’m also a huge fan of Bloody Mary Chili, which my sister found in the NASCAR cookbook a few years ago. She has used it to win several chili cook-offs in Northern Virginia. It is fantastic—and fantastically easy to make. To make the chili, brown 3 lbs ground beef in a skillet over medium heat. When cooked completely, drain and set aside. Chop one large onion and one large green pepper. Cook in 2 TBS olive oil until soft (about 5 minutes). Combine ground beef, onion, and green pepper in a slow cooker. Add 2 TBS chili powder, 1 TBS cumin, 2 TBS red pepper, a 46-oz bottle of Bloody Mary mix (I like Tom’s), one 15 oz can of red beans, one 15 oz can of kidney beans, and one 15 oz can of black beans. Bring to a boil, then reduce heat to a simmer for 2-3 hours. Garnish with sour cream and shredded cheddar cheese for a little orange and white. You can add chopped scallions and/or my favorite – Fritos.

My favorite Big Orange tailgate libation happened by accident. I’m not a fan of orange juice and orange sodas (although I do like the orange Zevia), so I had to get creative. I love peaches, and I had a couple of bags of frozen peaches in the freezer. I combined two bags of frozen peaches with a bottle of sweet white wine in the Vita Mix and then put it on the smoothie setting to combine until it had a “smoothie” consistency. It is really easy and really good.

For my tailgate, I will usually get a pre-made cheese ball (Food City’s pineapple cheese ball is great), form it into the shape of a football, and then use chives to make “football laces.” It is great with Sociables crackers. For something sweet, one bite brownies from the deli section at the grocery store cannot be beat. Of course, I always welcome my friends to bring their own additions. Trace always hopes for chicken wings. If you ever come to our tailgate party (or if he ventures by yours and hopes to scavenge food), Trace likes traditional wings with the fire rub from Big Kahuna or wet wings from Calhoun’s. You have been forewarned.

To me, football Saturdays are the best time of the year. They are filled with all the things I love: good friends, good food and (hopefully) good football. If you are in the vicinity of Neyland stadium on a home football Saturday, look for the Nystroms in G-10. We would love to have you join us for good food, fellowship and fun.

Go Vols!

MANAGEMENT COUNSEL: LAW PRACTICE 101

By: Sherley Cruz Assistant Professor UT College of Law Advocacy Clinic

FOUR WAYS TO UPDATE PERSONNEL HANDBOOKS THAT NEED TO BECOME PART OF YOUR ANNUAL REVIEWS

Do your clients’ workplace handbooks need a makeover? We regularly review personnel policies for compliance and changes to the law. How often do we review them to ensure that employees can follow the procedures? Do employees believe they can report workplace misconduct without fear of retaliation? Workplace discrimination, sexual harassment, and retaliation not only harm the employee - but mere allegations can also be devastating to an employer’s reputation and have serious financial consequences. A recent study estimated that employee misconduct cost U.S. businesses over $20 billion in 2021.1

The #MeToo movement exposed the pervasiveness of workplace sexual harassment. Since 2017, thousands of employees have shared stories of toxic workplace cultures riddled with employee misconduct. Between 2018 and 2021, the Equal Employment Opportunity Commission (EEOC) received over 98,000 charges of workplace harassment. Of those charges, over 28,000 alleged sexual harassment.2 In a 2018 - 2021 survey, the EEOC ranked Tennessee as the state with the fifth-highest number of sexual harassment charges.

Employee handbooks provide the protocols for employees to identify, avoid, and report misconduct. As part of a comprehensive training, prevention, and retention strategy, handbooks help set the workplace culture by promoting the employer’s values. In some cases, employers may even claim an affirmative defense to sexual harassment allegations if they can establish that there were reasonable policies in place, yet the employee failed to follow them.3 Employees often do not report workplace misconduct because they feel like their voices do not matter, they believe that the employer will not take their reports seriously, or they fear retaliation for reporting misconduct.4

Here are four ways your clients can improve their employees’ ability to follow protocols and report workplace misconduct:5

Avoid using legalese.

The use of legal terms of art can deter an employee from seeking guidance from a personnel handbook. Consider that 54% of adult Americans read below a sixth-grade reading level and that the literacy rate for adults in Tennessee is 78%.6 Do your clients’ policies refer to terms of art such as: “severe and pervasive” conduct, “unreasonable interference with workplace performance,” or submission to “unwanted conduct as an implied or expressed term or condition of employment?” If so, try using examples instead of the terms of art, (e.g. what is an implied condition of employment; when does conduct “unreasonably” interfere with work?) The use of artificial intelligence software can help score the “grade level” of your policies and revise them to meet a sixth-grade reading level. 7

Assume the employee is telling the truth.

Reporting workplace misconduct is not easy. Only about 25% of

workplace harassment is reported.8 Employees fear retaliation, they don’t want to “cause trouble,” and they fear that employers will not believe them. Requirements about “good faith” reporting reinforce these fears. Instead of threatening to punish employees who fail to report in good faith, employers should create a culture that believes in and supports its employees. Thank them for having the courage to report misconduct, affirm that the employer will take all reports of misconduct seriously, and welcome all reports of misconduct regardless of severity.

See something. Say something.

The responsibility to report misconduct should fall on every employee. Encourage anyone who experiences, witnesses, or knows of employee misconduct to report it. Studies show that bystander reporting can help reduce misconduct and create a better working environment.9

Know the workforce.

In the next 25 years, the U.S. is expected to become a majorityminority country.10 At the same time, Knoxville’s non-English speaking population is growing at a fast rate.11 Employers need to know the demographics of their workforce to communicate effectively. Policies and procedures should be provided in languages that reflect workplace diversity. Employers should provide a translation tool at the top of the company’s website page to increase language access to workplace policies. Can employees easily access online materials at home or during breaks? If not, make print copies readily available. Lastly, employers should seek regular input from employees about the policies – ideally in the form of a focus group that can provide user-centered feedback.

1 Edward Segal, Workplace Misconduct Cost US Businesses $20 Billion In the Past Year: New Study, FORBES, (December 16, 2021), available at: https://www.forbes. com/sites/edwardsegal/2021/12/16/workplace-misconduct-cost-us-businesses20-billion-in-past-year-new-study/?sh=2e0ed7c46275 referring to a Vault Platform Report, (April 2023) available at: https://f.hubspotusercontent20.net/ hubfs/4979575/Whitepapers/The%20Trust%20Gap%20Report.pdf

2 EEOC Data Highlight, vol 2 (April 2022) available at: https://www.eeoc.gov/sites/ default/files/2022-04/Sexual%20Harassment%20Awareness%20Month%20 2022%20Data%20Highlight.pdf

3 See Burlington Industries v. Ellerth, 524 U.S. 742 (1998) and Faragher v. City of Boca Raton, 524 U.S. 775 (1998) - the employer may assert an affirmative defense if “(a) that employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) that the plaintiff employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to avoid harm otherwise.”

4 Vault Platform Report, The Trust Gap – Expectation vs Reality in Workplace Misconduct & Speak up Culture, (April 2023), available at: https://f. hubspotusercontent20.net/hubfs/4979575/Whitepapers/The%20Trust%20Gap%20 Report.pdf

5 Employee handbooks should be part of a comprehensive training and education program that involves all workers and is reinforced by management and supervisors.

continued on page 28

About this column: “The cobbler’s children have no shoes.” This old expression refers to the fact that a busy cobbler will be so busy making shoes for his customers that he has no time to make some for his own children. This syndrome can also apply to lawyers who are so busy providing good service to their clients that they neglect management issues in their own offices. The goal of this column is to provide timely information on management issues. If you have an idea for a future column, please contact Sam Henninger at shenninger@wmbac.com.

BILL & PHIL’S GADGET OF THE MONTH

By: Bill Ramsey

Neal & Harwell

By: Phil Hampton

IRIDIUM GO! EXEC PORTABLE WIRELESS ACCESS DEVICE

We are so selfishly sad that Marsha is retiring from the KBA. She booked the Bill and Phil Show at a time when we could not get anyone to listen to our silliness in a CLE. But, we do understand she needs to be selfish herself and enjoy life.

So, Bill decided to check out the latest gadget for those that travel anywhere, including the wilderness. Marsha can go rafting and glamping down the Middle Fork of the Salmon River (in the largest wilderness area in the 48 States) and still stay in touch with the Iridium Go! Exec.

The Go! Exec is the next evolution of the original Iridium Go! line of products that connects to the extensive Iridium Satellite Network. The earlier Iridium Go! device was pretty much restricted to voice calls, emails and text messages. It works quite well and costs about $900. Both the Go! Exec and the Go! are highly portable, and they can both be easily carried on a backpacking or rafting trip. Unlike a Starlink satellite device, you can carry these devices with you anywhere and have internet access. You can also deploy the Go! devices indoors if you purchase a separate external antenna.

The Go! Exec is essentially a mobile hotspot that will connect to Iridium’s worldwide satellite system. It has its own battery so it does not have to be plugged in to work. You can get about 6 hours of usage on its battery alone. It has a touch screen, a speakerphone, an Ethernet port and two USB-C connections.

Bill made use of his Go! on a recent wilderness trip by connecting his mobile phone to the device. He was wise enough (which is unusual for Bill) to set up his cell phone at home before heading to the wilderness. He downloaded the IridiumGo! Exec app and the Iridium Mail app. He used the Go! app to connect his cell phone to the Iridium satellite network, and he bought a subscription to use the network. You get your own email address with the Iridium Mail app, which works much better than trying to connect to the web and use traditional email accounts.

In order to use the phone, you have to find a spot with a nice, open view of the sky. Then you raise the antenna and wait for the Go! device to notify you that it has a signal. (It usually takes about 3 to 5 minutes to make a connection.) You get the best results by using a small external antenna, but it is not necessary.

Admittedly, sending and receiving emails is slow and a bit cumbersome, but texts are amazingly fast and reliable. More importantly, especially for Marsha in her wilderness adventures, you can set up the device to automatically send regular updates on your position in the wilderness, and you can push the SOS button if you are in trouble. The SOS button will send your position and an emergency message to your predesignated contacts. Thankfully, we have never had to use that feature, but Marsha is so wild and adventuresome that she might need this feature one day.

And, who knows, Marsha may buy an RV and the Iridium Go! Exec would be a great addition to the gadgets to use when one is “RVing.” She will need an external antenna to go outside her Airstream so she can get a good signal.

We have noticed an increased market interest in satellite-based communication devices. It is rumored that the iPhone 15 will have a satellite component, for example. And, China’s Huawei has a new flagship phone, the Mate 60 Pro. It is the first cell phone model that has a satellite calling feature. Some industry analysts are predicting that, one day, we will move away from cell service and use satellite service instead. The race to control the space above the earth will continue to intensify. In the meantime, we are down here on earth, and wishing the best and brightest future to our great friend and colleague, Marsha Watson. We will miss you, our pal. Please stay in touch.

LEGALLY WEIRD

By: Lisa J. Hall Hodges, Doughty & Carson, PLLC

ALL FOR ONE DAVID SOSA; ONE FOR ALL DAVID SOSAS

In case you didn’t know, there is an arrest warrant that was issued almost thirty years ago for David Sosa of Texas for allegedly dealing drugs. Whether or not you were aware, this probably does not interfere with your daily life, and for that you should thank your lucky stars. David Sosa, David Sosa, David Sosa, David Sosa, and David Sosa are not so lucky. Imagine the plight of the David Sosas, in particular the David Sosa from Florida, who has been arrested twice after routine traffic stops turned up the warrant for Texas David Sosa’s arrest. While the name is the same, Unwanted Florida David Sosa and Wanted Texas David Sosa do not share a birthdate, height, weight, social security number or tattoos. Regardless, Florida David Sosa was arrested.

In 2014, he was detained for three hours before his true David Sosa

identity was confirmed. In 2018, he was detained for three days, despite explaining the exact issue since the same mistake had already been made four years before. In other words, David Sosa could certainly give Alexander and his Terrible, Horrible, No Good, Very Bad Day a run for his money. He sued the county and the officers, claiming his Fourth and Fourteenth Amendment rights were violated.

On appeal, a majority of the Eleventh Circuit judges held that as long as the original arrest warrant was valid, a three-day detention is not unconstitutional. “The Constitution does not guarantee that innocent people will never be arrested.” Concurring judges held there may be a due process right against “overdetention,” but under the doctrine of “qualified immunity,” a “reasonable police officer who read [the relevant] cases would not know for certain” that a three-day detention was illegal. A dissenting judge pointed out that the officers could have verified Florida David Sosa’s identity in “less than a minute,” had they taken the time to do so.

There are at least 924 David Sosas in the United States. Four of the 924 (two from North Carolina, two from California) filed an amici curiae brief supporting Florida David Sosa’s petition for a writ of certiorari in the United States Supreme Court. The amici David Sosas are united in their concern about the risk of an unlawful three-day detention in Florida, Georgia, or Alabama (the states that contain the federal districts covered by the 11th Circuit), as they are all subject to the same risk as

Florida David Sosa. The brief notes that while only one out of the 924 David Sosas is suspected of selling crack cocaine in Harris County, Texas, in the 1990s, “every David Sosa now faces up to three days in jail without any recourse…anytime police in Florida, Georgia or Alabama run a warrant check.” Perhaps hitting a little closer to home, the brief also points out that there are well over 17,000 people who share a name with Chief Justice John Roberts, and odds are that at least one of them has an outstanding warrant against him, and that another one may be pulled over at some point for a different reason.

In the meantime, the David Sosas of the world (or at least this part of the world) are advised to walk the line (and in fact walk instead of drive whenever possible), follow all traffic laws, and generally avoid Florida, Alabama and Georgia.

Register for the KBA’s Law & Culture Journey to Panama CLE program scheduled for April 1-5, 2024. Optional excursions are available for April 6-7. Register by September 30 to take advantage of the $150 early bird discount.

Join 2024 KBA President, Carlos Yunsan, in his native country on our first-ever CLE Abroad experience to Panama. Our specially designed program will explore Panama’s rich cultural heritage and go beyond tourist corridors by engaging with local scholars, attorneys, entrepreneurs, musicians and artists offering in-depth commentary on the Panamanian legal and political system, international relations, economics, art, history, and religion.

Fees include hotel accommodations including daily breakfast, private airport transfers on arrival and departure days, elevated group dining and culinary experiences (including tips), guided walking tours, private bus charters, full-time tour leader, local guides and specialists, fascinating lecture series with local subject matter experts (engaging to both attorneys and non-attorney guests), entrance fees to all venues/attractions included in group itinerary, and travel tips and assistance.

View a brochure for the trip and learn more at https://www.cle-abroad.com/trip/knoxbar/.

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 Marsha Watson at mwatson@knoxbar.org.

VIEW THE CURRENT LIST OF KBA VETERANS

The Knoxville Bar Association thanks all our Veterans for their service and dedication to our country. Review the list of members who have served in the military at www.knoxbar.org/kbaveterans. If your name is not on the flyer and you would like to be added, please contact Jonathan Guess, Membership Coordinator, by October 10. An insert is planned in the November DICTA.

BOOK TALK: POGIEBAIT’S WAR

KBA member Jack H. (“Nick”) McCall Jr. will talk about his book, Pogiebait’s War, which tells the story of his father’s journey from a small town in Middle Tennessee to World War II combat service with the U.S. Marines. This talk will be held on October 12 at 5:30 p.m. at Union Ave Books, located at 517 Union Avenue. While open to the public, Union Ave Books requests that attendees pre-book their plans to attend, via Eventbrite. That link is here: https://www.eventbrite.com/e/an-author-event-featuring-nick-mccall-tickets-709696028927?aff=oddtdtcreator. Pogiebait’s War is available for purchase at Union Ave Books. Nick will be happy to autograph books.

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. Interviews of Tim Priest and Bob Pryor have been recently added. View the interviews online at www. knoxbar.org by clicking Member Resources and then Practice Resources.

OFFICE SPACE AVAILABLE:

• North Knoxville, right off I-640/275. Part of a larger office with an established attorney. Free Parking and Internet, access to Kitchen and Conference room. Separate entrance. Excellent set-up for a new attorney. $500 per month. Contact Daniel Kidd, dan@ danielkiddlawoffice.com.

• First class furnished individual offices for rent on the 19th floor right off the elevator in First Horizon Plaza, 800 S. Gay Street. Please contact Lance Baker at 865-310-0997 for further details if you are interested.

• Downtown Office Space for Rent - Large corner office with a view of downtown. Located in the First Horizon Building. $900 monthly. Inquiries can be sent to jfanduzz@gmail.com.

MANAGEMENT COUNSEL,

continued from page 25

6 Think Impact Literacy Statistics (2023), available at: https://www.thinkimpact.com/ literacy-statistics/

7 Visit grammarly.com for more information.

8 Victoria Lipnic, EEOC Select Task Force on the Study of Harassment at the Workplace (June 2016), available at: https://www.eeoc.gov/select-task-force-studyharassment-workplace#_Toc453686298

9 Id.

10 William Frey, The US will become ‘minority white’ in 2045 Census projects, Brookings Institute (March 2018), available at: https://www.brookings.edu/articles/ the-us-will-become-minority-white-in-2045-census-projects/

11 For a glimpse of some of the demographics of Tennessee’s immigrant community (actual numbers are hard to determine due to the number of undocumented immigrants who live and work in the shadows of data collection processes), visit the American Immigration Council’s Factsheet on Immigrants in Tennessee, available at: https://www.americanimmigrationcouncil.org/research/immigrantsin-tennessee. The number of English Language Learners (students whose primary language is not English) in Knox County Schools has almost doubled from 4.6% in 2018 to 7.9% in 2021. See Tennessee Department of Education, Report Card Data for 2018 and 2021, available at: https://www.tn.gov/education/data/datadownloads.html

Address Changes

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

Morgan Webber Fitzgerald

BPR #: 040387

Tennessee Supreme Court

P.O. Box 444 Knoxville, TN 37901-0444

Ph: (865) 594-6707 morganwebber97@gmail.com

Thomas H. Jarvis

BPR #: 036835

Tennessee Supreme Court

P.O. Box 444

Knoxville, TN 37901-0444

Ph: (865) 594-6707 thomas.jarvis@tncourts.gov

Ryen M. Lamb

BPR #: 037489

EdFinancial 120 N Seven Oaks Dr. Knoxville, TN 37922-2359

Ph: (702) 575-3359 lambr94@yahoo.com

Alyssa Y. Minge

BPR #: 028275

Law Offices of Gary H. Nichols 3655 North Point Parkway, Suite 500A

Alpharetta, GA 30005

Ph: (770) 730-3530 alyssa.minge@thehartford.com

Taylor P. Monnig

BPR #: 038192

Holland & Knight 511 Union St., Suite 2700 Nashville, TN 37219

Ph: (615) 850-6079 Taylor.Monnig@hklaw.com

Tyler L. Ring

BPR #: 040309

Brock Shipe Klenk 265 Brookview Centre Way, Suite 604 Knoxville, TN 37919-4066

Ph: (865) 338-9700 tring@bskplc.com

Hon. Dwight E. Tarwater

BPR #: 007244

Tennessee Supreme Court P.O. Box 444 Knoxville, TN 37901-0444

Ph: (865) 594-6707 justice.dwight.tarwater@tncourts.gov

Shanon Elizabeth Taylor

BPR #: 040464

Veritas HHS 551 W Main St. Knoxville, TN 37902-2504

Ph: (865) 806-2178 shanon.taylor@tn.gov

Elizabeth M. Towe

BPR #: 032264

U.T. College of Law

1505 W. Cumberland Ave. Knoxville, TN 37916-3199

Ph: (865) 974-1140 etowe@utk.edu

WELL READ

By: Sarah M. Booher Tennessee Department of Human Services

DEMON COPPERHEAD

“People love to believe in danger, as long as it’s you in harm’s way, and them saying bless your heart.”

– Barbara Kingsolver, Demon Copperhead

Only two Appalachian novels have won the Pulitzer Prize for Literature. The first was Death in the Family, posthumously bestowed in 1958 on Knoxville’s own James Agee for his autobiographical story. This year, sixty-five years later, Barbara Kingsolver’s Demon Copperhead won the prestigious award.1 A modern, American retelling of Charles Dickens’ David Copperfield, this novel makes it clear that our struggles with institutional poverty and the harm it causes our children have yet to be resolved.2

And while Kingsolver’s tale isn’t autobiographical, it isn’t not autobiographical. She was born and raised in Kentucky before escaping to Tucson, Arizona, for twenty years and then settling back in a different part of Appalachia, this time southwest Virginia.3 Her novel focuses on Damon Fields, an acerbic, witty, redheaded boy (hence the wry nickname Demon Copperhead) born to a single mother in a singlewide trailer in Lee County, Virginia. It’s the 1990s and Appalachia is at the tail end of the collapse of the mining industry. The novel spans Demon’s entire childhood as he takes us with him on a journey through the ravages of the opioid epidemic and the overwhelmed foster care system that struggles to catch its tiniest victims.

Kingsolver wasn’t a foster child, but she knows what it means to be Appalachian. She still carries a twang in her speech. She grew up knowing she was economically disadvantaged because her classroom bullies reminded her. She knows Appalachia is the butt of everyone’s joke, and she knows good representation of the region is hard to find. “I write about things that worry me, the big things that I think worry a lot of people.”4 She worried because Appalachia was an intentional target of big pharma. She worried about families gutted and ripped apart by the resulting addictions. She worried we were invisible. “Fiction means you can deliver tragedy on a scale that can fit inside the human heart.”5

When I tell you that Kingsolver barely fits Demon Copperhead to the scale of a human heart, I mean it. I’m a voracious reader. I always have been. While I have strong feelings about reading and books, I’m generally a “not every book is for every person” kind of reader. I don’t take books and preferences personally. That is, until Demon Copperhead. I feel this book intensely. Between my Appalachian lineage, my former life as a foster parent, my current life as cofounder of a Knoxville nonprofit focused on providing Christmas for children experiencing foster care (call or email me sometime – I’d love to tell you about Santa Elves, Inc.), my law school classmate and friend from Lee County, Virginia, and my absolute adoration for a gorgeously impeccable novel, Kingsolver packed my heart full of every emotion possible.

I won’t kid you; this novel is tough. It’s gorgeous, it’s magically

written, it’s perfection. It’s also exhausting – perhaps because, as Kingsolver herself says, “A novel asks you to put your life down and go inside somebody else, and you see the world through their eyes.”6 There is a huge swath of the book where you are rooting and screaming for Demon to catch a break, and instead he’s on the ground and the world and the system are incessantly pummeling him. You want to quit. And yet, every time he’s down, and you see another blow coming, he says something that’s absolutely hysterical, and you’re laughing through the rage. Or one character will come along who offers Demon a chance at community, at the family he’s never had, and then you know that Appalachia is as much a character in this novel as anyone else, giving us regional representation like we have never seen it before (Knoxville features fairly prominently throughout the piece). Never mind the fact he’s got a mouth on him that would rival a Quintin Tarantino movie.

So, by the time I had survived almost all of the 560 pages of this novel, I was concerned about the ending. It would have been really easy for her to oversell it – or to give up. I couldn’t see a great ending for the novel in my future, but I shouldn’t have worried. She nailed it. She made it real, yet also believable and still optimistic. I cried from exhaustion. As a result, when people tell me they quit reading it or that they don’t want to read it, I’m furious. I’m indignant. I’m judgmental. They missed the point; they gave up right before the miracle. It’s Kingsolver’s tenth novel, but it’s also her magnum opus and our Great Appalachian Novel.

I know the subject matter is hard, especially for those of us who have spent the last twenty-five years perched in the middle of the opioid crisis. I know it is hard for those of us in the legal field who are beleaguered every day by the tragedy of children’s stories. But it is an important story. It is a hopeful, useful, faithful reminder that the world is ugly, but it is also a beautiful place for connective and redemptive resilience. I beseech you to read Demon Copperhead and be moved by what I know is my favorite read of 2023.

1 Lilly Knoepp, Appalachian Writer Barbara Kingsolver Wins Pulitzer Prize, first fiction winner in region since 1958, bpr.org (May 9, 2023, 3:44 PM), https://www.bpr. org/arts-performance/2023-05-09/appalachian-writer-barbara-kingsolver-winspulitzer-prize-first-fiction-winner-in-region-since-1958. It is not necessary to read the Dickens novel first to have an appreciation for this book. It makes the experience richer but is entirely optional.

2 Dan Kois, Barbara Kingsolver Was Writing Social Justice Novels Before They Were Cool, slate.com (Oct. 17, 2022, 9:02 AM), https://slate.com/culture/2022/10/ barbara-kingsolver-interview-demon-copperhead-appalachia-identity-politics.html

3 Id.

4 Marie-Claire Chappet, Women’s Prize for Fiction winner Barbara Kingsolver: “I want to earn my shelf space on the planet,” harpersbazaar.com (June 16, 2023), https:// www.harpersbazaar.com/uk/culture/culture-news/a44219689/womens-prizefiction-winner-barbara-kingsolver-interview/

5 Id.

6 Id.

PRO BONO SPOTLIGHT

By: Caitlyn Torney Director of Pro Bono Legal Aid of East Tennessee

OCTOBER IS CELEBRATE PRO BONO MONTH!

October is Celebrate Pro Bono Month! The goal of Pro Bono Month is to bring attention to the need for pro bono services and recognize those in the legal community who volunteer their time and expertise to help meet the endless need for free legal help. Attorneys from across our service area are invited to join in the spirit of Pro Bono Month by donating time, expertise, and resources. We also invite you to join us on November 2nd for Pro Bono Night 2023 to take some time to relax and celebrate the enormous amount of pro bono work that we can accomplish with your help!

Volunteer:

Legal Advice Clinic for Veterans –

Wednesday October 11th Noon – 2:00 PM

Join us at the Veteran’s Clinic to give back to those who have given so much to us! Veterans and their family members come to this clinic with a wide range of legal issues, so we always need attorneys from a diverse range of practice areas. The clinic is held on the second Wednesday of each month at the Knox County Public Defender’s Community Law Office from Noon to 2:00pm. Law student volunteers come help with intake, and the opportunity for attorneys to volunteer via phone is always available. Sign up on the KBA website!

Estate Planning Clinic Workday –

Wednesday October 25th 3:00 PM

We are excited to partner with Eastman, Habitat for Humanity, and LMU Duncan School of Law to help draft and execute documents for Habitat home recipients in the Tri-Cities Area. On Wednesday October 25th, LMU Duncan School of Law Students will be drafting estate planning documents for these clients, and we need Knoxville-area attorneys to supervise each student. This is a fun way to get to know the next generation of local attorneys and help deserving new homeowners protect their legacy! The workday will be held from 3:00 to 4:30pm at LMU Duncan School of Law on Summit Avenue. For more information or to sign up, please email me or Melinda.Brown@lmunet.edu.

Blount County General Advice Clinic –

Saturday November 18th 9:00 AM

Join us to help neighbors in Blount and the surrounding counties take the first step in addressing their legal concerns. This clinic is open to any and all walk-in clients and we welcome any and all attorney

volunteers to help address a diverse range of legal issues. Law student volunteers from LMU and UT will be on hand to help with intake and are always eager to sit in on attorney consultations. The clinic begins at 9:00 AM on Saturday November 18th at the Blount County Public Library in Maryville and will run until 11:00 AM. To register, please email me or look for a sign-up link on our website.

Take a Case and Get CLE Credits!

In addition to clinics, we continue to place cases for full representation throughout the year and have a high need for attorneys willing to help with probate assistance, adoptions, and conservatorships. We provide volunteers with training materials, sample documents and pleadings, and mentor attorneys who are willing to help volunteer attorneys navigate a new practice area. We are also currently recruiting attorneys interested in LAET’s Contract Attorney Program (“CAP”) to do primarily family law work for clients in Knox and the surrounding counties at a rate of $75.00/hour. If you are interested, please email me for more information.

I also encourage you to visit the Pro Bono Matters section of the Legal Aid of East Tennessee website. Pro Bono Matters provides attorneys with the ability to survey available cases and sign up to represent a client through our website. A brief description of the client and their legal needs are provided, and new cases are added regularly. Cases can be searched based on county, subject matter, and various other key factors. To check out cases currently available please visit https:// www.laet.org/pro-bono-matters/

YOU’RE INVITED…

You’re invited to CELEBRATE with Legal Aid of East Tennessee’s Knoxville Office at our annual Pro Bono Night on Thursday November 2nd! Join us at The Standard located downtown on Jackson Avenue to celebrate all the incredible attorneys, law firms, and community partners that do pro bono work and contribute to our mission and make our community a better place. Doors open at 5:00 pm, so you can swing by after work for food, drinks, live music, a silent auction, and awards, including the induction of Justice Sharon Lee into the Donald F. Paine Memorial Pro Bono Hall of Fame. You can purchase a table or individual tickets through our events page on our website, special rates are available for students and new attorneys. Feel free to reach out to me directly with any questions!

Upcoming Clinic Opportunities

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.

• Wednesday November 8th, Wednesday December 13th Noon – 2:00 PM. • To sign up, please use the form on the KBA Website or email ctorney@laet.org.

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

• Saturday November 4th 9:00 AM – Noon • To sign up, please use the form on the KBA Website or email ctorney@laet.org.

Estate Planning Workday: In person at the LMU Duncan School of Law.

• Wednesday October 25th 3:00 PM – 4:30 PM. • To sign up, email ctorney@laet.org.

Blount County Advice Clinic: In person at Blount County Public Library.

• Saturday November 18th 9:00 AM – 11:00 AM • To sign up, please use the form on the LAET Website or email ctorney@laet.org.

TELL ME A STORY

By: Maddie Lynn Bradley Arant Boult Cummings LLP

STAYING ON PATH,

Knoxville, Tennessee was never a place I thought I would end up working, let alone living. What brought me to Knoxville is a tale as old as time: I followed a boy, the same boy I got to marry this past May. But as cliché as moving for a boy may sound, it involved taking a risk on a new job and new city, and it forced me to stop and consider where I was in my career, which I may have not otherwise done. Taking that risk not only helped me grow as a person and an attorney, but it also made me realize that in order to move forward towards our goals, we all need to stop every now and then to take stock of where we are in our lives and careers.

I am originally from Atlanta, Georgia, where I had lived my entire life, except for those seven wonderful years in Athens while I attended undergrad and law school at the University of Georgia. After graduating law school (in the chaotic spring of 2020), moving home to Atlanta just made sense with its familiarity and job certainty. After taking the Georgia Bar Exam (that was delayed twice because of COVID), I began working at a firm in midtown. When deciding to work for that firm, I honestly did not think of what kind of work-life I wanted; I was mostly just happy to have a job. Starting as a first-year associate during the pandemic came with unique challenges that I did not fully realize until later. Those first few months in the office were quiet. Frequently, the only person I would see in a day was the partner I worked with. While this partner had many amazing attributes, unfortunately, he was so busy that as a brand new associate, I was often too nervous to bother him with what I thought were simple questions, and he was not the type of partner to ask if I had any questions. With the other senior associates only coming into the office once or twice a week, it could be difficult to find someone to answer my questions in a productive manner. As a result, one of the first things I learned was that learning how to do a job effectively was a lot easier in person than over the phone or email.

Jumping forward a year or so, my now husband was accepted to the Ph.D. program at The University of Tennessee. I had never been to Knoxville before and leaving Atlanta meant leaving my prior firm and finding a new job. Having to look for a new job was a blessing in disguise because it forced me to consider and think about what kind of firm I wanted to be in and the type of people I wanted to work with.

Looking back now, I realize that this was one of those choices where the risk paid off. My new firm in Knoxville welcomed me in, supported me when I took the Tennessee Bar Exam, and celebrated with me when I passed that exam and married my husband. Moreover, everyone I have worked with in the firm (and not just the Knoxville office) is happy to take the time to teach me and answer any questions I have. Even though it is a small office, because everyone comes into the office most days, I

am able to get the facetime to help me learn and grow as an attorney. My new firm and its people really showed they were invested in me and invested in making me the best attorney I could be. While I never would have imagined I would be working in Knoxville, I know I made the right move (even if I have to see that orange everywhere). Making this move forced me to stop and consider what I was missing from my job and what I wanted from my career in a way I had not done so before, and from this, I learned that stopping and thinking about where you are can be instrumental in keeping you on the path you actually want to be on. I hope that next time it won’t take moving to a new city to make me check in on where I am in my career.

P.O. Box 2027

Knoxville, TN 37901

Bench & Bar Celebration

On Wednesday, September 6, the KBA membership gathered to honor our local judiciary at the Bench & Bar Celebration. The reception was a triumphant celebration of our bench and bar, with well over 250 attorneys, judges, and guests in attendance. Chief Justice Holly Kirby highlighted the recent changes on the Tennessee Supreme Court, and the Knoxville Bar showed up to express their appreciation to Justice Sharon Lee for her 19+ years of dedicated service to our state and to celebrate with Knoxville’s own Justice Dwight Tarwater on his appointment to the Court. Our generous sponsors made the event possible and everyone who attended took full advantage of the opportunity to enthusiastically fellowship with friends and colleagues. Check out all the photos in the gallery on the KBA website or view high resolution photos at https://shootingthebar.pixieset.com/benchandbarcelebration2023/

CORPORATE SPONSORS

First Horizon Bank

HMR Servicing, LLC

Image Matters

LexisNexis

Pinnacle Financial Partners

SmartBank

TCV Trust & Wealth Management

GOLD SPONSORS

Arnett | Baker, LLP

Bernstein, Stair & McAdams LLP

Bradley Arant Boult Cummings LLP

Brock Klenk Shipe

Egerton, McAfee, Armistead & Davis, P.C.

Fox Farley Willis & Burnette

Frantz, McConnell & Seymour, LLP

Garza Law Firm

Hodges Doughty & Carson PLLC

Kramer Rayson LLP

Lewis Thomason, P.C.

Merchant & Gould P.C.

Milberg Coleman Bryson Phillips Grossman, PLLC

Paine, Bickers, Elder, King & Williams, LLP

Pryor, Priest, Harber, Floyd & Coffey

Ritchie, Davies, Johnson & Stovall, P.C.

Woolf, McClane, Bright, Allen & Carpenter, PLLC

SILVER SPONSORS

Butler Vines & Babb

Eldridge and Blakney, P.C.

Elmore, Stone & Caffey

Kennerly, Montgomery & Finley, P.C.

London Amburn P.C.

Long, Ragsdale & Waters, P.C.

Watson, Roach, Batson & Louderback, P.L.C.