Constitution Day is observed every year on September 17 to commemorate the signing and adoption of the Constitution by the Founding Fathers in Philadelphia on September 17, 1987. The Knoxville Barristers celebrated this year’s Constitution Day by once again meeting with local elementary school students at Dogwood, Maynard, Pond Gap, South Knoxville, and Christenberry Elementary Schools. For those (like me) who otherwise generally have no experience with elementary school students, the best way I can describe them is that they are like adults, only smaller.
On September 9, Barristers met with second and fourth grade students to discuss the Constitution, three branches of government, checks and balances, and what lawyers do. The following week, the students performed a presentation for local judiciary members. The judiciary members then shared about their experiences as well as answered questions about their roles and experiences as judges.
I want to extend thanks to our volunteers Brain Bibb, Carlos Yunsan, Reece Brassler, Grant Williamson, Emily Cala, Jimmy Snodgrass, Jacob Refner, Georgia Seay, Danny Chung, Carolina Hughes, Reagan Caruthers, Caitlin Torney, the Hon. Suzanne Bauknight, the Hon. Katherine Crytzer, the Hon. Debra Poplin, the Hon. Meredith Weaver, the Hon. Lisa Lowe, and the Hon. John Rosson. I also want to extend thanks to my Barristers School Outreach Committee co-chair Christine Knott, KBA Executive Director Marsha Watson, and KBA Programs & Communications Coordinator Bridgette Fly in assisting in
the coordination of this event.
Part of the perks of coordinating Constitution Day is reviewing post-event summaries from volunteers about their experiences. My word count limit cannot include all details, but there were several common themes among volunteer stories.
First, it was amazing to witness the level of knowledge among the students. Indeed, many volunteers noted that the students had a greater working knowledge of many constitutional details than the volunteers themselves (as an example, I can personally attest that I heard more about the Third Amendment from fourth graders at Dogwood Elementary than I have from any other source (including law school)).
Additionally, the students were genuinely engaged. Whether it was their willingness to volunteer in an activity, participation in the students’ presentation, or asking questions, there was no lack of enthusiasm among the students.
Moreover, the program is just pure fun. For many volunteers (myself included), this is the most fun event of the year. And it is not just fun for the volunteers. The students love the visits, and so do the teachers.
Lastly, the program is meaningful. For the students, it offers a deepening of knowledge of the nation’s highest laws as well as a window into a potential career path. For volunteers, it offers the (refreshing) contemplation that occurs by engaging with youthful curiosity about what we as lawyers do and why we do it. At risk of an understatement, the program is a worthy endeavor.
DICTA
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.
The ADR Section plans regular CLE throughout the year. Join the ADR Section for the upcoming CLE programs “Strategies for Conducting a Family Law Mediation” on November 2 and “Mediation: Practice & Ethics Update 2022” on December 15. If you have a CLE program topic or speaker suggestions, please contact the ADR Section Chairs Joe Jarrett (566-5393) or Betsy Meadows (5408777).
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 19 and volunteer registration is available at www.knoxbar.org. Save the date for the annual CLE program “Bankruptcy Case Law Update 2022,” scheduled for December 16. If you have a program topic or speaker suggestions, please contact the Bankruptcy Section Chairs Tom Dickenson (292-2307) or Greg Logue (215-1000).
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).
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 2022” scheduled for November 17. If you have suggestions for CLE topics, please contact Section Chairs Joshua Hedrick (524-8106) or Sarah Keith (931-260-5866).
The Employment Law Section is intended for management and plaintiffs’ counsel, in addition, to in-house and government attorneys. If you have a program topic or speaker suggestions, please contact the Employment Law Section Chairs Howard Jackson (546-1000), Tim Roberto (691-2777) or Mark C. Travis (252-9123).
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).
The Family Law Section has speakers on family law topics or provides the opportunity to discuss issues relevant to family law practice. Join the Family Law Section for the annual CLE program “TN Family Law Update 2022” on December 13. If you are interested in getting involved, please contact Section Chairs Jo Ann Lehberger (539-3515) or Steve Sharp (971-4040).
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).
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).
The New Lawyers Section is for attorneys within their first three years of practice, and any KBA member licensed since 2020 will automatically be opted-in to the section. The KBA New Lawyers Section is hosting ‘Business Coaching for Young Attorneys – Get an Early Leg Up on Your Career’ with Leigh Cowden on Thursday, November 10 from 5:30-6:30 PM at Schulz Brau Brewing Co. If you would like to get involved in planning Section activities next year, please contact Section Chairs Courteney Barnes-Anderson (803-341-0196) or Sanjay Raman (607-972-6140).
The KBA Senior Section plans to start meeting again in 2023 for lunch. If you have suggestions for speakers, please contact Chair Wayne Kline at (292-2307).
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. Save the date for the CLE program “Marketing in the Age of Social Media” scheduled for December 20. If you have a program topic or speaker suggestions, please contact Section Chairs Tim Grandchamp (392-5936), Brittany Nestor (214-7869), or Tripp White (712-0963).
As of the writing of this article, it feels a little like 1996. The Vols play Alabama this weekend in a matchup of undefeated SEC teams with championship aspirations. Tennessee fans have elevated our talented quarterback, Hendon Hooker, to the status of rockstar. Gameday will be broadcasting from campus on Sunday, and it feels like we are the epicenter of college football. The color orange is again in vogue.
Substitute Peyton Manning for Hendon Hooker and the University of Florida for the University of Alabama, and we are living through 1996 all over again. A good era for the Volunteers and the year in which I received my license to practice law. That was the year I joined the KBA, and I joined the fellowship of east Tennessee lawyers.
I am thinking about those days not just because our football team is playing well. I had the honor over the past couple of weeks of performing character and fitness interviews for candidates sitting for licensure by the Tennessee bar. As is my custom, I took the opportunity to extoll the virtues of bar membership and impress upon the soon-to-be newly minted lawyers the need to be part of something larger than themselves.
I asked them why they decided to become lawyers in the first place. We all had our reasons for why we became lawyers. Some did it out of a desire to help people, some did it because they thought it was a good way to make money. Some enjoy the challenge presented by the practice, while others had been called to the practice for a long time, perhaps inspired by a teacher or encouraged by family.
Regardless of why someone started in practice, the more interesting question for me is why we stay. The practice of law is hard. There is no question about it. There are certainly easier ways to make money and, so long as the billable hour is the coin of the realm, there is a limit as to how much money can be made. Our commodity, our time, is finite. It is true that you can help people with a law license and that is a good feeling. However, true victories are actually fairly rare. Normally we succeed for our client at the expense or cost to another person. Plus, the reach of how much good we can do is normally limited to one client at a time.
Perhaps it is the challenge of the practice that keeps so many engaged in the practice of law. Being a lawyer is a badge of honor. It is an achievement. It is an acknowledgement that one can succeed in one of the most demanding, if not the most demanding, professions in the world. The practice of law requires a mastery of multiple disciplines: high-level reasoning, creative and technical writing, obsessive organization, strong memory and recall, charismatic and persuasive public speaking and debate skills, and an ability to efficiently and effectively pursue a path to resolution. Perhaps we practice law because we love the challenge. We love the feeling that comes with knowing we can succeed in that environment. There is probably something to that. Law students
and lawyers tend to be achievers. We are accustomed to academic and professional success. It is a motivating force. Nonetheless, it seems like that adrenaline rush would run thin in time. Eventually, the stress would seem to outweigh whatever rush we get from the practice and more people would choose different opportunities. But that doesn’t happen. Year after year we see attorneys staying longer and longer in the practice.
So, what is it that keeps so many of us working in a difficult and stressful profession? Why do we do this? Personally, I think it is a little combination of everything above. We got into the practice for one of a variety of good reasons and we stay because we can earn a good (not great) living, we enjoy helping people and we feel challenged in our career choice, making it much more rewarding. I understand that there may be a variety of other reasons, but I think these are the most common factors. And there is one more thing. After a few years of practice, it becomes our identity. It is just who we are. There are a lot of adjectives and categories you would use to describe Jason Long as a person, but lawyer is up near or at the top of the list. I suspect it is for many reading this article. We identify as lawyers, and it is a core part of who we are. Maybe more so than many other professions, lawyer defines a type of person, how we think and act and basic elements of our personality. I think that is pretty special, and I am proud of it.
As technology has advanced, and the nature of the practice has changed, whether by increased specialization, remote access to a larger volume of resources, or a number of other changes in the practice, I have heard people question whether bar associations remain relevant to the practicing lawyer. When I hear people question the relevancy of bar associations, I remind myself of why people are lawyers and why we take pride in being defined by the profession. Our bar association facilitates all of the reasons we are lawyers and enhances those experiences. The bar association can help in practice, providing one resources to be more successful, personally and financially. It creates a community, allowing a larger collective reach to do good. It develops that pride in profession and self-definition as a lawyer by giving an opportunity to interact and collaborate with others who show us what the practice of law can be.
I am proud to be a lawyer. I am proud to be a member of the Knoxville Bar Association. I think those two things go hand in hand and complement one another. I hope, if you have not already, you will take the opportunity I encouraged these new lawyer candidates to take. Participate in the bar. Take advantage of its resources and opportunities to remind yourself why you are glad to be a lawyer. Whatever the reason, I’m willing to bet the KBA has the tools to enhance that pride and sense of community. Whether it is 2022 or 1996, the KBA is there for lawyers, and I am thankful it is.
You need to meet Josh Smith. I know what you are thinking. “Which Josh Smith?” Valid question. After all, the Internet says there are 6,472 people in the United States with the name “Joshua Smith.” Josh and I were paired together [I prefer that to “Buddy Match”] for the KBA’s Diversity, Equity, and Inclusion CLE on September 29th. Let me give you a few details so you will know Josh when you meet him.
Josh is a 2L at the Lincoln Memorial University Duncan School of Law. He is a true Knoxvillian—graduated from Fulton High School right up the road. He is married (I got to meet his amazing wife) and has two children. The younger one just started kindergarten, and she may or may not be a bit of a diva when it comes to dance recitals. So, Josh gets to juggle all of the demands of law school plus all of the demands of parenting.
But, not to worry. Josh is used to pressure. Before heading to law school, Josh was in law enforcement. He worked in the juvenile division trying his best to help kids find a better path in life before the paths they were on led to more permanent consequences. Those of you who spend a lot of time in juvenile court may have seen him there. Hopefully, you were kind and professional.
Then, at the age of 25, Josh lost 100% of his vision. I don’t know what happened. I didn’t ask Josh to tell me. It is his story to tell, and if I needed to know it, I assume he would tell me. Besides, it is generally considered rude to ask someone you just met to share that much personal information, and at the end of the day it doesn’t matter. What matters is what happened next.
Josh went back to school. Initially, his plan was to get back to working with juveniles. So, he enrolled at UT and earned a Bachelor’s degree in psychology. Then, he earned a Master’s degree in Social Work. He earned two college degrees without the use of his eyes.
But, he learned something more important. He learned to advocate. Federal and State law requires educational institutions like UT to provide reasonable accommodations to individuals with disabilities so that they can have the same educational experience. But, Josh learned that you have to speak up and say what you need—and often times, you have to say it multiple times to multiple people—before something gets done.
Then, the strangest thing happened. Josh had two college degrees and plenty of experience. He also did really well in telephone interviews. But, for some reason when he would go in for an in-person interview, the job offers didn’t materialize. We could speculate as to why that was the case, but that probably is not wise.
At the end of the day, that is why Josh went to law school. He had already been working on his advocacy skills, and he figured he may as well get a degree in it. That is what Josh wants to do when he graduates in 2024. He wants to be a lawyer specializing in disability and immigrant rights and advocacy.
I knew all of this about Josh before we met in person at the KBA’s event. I try to get to know my law students before we have to do a mixer together—makes it less awkward. So, I asked Josh what I could do to make sure he enjoyed the event. He only asked for two things—help him navigate to our table and, if there was anything displayed on a screen or in written materials, tell him what it is. And so we did.
To navigate the room, Josh told me that all he needed was an elbow, so I offered an elbow and away we went. It isn’t that easy to wind your way through a room full of people, standing around, to find a table at the front of the room. The good news is that it gave me the opportunity to introduce Josh as we went along. Josh is really good at small talk.
But, then we got to the CLE part of the program. Don’t get me wrong. It was an amazing program. But, as someone who does a lot
of public speaking, I had never realized how many times speakers (me included) say things like, “as you can see on the screen” or “looking at the list in your materials” or some other reference to something that the audience has to be able to see in order to appreciate whatever the speaker is saying. So, I scooted back my chair to sit next to Josh and, whenever I heard one of those phrases, I tried to read or describe the thing that the speaker was referring to.
It wasn’t easy for me to keep up with the speaker. I cannot imagine how hard it was for Josh to process all of that information just by hearing it. Josh was gracious and didn’t tell me I was doing it all wrong—or say anything about my breath for that matter.
So, what did I learn about inclusion and why it matters? I learned that, if the conversation about diversity, equity, and inclusion only focuses on issues of race and gender, we are missing a very important part of the conversation. According to the CDC, there are 61 million adults with disabilities in the United States.1 We are missing out if we are not actively looking for ways to invite and integrate these individuals into the legal profession. I learned that we need to expand the conversation about attorneys with disabilities to address more than alcohol and substance abuse or mental health. If you don’t know how to start either conversation, then you need to meet Josh Smith. If you don’t meet him now, I guarantee, you’ll meet him when he joins the Knoxville Bar in 2024.
1 Centers for Disease Control, Disability Impacts All of Us, available at https://www. cdc.gov/ncbddd/disabilityandhealth/infographic-disability-impacts-all.html (last visited Oct. 9, 2022).
It’s fair to say that I lost some interest with the catchy headline used for this month’s column. As a millennial (although on the very edge of making the cut, I’ll let you decide which edge), I rely on YouTube reviews for nearly everything I purchase. When conducting these reviews, you’re certain to run across the “Top 5 reasons you should buy this product”, or the “Top 5 reasons you should not buy that product.” Based on the success of these influencers, let’s give this a shot with our “Five Practice Tips from A Second Year Associate.”
Tip Number 1: You are likely to practice in many areas before you’re able to drill down into the area that best suits your goals. It’s true, I can competently file a detainer warrant in general sessions court in the morning, draft a motion for chancery court before lunch, and appear for a conference in federal court before the end of the day. This is how you build skills as a new attorney. I have always welcomed delegated work from others in the office who have developed and honed in on a particular practice area and prefer to stay in that lane with their practice. As a non-traditional law student, I was well aware of the fact that much of your education takes place on the job. I’m not sure I would be able to handle it, nor would this profession hold my interest, if there wasn’t something new to be learned every day at the office. It’s important to learn from those around you, and imperative to keep in mind that there is often more than a single way to approach many of the issues that we encounter on behalf of our clients. Work with the attorney who has delegated the task to ensure you are on the same page with her approach, as this can save you some work on the back end when you turn over the finished product.
Tip Number 2: Find a mentor and/or a sponsor. A speaker at a CLE I recently attended offered a great presentation on the difference between a mentor and a sponsor. I won’t dive into that here, but I would suggest you take a look at it if you’re able to find it on the KBA website or reach out to me and I will send you materials. Either way, it is crucial to build relationships and find these mentors and sponsors along your way. I’m surrounded by knowledgeable attorneys at my firm, and when I step into practice areas outside of their breadth of knowledge, I call an outside friend and mentor from my prior firm to obtain guidance from there.
Tip Number 3: Be flexible. You aren’t going to have maximum control over your calendar for a while. The delegation of tasks I mentioned above also means that hearings, meetings, and other commitments are being added to your calendar daily. Look at this as job security, and an opportunity to show that you’re able to manage multiple tasks consistently without reminders and the need to have someone manage your time for you. Speaking of time management, learn to bill efficiently. If you do not bill in your practice, congratulations. If you do bill, use your time management system, develop a spreadsheet, or formulate a system in which you can keep track of time as you bill it. You will thank yourself at every opportunity once you have trained your mind to become an efficient timekeeper.
Tip Number 4: Become organized and keep it that way. These tips are connected! Unless you have a superpower, there is no way you will be able to keep up with work from multiple partners from memory. You don’t want a phone call from the bench with your presiding judge asking where you are for your hearing that was scheduled at 9:00 am. While this is no fun for any attorney, it is potentially worse for an associate! Not only are you answering to the Judge and your client, you’re also defending yourself in front of the partner whose client just texted them to ask why they had no representation in court. This goes for depositions, conference calls, and any other meeting or deadline that becomes your responsibility once it has been added to your plate.
Tip Number 5: We all have similar issues, regardless of what you hear from the community. Attorneys are confident. Our clients retain us to represent them and be confident in our actions. On occasion, this spills over to our personal lives and creates an environment in which our friends and peers feel as though they cannot admit they had a bad day or admit to the stress that they have been experiencing. Mental health and work/life balance have come a long way in recent years within our profession, but we aren’t there yet. Whether you’re working as a transactional attorney and trying to get an agreement turned and back to your client before she becomes frustrated, or you’re bracing yourself to appear in federal court where you are unfamiliar with your surroundings, it all comes with a certain level of anxiety. I believe that some of this anxiety can be channeled in a healthy manner. It keeps you on point and prepared to represent your client. Try to find that level of usefulness for yourself, and then also remind yourself that anything in excess of that benchmark isn’t going to do much in assisting you to get through your day.
If you’ve made it this far, I hope
was
of information you could
practice. I feel like I should also say, be sure to like and subscribe, only because that’s how the influencers do it.
Your career spans many decades. Maintaining the eager enthusiasm you once had for lawyering can be challenging. You had the motivation to get through law school and graduate. You had the motivation to study and pass the bar exam. You had the motivation to go above and beyond to get your dream job. You’ve checked all those goals off; now what? Life is showing up and doing the job every day for the next 40 years. The reality sets in, the dream job has lost its luster, and many lawyers I work with express having lost their motivation. They are stressed out, anxious, and cynical about their job. Is it possible to rekindle the motivation? If so, how can you create long-lasting, sustainable motivation to get you across the finish line of the career marathon?
Two essential components to motivation are 1. how you frame your goals and 2. incorporating activities daily that naturally produce dopamine – the neurotransmitter associated with motivation.
Motivation is the desire to act in service of a goal. When you have time-limited, specific goals, it is easier to maintain motivation because you can see the finish line. Graduating from law school and passing the bar are two such examples. Individual days may be challenging but keeping your eye on the prize sustains your drive. But you cannot see the finish line when you’re in the thick of your career, and it is easy for that drive to disappear.
Motivation lies on a spectrum. On one end is extrinsic motivation, and on the other is intrinsic motivation. Extrinsic motivation involves accomplishing a goal because a) you either want to avoid pain or punishment or b) you want to earn a reward. Examples are: filing a motion with the court at the deadline to avoid consequences; saying “yes” to requests to avoid people being mad at you; receiving compliments about your fancy car or house; entering billable time to avoid getting in trouble; and earning partner status for the title and power over others. Stress, fear, and insecurity fuel these externally-motivated goals.
Intrinsic motivation involves working towards and accomplishing a goal because it is inherently rewarding. The goal to become a law firm partner because you enjoy extra responsibility and like to lead others is an example of intrinsic motivation. Others are: earning money to finance a life that allows you to do things you love and provide for your family; practicing law because you enjoy problem-solving, using your intellect, learning new things, and helping others; entering your time daily as an act of valuing yourself and capturing business accurately; and filing a motion on your case because you want to move the case forward and advocate for your clients. Desire, reward, and satisfaction fuel intrinsically-motivated goals.
Extrinsic goals do not help you achieve lasting well-being; they are associated with narcissism, anxiety, depression, poorer mental health in general, and even poorer social functioning. They keep you busy and believing, “If I get ______, then I’ll be happy and satisfied.”
The problem is that there’s no end to this, and the satisfaction is only temporary. For example, if your main motivation at work is to hit your hours, the satisfaction drops off quickly because you start the following month back at zero.
Heidi Grant Halvorson, a leading researcher on goal achievement, explains in her book Succeed, “...not all goals lead to lasting feelings of true
satisfaction and well-being, and that’s because not all goals satisfy our needs for relatedness, competence, and autonomy. Which ones do? In general, goals that are about making, supporting, or strengthening relationships do. So do goals that focus on personal growth, physical health, or self-acceptance – addressing your shortcomings or, if they can’t be helped, simply coming to terms with them. Goals that have to do with contributing to your community or helping others also fulfill these needs.”
Do you have a unique definition of what success as a lawyer means to you? Or what constitutes a meaningful career? Transforming your goals from extrinsic to intrinsic motivation is one component of creating long-term sustained motivation.
The other component is to tap into your biology and harness the power of your natural source of motivation: dopamine. Often called the “motivation molecule,” dopamine provides the drive and focus we all need to be productive. It is heavily involved with our attention span, focus, follow-through, and ability to experience pleasure.
If we are deficient in dopamine levels, this can cause an imbalance in our life. A lack of dopamine is associated with the following consequences: fatigue, apathy, lack of focus, forgetfulness, moodiness, difficulty concentrating, insomnia, sugar cravings, and lower motivation.
Dopamine-dominant people are usually focused go-getters. Unfortunately, many things people do to boost their focus and energy backfire. There are many unhealthy ways to seek out a “dopamine fix.” For example, anything addicting like nicotine, caffeine, alcohol, and sugarladen, fat-filled treats are all very effective at increasing dopamine levels. Taking amphetamine or stimulant medication flood your brain with dopamine and motivate you to complete demanding tasks. Scrolling on your phone and gambling both produce dopamine.
However, these actions have unpleasant side effects and disrupt natural dopamine production. The result is decreased natural dopamine production in the long term and ever-increasing reliance on those substances or activities to fuel motivation. They can be the root cause of addictive behavior in life.
How can you produce dopamine naturally instead? Here are a few examples:
Eat foods rich in tyrosine (almonds, bananas, avocados, eggs, beans, fish, and chicken).
Exercise regularly.
Learn to meditate or practice mindfulness meditation. Get a massage.
Get adequate sleep each night.
Listen to calming music. Learn something new. Play sports.
Finish a task or project.
Socialize and connect with others.
Spend time in the sun.
Yes, these activities may take longer than the unhealthy ones mentioned above, but you are not relying on substances or unhealthy activities to fuel you. They are components of a thriving career and life.
In 1856, Irvington-on-the Hudson was just a community about twenty-two miles north of New York City, nestled on the Eastern shore of the Hudson River.1 The area was originally settled by the Dutch in the 1600’s per a land grant to Frederick Philipse, but in 1779, New York confiscated Philipsburg Manor and its 52,000 acres because its owners were loyal to the Crown (which wasn’t exactly popular in NY in 1779).2
Then, Washington Irving bought 14 acres along the Hudson River for his “Sunnyside” retreat, and in 1854, the nearby Village of Dearman changed the name of its post office and railway station to “Irvington” in his honor.3 The city of Irvington would not be incorporated until 1872,4 so when Charles McNamee was born in 1856, it was still just a tiny community. But, small communities often produce the best people.
At the age of twenty-two, Charles graduated from the fledgling Columbia College Law School.5 Charles and his brother James moved to NYC and founded the law firm of Davies, Work, McNamee & Hilton.6 Apparently, “they had an extensive practice and some very celebrated cases. Many of their cases went before the United States Supreme Court.”7 However, the only reported case this author could find was a fascinating case from the E.D.N.Y. where the firm managed to get a verdict in favor of a tug-boat which collided with a canal boat.8
Despite that success, in 1888, thirty-two year old Charles moved to Asheville, North Carolina. He built a little house for himself and his family in the hills outside of the small, vacation town, and then, he did something unusual. He started buying up small tracts of land.9 You see, Charles didn’t move to Asheville for the fresh, mountain air. Charles was there for a client. George W. Vanderbilt put this young lawyer in charge of $8,000,000 ($241,407,157.89 in today’s dollars) and the construction of his family home and estate, which would be known as the Biltmore Estate.
With meticulous care, Charles acquired around 100,000 acres of land. “Titles had to be examined and deeds drawn up and recorded on each tract. Diplomacy had to be used to get the land desired and not to pay exorbitant prices.”10 “Mr. McNamee [showed] remarkable business and executive ability aside from his astuteness as an attorney.”11
But, during these acquisitions, Charles didn’t lose sight of what was really important. For example, there was an 11-acre tract of land abutting the Vanderbilt property. It was an attractive piece of property, with a tiny cabin in the center, and it would have rounded out the Vanderbilt acquisitions. But, there was one problem, the owner, Mr. Charles Collins, did not want to sell. Mr. Collins was African-American. This was rural North Carolina, and the Civil War was still very fresh in everyone’s memory.
Charles could have used unethical or underhanded means to acquire Mr. Collins’ property, but he didn’t. He offered to buy the property, topping out at $11,000 ($342,934.84 in today’s dollars). Mr. Collins steadfastly refused. So, Charles did not buy the property. In fact, Mr. Collins and his family lived in their tiny cabin next to the Biltmore Estate until the early 1900’s when they moved to Pittsburgh, PA.12 Even then, Mr. Collins didn’t sell the property to the Vanderbilts until 1907— probably because he could.13 That was the kind of attorney Charles was.
Once enough property was acquired, Charles oversaw all of the logistics of constructing the massive home and the beautiful grounds that draw thousands each year. He “systematized everything. Departments were organized, such as horticulture, forestry, agriculture, floriculture, etc.,
and chiefs appointed over each. The manager can sit in his handsome office building in the village of Biltmore and receive reports from the smallest detail in each department from its head man. Everything goes as smooth as clockwork.”14 He also oversaw Vanderbilt’s many investments into the City of Asheville.
It wasn’t without personal cost. In 1892, Charles got sued. In order to discreetly acquire some of the land, he purchased them in his own name. One of these plots was in the heart of Asheville. Its purpose was to build the Young Men’s Institute—a community center for the African American workers who worked on the Biltmore House.15 Charles hired Elihu H. Britt to excavate the property for $645.90, and Mr. Britt did so—by using explosives to level the property. Well, Mr. Hunt was standing in the doorway of a nearby hotel, and when the blast went off, a piece of rock struck him in the leg. So, Mr. Hunt did what people do. He sued the property owner: attorney Charles McNamee.16 A jury found Charles liable for $8,500 ($278,717.06 in today’s dollars). Fortunately, for Charles, the Fourth Circuit Court of Appeals found that the trial court erred by not allowing the jury to consider a central question: whether Charles knew “that blasting with gunpowder, dynamite, or other dangerous agency, would be necessary or would be used in making the excavation.”17 This was a mixed question or law and fact, and that meant the whole thing got remanded for a new trial for the jury to consider this question as well.18 History does not tell us what happened after that. In 1904, after construction officially ended, Charles and his family moved to Detroit.
Many articles were written about the Biltmore Estate and its construction. It was big news back in the day. But, it is rare for newspapers to report on the lawyer. Normally, our transactional colleagues serve quietly in the background, making things work for their clients. But, The People’s Journal recognized Charles McNamee’s contribution. “The expenditure of the $8,000,000 already put out and the entire management and direction of the Biltmore estate devolves upon Mr. Charles McNamee, an able New York attorney. . . .When, in the latter part of the ‘80’s Mr. George W. Vanderbilt decided to build his place in the ‘Land of the Sky,’ he wisely selected Mr. McNamee to take charge of the great work. That he made no mistake has been amply proven.”19 He was just an “able New York attorney,” doing his job, and helping to create a place we all can enjoy.
1 Irvington Historical Society, About Historic Irvington, https:// irvingtonhistoricalsociety.org/about/ (last visited Oct. 9, 2022).
5 Vanderbilt Palace at Biltmore, N.C., The People’s Journal (Mar. 18, 1897), available at https://www.newspapers.com/image/174631997/?fcfToken=eyJhbGciOiJIUzI1 NiIsInR5cCI6IkpXVCJ9.eyJmcmVlLXZpZXctaWQiOjE3NDYzMTk5NywiaWF0Ijox NjY1MzU3NzU3LCJleHAiOjE2NjU0NDQxNTd9.rq9LG4iYegNOCkhxadfL388 EAkTHQCIzQ_dlg1J4f0U; Notes from Theodore W. Dwight’s Lectures (1866-1867), available at https://archives.nypl.org/mss/875.
The People’s Journal, supra n. 5.
Gray v. The Steam-Tugs Jessie Russell & Atalanta, 5 F. 639 (E.D.N.Y. 1881).
The People’s Journal, supra n. 5.
Historical Association at the Smith-McDowell House, Museum from Home
The Professionalism Committee invites you to the annual fall hike on Saturday, November 5 at 10:00 a.m. at Seven Island State Birding Park. The hikers will meet at the park entrance trailhead and will hike about three miles. Informative panels found along the park’s trails inform visitors about the park’s bird population and the management practices employed to restore and maintain bird habitats.
Everyone should bring snacks and water for hiking as well as food and your favorite beverage for a post-hike picnic lunch. All are welcome to bring their family, and join us on Saturday, November 5, for this special time of enjoying nature, comradery and good food!
Please confirm your participation by registering online (click on November 5 on the event calendar at www.knoxbar.org). If you have questions about the hike or plan to bring food or drink for the picnic lunch, please let James Stovall know what you plan to bring at jstovall@rdjs.law.
Directions (From Knoxville) Take I-40 East to Exit 402, Midway Road. Turn right onto Midway Road (toward Three Rivers Golf Course). Pass by Curtis Road and Smith School Road. Turn left onto Maples Road. Turn right at the intersection with Kodak Road. Turn left onto Kelly Lane at Bethel Church. Kelly Lane takes you to the gate. Parking is available in a lot to the right. A map of the park is posted at the entrance.
In March of this year, Governor Bill Lee appointed, and the Tennessee General Assembly later unanimously confirmed, Judge Tom Greenholtz to the Eastern Section of the Tennessee Court of Criminal Appeals. Judge Greenholtz officially took office on September 1, following the retirement of Judge Norma McGee Ogle.
Born in Albany, Georgia, Judge Greenholtz knew “from day one” that he wanted to be a lawyer. As the son of an attorney, Judge Greenholtz grew up hearing the stories of his father’s law practice, and the words of his father had quite an impact. With respect to the practice of law, his father imparted that “people seek out lawyers when they have nowhere else to go and no one else to turn to.” Judge Greenholtz was struck by this concept and the realization of what a service-oriented profession the law is. His father also instructed his young son that “the law touches everything – something no other profession really does.” This, too, was quite appealing to Judge Greenholtz: knowing that he could be a part of a profession that involves everything from labor to medicine to crime to intellectual property and beyond. From a very young age, his path was set.
After graduating from Riverside Military Academy in Gainesville, Georgia, Judge Greenholtz enrolled at the University of Tennessee at Chattanooga. It was there that he briefly considered a different career: becoming an Economics Professor and one day working for the Federal Reserve. Fortunately for our profession, he changed his mind and stayed the course toward law. In 1996, he graduated from UTC, magna cum
1999 was a banner year for the Judge: he graduated from UT Law as a member of the Order of the Coif, he and Kathy were married, and he began “the best job he ever had,” a three-year judicial clerkship with Justice William M. Barker on the Tennessee Supreme Court. Following his clerkship, Judge Greenholtz spent the next thirteen years in private practice in Chattanooga, first with Summers & Wyatt, then with Shumacker Witt Gaither & Whitaker, and he then joined Chambliss, Bahner & Stophel in 2006. Judge Greenholtz practiced in a variety of areas over the years, including municipal and governmental law, criminal defense, civil and criminal appeals, and labor and employment compliance.
In addition to practicing law, Judge Greenholtz spent 20 years as an Adjunct Professor of Political Science at UTC, and he served – and continues to serve – his community through a number of organizations, including United Way, Rotary Club of Chattanooga, the Chambliss Center for Children. Orange Grove Center, and St. Peter’s Episcopal Church, just to name a few.
In 2015, Judge Greenholtz applied for an opening on the Hamilton County Criminal Court, and he was selected by then-Governor Haslam to fill the position. Judge Greenholtz was drawn to the position of Criminal Court Judge in large part due to the opportunity to preside over the Hamilton County Drug Recovery Court, where he had the chance to assist individuals struggling with addiction and substance abuse issues. His work with those who passed through that court was deeply meaningful and rewarding to Judge Greenholtz, and it was this experience that he misses the most about his time on the trial court bench.
Judge Greenholtz thoroughly enjoyed serving on the Criminal Court, so the decision to apply for the opening on the Court of Criminal Appeals was not an easy one; he believed that he was making a good impact on his community, particularly through his work on the Drug Recovery Court. After much reflection and discussion with his family, Judge Greenholtz considered the impact that service on the appellate court could have to the state as a whole, and at the last minute, he decided to apply. At the time of this writing, Judge Greenholtz has officially been on the job for just over a month and is settling into his new role very well, aided by three outstanding judicial clerks.
laude, with a degree in Political Science and a double minor in American History and Economics. It was also at UTC where Judge Greenholtz met his future bride, Kathy.
The next stop after UTC was the University of Tennessee College of Law, an experience which Judge Greenholtz thoroughly enjoyed. He recalled with great affection his professors and chuckled at the memory of being “schooled” by Professor Dwight Aarons near the beginning of his first semester as a 1L – to which a great many readers of this article can no doubt relate! Some of Judge Greenholtz’s fondest memories of law school revolve around his time as Executive Editor of the Tennessee Law Review and the opportunity to work with the late, legendary Micki Fox.
Judge Greenholtz and his wife of 23 years, Kathy, are the proud parents of two teenagers: Caroline, a senior, and Michael, a sophomore. Vacations are often spent visiting historical sites, and the family loves spending time in the mountains. Judge Greenholtz and Caroline have a particular affinity for jigsaw puzzles. And the family is made complete with their two felines, Cromwell and Lannister.1
When Judge Greenholtz was only 15 years old, his father and role model lost his battle with cancer. Although his father did not live to see it, his influence and impact on the life of Judge Greenholtz and all those lives he has thus been able to impact through his service to the bar, the community, and the judiciary is vast. The teachings of his father – that the expanse of the law is boundless and offers the opportunity to help the most vulnerable – have shaped the life and career of Judge Greenholtz, and our state and our profession are both the better for it.
Friday, November 18, 2022 at 3 p.m.
Tennessee Supreme Court Courtroom, 505 Main St., 2nd Floor
We gather, not for the purpose of grieving, but rather to celebrate the careers of, and to honor, applaud, and express our gratitude to, those members of the Knoxville bar who passed away in the last year.
Joining KBA President Jason H. Long in the reflection and celebration of the lives of these individuals will be Justice Sharon G. Lee and Rev. Charles Fels.
To register, click on November 18 in the event calendar at www.knoxbar.org.
Michael L. DeBusk
Myron C. Ely
Hon. Andrew J. Evans, Jr. Anna Carylon Fox Hinds James L. Montague, Jr. George W. Morton Jr. Linda Jean Hamilton Mowles
Hon. Robert P. Murrian
James Anthony Ridley III Robert E. Simpson Thomas Gary Slaughter Hon. Charles D. Susano Jr. Lynn Paula Talley Karmen Latrice WatersBy: Sherley Cruz UT College of Law
Knoxville’s non-English speaking population is growing at a fast rate,1 and thus developing a Language Access Plan can help us better serve our diverse community. Providing language services, however, is much more than just relying on a staff member who speaks another language or asking clients to bring English-speaking family members to a meeting. Instead, language interpretation and translation are skills that require training, highly technical language skills, and an understanding of cultural nuances. For anyone receiving even a small amount of federal funds, Language Access Plans are not just part of good customer service, they are mandatory.2
Here are four tips for developing a Language Access Plan and working with interpreters and translators:
Know the Vocabulary. Request an interpreter for assistance with oral communication and request a translator for assistance with written communication. There are generally two styles of interpretation: simultaneous and consecutive. Simultaneous interpretation is when an individual interprets simultaneously as someone is speaking another language, and it typically requires audio equipment and headphones for individuals to “channel in” to the appropriate language. This type of interpretation is good for listening and participating in group meetings. Consecutive interpretation is when an individual waits for a person to finish speaking before the individual then interprets the information in another language. Consecutive interpretation is preferred for interviews or when a transcript of the conversation might be required. It allows the information to be recorded in each language separately, which facilitates the creation of a bilingual transcript.
It Takes Time. Give yourself extra time when working with an interpreter. Consecutive interpretation is the best way to conduct an interview, but it takes twice as long because everything is repeated. It is also important to speak slowly and in shorter sentences to allow time for the interpreter to process and interpret the information. Interpreters should not summarize or condense conversations to save time or make things easier. The details, dates, and technicalities are too important in legal proceedings to paraphrase. Take the time to provide the interpreter with context about the subject matter and topics to be covered in the meeting. If possible, share notes or documents that will be reviewed with the interpreter before the meeting to allow the interpreter time to research terms of art.
It is a Specialized Skill. It is never a good idea to allow someone who is not trained in interpretation and translation skills to serve as an interpreter, even if they speak both languages. Precision and accurate interpretation are necessary when words and actions have legal significance. Just because a person speaks another language or is bilingual does not mean that he or she has the technical vocabulary or the skills to interpret a legal interview. An employee who is bilingual might be embarrassed or afraid to admit to their employer that he or she is not proficient enough to assist with the interpretation or he or she simply may not have the skills to be able to listen to a conversation and provide
About this column: “The cobbler’s children have
precise interpretation. Additionally, there may be regional variations in the language that greatly impact the meaning of words and phrases. The person might not speak the same dialect or use the same vocabulary as someone who speaks the same language but is from a different country, state, or city.3 Poor interpretation can have serious consequences, negatively impacting fact investigation, due process, and fairness throughout the legal process. Tennessee Courts recognize three levels of interpreter skills: certified, registered interpreters, and non-credentialed.4 You should ask your interpreter about his or her certifications and understand how the credentials differ.
Create a Language Access Plan. It makes good business sense and demonstrates a commitment to client-centered lawyering to have a plan for serving diverse clients. For federally funded entities, having a Language Access Plan is a requirement even if they only receive a small amount of funding. The entire program needs to provide meaningful language access to participants. A good plan may include identifying trained interpreters, providing translated written materials, and posting signs and instructions in multiple languages. It is also important that the plan reflects the language needs within your service area and that it is reviewed regularly to ensure that the plan is meeting the needs of everchanging demographics.
Don’t get lost in translation by not having a plan to serve your nonEnglish speaking clients. Language access is critical to providing clientcentered services, good attorney-client communication, and meaningful participation in the legal process. For more information about Language Access Plans visit the Department of Justice’s Lep.gov website.5
1 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/immigrants-in-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/data-downloads.html
2 Title VI, 42 U.S.C. § 2000d et seq., prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. For a comprehensive list of Frequently Asked Questions regarding Language Access Plans, visit the Migration Policy Institute FAQs, available at: https://www.migrationpolicy.org/programs/language%C2%A0access-translationand-interpretation-policies-and-practices/frequently-asked
3 Spanish and Arabic are examples of languages that vary greatly regionally and internationally.
4 Tennessee Standards for Court Interpreters, Rule 42, available at: https://www. tncourts.gov/rules/supreme-court/42 . For information about Tennessee Court Interpreters visit the TN Court’s Court Interpreter website, available at https://www. tncourts.gov/programs/court-interpreters
5 For an assessment of your language access needs visit the Department of Justice’s Language Access Assessment and Planning Tool, available at: https:// www.lep.gov/sites/lep/files/resources/2011_Language_Access_Assessment_ and_Planning_Tool.pdf help creating a Language Access Plan visit For a Tennessee Language Access Plan Template visit: https://www.tncourts.gov/sites/default/files/ docs/final_template_local_lap_july_2018.pdf
Caitlyn Elam at
This month’s q-and-a features Brandon Allen, a 2020 graduate from the University of Tennessee College of Law. Brandon is an Associate Attorney at London Amburn, P.C., where his practice focuses on healthcare matters, specifically representation of individual healthcare providers and physician groups in litigation defense, regulatory, and transactional matters. His practice also includes general civil litigation. Brandon completed his undergraduate education at Embry-Riddle Aeronautical University in Daytona Beach, Florida, where he graduated with an Associate’s degree in Aviation Business Administration and a Bachelor’s degree in Technical Management. Although he is relatively early in his legal career, Brandon is already quite active in his community, as a member of the KBA Publications Committee, a regular contributor to DICTA, a member of the Board of Directors for United Way of Loudon County, and a member of the Foundation Board of Directors for the Interfaith Health Clinic.
Prior to pursuing law school, what was your career, and how does your past work impact your practice of law?
I was a non-traditional student and worked for several years prior to law school. My background prior to law school was in the logistics industry, and I joined that industry by loading and unloading bags and cargo from airplanes, primarily the Boeing 727 and McDonnell-Douglas 88 (for my fellow airplane lovers). That job led to many years in the ground and air freight business, which is tough work, often exposed to the elements and working at times that most people would be sleeping. My career path before law school was invaluable in assisting with the representation of my clients today. While I often wonder whether I should have attended law school sooner, I couldn’t imagine trading it for the past.
On a typical Saturday afternoon, where are you, and what are you doing?
I enjoy camping every year in the spring and fall. On a typical Saturday, I’m at REI or River Sports looking at some cool camping gadgets. I plan to check out as many new campgrounds as I can before winter.
I’m into cycling. I do both road and mountain biking but have been leaning into the road bike side recently. You can cover more ground on a road bike, and distance equals accomplishment in my mind.
Maddie is an English Springer Spaniel, and she turned one in June. She went to the office with me for the first several months I had her, so she’s uniquely well-versed in office management, as well as the usual dog stuff.
My dog holds me accountable for our daily walks. Maddie has no concern whether I had a long day or didn’t sleep much the night before, so we can usually be found walking at Lakeshore Park or playing ball— rain or shine.
The October 2021 Supreme Court term was certainly memorable, including a whole host of “blockbuster” issues. One interesting aspect of the term was the number of First Amendment cases on the docket. The Court decided cases ranging from “regulat[ion of] social media platforms, prayer at public schools, state funding of religious schools, campaign finance restrictions, billboard advertisements, [to] religious exemptions to COVID-19 vaccine mandates.”1 This article highlights two of these opinions—one involving “quintessential” activity protected by the First Amendment (prayer) and another involving activity (billboard regulation) that might not automatically be viewed as implicating the First Amendment. The cases illustrate the First Amendment’s breadth, as well as the justices’ divergent views on these issues.
In Kennedy v. Bremerton School District, the Court addressed whether a school district’s suspension of a coach for praying on the 50-yard line following football games violated his First Amendment rights to Free Speech and Free Exercise.2 Petitioner Joseph Kennedy initially engaged in post-game prayer alone, but over time, others voluntarily joined him.3
This practice went on for years and was only brought to the District’s attention after another school’s employee commented positively on it.4 The District then sought to prohibit Kennedy from engaging in any “overt” acts that might lead someone to construe his actions as “endorsing” prayer while on-duty as a District employee.5
Despite the District’s instructions, Kennedy eventually resumed his post-game praying, and as a result, was terminated.6 The District’s stated reason for the termination was Kennedy’s engagement “in public and demonstrative religious conduct while still on duty as” a coach.7
The Ninth Circuit ruled in the District’s favor, relying on Lemon v. Kurtzman8 and its progeny for the proposition that the Establishment Clause is implicated when a “reasonable observer” could conclude that, by acquiescing to certain activity, the government endorses religion. In the lower court’s view, the District could only avoid an Establishment Clause violation by prohibiting Kennedy’s actions, which were made at “a location that he only had access to because of his employment [and] during a time when he was generally tasked with communicating with students.”9
The majority opinion rejected the lower court’s reliance on Lemon to “trump” Kennedy’s claims.10 Justice Gorsuch reiterated that, “[i]n place of Lemon and the endorsement test, this Court has instructed that the Establishment Clause must be interpreted by reference to historical practices and understandings.”11 However, the majority provided no detail on how these “practices and understandings” should guide the inquiry. As to the substance of Kennedy’s claims, the majority determined that, “[w]hether . . . view[ed] through the lens of the Free Exercise or Free Speech Clause,”12 the District failed to adequately justify its actions.13
Justice Gorsuch characterized the District as offering “only the mere shadow of a conflict” between Kennedy’s First Amendment rights and the District’s interests, “a false choice premised on a misconstruction of the Establishment Clause.”14 And because “the only meaningful justification” posited by the District “rested on a mistaken view that it
had a duty to ferret out and suppress religious observances,” the majority found that Kennedy should prevail.15
Not surprisingly, the dissent, authored by Justice Sotomayor and joined by Justices Breyer and Kagan, took a different view. It criticized the majority for departing from long-standing precedent “consistently . . . recogniz[ing] that school officials leading prayer is constitutionally impermissible” and instead “paying almost exclusive attention to the Free Exercise Clause’s protection” at the expense of the Establishment Clause.16 The dissent also criticized the evisceration of Lemon, given that the “historical practices and understandings” inquiry raised more questions than it answered.17
The dissent also viewed the majority as wrong on the facts. Justice Sotomayor found the record to contain evidence of both endorsement and coercion, key concerns in Establishment Clause jurisprudence.18
For example, she noted Kennedy’s “longstanding practice of conducting demonstrative prayers”; his years of leading student athletes in prayer; and the fact that some students felt “pressure to follow their coach and teammates” to pray post-game.19 Not only did this evidence “coercive pressure at work,”20 but the dissent concluded that allowing Kennedy “to lead students and others he invited onto the field in prayer at a predictable time after each game could only be viewed as a postgame tradition occurring with the approval of the school administration.”21
City of Austin v. Reagan National Advertising of Austin dealt with a sign code distinguishing between on-premises and off-premises signs. It defined an “off-premises” sign as one “‘advertising a business, person, activity, goods, products, or services not located on the site where the sign is installed, or that directs persons to any location not on that site.’”22 The code allowed only on-premises signs to be digitized.23 The City’s reason for this distinction was “to protect the aesthetic value of the city and to protect public safety.”24
Respondents, advertising companies with billboards in Austin, sought permits to digitize certain off-premises billboards.”25 The City denied the applications, which Respondents argued violated the First Amendment’s Free Speech Clause.26 Although the district court ruled in the City’s favor, the Fifth Circuit concluded that the regulation was a content-based regulation and that the City’s justifications failed to satisfy “the onerous standard of strict scrutiny.”27 In so holding, the Fifth Circuit interpreted the Court’s earlier decision, Reed v. Town of Gilbert, 28 to mean that if “[a] reader must ask: who is the speaker and what is the speaker saying” to apply a regulation, the regulation was content based.29
Justice Sotomayor’s majority opinion found the Fifth Circuit’s interpretation of Reed to be “too extreme.”30 Unlike the regulations in Reed—”a comprehensive sign code that ‘single[d] out specific subject matter for differential treatment’”31—“the City’s off-premises distinction requires an examination of speech only in service of drawing neutral, location-based lines,” but was “agnostic as to content.”32 Because the majority found the City’s distinction to be “similar to ordinary time, place, or manner restrictions,” it concluded that “Reed does not require the application of strict scrutiny.”33
Justice Thomas, joined by Justices Gorsuch and Barrett, dissented,
The relationship status between public education and the State of Tennessee is currently, well, complicated. Whether you’re looking at the relationship between local education agencies and local governments, the funding of school systems, or the relationship between Governor Bill Lee’s administration and various public-school systems, complicated is the best word to describe it. All of these issues and relationships came into play recently within the Tennessee Supreme Court decision of Metropolitan Government of Nashville and Davidson County, et al. v. Tennessee Department of Education et al 1 However, to fully appreciate this case, which gives us a close look at the complicated relationship between LEAs and local governments, we first have to examine the legislation behind it all, the Education Savings Account Act, more commonly known as the school voucher program.2
One of Governor Lee’s education platforms is school choice. His administration is attempting to facilitate school choice through the promotion and creation of more charter schools, which are public schools operated by independent, non-profit governing bodies which function as part of an LEA, and the passing of the Education Savings Account Act, also known as the school vouchers program.
The school voucher program allows for students in eligible school districts, who come from households earning less than two times the federal income eligibility guidelines for free lunch, to receive their allotment of the state and local BEP funding.3 This money, which has come out to around $7,300, is then deposited into an Education Savings Account to help parents pay for private school tuition or other related educational expenses.4 A student receiving these funds must have attended a Tennessee public school during the year prior and must be enrolled in a stateapproved private school to continue receiving the funds.5 Education Savings Accounts would be available for 5,000 eligible students in its first year and can grow by 2,500 students a year until it reaches up to 15,000 students.6 The Act requires that students receiving the vouchers are still counted in their local education agency’s numbers for funding so that the LEA has the money required to fund that student’s voucher within its budget.7
The Education Savings Account Act was met with pushback when it was making its way through the legislature. The bill was originally
meant to be a pilot program for the State’s five largest counties: Metro (Davidson), Shelby, Knox, Hamilton, and Madison. 8 However, the legislation received opposition in the early stages requiring that the definition of eligible student be narrowed.9 Even with a narrower definition, the bill only passed the House on a vote of fifty to forty-eight after the Speaker of the House expressly promised that the Act would exclude Knox County. 10
The final version of the Act only applied to Metro and Shelby County after an even narrower definition of “eligible student” was created. Ultimately, an “eligible student” became one zoned to attend schools in districts with ten or more priority schools in 2015 and 2018 who were among the bottom ten percent of schools in 2017. 11 In anchoring the definition of eligible student to particular years, the legislature ensured that the ESA could only apply to Metro and Shelby County without further legislation. 12 Even with this narrow tailoring, the ESA only passed the House by fifty-one to fortysix vote and only passed the Senate by nineteen to fourteen. 13
Upon its passage in 2019, the Education Savings Account Act was immediately met with a lawsuit filed by Metro and Shelby Counties. The issue on appeal ultimately became the counties’ assertion that the Act violated the Home Rule because the statute was only applicable to Metro and Shelby County.14
The Home Rule requires that any act of the General Assembly that is applicable to a particular county or municipality be void unless it requires approval by a two-thirds vote of the local legislative body of the municipality or county, or approval in a local election. 15
For the Home Rule to apply, the statute in question must be local in form or effect, applicable to a particular county or municipality, and applicable to the county or municipality in either its governmental or proprietary capacity. 16
Metro and Shelby argued that they are affected by this statute due to the local government’s complicated relationship with its local education agencies. Despite a county government and a local education agency being two distinct factions, with distinct origins, functions, and management, a county government is statutorily required to fund the local education agency. 17 Metro and Shelby County argued that because they are required to appropriate funds and taxes for the LEA, the counting requirement of the Education Savings Account Act affects
them because it inflates the amount of funding required by continuing to count students who receive the vouchers within overall school numbers. 18
The Tennessee Supreme Court, however, was not persuaded. It held that the Education Savings Account Act regulates and governs only the conduct of the LEAs and not counties. 19 The Court emphasized that it is “beyond refute” that LEAs are separate from the county or municipal governments. The financial funding requirement from the county to the LEA does not change their separateness.20 Ultimately, the Act sets responsibilities on the LEAs as to how they count their students, which they are then required to turn over to the counties. The counties are not required to do anything but respond to this formula, as the Supreme Court sees it. 21
With this ruling of the Tennessee Supreme Court, the school voucher program was implemented in Metro and Shelby counties this school year. However, whether that is the end of litigation on the voucher issue and whether program will be expanded to students in other parts of the State has yet to be seen. Expansion would require new legislation. Given the recent outpouring of support for public education and educators, due in large part to comments made by Larry Arnn with Hillsdale College, and how narrowly the first bill passed, the push for expanding school choice options could be temporarily paused. Whatever the future holds, it seems that “education” and “Tennessee” will continue to remain… complicated.
1 645 S.W.3d 141 (Tenn. 2022).
2 Tennessee Education Savings Account Pilot Program, Tenn. Code Ann. § 49-6-2601 et seq.
3 Tenn. Code Ann. § 49-6-2602(3).
4 Tenn. Code Ann. § 4906-2603; Legislative Brief: Understanding Public Chapter 506 Education Savings Account, Tennessee Comptroller of the Treasury, (Oct. 10, 2022) https://comptroller.tn.gov/content/dam/cot/orea/advanced-search/2020/ ESA2020Website.pdf
5 Tenn. Code Ann. § 49-6-2602(3), (9).
6 Tenn. Code Ann. § 49-6-2604(c).
7 Tenn. Code Ann. § 49-6-2605.
8 H.B. 0939, Amend. No. 1, 111th Gen. Assemb., Reg. Sess. (Tenn. 2019) (H. Amend. 0188) (withdrawn Apr. 23, 2019).
9 See id. amend. No. 2 (H. Amend. 0445) (as adopted by the House Apr. 23, 2019).
10 See id. amend. No. 2 (H. Amend. 0445) (as adopted by the House Apr. 23, 2019).
11 S.B. 0795, Amend. No. 5, 111th Gen. Assemb., Reg. Sess. (Tenn. 2019) (S. Amend. 0417) (as adopted by the Senate Apr. 25, 2019).
12 645 S.W.3d 141, 157 (Lee, J., dissenting).
13 Id.
14 645 S.W.3d 141.
15 Tenn. Const. art. XI, § 9, cl. 2.
16 645 S.W.3d at 150.
17 Id. at 153-54.
Id. at 151.
Id. at 152-53.
Id. at 154.
Id. at 152.
We have all heard the quote by now about if you do what you love, you will never work a day in your life. So, what is there to love about being a lawyer? The half of a decade that I have been practicing law has gone by in the blink of an eye, and I am afraid the coming decades will as well. I have been fortunate to find great joy in my practice. From the people I work with, to the clients I represent, I am never short on reasons to be happy. Arthur Ashe is reported to have said, “From what we get, we can make a living; what we give, however, makes a life.”
To me, life is at its best when a person discovers the skills he or she possesses and is privileged enough to get to use those skills to help others. Practicing law has provided me the opportunity to do just that. A couple of Saturdays ago, I was putting away my kids’ laundry—one of the few times it did not sit in the basket until the next week. As I was folding the many tiny items of clothing, my phone rang. It was a client who had court that coming Monday, so I took the call.
My client informed me that she had just learned she had recurrent breast cancer. The surgeon wanted to meet with her Monday, and she was calling to see whether I thought we would be done with court in time. Determined that she would not miss such an important appointment, I assured her we would. The court case was not what we would have considered a big one. She had been sued over a car accident with a small amount of damage involved, but it was big to her.
My favorite part of my job, beyond getting to work with Tom Johnson, is getting to help people who are oftentimes going through some of the hardest moments in their lives. It is easy for me to forget that, for people who are not familiar with the legal system, it can be an intimidating process to go through. We as lawyers have the unique ability to help others in ways few can. Whether it be forming someone’s business, ensuring a person’s wishes are fulfilled upon their death, or ensuring that someone gets due process under the law, it is important. We are tasked with carrying other people’s problems as if they were our own, and in that, we lift the burden off of them.
Even within our legal world, we are not all blessed with the same talents. You do not want to ask me for tax advice. However, we are privileged to have a great Bar here in Knox County. As someone who has recently taken two maternity leaves in this town, I can attest to the kindness and patience of our legal community. Furthermore, I have never called a member of the Knoxville Bar with a question and not been met with a willingness to help. I strongly believe I would have a much different outlook on the practice of law if I were not so fortunate to be surrounded by such wonderful individuals, who are not only good lawyers, but good people as well. I have had, and still have, good mentors, which is invaluable to me.
I met with my client before court that Monday, and she was understandably nervous. We walked to the courthouse together, and I did all I could to take her mind off things. I cannot imagine what she
was feeling, and I could tell her mind was on what she had to do later that day. Although it was a long docket, I was able to get the case against her dismissed, and she made her appointment. Being able to help her in that small way is an example of the joy I find in this work. Do not get me wrong, I still occasionally wish that I had been blessed with the ability to sing, but that would be worse than my giving you tax advice. At the end of the day, it is a joyous thing to find what you are good at and to be able to do it. Arthur Ashe also reportedly said, “Start where you are. Use what you have. Do what you can.” If that is all we do, it will be enough, and hopefully we can all find some joy along the way.
On its face, Rule 4.2 of the Tennessee Rules of Professional Conduct seems pretty simple. This “no-contact” rule prohibits a lawyer, in the course of representing a client, from communicating with an individual known by the lawyer to be represented by counsel about the subject of the representation unless the lawyer has the consent of the other lawyer or is authorized to do so by other law or court order. But, the restriction contained in Rule 4.2 encompasses a number of subtleties. A recent ABA ethics opinion highlights one of those subtleties.
First, an easy hypo to illustrate the operation of Rule 4.2:
Attorney Alice represents Larry Landlord, who is suing a former tenant, Tony, for damage to the house Tony rented. Tony is represented by an attorney. Alice believes that Tony’s attorney is not passing along Alice’s attempts at settlement, so she contacts Tony directly to propose a settlement. Is Alice subject to professional discipline?
Sure. Alice knows that Tony is represented by counsel in the matter, and she directly communicated with Tony about the matter. This is an obvious violation of Rule 4.2’s no-contact rule.
Here’s a slightly more complicated hypo:
Attorney Alice represents Larry Landlord, who is suing a former tenant, Tony, for damage to the house Tony rented. Tony is represented by an attorney. Tony is frustrated by what he views as his lawyer’s failure to communicate with him. So, he reaches out directly to Alice to discuss a possible settlement. Alice, without obtaining consent from Tony’s lawyer, negotiates a settlement directly with Tony. Is Alice subject to professional discipline, even though Tony was the one who initiated the contact?
Yes. Rule 4.2 prohibits a lawyer from communicating with a represented individual, even if the individual initiates the communication. A comment explains that represented parties may speak to each other directly,1 but a lawyer may not communicate with a represented party without the consent of the other lawyer. While the rule has been criticized for being somewhat paternalistic in this respect,2 it is designed to prevent overreaching on the part of a lawyer, interference with the client-lawyer relationship, and the disclosure of information relating to the representation.3 In the words of one court, a lawyer’s communication with a represented person is “ripe with potential for overreaching and exploitation.”4
Now, the hypo that illustrates the question at issue in ABA Formal Opinion No. 502 (2022):
Attorney Alice owns rental property. She is suing a former tenant, Tony, for damage to the house Tony rented from Alice. Alice represents herself, while Tony is represented by an attorney. Alice, without obtaining consent from Tony’s lawyer, negotiates a settlement directly with Tony. Is Alice subject to professional discipline, even though Alice is acting pro se?
On the one hand, Alice is a party, and the comment to the rule
mentioned above makes clear that parties are free to communicate directly with each other, even if their lawyers disapprove. Thus, the argument goes, Alice should be free to communicate directly with Tony. Indeed, some judicial decisions and ethics opinions had reached this same conclusion.5 But, according to the ABA opinion, Alice is representing a client: herself. Thus, the rule prohibits the pro se lawyer from communicating directly with a represented party about the subject of the representation. In support of its conclusion, the opinion references the policies underlying the rule. The rule is designed, in part, to prevent overreaching on the part of a lawyer, and it would be impossible for a lawyer to “take off the lawyer hat” when communicating with a represented party.6 According to the opinion, “The risk in this situation of overreaching, disruption of the represented person’s client-lawyer relationship, and acquisition of uncounseled disclosures, is acute, outweighing the potential benefit of direct client-to-client communication.”7
Interestingly, the opinion produced a rare dissent. While agreeing with the opinion that the purposes of Rule 4.2 would be furthered by prohibiting pro se lawyers from communicating directly with represented parties, the dissenters argued that the plain language of the rule did not prohibit such conduct. “Self-representation,” the dissenters argued, “is simply not ‘representing a client,’ nor will an average or even sophisticated reader of these words equate the two situations.”8
There is no Tennessee authority on the specific issue addressed in the ABA opinion. The Tennessee Supreme Court has held more generally that violation of Rule 4.2’s no-contact prohibition may (but does not always) amount to criminal contempt.9 But neither the court nor the Tennessee Board of Professional Responsibility has addressed the specific question of whether the rule prohibits a pro se lawyer from communicating with a represented individual.
In light of the valid points raised by both sides in the ABA’s opinion, a solution might be to amend the rule to expressly prohibit the conduct in question. For example, Oregon’s version of Rule 4.2 provides that a lawyer “[i]n representing a client or the lawyer’s own interests, a lawyer shall not communicate or cause another to communicate on the subject of the representation with a person the lawyer knows to be represented by a lawyer on that subject . . . .”10 But for now, Tennessee attorneys would be well-advised to follow the guidance provided in the ABA opinion.
1 TRPC R. 4.2 cmt. 4.
2 See Carl A. Pierce, Variations on A Basic Theme: Revisiting the ABA’s Revision of Model Rule 4.2 (Part II), 70 Tenn. L. Rev 321, 325 (2003).
3 TRPC R. 4.2 cmt. 1.
4 The Florida Bar v. Faro, Report of Referee, Florida Bar File 2014-70, 913 (11J), at 10 (July 24, 2017), https://lsg.floridabar.org/dasset/DIV ADM/ME/MPDisAct.nsf/ DISACTVIEW/68D12AE245D19BFB852582AA000 A78F3/$FILE/_461.PDF, aff’d as modified, Case No. SC16-1408, 2018 WL 4691179 (Fla. Sept. 28, 2018) (cited in ABA Op. No. 502 (2022)).
5 See Pinsky v. Statewide Grievance Committee, 578 A.2d 1075, 1079 (Conn. 1990); Cal. Rules of Professional Conduct Rule 2-100 Discussion (1989).
6 ABA Op. No. 502 (2022).
7 Id.
8 Id. (dissent).
9 State v. Beeler, 387 S.W.3d 511, 522 (Tenn. 2012).
10 Or. Rules of Prof’l Conduct R. 4.2 (cited in ABA Op. No. 502).
The Barristers are seeking nominations for the following officers to serve in 2023:
• Vice President
• Secretary/Treasurer
• (2) At-Large Executive Committee Seats
Please notify Bridgette Fly (bfly@knoxbar.org) by November 2, if you would like to nominate someone or are interested in running for a Barristers office. Please note that the person elected Vice-President in December will automatically become the Barristers President for the 2024 bar year. Candidates must be current KBA members. The Barristers Elections and Holiday Party is on Wednesday, December 8, from 5-7 pm at The High Court, the rooftop at The Tribute.
Plan now to attend the Barristers monthly meeting on Wednesday, November 9, starting at 5:15 pm at outdoor patio at The Firefly at the Hilton, located at 501 W. Church Avenue, Knoxville. Social time starts at 5:00 pm. Register by clicking November 9 on the event calendar at www. knoxbar.org.
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 November 9. Sign up at https://www.knoxbar.org/?pg=Upcoming-Legal-Clinics.
The Volunteer Breakfast is a recurring event on the 4th Thursday of each month at 6:15 a.m. at the Volunteer Ministry Center, located at 511 N. Broadway, Knoxville, Tennessee. The Barristers Volunteer Breakfast Committee always needs volunteers to serve food or sponsor. The cost is $150 for sponsoring, and we need 4-5 volunteers. If you are unable to fund the breakfast, the Barristers will subsidize the cost of the breakfast. We meet at 6:15 a.m. and serve breakfast to approximately 30-40 individuals, generally leaving the site around 7:30 a.m. It’s a great way to serve the community! Please contact either Matt Knable at (865) 360-5044 or Laura Wyrick at (865) 297-5511 with any questions and/or about volunteering.
The Knoxville Barristers Hunger and Poverty Relief Committee will host the annual Second Harvest Food Drive Competition from November 7 through 28, 2022. Second Harvest Food Bank is East Tennessee’s largest hunger-relief charity, operating programs in 18 counties. Their programs provide food to more than 134,000 children, adults, and seniors each month. If your firm would like to participate in this year’s drive, please contact Bridgette Fly at bfly@knoxbar.org before November 2. Interested firms will need to provide the total number of full-time employees and use a link on the Second Harvest website to create their team. Anyone can win this year’s friendly competition! The winner will be determined
The Knoxville Bar Association thanks all of our veterans for their service and dedication to our country.
If your name is not on this list and you would like to be included next year, please contact Jonathan Guess, KBA Membership Coordinator, at (865) 522 6522 or jguess@knoxbar.org.
Dale Allen; U.S. Army 1969 1972, 1LT
Peter J. Alliman: U.S. Army 1966 1969, SGT E 5
Rick L. Apperson: U.S. Air Force 1982 -1984, 1987-1992, Capt.
J. Nicholas Arning Sr.: U.S. Marines 1969 1995, LT COL Infantry
Bernard E. Bernstein: U.S. Air Force 1952 1954, 1LT (OSI)
Meridith C. Bond: U.S. Army Reserve 1956 1964, Soldier
Deborah L. Buchholz: U.S. Air Force 1995 2002, SSgt
Luis C. Bustamante: U.S. Air Force 1974, Capt.
Robert R. Campbell: U.S. Army and Res. 1953 1955, 2LT
Robert A. Crawford: U.S. Air Force and Res. 1974 1981, Capt. Althea Hickman Creel: U.S. Air Force 1976 1980, Capt.
Stephen C. Daves: U.S. Air Force 1967 1971
R. Brett Grimm: U.S. Army Infantry LT
Ronald L. Grimm: U.S. Army 1965 1967, Capt., Army Ord. Corps
Maurice K. Guinn: U.S. Army 1972 1974, SP4
John D. Haines: U.S. Navy 2008 2013
Paul D. Hogan, Jr.: U.S. Army 1966 1969
G. Wilson Horde: U.S. Navy 1944 1946, BM/3C
G. Turner Howard III: U.S. Army 1970 1972, 1LT & 2LT
Joseph H. Huie: Capt. U.S. Army JAG, 1974 1977
Kenneth F. Irvine, Jr.: U.S. Army 1980 1986, SGT
Joseph G. Jarret: U.S. Army 1975 1986, Armored Cavalry Officer
Walter B. Johnson II: TN. Air National Guard, 1974 2012, MSgt
Hon. R. Leon Jordan: U.S. Army 1954 1956
Michael J. King: U.S. Air Force 1992 1996, Capt.
Robert W. Knolton: TN Air National Guard 1954 1963, 2LT
James R. LaFevor: U.S. Army Field Artillery, 1968 1971, Capt. Earl R. Layman: U.S. Army Infantry 1955 1957, 1LT
Lawrence P. Leibowitz: U.S. Army Res. JAG 1970 1978, Capt. James H. London: U.S. Air Force 1974 1978, Capt.
Ronald L. Grimm: U.S. Army 1965 1967
John A. Lucas: U.S. Marines and U.S. Army 1963 1974, Capt. Carl W. Manning: U.S. Army Res. 1968 1974
Clay S. Davis, Jr.: U.S. Navy 5 Years Active, Commander
James R. Dedrick: U.S. Army 1972 1976, Capt., JAG
W. Thomas Dillard: Tennessee Air National Guard, 1966 1972, Tech. Sgt. E 6, Radar Operations
Jack B. Draper: U.S. Army 1953 1955
Hon. Joe D. Duncan: U.S. Army, Air Force 1943 1945, 2LT
Douglas L. Dunn: U.S. Marines and Res. 1976 1985, Capt. Douglas L. Dutton: U.S. Army 1963 1965, 1LT
Alyson A. Dyer: U.S. Navy JAG 1996 2001, LT
Jennifer R. Egelston, U.S. Army Military Police, 2000 2003 Mitch D. Eisenberg, U.S. Navy 1999 2016, Reservist 2016 present, JAGC LCDR
Tony Farmer: TN Air National Guard, 134th Flt Rfg Grp, 1967 1973
Zach Farrar, USMC 1999 2008 Captain, Judge Advocate
David E. Fielder: U.S. Army 1970 1977
F. Michael Fitzpatrick: U.S. Army 1969 1971, 1LT
E. Bruce Foster, Jr.: U.S. Army JAG 1959 1963, Capt. Lewis C. Foster, Jr.: U.S. Coast Guard Reserves 1968 1973
Bruce D. Fox, Tennessee Air National Guard 1969 1975
Marcos M. Garza: U.S. Marines 1999 2005, Captain, JAG
Mack A. Gentry: U.S. Army, 1969 1972, Capt.
Maurice W. Gerard: U.S. Navy 1963 1968, Res. 1968 1986, Capt.
Sidney W. Gilreath: U.S. Army 1962, JAG Clerk Typist
Jeffrey H. Glaspie: TN Air National Guard 2010 2014, Law Office Supt.
Robert W. Godwin: U.S. Army JAG 1966 1968, Spec. 5th class, SGT
Kenneth M. Gresham, Jr.: U.S. Navy 1945 1946, AMM3C
Jack H. McCall, Jr.: U.S. Army, 1983 88, U.S. Army Res., ‘88 94, Capt.
Elizabeth K.B. Meadows: U.S. Air Force JAG 1986 1991, Capt.
Dale J. Montpelier: U.S. Navy Res. 1987–1998, LT
Michael A. Myers: U.S. Air Force 1986 1994, Capt.
David D. Noel: U.S. Army 1968 1971, 1LT
R. Franklin Norton: USAR CAMG 1957 1961, Specialist
James R. Owen: U.S. Army 1991 1992, SP & Parachute Rigger
Jim D. Owen: U.S. Army Res. 1971 1978, 1st LT
J. Randall ‘Randy’ Patterson: U.S. Army, CPT, 1979 1984, 7th Special Forces Group (ABN)
Hon. Thomas W. Phillips: U.S. Army JAG, 1969 1973, Capt.
Thomas E. Plank: U.S.M.C. 1968 1971, LT & Infantry Comm., Vietnam
Leland L. Price: U.S. Army National Guard 1999 2007, Capt.
Jonathan D. Reed: U.S. Navy and Reserves 1976 1995, LCDR
David S. Rexrode: U.S. Air Force 1972 1974, SSGT
Wilson S. Ritchie: U.S. Army 1961 1964, 1LT
Sean A. Roberts: U.S. Army, 2006 2012, SSG, Cavalry Scout
Wheeler A. Rosenbalm: U.S. Army Res. 1960 1966, S/SGT (E 6)
Andrew S. Roskind: U.S. Navy 1989 1995, Petty Office 2nd Class
Hon. John R. Rosson: U.S. Army Res. 1970 1976, SP4
Samuel W. Rutherford: U.S. Air Force 1969 1973, SSGT
Hector Sanchez: U.S. Marine Corps 2005 2009, SGT, Motor Trans.
David M. Sanders: U.S. Navy and Res. 1988 2000, LCDR
Thomas S. Scott, Jr.: U.S. Army 1961 1965, Spec. Agent, INTC, SSGT (E 6)
Richard T. Scrugham, Jr.: U.S. Navy 1993 1997, LT
J. Nolan Sharbel: U.S. Marines 1972 2000, LT COL
John T. Shipley: U.S. Army Aviation 1992 1996, 1LT
Michael S. Shipwash, U.S. Army 1988 1991, SP
William H. Skelton: U.S. Marines 1966 1969, Capt. Eddy R. Smith: U.S. Army 1984 1986, SP4
T. Kenan Smith: U.S. Army 1981 1992, Capt.
Hon. Steven W. Sword: U.S. Army Res. JAG 2004 2014, Capt. Chad M. Taylor: U.S. Coast Guard 2009 2017
Dudley W. Taylor: U.S.M.C., 4 yrs. Active, 5 yrs. Res., Major/Pilot Hiram G. Tipton: U.S. Army 1968 1974, SP4
Dalton L. Townsend: U.S. Army 1968 1970, Capt., Vietnam ‘69 ’70 Randy L. Tyree: U.S.M.C.; TN State Guard Captain (R) 1975
Larry C. Vaughan: U.S. Army JAG 1970 1976, Capt. R. Loy Waldrop: U.S. Army 1966 1968, Capt. Security Agency
John W. Wheeler: U.S. Army Intelligence Officer, Res. until 1973
David Winstead: Army JAG Corps 1992 to Present, Ltc.
A. Jackson Woodall: U.S. Naval Reserve 1969 1996, CDR.
Stephen E. Yeager: U.S. Army JAG 1971 1976, Capt.
Harvey L. Sproul: U.S. Army Enlisted Reserve 1956 58, U.S. Army 1958 61, JAG Res. 1962 88, COL
L. Caesar Stair III: U.S. Marines 1966 1969, Capt. Hon. Richard S. Stair, Jr.: U.S. Army JAG 1965 1968, Capt.
Billy J. Stokes: U.S. Army JAG 1979 1982, Capt.
Kelly Street: U.S. Army (Intel) 2000 2005, Capt.
Garrett P. Swartwood: U.S. Marine Corps 1997 2001, Capt.
members who served
are not
this list, for your bravery in support of our nation.
… a place where no matter what, I belong. And Knoxville belongs to me. I was born there in Old Knoxville General and I am buried there with Louvenia.” – Nikki Giovanni, from “400 Mulvaney Street”
Yolande Cornelia Giovanni, Jr. was born on June 7, 1943, in the Old Knoxville General Hospital. When she was still just a baby, the family moved to Wyoming, Ohio, a suburb of Cincinnati. Her grandparents, however, remained at their home at 400 Mulvaney Street, and Nikki (as her older sister, Gary Ann, began calling her as a toddler) would return every summer to visit them.
Giovanni’s grandparents were prominent in the community. Her grandfather, John Brown Watson, taught Latin at Austin High School (which would later become AustinEast). Her grandmother, Emma Louvenia Watson, was a civicminded woman who participated in many charitable and civil rights organizations. Nikki came back to Knoxville in 1958 to live with her grandparents and attend Austin High School.
It was during this time that the seeds of the future, famous, writer and activist, Nikki Giovanni were planted. At Austin High, Giovanni’s English teacher, Ms. Alredda Delaney, introduced her to African-American authors like Gwendolyn Brooks and, further assisted by her French teacher, was encouraged to apply to Fisk University to pursue writing. At the same time, Black Knoxvillians were protesting segregation around the city. During the planning phases of a sit-in at Rich’s Department Store (now the UT Conference Center), Louvenia stood up and announced that she and her husband were too old to march, but would be sending their granddaughter in their stead. Giovanni was none too thrilled by this prospect, yet explained years later that few people said no to her grandmother.
She did, in fact, attend Fisk after completing her junior year at Austin High, but her time there was short-lived. Caring more about her grandparents and Knoxville than she did about doing what she was told at Fisk, she traveled home for her Thanksgiving break without permission during her very first semester. Giovanni was expelled.
Her prodigal return to Knoxville came at a pivotal time in its history. City leaders embraced the federally-funded notion of “urban renewal,” and The Bottom - the predominant Black neighborhood in town - was the primary target. More than 2,500 families would be displaced (70%
of them African-American), and 107 Black-owned businesses and 15 Black churches would be destroyed to make way for things like the Civic Auditorium and Coliseum. Giovanni’s grandparents were among these numbers, and all that remains of 400 Mulvaney Street (now known as Hall of Fame Drive) and her childhood home is Cal Johnson Park, where Giovanni bought ice balls and watched neighborhood kids play basketball. Her grandfather died just five months after her fateful Thanksgiving visit, and her grandmother eventually moved to Linden Avenue.
At the behest of a new dean, Giovanni returned to Fisk in 1964. Although she was a history major, she edited the student literature/ politics journal, reestablished the school’s chapter of the Student Nonviolent Coordinating Committee, and worked closely with members of the Black Arts and New Black Poets movements. Her grandmother was able to see her graduate in 1968, one of her greatest wishes, before she died.
Giovanni’s first works were published in 1968 and the rest, as they say, is history. She is the author of countless poems, collections, books, and anthologies, including twelve children’s books. She is the recipient of the MLK Award for Dedication to Commitment and Service, seven NAACP Image Awards for Literature, the Langston Hughes Award, a National Endowment for the Arts fellowship, the very first Rosa Parks Woman of Courage Award, the American Book Award, the National Book Award, thirty honorary degrees from various universities, and has been given the keys to more than a dozen American cities. Lest that not be enough, she was nominated for a Grammy in 2004. She retired from Virginia Tech this year as a Distinguished University Professor, after 35 years at the school.
Despite the accolades and the many years since she was a resident of Knoxville, Giovanni is never far from Knoxville, physically or emotionally. She has been known to show up at Austin-East graduations; “You go to graduations and funerals; that’s what you were raised to do.” She was in Knoxville in 2019 when the City erected a historic marker for her at 507 Hall of Fame Drive, and just last month she spoke at ETSU, where Knoxville and The Bottom were a couple of the prevailing themes of the evening. “I write a lot about Knoxville, because Knoxville is my heart.”
’Round Here is a song by Counting Crows from their 1993 debut album “August and Everything After”.1 The album had more popular and memorable songs (“Mr. Jones”), but when I think about the role of local counsel, the song rings in my head: it is the role of said counsel to make sure the client and national counsel know how things are done ’Round Here.
The choruses in the song mix it up in each round:
’Round here, we always stand up straight ’Round here, something radiates
’Round here, we’re carving out our names ’Round here, we all look the same ’Round here, we talk just like lions But we sacrifice like lambs ’Round here, she’s slipping through my hands
’Round here, she’s always on my mind ’Round here, hey man, got lots of time ’Round here, we’re never sent to bed early And nobody makes us wait ’Round here, we stay up very, very, very, very late I, I can’t see nothin’, nothin’ ’round here2
While nationwide clients and their national counsel may see ‘nothin’ round here,” the role of local counsel should not be underestimated. Many of us have served as local counsel at one point or another in state or federal court. The practice of using or requiring local counsel has its critics, portraying the practice as “cronyism” or protectionism for local attorneys.3 Regardless of the forum or personal opinions on the practice, local counsel have more obligations than simply filing the pro hac vice documents on behalf of national counsel. At every step in the litigation, you, as local counsel, have responsibilities to your client and the Court. Tennessee Supreme Court Rule 19 sets forth all the obligations for an out-of-state lawyer who wishes to appear in a Tennessee court.4 However, there is little guidance in the Rule about the specific obligations of the Tennessee lawyer who associates with the pro hac vice counsel. Yes, local counsel must be licensed to practice law in Tennessee and must reside in and maintain an office in Tennessee.5 However, local counsel must sign all pleadings, motions, or other papers filed or served in the proceeding and must personally appear with the pro hac vice counsel in all court proceedings.6 This should include depositions, but many outside counsel do not heed this provision. Remember also that your signature, as local counsel, certifies a document filed in court meets the requirements of Tennessee Rule of Professional Conduct 3.1 and Tennessee Rules of Civil Procedure 11.02 regarding meritorious claims and contentions.7
Whether or not you are conducting the depositions, it is important to advise counsel from outside jurisdictions about other rules and customs of our local courts. The Eastern District of Tennessee routinely enters an Order for Fed. R. Civ. Pro. 12(b)(6) Motions that require counsel to meet and confer in an attempt to resolve such Motions prior to filing.8
Similarly, an Order is often entered in Eastern District cases addressing the conduct of counsel during depositions.9 An attorney from another jurisdiction who might have the habit of speaking objections needs to be advised of the Order, and learn the phrase “object to the form.”
Another issue arises when it comes to communication with the
client. The best practice is to copy local counsel on all client communica tions that relate to the pleadings or legal issues in the case. Further, while RPC 1.2(c) does not require that limitations in scope of representation be made in writing, it is strongly recommended. “Regardless of any limited scope representation agreement, if local counsel determines that the pro hac vice attorney is engaging in conduct that is likely to seriously preju dice the client’s interests, or the administration of justice, local counsel must communicate local counsel’s independent judgment to the client, and, if necessary, to the court or tribunal.”10
Local counsel can be sanctioned if a frivolous position is pursued— even if filed by national counsel.11 In the cited case, Defendant made application for Rule 11 sanctions on two counts that were dismissed. The trial court awarded sanctions on the first count against plaintiffs’ counsel but not the second.12 On appeal, the court affirmed the decision of the trial court stating, “[t]hat claim was a loser from the start and plain tiffs’ attorneys should have known it.”13 Local counsel argued that they should have been entitled to a hearing to determine the degree of their involvement in the filed pleadings or motions found to violate the rule. The Court rejected the argument finding that lawyers have an individual obligation to pursue only meritorious claims when they sign and certify a pleading and Rule 11 did not provide a safe harbor for lawyers who instead rely upon the representations of outside counsel.14
Knowledgeable and capable local counsel can make a significant contribution to the successful outcome of a case. Your contribution begins with the initial pleadings, continues with matters involving communication with the Court, and persists through motion practice and trial preparation. If a matter proceeds to trial, your already important role becomes vital. Yes, you should assist the client and their national counsel with lodging and good referrals to local restaurants. Beyond this, however, competent local counsel can provide valuable insight for judicial preferences, standing orders, prior decisions and memorandum opinions that may be hard to locate. What is more, local guidance can clarify the local rules and illuminate the unwritten local practices that can make litigation proceed in a smoother fashion without last minute surprises. Additionally, do not underestimate the importance of your input on jury selection, and issues that jurors ’round here find important in the case you present them.
1 AmeRicAn SongwRiTeR, The Top Ten Counting Crows Songs, https://americansongwriter. com/the-top-10-counting-crows-songs/ (last accessed October 9, 2022).
2 Id.
3 Robert L. Misner, Local Associated Counsel in Federal District Courts: A call for change, 67 coRneLL L. Rev 345 (1982).
4 Tenn. R. S. cT. RuLe 19.
5 Tenn. R. S. cT. RuLe 19(g).
6 Tenn. R. S. cT. RuLe 8, RuLe of PRofeSSionAL conducT 3.1 and Tenn. R. civ. P. 11.02.
7 Id.
8 See, e.g., Tennessee Riverkeeper, Inc. v. City of Oak Ridge, Tennessee, No. 3:18CV-374, 2019 WL 11274724, at *1 (E.D. Tenn. Aug. 1, 2019)(“On February 15, 2019, Defendant filed its Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). . .The Motion does not include a notice indicating the parties conferred in compliance with the Court’s Order Governing Motions to Dismiss.”).
9 Rasco, et al. v. BTI Tools, LLC, et al., No.3:22-cv-00149-KAC-JEM, Doc. No. 3, Order Governing Depositions (E.D. Tenn. Apr. 26, 2022).
10 Tenn. R. S. cT. RuLe 8, RuLe of PRofeSSionAL conducT 1.2(c).
11 Val-Land Farms, Inc. v. Third National Bank in Knoxville, 937 F.2d 1110 (6th Cir. 1991).
12 Id. at 1111.
13 Id. at 1117.
14 Id. at 1117-1118.
Leitner Williams Dooley Napolitan, PLLC
If you have been around us very much, you know that we have no shortage of smartphones, tablets, laptops, hybrids, PCs, MACs, etc. If it is labeled a computing device, we probably have it. So, with all of our devices, it is nice to have a single input device (keyboard) that can be used with any of our devices. For this reason, we love Bluetooth keyboards that can pair alike with Windows, MacOS, iOS, and Android. Logitech has long been a favorite of ours for portable Bluetooth keyboards, so when they came out recently with their latest model, the MX Mechanical Mini, we decided to give it a try.
There are two features that we noticed immediately on the MX Mechanical Mini that we love. First, this thing is very compact. The keyboard is just under a foot wide and weighs just over 17 ounces, so it is very convenient to take on the road and easy to use in tight spaces. Second, as the name suggests, this keyboard is mechanical, meaning that the keys move via switches with spring mechanisms. We find that we can type faster and with less errors when using a mechanical keyboard, such as the MX Mini, instead of a membrane keyboard which is a common built-in keyboard on many portable computing devices.
As the name suggests, the MX Mini is not a full-sized keyboard. It is about 75% the size of a full-sized keyboard; and Logitech sells a fullsized MX Mechanical for a little extra cost. But we find the MX Mini is very similar in size to a laptop keyboard; and we love how compact it is, especially when using it on a small tray table on an airplane.
You can use the MX Mini in Bluetooth mode or connect it to a device with the included USB-A Logitech Bolt Receiver. We find operating in Bluetooth mode is fine. Furthermore, you can pair the MX Mini to up to three separate devices via Bluetooth. So, we can use this one keyboard to type on our iPhone or Galaxy phone, our iPad, and our laptop. Bill can even use this new MX Mini paired with his fancy new Galaxy Z Fold smartphone; and his phone becomes a nice tablet where he can type and edit documents just like he was using a normal laptop.
We especially love the key backlighting on the MX Mini that helps our old, aging eyes see the keyboard even in dim light. The keyboard even has sensors that can detect when your hands just get near the keyboard and turns the backlighting on without your actually having to touch a key. Of course, you can turn the backlighting feature off if you want to maximize the battery performance on the MX. But, even with key backlighting on, Logitech says the MX Mechanical Mini still can last for 10 days on a fully charged battery. With backlighting turned off, the keyboard can operate for an astounding 5 months on a full charge. Recharging the keyboard is easy via the USB-C recharging port.
We’re not sure why we love this little keyboard so much. Maybe it’s a minimalist mindset that has captured our fancy; or maybe we just love the typing action on an old-fashioned mechanical keyboard. Whatever the reason may be, we just can’t go anywhere without putting our MX Mechanical Mini in our travel bag.
opining that the
“misinterprets
“a
that the City’s
clear rule
the dissent’s
whether they promote an on- or off-site event, activity, or service.”36
Conclusion
The reach of the First Amendment is broad, and it is evident that the Court has a keen interest in refining the application of the First Amendment in a variety of settings. And the decisions that came out of this past term highlight the First Amendment’s “power . . . to shape American life.”37
1 David A. Karp, Top 10 First Amendment Cases of the Supreme Court Term, Carlton Fields (June 30, 2022), https://carltonfields.com/insights/publications/2022/top-10first-amendment-cases-of-the-supreme-court
142 S. Ct. 2407, 2416, 2419 (2022).
Id. at 2416.
Id.
Id. at 2416–18.
Id. at 2418–19.
Id. at 2419 (internal quotation marks omitted).
403 U.S. 602 (1971).
9 Kennedy v. Bremerton Sch. Dist., 991 F.3d 1004, 1015 (9th Cir. 2021).
10 Kennedy v. Bremerton Sch. Dist., 142 S. Ct. at 2427 (internal quotation marks omitted) (alteration in original).
Id. at 2428 (internal quotation marks omitted).
Id. at 2426.
Id.
Id. at 2432 (internal quotation marks omitted).
Id. at 2433.
Id. at 2434 (Sotomayor, J., dissenting).
Id. at 2447–50.
Id. at 2443–44.
Id. at 2443.
Id. at 2443.
Id.
of Austin, Texas v. Reagan Nat’l Advert. of Austin, LLC, 142 S. Ct. 1464, 1469–70 (2022) (quoting Austin, Tex., City Code § 25–10–3(11) (2016)).
Id.
Id. at 1469 (internal quotation marks omitted).
Id. at 1470.
Id.
Id. at 1471.
U.S. 155 (2015).
Reagan Nat’l Advert. of Austin, Inc. v. City of Austin, 972 F.3d 696, 706 (5th Cir. 2020).
City of Austin, Texas v. Reagan Nat’l Advert. of Austin, LLC, 142 S. Ct. at 1471.
Id. (quoting Reed, 576 U.S. at 169).
Id.
Id. at 1473. Because the lower court had not determined whether there was “an impermissible purpose or justification underpin[ning] a facially content-neutral restriction” rendering it content based” or, if not, evaluated the regulation under intermediate scrutiny, the Court remanded the case so that it could do so. Id. at 1475.
Id. at 1481.
Id. at 1484 (Thomas, J., dissenting).
Id. at 1481.
Karp, supra n.1.
For lawyer or layperson alike, it is astonishing to think just how few criminal cases in the United States are resolved through jury trials. Presently, in our criminal justice system, the plea bargain is overwhelmingly the final disposition of most cases. Indeed, in Missouri v. Frye (U.S. 2012), Justice Kennedy astutely noted that plea bargaining, “is not some adjunct to the criminal justice system; it is the criminal justice system.”
From a purely logical and rational perspective, one might be tempted to believe that avoiding jury trials in our criminal justice system benefits everyone. Prosecutors and defense counsel would perhaps agree that the current reliance on plea bargains, rather than jury trials, helps to minimize risk for all parties involved.
For prosecutors, a plea bargain ensures that a conviction is secured, and the State does not have to roll the dice against the formidable burden of proof that is beyond a reasonable doubt. For defense counsel, a plea bargain ensures that their client does not receive a harsher sentence at the hands of a sentencing judge. Moreover, judges and court personnel would perhaps tout the plea bargain as a means of promoting efficiency and keeping docket sizes manageable.
It is necessary for all attorneys in the criminal justice system to stop and think: does our system of plea bargaining achieve justice? What role does the plea bargain play in wrongful convictions? Should a defendant be punished for exercising their Constitutional rights in taking their case to trial? Did the Founding Fathers even intend for us to rely on plea bargains in the first place? Do plea bargains deprive us of essential protections guaranteed under the United States and Tennessee Constitutions?
The Jury Trial in Criminal Justice by Douglas D. Koski skillfully addresses these questions through a balanced approach of theoretical considerations and practical attorney experience. Douglas Koski, a criminal defense attorney himself, tried more than 150 criminal trials to verdict. Mr. Koski also served as a visiting law professor at various schools in the United States and China. Although his book was published in 2003, the questions and challenges presented in Mr. Koski’s writing are still acutely relevant to criminal law practitioners in 2022. The Jury Trial in Criminal Justice is divided into six separate chapters. Chapter one addresses the declining importance of the jury trial, and problems that arise through the plea-bargaining process. Chapters two and three address the respective roles of defense attorneys and prosecutors in the plea-bargaining and jury trial processes. Chapter four addresses the role
of victims in the plea-bargaining process. Lastly, chapters five and six address jury selection and the jury deliberation process.
Each chapter of the book commences with an introduction written by Mr. Koski himself, followed by a collection of writings by various authors relating to the subject matter of each section. In that regard, the The Jury Trial in Criminal Justice reads almost like an anthology: and the perspectives of the authors are quite diverse. One of the tremendous strengths of the book is that it explores the various dilemmas of our plea bargain system thorough the lenses of defense attorneys, prosecutors, and laypersons. The balance and objectivity maintained throughout the book enhances the credibility of its message.
At a fundamental level, The Jury Trial in Criminal Justice examines the potential detriments that criminal defendants experience by foregoing jury trials. These detriments to defendants arise from all aspects of the criminal justice system: and all the actors in the system bear culpability. For example, a prosecutor may present a defendant with an unfair plea offer that is motivated due to the prosecutor’s political ambition. That prosecutor may recognize that the plea bargain is unfair, and that the State may not be able to prove their case to a jury beyond a reasonable doubt. All the same, the defendant will accept the plea due to their fear of the “trial penalty.” The trial penalty (which is discussed in detail in the book) is a well-known phenomenon among criminal law practitioners. The trial penalty refers the fact that if a defendant is convicted of an offense after a jury trial, the sentence they typically receive is 300%, 400%, or even 500% greater than the sentence the same defendant would receive pursuant to a plea. In this regard, a defendant who asserts their innocence may accept a plea simply to avoid the trial penalty. Defense attorneys can also contribute to the detriment that defendants experience by foregoing a jury trial. As the book notes, sometimes defense attorneys can be lazy, overworked, or simply unwilling to zealously advocate for their client.
As a practicing criminal defense attorney, I am mindful of the lessons that The Jury Trial in Criminal Justice brings into focus. The benefits of trial advocacy and the jury dynamics that are explored in the book are insightful and beneficial for all attorneys to study: even if they practice civil law. Of course, there are times a plea bargain may indeed be in a client’s best interest. As attorneys, we must be vigilant in ensuring that if a plea bargain is entered, it is entered for the right reasons. Thomas Jefferson described the jury as “the only anchor ever yet imagined by man by which a government can be held to the principles of its constitution.” If our present system of criminal justice is one that regularly employs the sacrifice of a fundamental Constitutional right, such a sacrifice cannot be taken lightly.
A number of years ago, actress Gwyneth Paltrow named her daughter “Apple.” She explained to Oprah, “It sounded so sweet, and it conjured such a lovely picture for me.” I’m sure that most people were like me and thought that was a bit of an odd name for a baby. She was correct, though, in that apples really are the “feel good” fruit.
Some might criticize me for this, but I’m the person who grabs the mail every day, beginning in July to get the latest Fall catalogues. I love the scarves, knit sweaters, jackets, boots, falling leaves, fresh air… and I love apples.
While many people think pumpkins are the Fall staple, I’m a bit partial to apples. We give apples to teachers when school starts. We bob for apples at Halloween. We enjoy caramel and candied apples at Fall festivals (and were the gift at my wedding rehearsal in November many years ago!) On a recent trip to the Northeast, Hugh and I spent an afternoon apple picking. Apples are versatile, and I love to cook dishes that feature them.
I’ve shared a number of recipes that feature apples, and I was excited when the Garden Club of America featured them in their latest newsletter. They shared a number of apple recipes, and I was excited to try them all.
My favorite “easy” apple recipe is the Chicken, Brie and Apple Panini. To make it, you need the following ingredients: focaccia bread (cut to make two sandwiches), 1 medium apple (cored and thinly sliced), 4 oz fig preserves, arugula (scant handful per sandwich), chicken breast (baked and thinly sliced, about 1/3 cup per sandwich), salt and pepper to taste.
To prepare, cut the focaccia bread into squares large enough for a sandwich and split in half. Alternatively, use two slices of a firm sandwich bread, such as Italian or sourdough, per sandwich. Spread once slice of bread with the fig preserves. Layer it with apple slices, chicken (seasoned with salt and pepper, brie slices, and a handful of arugula. Top with the second slice of bread.
Heat a panini press and grill just long enough for the bread to become nicely browned. Alternatively, lightly butter the outside of the sandwich with softened butter and grill on an indoor grill pan, pressing down gently to get grill marks (about 3 minutes or so on each side).
Note: Any crisp apple may be used for this sandwich. My preference is the Gala apple because of its sweetness. It goes well with the bitterness of the arugula. Also, turkey can be used instead of chicken. If you are looking for vegetarian, just omit the meat altogether. It is really good that way, too. Finally, while a panini press is nice to have, you can also use a grill pan to do the job. The George Foreman is also an option. I have a lot of kitchen gadgets (a whole area of shelving in the garage dedicated to them) but do not have a panini press. The George Foreman grill that I
purchased in 2000 works just fine as a panini press.
Another favorite from their newsletter is Apple Confit. To make it, you need the following ingredients: 10 Granny Smith apples (peeled, cored and thinly sliced), 3 TBS lemon juice, 2 tsp freshly ground nutmeg, 1 TBS cinnamon, 1 tsp ground cloves, 1 small sweet Vidalia onion, ½ cup (1 stick) salted butter, 2 cups granulated sugar, 1 ½ tsp kosher salt, 1 TBS vanilla, and 1 cup brandy.
In a large bowl, mix the apple wedges with the lemon juice, nutmeg, cinnamon and cloves. Set aside.
Cut the onion in half through the stem, remove the peel, and cut into thin, half-moon slices.
In a large, heavy pot, melt the butter on medium heat and sauté the onion slices until soft and translucent (about 15 minutes). Then add all of the apple mixture, sugar, salt, vanilla and brandy. Toss together and cook until the mixture starts to bubble, then lower the heat.
Let the apple mixture cook on very low heat for 2 ½ hours, barely bubbling, until the apple slices are soft and there is only a very dark and syrupy liquid left in the pot.
Cool the apple mixture, then transfer it to a container and refrigerate overnight.
Reheat slowly on low heat before serving it with vanilla bean ice cream. As the ice cream melts, a luscious caramel sauce emerges. It’s like Heaven in a bowl.
Note: Apple Confit is also good as a topping for cheesecake. While I don’t love cheesecake, my family does, and this is a great way to serve it.
The old adage says, “An apple a day keeps the doctor away.” I’m not sure if that is true, but an apple a day keeps my kitchen full of hungry boys and wonderful smells.
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.
As part of this year’s focus on celebrating our bar association’s diverse membership and exploring creative ways for members to connect, network, and experience fulfillment in the practice of law, we would like to highlight the accomplishments and contributions of KBA members who are making a difference in the legal arena and beyond. Send links to news to posts or articles, pictures, or just a blurb about what’s going on to membership@ knoxbar.org.
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.
In 2012, the KBA’s Archives Committee began interviewing senior mem bers 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 mile stones and stories of great lawyers and judges provides new lawyers with historical perspective and inspiration. View the interviews online at www. knoxbar.org by clicking Member Resources and then Practice Resources.
• Existing association of attorneys have available 1-2 office spaces in historical building 1816 Clinch Ave., across from Ft. Sanders Reg. Hospital to include parking spaces, conference room, reception area, receptionist, phone system, internet and Lexis access. Email cburks@ jnblawfirm.com or call (865) 522-4964 for inquires.
• 1520 Highland Avenue in Fort Sanders Available - The offices are $1,000/month and includes a private office and access to a common area that includes a full kitchen, reception area, conference room and separate client meeting room, plus 1 free parking space in addition to free on street parking. The office is “Class A” space (there’s even a fireplace in the meeting room!) and it would be a great office sharing arrangement for up to 4 people who are starting out. Rent includes utilities, alarm, and internet. Contact Perry Childress at (865) 8032545.
THE KNOXVILLE BAR ASSOCIATION IS PLEASED TO WELCOME THE FOLLOWING NEW MEMBERS:
Brad Areheart
U.T. College of Law
Ashley G. Arnold
U.S. District Court
Catherine B. Costner
Costner Law Office
Josh B. Ferrell
Rev. Elizabeth Appunn Peterson
Kennerly, Montgomery & Finley, P.C.
Karli B. Ailshie
Amy Anstey
Kyle S. Ayers
Wesley L. Book
Elizabeth D. Campbell
Abigail M. Coleman
Allyson K. Davis
Nicole Demmons
Katelyn H. DeReus
Alexia Rose Gilland
Kiersten I. Ginkel
Sean Harris
Lindsey N. Higdon Mariah Holtz
Anthony W. Howard
William H. Jones
Brenna E. Killian
Samuel R. Knell
Cloee-anna Merritt
Evan S. Miller
Sarah E. Mills
Cierra A. Miranda Kelley M. Moore
Alyssa N. Nix
Pratista Patel
Grant C. Peterson
Spencer G. Powell
Stephanie Ramirez
Joshua L. Rojas
Sydney Rouser
Georgia Seay
Jared D. Shelton
David I. Slagle
Zoe E. Smith
Stephen H. Stewart
Kailyn R. Stone
Brandon C. Townsend
Jennifer C. Tucker
Evan Turner
Ellen Walker
Jackson W. Welsh
John Hill G. Wheliss
Kelsey White-Kennedy Briana N. Zimmerman
Please note the following changes in your KBA Attorneys’ Directory and other office records:
Terri L. Daugherty
BPR #: 032949
Lowe Yeager & Brown PLLC
900 S. Gay Street, Suite 2102 Knoxville, TN 37902-1862 Ph: (865) 521-6527 tld@lyblaw.net
Mariel S. Cooper
BPR #: 038519
VeraSafe, LLP Ph: (479) 871-1238 coopermarielsusanne@gmail.com
John Ganem
BPR #: 039264
INVO PEO, Inc.
800 Oak Ridge Turnpike, Suite A-500 Knoxville, TN 37830-6950 Ph: (865) 425-7456 john.ganem@invopeo.com
Hon. Hector I. Sanchez
BPR #: 033519
Criminal Court, Division II 400 Main Ave., Suite 159 Knoxville, TN 37902-2489 Ph: (865) 215-2509 hector.sanchez@knoxcounty.org
Richard J. Rice
BPR #: 015245
Foundation Title and Escrow Series, LLC 535 W. Lamar Alexander Pkwy Maryville, TN 37801-4760 Ph: (865) 238-5272 rrice@foundationtande.com
Bradley C. Sagraves
BPR #: 027511
P.O. Box 32631
Knoxville, TN 37930 Ph: (865) 500-3258 bradsagraves@gmail.com
We’ve all seen the Progressive commercials about becoming your parents. The protagonist in those ads, Dr. Rick, carefully, but firmly, redirects his patients as they engage in behavior that mimics their parents. Dr. Rick explains that this phenomenon is, in fact, a mental disorder, which he has named “parentamorphosis.” Parentamorphosis is mostly unavoidable. The first signs and symptoms generally appear with first-time home ownership, and the disease is subtle at first but quickly overtakes you by the age of 34, absent some intervention from a spouse or trained professional. As a part of my “research” for this article I checked the Diagnostic and Statistical Manual of Mental Disorders (the “DSM”), and although parentamorphosis is not included in the latest edition, it is no less a disease.
I remember my first dustup with parentamorphosis. It was about six years ago. I was 28. My wife and I had just gotten married and moved into our first home—a lovely starter home in the Timbercrest Neighborhood off Lonas Drive (an area I affectionately refer to as “Bargain Bearden” or “Poor Man’s West Hills”). The house was a 2200-square-foot split level with a shed roof. It had interesting angles and potential but was a complete, unmitigated disaster. It was built in the late 60s and last “renovated” in the beige era known as the early 2000s. (I use the word “renovated” loosely because the only significant changes were the installation of a water softener system, and the application of ten buckets of Sherwin Williams “Accessible Beige.”)1
The last owner had lived there for more than 20 years, and during that time, he had multiple dogs with urinary incontinence (I’m piecing that together based on the state of things when we took possession) and smoked nothing short of three packs of cigarettes each day, inside, and without opening a single window. If we were to bottle the home’s scent when we purchased it, I would call it: Moose Lodge, 1976. While some homes built in the 60s have mid-century character worth salvaging, ours did not. Seashell sinks, harvest gold bathtubs, and cheap wood paneling were period appropriate, but none deserved saving.
We began our work on the inside, slowly removing the years of nicotine and dealing with the general wear and tear left unattended by the previous owner. After whipping the inside into livable shape, which included (among other things) replacing every square inch of flooring and priming and painting every wall, door, and ceiling, we moved our efforts to the outside. Like the interior, the landscaping had suffered from years of inattention. The front flower beds were a veritable jungle, and what was certainly a well-designed plan in the beginning, became a thatch of mostly thorny plants with absolutely zero curb appeal.
Once all of the overgrown plants were either removed or reduced to a more manicured form, it was clear we needed ground covering. Enter parentamorphosis.
Like my father, who to this day gets a gleam in his eye when he discusses the varying levels of peat moss in different brands of potting soil, I set out on a journey to find the perfect mulch for my landscape project. I spent hours researching the different offerings, local vendors, and pricing. My goal was to find the longest-lasting and most durable
mulch on the market. In this process, I even visited a few sales yards to inspect the quality of their products. After countless hours of online and in-person inspection and research, I settled on a company in West Knox County who, unlike many of their competitors, charged no delivery fee provided you purchased a minimum of ten yards of mulch.
For commercial settings, ten yards is appropriate. For two small flower beds and a five-foot circle around a mailbox, it’s about nine yards too many. Still, once I placed my order (by telephone), I was like Ralphie Parker waiting for his Red Ryder BB Gun. I was obsessed. The company called the day before the mulch was scheduled to arrive, and I literally moved things around on my work schedule so that I could be at home during the delivery window.
On the day of the delivery, I watched in absolute awe as the truck backed down my driveway and slowly dropped all ten yards of fresh, black mulch in a mound the size of LeConte on my driveway. If I died in that very moment, I was at peace.
Once the driver finished unloading and I signed the delivery receipt, I walked toward the mulch with both hands out, like a child wandering toward a sandbox. I quickly grabbed two handfuls of mulch and sprinkled it back over the pile as if I were a seasoned judge at a 4-H soil competition. When I was done with my inspection, the following, haunting words left my mouth before I fully appreciated what I was saying: “That’s some good mulch!”
Fortunately, my wife was present for this embarrassing exchange and was quick to bring me back to earth. “Did you just say, ‘That’s some good mulch’?” she asked while laughing uncontrollably. Embarrassed, I walked away hoping that space would help me see that I was becoming my father.
Fast forward to the present day, I now have Stage Five parentamorphosis: cardigans are my feature accessory; my Instagram reels are filled with This Old House clips from PBS; I delight in watching local weather reports; I keep Werther’s hard candies at my desk; I love a good pair of house slippers; and it’s lights out at 9:30. Just last night, after we finished watching the late NFL game on CBS, my wife and I were glued to the TV as 60 Minutes featured a hurricane-resistant and solar-powered community known as “Babcock Ranch,” which maintained electricity even in the wake of Hurricane Ian.
When they broke for commercial, my wife looked at me and said, “Isn’t that amazing that they can build a community that withstands something like that?” I agreed and continued drinking our red wine, watching our baby on the baby monitor, and thumbing through Facebook marketplace. Lame? Yes, but I wouldn’t have it any other way.
1 Let us pause briefly to recognize the commercial paint industry who’ve spent countless hours generating creative (and sometimes graphic) names for colors that none of us—including Crayola—knew existed, like: “Tony Taupe,” “Mole’s Breath,” “Un-Teal We Meet Again,” “Colonoscopy,” and my personal favorite “Dead Salmon.”
October was 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 that need. Attorneys from across our service area answered the call to pro bono service by volunteering at one of the many clinics Legal Aid of East Tennessee held in the month of October.
We kicked off Pro Bono Month on Saturday October 1st when Legal Aid of East Tennessee partnered with Lincoln Memorial Duncan School of Law and the Tennessee Supreme Court Access to Justice Initiative to hold a Power of Attorney Clinic graciously hosted by the Church of the Resurrection in Loudon County. LMU law students, supervised by local attorney volunteers, helped eight clients get Durable Powers of Attorney, Health Care Powers of Attorney, and Living Wills drafted and executed on site. The Tennessee Justice Bus was in attendance and helped support our efforts at this beautiful church!
On Saturday October 8th, LAET partnered with Legal Aid Society of Middle TN, the Bankruptcy Law Section and Young Lawyers Division of the Tennessee Bar Association, the Nashville Bar Association, and the Justice for All Initiative with the Tennessee Supreme Court to hold another session of our 2022 ABA Brown Award winning Virtual Debt Relief Clinic. This time, we focused on the Middle Grand Division and the Hon. Charles Walker from the US Bankruptcy Court for the Middle District of Tennessee gave the opening presentation to client attendees and attorney volunteers from Middle and East Tennessee spoke with an estimated ten clients. We will be holding another Virtual Debt Relief Clinic focused on East Tennessee in the early part of 2023 and have one more in-person Debt Relief Clinic scheduled for Saturday November 19th.
On Wednesday October 12th, we continued to hold our popular
monthly Legal Advice Clinic for Veterans. The clinic is the joint project of the Knoxville Barristers, the Young Lawyers Division of the Knoxville Bar Association (KBA), KBA/Barristers Access to Justice Committees, Legal Aid of East Tennessee, Knox County Public Defender’s Community Law Office, the University of Tennessee College of Law, Lincoln Memorial University-Duncan School of Law, and the local VA office. The clinic is held monthly on the second Wednesday at the Knox County Public Defender’s Community Law Office from Noon to 2:00pm. Law student volunteers are always on hand to help with intake and phone volunteer options are always available. Our November 9th clinic falls two days before Veteran’s Day- a great way to honor our veterans’ service is by volunteering for this clinic!
In Chattanooga, we held an expungement intake at the Hamilton County Courthouse at the One-Stop Shop Reentry Fair in partnership with the Tennessee Department of Corrections and the Chattanooga Bar Association. East Tennesseans who wanted help with an expungement were able to register for assistance as well as talk to other agencies about reentry support ranging from assistance with housing, health care, child support, and jobs. At a follow-up attorney workday in early October, ten attorney volunteers were able to help seventeen clients clear over 122 cases off their records.
We are so proud to work with wonderful community partners to serve our local friends and neighbors and ensure all residents of East Tennessee have access to high quality legal advice! Please continue to check LAET’s webpage, the “Upcoming Clinic” section of the Knoxville Bar Association website, and the monthly list in each DICTA column for more information about future legal clinics. 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
sign up to represent a client through our website. A brief description of the client and their legal needs are provided, and new
are added regularly. Cases can be searched based on county, subject
key factors.
please visit https://www.laet.org/pro-bono-matters/ .
currently
When did you discover that you wanted to become a lawyer? For me, it was my Freshman year at the University of Tennessee. I headed to the Hill from Jackson, Tennessee with dreams of becoming a doctor. It wasn’t until I was sitting in one of Dr. Kleinfelter’s Chemistry lectures that it struck me - I hate blood. I hate science. What am I doing here? That is the first time my life took a different trajectory than what I had planned.
I’ve always been interested in the government and the ability to make policy and law. I was in awe of all the opportunities a law degree might allow me, so I changed my focus to a degree in Public Admin istration, with my sights set on law school. I started the University of Tennessee College of Law in the Fall of 1998 (and may have watched a little football along the way) and never looked back.
After graduation, I spent several years working with John Neal before my life took an unexpected turn, yet again. This led to phase two of my adult life, a “stay at home mom-law yer.” My mantra during those years was “I’ll go back to work when the kids start” … preschool, kindergarten, middle school. It was a moving target, because I wasn’t sure where I fit into the legal world. Thankfully, my husband, Steve, was supportive of whatever path I chose, and my years raising Samantha (14) and Andrew (12) were precious. I kept my license active throughout and found my niche helping families with probate and estate planning, visiting them in their homes, in my own home, at Panera Bread, at their place of work. My “traveling lawyer” life suited me, and I made the most of it. Along the way, I kept in close contact with Jerry Martin and Al Witt, both of whom have been invaluable to me over the course of my very non-traditional career.
As I was considering what my re-entry into the workforce would look like, an interesting opportunity presented itself. A friend forward ed me a job opening for a part time Pre-Law teacher at Hardin Valley Academy in Knoxville. Wait, they teach high schoolers about the law? I can have a job using my legal skills and be on the same schedule as my school aged children? After talking with Dr. Rob Speas, the Principal of HVA, I was sold. And thus began the third life change, the one where I am living and thriving today.
As I write this article, I am sitting in a room of high school students who are diligently working on a project. These are my “second years” in Pre-Law 2. They will be presenting to the class how media coverage of trials influences justice and our perception of those involved. By the time this article goes to print, we will have moved on to trial procedure, forming an understanding of how the process works from the ground up. My “first year” Pre-Law 1 students have just learned how each branch of government makes laws and rulings that affect practically everything we do. They will soon be taking on Constitutional Law, followed by an exploration of criminal and civil laws. My students are fun, inquisitive and ready to learn. And, yes, they are all just high schoolers! From
Freshmen to Seniors, we have students here in Knoxville who have a unique opportunity to explore career paths before life sets them on their way. I am privileged to work among career teachers, marketing majors, business majors, and even a former police officer in the Business and Law Academy at HVA. I get to teach (and often learn from!) the future. And the future of the legal profession is bright.
From Shamstaj, a Junior:
“Being in a pre-law class in high school is a great privilege for me as a student because not everyone gets this opportunity. The things we learn in this class aren’t just beneficial to us as future lawyers, they teach us about life as a whole. In this class, we learn about important cases, pro cesses, and structures of the different court systems. Some of the things I would like to be able to do while taking this class are having mock trials, starting a law club, and having some guest speakers come and speak to our class about their experiences. I am really looking forward to continuing to learn about the law and having new experiences along the way.”
From Hannah, a Sophomore:
“I knew the basics that you learn from just listening to the news but nothing like what I would uncover after the nine months I spent in the classroom. In this class we learn how the world works. The rules and regulations that are put in place for each one of us. A class like this prepares students for the future where they are making decisions that can be life changing. Pre Law class is a place that teaches us how the legal system moves. What is considered a felony versus a misdemeanor? How do I speak when I am present in a courtroom? These are questions that I had before taking this class and questions I can now answer in depth to whomever asks. There are so many students that are ready to learn and collect information, to be able to apply that to their future professions.”
What about you? Would you have loved the opportunity to explore the law while still in high school? Would you be willing to go back to high school now? Not teenage you, but you, as a lawyer, having fulfilled your dreams. You have a lot to offer the next generation of lawyers, and I have a classroom of students eager to learn. I would welcome you anytime to instruct, to tell war stories, to assist with mock trials. I want you to see how fulfilling my second round of high school has been.
P.O. Box 2027 Knoxville, TN 37901
On September 29, the KBA’s Diversity in the Profession Committee sponsored a CLE program, Taking Diversity, Equity & Inclusion (DE&I) to the Next Level. The program featured Luther Wright, Jr., a Nashville attorney with Ogletree Deakins. More than 175 local lawyers and law students participated, and over 40 law firms and organizations were represented. During the program, Luther offered helpful tips to lawyers and law students and stressed the need to lean into our similarities to overcome diversity barriers. He emphasized the need to promote a culture where open dialogue is encouraged and to make people experience a sense of belonging and empowerment to help them achieve their full potential. The event was co-sponsored by the U.T. College of Law and the LMU Duncan School of Law. Attorneys from the following local law firms and government agencies participated in the event.
Anderson Busby PLLC
Arnett, Draper & Hagood, LLP
District Attorney General, 6th Judicial District Dunn, MacDonald & Reynolds, P.C. Egerton, McAfee, Armistead & Davis, P.C. Federal Defender Services Frantz, McConnell & Seymour, LLP Hodges, Doughty & Carson, PLLC Jennifer Morton Law, PLLC Kennerly, Montgomery & Finley, P.C. Knox County Circuit Court Knox County Juvenile Court Knox County Public Defender’s Community Law Office Knoxville Family Justice Center Kramer Rayson LLP
Law Office of Joshua S. Reed Law Office of Rachel Bonano, PLLC Law Office of Ursula Bailey Legal Aid of East Tennessee, Inc. Lewis Thomason, P.C. Lincoln Memorial University - Duncan School of Law London Amburn, P.C. Market Street Law, PLLC Mason LLP Miller Law, Mary D. Miller, PLLC Owen Law Firm Paine | Tarwater | Bickers, LLP Pinnacle Financial Partners Robert R. Kurtz, Attorney at Law Smoky Mountain Legacy Partners
Tenn. Dept. of Human Services - Appeals & Hearings Tennessee Attorney General’s Office Tennessee Court of Appeals Tennessee Supreme Court Tennessee Valley Authority TN Court of Criminal Appeals U.S. Attorney’s Office U.S. Bankruptcy Court U.T. College of Law Watson, Roach, Batson & Lauderback, P.L.C. Wimberly Lawson Wright Daves & Jones, PLLC Woolf, McClane, Bright, Allen & Carpenter, PLLC Workers Compensation Appeals Board
