DICTA - September 2023

Legal Update: TLAP and Mental Health: When Meditation and Yoga are Just Not Enough . . . Page 15 Schooled in Ethics: The Robot Lawyers are Coming: Artificial Intelligence and Legal Ethics . . . Page 21

A Monthly Publication of the Knoxville Bar Association | September 2023

KBA WELLNESS COMMITTEE TAKEOVER

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September 2023

In This Issue

Officers of the Knoxville Bar Association

September 2023

COVER STORY 16

The Year in Wellness

CRITICAL FOCUS 5 President Loretta G. Cravens

President Elect Carlos A. Yunsan

Treasurer Jonathan Cooper

Secretary Rachel Park Hurt

Immediate Past President Jason H. Long

KBA Board of Governors Ursula Bailey Meagan Collver Daniel Ellis Spencer Fair

Luke Ihnen Hon. E. Jerome Melson William A. Mynatt, Jr. T. Mitchell Panter Samantha Parris

Courtney Epps Read Vanessa Samano Charles S.J. Sharrett Hon. Zachary Walden

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The Knoxville Bar Association Staff 25

President’s Message

Hurry Up and Wait

Practice Tips

Products Liability: Better Know Your Repose

Legal Update

TLAP and Mental Health: When Meditation and Yoga are Just Not Enough

Schooled in Ethics

The Robot Lawyers are Coming: Artificial Intelligence and Legal Ethics

Management Counsel

Surviving In-House Legal Management

WISDOM 8 9 10 Marsha S. Watson Executive Director

Tammy Sharpe Director of CLE & Section Programming

Jonathan Guess Bridgette Fly Database Administrator Programs & Communications Coordinator

Knoxville Bar Association 505 Main Street Suite 50 Knoxville, TN 37902 865-522-6522 Fax: 865-523-5662 www.knoxbar.org Tracy Chain LRIS Administrator

Dicta

September 2023

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Volume 51, Issue 8

All articles submitted for publication in DICTA must be submitted in writing and in electronic format (via e-mail attachment).

Exceptions to this policy must be cleared

by KBA Executive Director Marsha Watson (522-6522).

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Jason Galvas LRIS Assistant

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

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Dicta is the official publication of the Knoxville Bar Association

Publications Committee Executive Editor Executive Editor Executive Editor Brandon Allen Anita D’Souza Elizabeth B. Ford Jennifer Franklyn Joseph G. Jarret F. Regina Koho Matthew R. Lyon

Managing Editor

Cathy Shuck Sarah Booher Melissa B. Carrasco Angelia Morie Nystrom Katheryn Murray Ogle Laura Reagan Ann C. Short Eddy Smith Grant Williamson

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Privileged To Be a Lawyer

There is Not One Way to be a Lawyer

Wellness Journey – Part I

Cycling and the Art of Soul Maintenance

How to Thrive in Law & Life

How to Navigate Change

Wellness Journey – Part II

Be Kind to Every Kind

Wellness Journey – Part III

What a Pain

Hello My Name Is

Jordan Newport

Simple Things

One Can

In Limine: Profiling Future JDs

Caleb Atkins

Top Ten

Tips for Trail Running

Of Local Lore & Lawyers

Tribal Law: Lessons from the Cherokee

Barrister Bites

Where’s Mom Now that I Need Her?

Well Read

Change and Become a Better Lawyer

Bill & Phil Gadgets

Microsoft Windows 11 Upgrades

Tell Me A Story

Harmoniously Coexist

COMMON GROUND 4 22 22 28 30

Section Notices/Event Calendar Barrister Bullets Change of Addresses Bench & Bar in the News Pro Bono Project

Marsha Watson KBA Executive Director

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SECTION NOTICES & EVENT CALENDAR

Section Notices

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

Alternative Dispute Resolution Section The ADR Section plans regular CLE throughout the year. Save the date for the annual CLE program “Mediation: Practice & Ethics Update,” scheduled for December 19. If you have a CLE program topic or speaker suggestions, please contact the ADR Section Chairs Joe Jarrett (566-5393) or Betsy Meadows (540-8777).

Bankruptcy Law Section The Bankruptcy Section plans CLE programs and helps coordinate volunteers for the Pro Bono Debt Relief Clinics. Join the Bankruptcy Law Section for the upcoming CLE program “Meet the “New” Standing Chapter 13 Trustee, Debra L. Miller” on September 22, featuring Hon. Suzanne Bauknight and Debra Miller. The Annual Celebration of the Pro Bono Debt Relief Clinic will also be held on September 22 from 2-3 p.m. on the Fourth Floor of the Howard H. Baker Jr. United States Courthouse.. If you have a CLE program topic or speaker suggestions, please contact the Bankruptcy Section Chairs Tom Dickenson (292-2307) or Greg Logue (215-1000).

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

Criminal Justice The KBA Criminal Justice Section represents all attorneys and judges who participate in the criminal justice system in Knox County. Join the Criminal Justice Section for these upcoming programs “The Government is Sliding into Your DMs” on September 12 and “Criminal Law Rowdy Roundup” on November 15. If you have suggestions for CLE topics, please contact Section Chairs Joshua Hedrick (524-8106) or Sarah Keith (931-260-5866).

Employment Law The Employment Law Section is intended for management and plaintiffs’ counsel, in addition to in-house and government attorneys. If you have a program topic or speaker suggestions, please contact the Employment Law Section Chairs Howard Jackson (546-1000) or Tim Roberto (6912777).

Environmental Law The Environmental Law Section provides a forum for lawyers from a variety of backgrounds, including government, corporate in-house, and private firm counsel. If you have suggestions for CLE topics, please contact Section Chairs Catherine Anglin (525-0880), Kendra Mansur (771-7192), or Jimmy Wright (637-3531).

Family Law Section The Family Law Section has speakers on family law topics or provides the opportunity to discuss issues relevant to family law practice. Plan to attend the Family Law Section Social on September 22 from 4-6 p.m. at the law office of Bernstein, Stair & McAdams, LLP. Save the date for the annual CLE program “TN Family Law Update” on December 5. If you are interested in getting involved or have suggestions for CLE topics, contact Section Chairs Jo Ann Lehberger (539-3515) or Steve Sharp (971-4040).

Government & Public Service Lawyers Section The Government & Public Service Lawyers Section is open to all lawyers employed by any governmental entity, state, federal, or local, including judicial clerks and attorneys with legal service agencies. If you are interested in getting involved or have suggestions for CLE topics, contact Hon. Suzanne Bauknight (545-4284) or Ron Mills (215-2050).

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

New Lawyers Section The New Lawyers Section is for attorneys within their first three years of practice, and any KBA member licensed since 2021 will automatically be opted-in to the section. The New Lawyers Section is hosting “What I Wish I Knew as a New Associate” on Tuesday, September 26, from 5-6:30 p.m. at Bearden Beer Market (4524 Old Kingston Pike). This will be an informal event meant to allow members of the section to socialize and network with other new lawyers. The program will offer tips and advice to attorneys who are in the beginning stages of their careers and will feature KBA members Garett Franklyn of Moore, Ingram, Johnson & Steele, LLP and Bridget Pyman of Arnett, Baker, Draper & Hagood, LLP. If you would like to get involved in planning Section activities, please contact Section Chairs Kathryn Haaquist (525-0880) or Nicole Turbinton (221-7542).

Senior Section If you have suggestions for luncheon speakers, please contact Chair Wayne Kline at (292-2307) or Sam Rutherford (659-3833).

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

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event calendar September

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Law Office Tech Committee Justice Tarwater’s Investiture Bench & Bar Celebration Diversity in the Profession Committee Barristers Constitution Day Criminal Law Section CLE Professionalism Committee Access to Justice Committee Wellness Committee Veterans Legal Advice Clinic Barristers Meeting Judicial Committee Wellness Conference Barristers Constitution Day Financial Wellness Program: Mid-Career Stage Lawyers of Color Support Group Bankruptcy CLE & Reception Family Law Section Social CLE Committee New Lawyers Section Program Board of Governors Meeting

October

n3 n5 n6 n 10 n 11 n 11 n 11 n 11 n 12 n 16 n 18 n n 21 n 25 n 27

Law Office Tech Committee Diversity CLE & Reception Diversity in the Profession Committee Professionalism Committee Wellness Committee Veterans Legal Advice Clinic Barristers Meeting Financial Wellness Program: Young Lawyers Stage Judicial Committee Barristers Golf Tournament Financial Wellness Program: Pre-Retirement/Retirement Stage Lawyers of Color Support Group Board of Governors Meeting ABOTA Trial Practice CLE

SAVE THE DATE: Wellness Conference & Health Fair September 15

Check the KBA Events Calendar at www.knoxbar.org for scheduling updates.

September 2023

PRESIDENT’S MESSAGE By: Loretta G. Cravens

Eldridge & Blakney, P.C.

HURRY UP AND WAIT As you all know, I have been in a lengthy trial out of State for the last couple of months. When I wrote my last President’s column, I was certain that I would have a plethora of time to come up with a brilliant idea for this September column for the wellness issue, but again I find myself writing what I am thinking as I sit down to type this message. Thank you for indulging me.

I am struggling with my patience. This is not a new problem. As a child, my grandmother, the saint who raised me, often had to remind me to practice patience. I was a premature birth so maybe my lack of patience stemmed from the womb, but it was just not something that ever came naturally to me. In my adult life, even after her passing, I frequently find myself hearing her voice in my head as if she were standing next to me. “Patience, Loretta, Patience,” she would say. Thankfully, as an adult, I have learned to better heed her advice and have learned to practice my patience when necessary, and I have become a much more patient person.

I occasionally even share the lessons on patience, sometimes in manners that might not be deemed appropriate. Not too long ago, I stood in line at my local gas station/convenience store. The line was long, the store understaffed, and it was moving slowly. The gentleman in front of me was clearly growing impatient and making no secret of it, as he grumbled, huffed, and shifted his weight from side to side. I could not help but notice his behavior, and having once upon a time, worked in such a place, find it rude. I hoped I had never behaved in such a way, though I suppose at some point in time, I might have. As the line continued to crawl forward, this gentleman deemed it necessary to turn to me and make an inappropriate comment about the staff and the wait time. I smiled, “It seems like this is a good opportunity to practice our patience.” Why that came flying out of my mouth, I will never know, but it seemed to work.

He turned away and silently waited his turn without another word.

As I write, I am certainly practicing my patience. My fellow litigators may understand my current agony. I have a jury out. My mind is spinning like a butterfly caught in a tornado, unable to catch purchase on any focused thought, yet I feel seemingly paralyzed at the same time.

Nonetheless, this message is due today, and I refuse to be the President to disappoint Marsha at this late hour in her remaining time with the KBA, so I type and practice my patience.

For me there are truly two most difficult parts of a trial. First, are the final days leading up to its beginning. The final preparations, the stress, the late nights, the constant feeling of not being ready enough, of not being capable enough to represent my client well. The silent prayer September 2023

for wisdom and discernment that I might find the right words at the right time and make the right decisions in the moment to best serve my role as counsel and best represent my client. The DOUBT! The second, and perhaps most difficult for me, is now… the waiting for the jury verdict. Whatever is done is done, and now the matter is completely beyond my control. Like most lawyers I know, probably like you, I much prefer to be in control, so waiting on a jury is nerve wracking.

During a trial the days are long. Up early, long days of court, trying to stay alert for each witness, evidentiary issue, or development that may present itself, work all evening trying to prepare for the next day, grab a few hours sleep, and hopefully at least one meal in there somewhere, and repeat. Such is life in trial. Yet, it is constantly moving. There is always something to do, something to work on, some action to take. It is tiring but there is always action to be taken. Action is the antidote to anxiety. I cannot succumb to worry and anxious thoughts when taking action, but my goodness is the opposite true when all the action that can be taken has been.

Some years ago, I learned a hack from Mel Robbins, a former lawyer and television legal analyst, turned author, podcast host, and motivational speaker. In 2017 she published The 5 Second Rule.1 Some years earlier, in a 2011 Ted Talk, she had spoken of her 5 second rule. That Ted Talk that now has more than thirty-two million views.2 I’ve adopted a version of her five second rule into my own life, especially at times when I’m anxious or indecisive (yes, it did once take my five full days to decide on a new television model). When I feel paralyzed with thought or inaction or just do not want to do whatever it is that needs to be done, I count down from five to one and then just start doing it. I just start taking action, any action, and once I am in action mode it is so much easier to just keep acting. Keep moving through a task and onto the next. Five, four, three, two, one… out of bed. Five, four, three, two, one…take a walk…get in the car... etc. Five, four, three, two, one…start writing that President’s message… just start writing and something will come to you. Try the 5 Second Rule some time. I promise you it works. Just like that, I have finished this column in record time. Thanks for indulging me. I suppose life is a game of give and take. Now, back to practicing my patience awaiting a jury, while I five second rule myself to my next action.

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The 5 Second Rule: Transform your Life, Work, and Confidence with Everyday Courage, Mel Robbins (Savio Publishing 2017). https://www.ted.com/talks/mel_robbins_how_to_stop_screwing_yourself_over

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September 2023

PRACTICE TIPS By: Lindsey Martin Collins Paine | Tarwater | Bickers, LLP

PRODUCTS LIABILITY: BETTER KNOW YOUR REPOSE The first and most important thing to know about products liability law in Tennessee is that it is largely statutory. Claims for injuries caused by the “manufacture, construction, design, formula, preparation, assembly, testing, service, warning, instruction, marketing, packaging or labeling of any product” are governed by the Tennessee Products Liability Act (“TPLA”), Tenn. Code Ann. § 29-28-101, et seq. 1 This includes claims for personal injury, death, and damage to property (unless the product has only damaged itself ).2 The TPLA subsumes and supersedes all claims for such injuries “under any . . . substantive legal theory in tort or contract whatsoever.”3 It does not matter whether the plaintiff designates her claim as one for product liability, negligence, breach of warranty, strict liability, or something else – the TPLA controls.

When considering whether to file (or how to defend) a TPLA claim, the statute of repose set forth in § 29-28-103(a) is paramount. Subject to limited exceptions (discussed below), a plaintiff must file suit (a) within six years of the date of injury and (b) within the shorter of: ten years after the date the product was first purchased for use or consumption or one year after the expiration of the anticipated life of the product.

As a practical matter, the anticipated life aspect of the statute of repose is greatly restricted by § 29-28-102(1), which explains that “[t]he anticipated life of a product shall be determined by the expiration date placed on the product by the manufacturer when required by law but shall not commence until the date the product was first purchased for use or consumption.”4 This effectively limits the “anticipated life” provision to products that are legally required to bear expiration dates. At first blush, the commencement language may cause some head-scratching, but it is rather straightforward in practice. Courts have looked to the timeframe used to calculate the expiration date (e.g., two years from the date of manufacture) and added that to the commencement date to determine the end of the anticipated life of the product.5 For example, assume that a product was manufactured on July 1, 2016, had an expiration date of July 1, 2020, and was first purchased for use or consumption on January 1, 2017. Under the TPLA, its anticipated life began on January 1, 2017 and ended on January 1, 2021. It does not matter whether the plaintiff had knowledge of the expiration date.

As noted above, there are limited statutory exceptions to the statute of repose. There is an exception to the ten-year cap for “injury to minors whose action must be brought within a period of one (1) year after attaining the age of majority.”6 Federal courts have held that the minors’ exception also applies to the six-year repose period,7 but it does not appear that Tennessee appellate courts have ruled on this issue. It bears noting that the words “whichever occurs sooner” appear – somewhat confusingly – at the end of this exception in § 29-28-103(a). Federal September 2023

courts have expressly held that the inclusion of this language was a legislative oversight and it should be disregarded.8 Tennessee courts have not addressed this issue specifically.

The other statutory exceptions to the repose periods pertain to specific products associated with health problems that have long latency periods – asbestos and silicone gel breast implants.9 Pursuant to a 1979 amendment to the TPLA, there is no statute of repose for claims for exposure to asbestoscontaining products that were first purchased for use or consumption on or after July 1, 1969.

Claims for exposure to asbestos-containing products that were first purchased for use or consumption before July 1, 1969, are subject to – and barred by – the original ten-year cap.

In 1993, the legislature exempted silicone gel breast implant claims from the § 29-28103(a) repose periods, requiring instead that such claims must brought within 25 years of implantation and within four years from the date the plaintiff had actual or constructive knowledge of the injury.

These statutory exceptions are the only exceptions Tennessee courts have recognized to the TPLA’s statute of repose. Tennessee courts have repeatedly rejected arguments that would have created exceptions for things like fraudulent concealment, mental incompetency, and latent disease. Constitutional challenges have also been unsuccessful. Nevertheless, the federal court for the Eastern District of Tennessee has applied a limited exception for products that are substantially rebuilt or reconditioned and then resold, holding that the statute of repose runs anew from the date of sale.10 Tennessee courts’ strict enforcement of the statute of repose is consistent with the stated purposes of the TPLA, which include limiting the time for commencement of an action “to a specific period of time for which product liability insurance premiums can be reasonably and accurately calculated.”11 It is critical for any lawyer prosecuting or defending a product liability matter to be aware of the repose periods and, to a lesser extent, the limited applications in which federal courts may provide more plaintiff-friendly rulings on this issue.

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Tenn. Code Ann. § 29-28-102(6).

Lincoln Gen. Ins. Co. v. Detroit Diesel Corp., 293 S.W.3d 487, 492 (Tenn. 2009).

See Tenn. Code Ann. § 29-28-102(6).

Tenn. Code Ann. §29-28-102(1).

See, e.g., Montgomery v. Wyeth, 580 F.3d 455, 467 (6th Cir. 2009).

Tenn. Code Ann. § 29-28-103(a); Penley v. Honda Motor Co., 31 S.W.3d 181, 185 (Tenn. 2000) (“[T]he ten-year statute of repose does not strictly apply in the case of minors, who may still bring an action within one year of attaining majority even if the initial ten-year period has long since expired.”).

Holt by Holt v. Hypro, a Div. of Lear Siegler, Inc., 746 F.2d 353, 355 (6th Cir. 1984).

Id. at 354–55; see also Tate v. Eli Lilly & Co., 522 F. Supp. 1048, 1050–51 (M.D. Tenn. 1981).

See Tenn. Code Ann. § 29-28-103(b)–(c)(1).

See Fugate v. AAA Mach. & Equip. Co., 593 F. Supp. 392, 393 (E.D. Tenn. 1984).

Penley, 31 S.W.3d at 187 (quoting 1978 Tenn. Pub. Acts ch. 703 preamble).

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PRIVILEGED TO BE A LAWYER By: Allison J. Starnes-Anglea

THERE IS NOT ONE WAY TO BE A LAWYER Let’s not start this off with a lie. When Marsha Watson, Executive Director of the KBA, asked me to submit a draft for “Privileged to Be a Lawyer,” my first thought was not an ideal one. “Which column is that?

The one about ethics? Or new rules? She knows better than to ask me to do research.” Yet, research I did. Caring about Marsha enough not to embarrass her by turning in an off-key article, I looked up the last several columns online.1 The group of authors is diverse, distinguished, and accomplished. Let’s see where I fit in!

Am I privileged to be a lawyer? Umm, I think so? I no longer do much lawyering, you see. This column is an opportunity to celebrate how you came to law, what academic or personal barriers you found a way to overcome or remove, and what your law practice means to you. Because my life story is mostly unremarkable and full of privilege, my practicing law story is a short one, and my identity within this profession is an unusual one, it is best to temporarily retitle this piece to “Privileged to Be in the Profession.”

I enrolled in law school in 2007 at the start of the Great Recession, thinking law would be a good option for a stable career and, more importantly, an infallible way to avoid a real job for a few extra years. Looking back, this was a good call. I wasn’t mature enough to enter the job market at the time. I like to think 2007 Allison knew she was not ready for the “real” work force and she used that information to determine her post-college plans, but who knows.

2007 Allison was fresh off a Floridian college experience with a duffle full of flip-flops and bad makeup. Whether out of a sense of adventure or a sense of avoidance, to law school she went! Admittedly, I did some light academic flailing, but eventually found a smooth ride once I purchased 6 different Examples and Explanations.2 After graduation and the bar exam, I made my way to Knoxville. Here, I got very lucky and met Shelley Breeding, who hired me just a couple of months later. Then, a path started to carve itself. Without really meaning to, I worked on law-shaping and challenging cases, strengthened my communication skills, and became a participant in the community. Over time, I moved away from lawyering and took leadership roles on community boards, learned to be a strategic thinker, and I got to know my strengths and weaknesses as a professional.

I had the opportunity to step back and ask myself where I could succeed, and I realized the answer was not within the traditional role of a lawyer.

So in 2017, I moved into the services industry and led the career services department at the Lincoln Memorial University law school in Knoxville.

There, I advised hundreds of law students and new lawyers, developed strategic initiatives for new programs involving alumni and marketing campaigns, and I was able to take on a birds-eye view of what a career department can be.3 After five years in the career development world4, I took a chance on

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a larger stage and accepted a position as a civilian attorney-advisor. I serve the J.D. recruiting component for a military branch, which means that I serve under a chief attorney responsible for the overall Judge Advocate recruitment campaign, supporting the missions assigned to our team, and offering advice and guidance to a team of Soldier-attorneys who each manage separate portfolios that support the recruitment office. This job and all of the skills and experiences needed to do it are not exactly what we think of when we ask ourselves what a lawyer does, but that is the exciting part of our profession. We could not succeed without the non-traditional components that support our work along the way. Law clerks, librarians, discovery attorneys, tech support, agency leaders, and educators are all necessary in the successful advancement of our ability to do what it is we went to law school to do. We need each other. I am privileged to be a part of the non-traditional side.

Being a lawyer is required for my job, sure, but I am privileged to be in a profession that does not limit itself to a singular function.

There is no one way to be a lawyer in the profession, and for that I am grateful. As you can tell from the lack of big words in this article, I am not a typical lawyer. I was not the best student, I am not argumentative, and I am not Type-A. Instead of an over-thinker like so many members of this profession, I am under-thinker. I hear what I need to hear, make a decision, and move on. If you want me to draft something, be warned that it will not be revised and mulled over and edited within an inch of its life. It will be finished and coherent, but it will not be one of the great works of scholastic liturgy. I do not need it to be perfect, I just need it to work. My brain likes articulated conclusions, not seven-layers of analysis.5 Remember how the E&E helped me pass law school? It probably makes better sense now.

All of this, spun together, would make me the weakest attorney at some of your offices. I know that. But I am the sum of my skills and experiences, and that sum amounts to a person who can think creatively, manage multiple projects at one time, and find success as both a teammate and a leader. With time, I learned how the profession can benefit from a lawyer like me. I am Allison Starnes-Anglea, and I am privileged the profession has room for us all.

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www.knoxbar.org I know, right?!

If you don’t know what an E&E is, you have at least three CALI awards.

Career Closet, anyone?! If you have a donation of like-new suits or briefcases, email Director Jordan Houser to schedule your drop-off: Jordan.Houser@lmunet. edu.

I was the Director of Career Services at Lincoln Memorial University Duncan School of Law. Seven-layer dip, however, I like.

September 2023

WELLNESS JOURNEY – PART I By: Hon. Steven W. Sword Knox County Criminal Court, Division I

CYCLING AND THE ART OF SOUL MAINTENANCE The first few miles are the worst. Neither my body nor my mind want to be here. My muscles are stiff from sitting all day and my back is sore from tying my shoes this morning, or was it the sneeze at lunch?

Either way, my mind wants to join my body in protest of this bike ride. I keep thinking about all the things I need to be working on and reliving the mistakes of the day. How should I rule on today’s suppression motion? Should I reread Crawford in preparation for next week’s trial? Why did I get so mad at my daughter before work? Can I get the grass cut before it gets dark tonight? There is no part of me that is looking forward to the next two hours.

Then something amazing happens…

Around mile four or five, I realize that my legs are feeling a little better. My pace starts to quicken. The tension in my shoulders I wasn’t even aware was there starts to ease. I feel freer – at least physically. My mind is still focused on the burdens of everyday life. But my body is leading the way to a more healthy and balanced disposition.

It’s usually around mile ten that my mind lets go. It’s not like a switch is flipped. I just suddenly realize that all the pressing matters that were at the forefront of my mind moments ago have disappeared. Now I’m focused on the task before me. “A climb is coming up. Do I need to shift to the small chain ring? Am I keeping my watts up? I should increase my speed on the South Knoxville flats today. Need to engage my core more. Pedal harder!”

Now I’m in the zone. The next hour will pass with my mind and body in synch and focused on each specific moment. I’m no longer thinking about all the things that need to be done or feelings of regret and shame for mistakes I’ve made throughout the day. But that doesn’t mean my mind is shut off. The most transforming part of the ride is what happens inside my soul. I do remember the harsh word I had with my daughter this morning. But rather than berating myself, I’m able to see that I reacted to her the way I did because I’m really sad that she’ll be leaving soon. My frustration is replaced with a tenderness and a realization that I need to apologize when I get home and tell her I’m going to miss her. I think about how frustrated I became in court over the many cases that were reset without any progress. Instead of becoming angrier, I’m able to see that the attorneys are overwhelmed and need some guidance from the court on how to handle a heavy caseload.

I don’t focus on specific solutions. My frontal lobes are still focused on the task at hand. “Pothole! Dodge left!” But I find that God uses this stage of my rides to change my perspective on my circumstances rather than changing those circumstances. Now I’m seeing life from 30,000 feet. This view is very enlightening. I become smaller in my own eyes September 2023

and the blessings of God become bigger. I now see my frustrations as opportunities to make things work better and to show kindness to others.

This leads me to offer up short prayers for the people I have encountered during the day instead of feeling frustration and anger.

Eventually, my legs start to communicate a new message to my mind, “We’re tired. Time to wrap it up!” Professional cyclist Jens Voigt would famously say, “Shut up legs!” when this would happen to him. I am not Jens nor am I a professional cyclist. I listen to my legs.

When my ride does end, all the problems that I left behind during my ride are right there waiting for me. However, I am a different person after the ride. I’m calmer. I’m more patient. I’m kinder. I’m not overcome by my emotions. I’m at peace. Now I can handle the tasks before me as the best version of me rather than the worn-out, stressed-out version of me.

This is all because I engaged in an activity that forced me out of my temporary unhealthy physical, mental, and spiritual state. Before the ride, I physically felt like stretching out on a couch and resting. Before the ride, my mind wanted to continue to wrestle with and relive the challenges of the day. Before the ride, my soul was anxious and self-centered. After the ride, my body is stronger, my mind is clearer, and my soul is at peace. That’s why I love cycling.

It’s important that each of us discover something to break us out of the stress traps that we build up over the day. For me it’s a bike ride. For you, maybe it’s running, or walking, or gardening, or watching the sunset with a glass of wine. Whatever you choose, you will want to find peace for your body, mind, and soul. And don’t forget the third part. It’s the one that lasts forever.

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HOW TO THRIVE IN LAW & LIFE By: Emily Heird Vantage View Coaching

HOW TO NAVIGATE CHANGE Humans can be a paradox at times. We are incredibly resilient and adaptable creatures, yet the brain is wired to resist change. Change is threatening to predictability, certainty, and our sense of security. The mind will come up with many fear-based scenarios for adverse outcomes. The lawyer brain has super-hero abilities to spot potential negative outcomes and avoid risk.

However, the world is in a constant state of change and evolution.

You have a choice: resist change or embrace it. Fight to keep the status quo or expect change and be open-minded. You can seek change or only adapt when forced to. We don’t have control over life events, but we can choose how we respond.

Change is an inevitable and constant factor in the legal profession.

Technological advancements, regulation shifts, economic fluctuations, and societal trends impact how lawyers operate and succeed in their careers. Managing change effectively is a crucial skill for navigating the ever-evolving legal landscape. Below are 10 strategies to help you navigate change so you can continue to deliver outstanding legal services and maintain high levels of well-being.

1. Embrace a Growth Mindset The first step in managing change is to adopt a growth mindset. This mindset means you thrive on challenges and don’t see failure as a way to describe yourself but as a springboard for growth and developing your abilities. When faced with change, lawyers and legal professionals with a growth mindset view it as an opportunity to learn and develop new skills.

This outlook enables you to approach challenges with a sense of curiosity and openness, ultimately making the process of adapting to change smoother and more productive.

2. Develop Flexibility Flexibility is a key trait in effectively managing change. Lawyers must be prepared to pivot their strategies, approaches, and business models when necessary. Flexibility also involves being open to new ideas, perspectives, and ways of doing things. This can lead to innovative solutions and an increased ability to adapt to unforeseen challenges.

The pandemic forced lawyers and all businesses to innovate and pivot strategies, many of which had positive outcomes and are the new norm.

3. Practice Acceptance Radical acceptance is the psychological skill and ability to accept situations that are outside of our control without judging them, which in turn reduces the suffering that is caused by them. Acceptance does not require approval of the situation or change. Instead, it is accepting and working with reality as it is rather than arguing with reality or trying to fight against it. You still have thoughts and emotions about the situation, but you watch and monitor those so you don’t allow yourself to feel worse than necessary. You refrain from complaining, blaming, gossiping, and being pessimistic. Acceptance reduces stress and emotional reactivity.

4. Build Strong Relationships Change often involves collaboration and communication. Building and nurturing strong professional relationships is crucial for managing change effectively. Lawyers can benefit from networking with colleagues, mentors, clients, and even competitors. These relationships provide opportunities for knowledge sharing, support, and exchanging ideas. You may be squaring off against each other on cases and in the courtroom,

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but ultimately you are all in the same profession and experience the same challenges. It is an opportunity for community and camaraderie rather than loneliness and isolation, which is prevalent in the legal industry.

There is an abundance of client work to go around. Sharing ideas on managing the business aspects of practicing law strengthens the legal profession and ultimately provides better services for your clients.

5. Develop Change Management Plans Incorporating change management plans into law firms’ operational strategies can facilitate a smoother transition during times of change.

These plans outline the steps required to implement change, identify potential challenges, and provide strategies for overcoming obstacles.

Communication is a crucial element of change management plans; ensuring that all team members are aware of the changes and their implications can help alleviate uncertainty and resistance.

7. Encourage Open Communication Transparent and open communication is fundamental to managing change successfully. Create a firm culture where team members feel comfortable discussing their concerns, asking questions, and providing feedback. By openly addressing any doubts or fears, lawyers and supporting staff can foster a sense of unity and reduce the resistance that often accompanies change.

8. Focus on Technology The legal industry is undergoing a significant technological transformation. Lawyers need to embrace technology and understand its potential impact on their practice areas. Whether it’s legal research tools, case management software, or communication platforms, technology can enhance efficiency and streamline processes (which significantly reduces cognitive workload and stress for the lawyer). Investing in the right tools and platforms can help lawyers adapt to changing client expectations and market demands.

9. Lead by Example Law firm leaders play a pivotal role in guiding their teams through change. Leading by example means demonstrating a positive attitude towards change, showcasing adaptability, and actively participating in the transition process. Leaders need to expect there will be resistance. You can acknowledge the change will be challenging and that there will be road bumps but model an attitude of problem-solving and perseverance through the changes. When leaders show enthusiasm for change and effectively navigate its challenges, they inspire their teams to follow suit.

10. Manage Stress and Well-being Of course, I need to discuss stress and well-being. Making changes on an individual or organizational level adds stressors to an already full plate. It’s essential to prioritize mental and physical well-being for yourself and your employees during times of change. Practicing stress-reduction techniques daily, engaging in life outside of work, and seeking support when needed are all crucial for sustaining resilience and effectively managing change.

The pace at which the world changes and evolves has rapidly accelerated, whether we like it or not. While humans may be naturally resistant to change, the above strategies are a few ways to help you and your organization navigate change with confidence and resilience.

DICTA

September 2023

WELLNESS JOURNEY – PART II By: Joanie Stallard Stewart Assistant District Attorney, Third Judicial District

BE KIND TO EVERY KIND It started in a 4th-grade classroom at L.F. Addington Middle School in southwest Virginia.

Our homeroom teacher invited the local 4-H educator, Lucy, to visit.

Lucy showed up, prepared to impress, with an incubator and eggs. The 4-H Embryology Project is used throughout the country to teach introductory biology and life science.

The program promises to engage young people eagerly looking forward to hatching chicks. I found this to be true. I waited for those eggs to hatch for what felt like an eternity. When they hatched, I was ecstatic. So cute! So fuzzy!

Lucy returned to school that day with a big bag in hand. In my 10- year-old mind, I thought we were having a birthday party.

That did not happen.

Lucy’s bag held a hot plate and more eggs. She made the class omelets. My classmates and Lucy (who I will now lovingly refer to as Dr. Grim) ate and celebrated . . . something? It all gets a bit blurry at that point. I remember asking one of my friends if they realized that omelet came from the same place as those baby chicks we hatched. No one seemed particularly moved by this connection. My classroom just chowed down on those omelets. I, on the other hand, was outraged. I wanted to fight someone over those baby chicks, appalled by their uncertain future. I still wonder where they went. I hope they had a lovely, long life. That’s what happened, right?

That day I became a 10-year-old vegetarian. Suspicious of all, I developed excellent investigative skills for a kid, going to great lengths to learn about the ingredients in dishes I usually ate. I could cross-examine anyone I suspected would think I wouldn’t notice a little chicken broth. I knew what being passionate about a cause was all about.

At the time, back in the 80s, being a vegetarian wasn’t exactly a mainstream lifestyle in rural Virginia. I don’t know what year tofu made it to my hometown, but it was after I moved away. Meat substitutes (think impossible burgers) were not a thing. Yet, I managed to survive.

My meals back then consisted of a lot of cheese. Strong bones, I reasoned.

Dinner was often a cheese sandwich with fruit, but summer dinners were often directly out of my Granny’s garden – a plate of green beans, potatoes, sliced tomatoes, cucumbers, and cornbread. I get nostalgic thinking about it now. Other times dinner might include macaroni and tomatoes or greens, beans, and vinegar. In a pinch, I always had oatmeal.

I never felt like I was missing something. If I was hungry, I just ate more of what I ate. I turned out ok. My brain is (at least arguably) intact, and I’ve slowly completed several marathons. When I went to college and law school, my food options expanded. Chickpeas replaced my staple green beans. I started cooking with nuts, and I met tofu and tempeh. Living in Knoxville made it easier to eat out too. The Tomato Head Kepner Melt is the best sandwich in town. Martha’s menu at the Bistro always spoils a vegetarian appetite. Yasseins falafel and veggie plate is another favorite.

It is rare for me to go into a restaurant now that doesn’t have at least one vegetarian entrée or filling side dishes. These options allowed September 2023

me to transition to a primarily vegan diet. So, if eating plant-based meals interests you, start there. There is no need to buy unique ingredients to cook an unfamiliar meal when so many places in Knoxville already do it right. That said, if you are the cooking type, I recommend any cookbook by Isa Chandra Moskowitz. Her recipes are vegan, but you can adapt them quickly for vegetarians and the ingredients in most family refrigerators and pantries (i.e., substitute regular milk for plantbased milk, etc.).

With a plant-based diet, if you ask yourself why bother? that’s a question only you can answer. Whether for your health, morality, environmental concern, or curiosity, you can find the motivation to adopt a plant-based lifestyle, even part-time. At the end of every day, how we treat our bodies and all creatures around us should matter. Maybe as lawyers it matters even more to us if you believe “he who is cruel to animals becomes hard also in his dealing with men. We can judge the heart of a man by his treatment of animals.” - Kant

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SAVE THE DATE FOR THE ANNUAL JUVENiLE COURT ASSiSTANCE BOARD

EAST TENNESSEE LAWYERS' ASSOCIATION FOR WOMEN

2023 BASKET AUCTiON & FALL LUNCH

40th

LiVE & SiLENT AUCTiONS

CELEBRATING 40 YEARS OF ADVANCEMENT

FRiDAy, NOVEmBER 17, 2023

Anniversary Gala 11: 00Am-1:30Pm SCHEDULE OF EVENTS: 11:00AM Sack Lunch and Silent Auction Begins-($5.00 sack lunch) 12:30 Welcome/Introductions/Lunch and Silent Auction Ends Presentation of the Susan D. Kovac Award (An annual award presented to Knox County’s Most Outstanding Child Welfare Attorney) 12:45 Live Auction Begins Knox County Juvenile Court 3323 Division Street Knoxville, TN 37919 QUESTIONS, PLEASE CALL (865) 215-6475

please save the date 12

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CHEROKEE COUNTRY CLUB KNOXVILLE, TENNESSEE

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NOV

INVITATION TO FOLLOW

PM

All proceeds to benefit the Volunteer Advisory Board and to assist with hosting the Annual Foster Care Appreciation Dinner for Foster Care parents and to help meet emergency needs of children in Foster Care. Please see attached Basket Donation Form. There will be GREAT door prizes! You must be present to win! $5.00 for a yummy sack lunch that comes with one chance to win a door prize. Additional door prize chances may be purchased for $5.00 each.! If you would like to donate a basket, please let us know. We can accept Cash, Checks and Debit/Credit Cards! Please make checks payable to Compassion Coalition.

We look forward to seeing you Friday, November 17, 2023!

DICTA

September 2023

WELLNESS JOURNEY – PART III By: Allison Starnes-Anglea

WHAT A PAIN

ACKNOWLEDGING CHRONIC PAIN AS A PROFESSIONAL This article discusses the common, invisible suffering of adults living with chronic pain. According to a 2021 Center for Disease Control and Prevention report,1 20.9% of Americans live in chronic pain and 6.9% of adults report living with high impact chronic pain. Generally, pain is considered chronic when it occurs most days or every day in a 6-month period. High impact chronic pain is pain that occurs most days or every day in a 6-month period and frequently limits activity in life’s major domains: social, work, and recreational.

Many lawyers experience chronic pain but choose to keep it to themselves. Instead of seeking support and understanding, lawyers suffer in silence. Why? I have a working theory: no one in our profession wants to admit weakness, and we consider admissions of pain as admissions of weakness. However, pain is a legitimate sensation.

Feeling pain is part of the human condition. If your mind alerts to pain, it is responding to a stimulus and telling you to protect yourself. Pain can mean impending illness, an injury, or the physical manifestation of an unaddressed mood disorder. Pain is a person’s ultimate warning system, yet many of us bypass the entire concept, always to our detriment.

Ignoring pain can have severe consequences on physical and mental health. Consequences well beyond the exacerbated injury or viral infection, unaddressed chronic pain can affect sleep, stress levels, and even contribute to anxiety and depression.2 Twenty years ago, I was diagnosed with severe Rheumatoid Arthritis,3 an autoimmune condition that affects all joints major and minor with pain and swelling, fatigue, and joint decomposition over time.

It can be challenging to work among colleagues suffering from chronic pain. Keep in mind that your pain and the pain of your colleagues may

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present differently, it may come and go at different speeds, and it may have a different set of aggravators. Here are three things to know from the perspective of a manager of chronic pain: 1. Let me exist. I need to move at my own pace and in my own way.

2. I am doing my best. At every moment, I am working my hardest to meet your expectations for my mobility and my availability.

3. All is not equal. Just because I moved quickly and with precision yesterday does not mean the same is true today.

If you find yourself in pain as described by the CDC, please seek medical advice.

Properly managing chronic pain will improve your physical awareness, sharpen your brain function, and steady your mental health. See you in the waiting room!

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“Chronic Pain Among Adults” https://www.cdc.gov/mmwr/volumes/72/wr/ mm7215a1.htm#:~:text=health%20status%20characteristics.-,During%20 2021%2C%20an%20estimated%2020.9%25%20of%20U.S.%20adults%20 (51.6,experienced%20high%2Dimpact%20chronic%20pain. Since the original 2016 report, the CDC has evaluated its recommendations regarding opioids as treatment measures for chronic pain: https://www.cdc.gov/injury/pdfs/bsc/ BSC_Background_Overview_Progress-GL-Update_6_28_cleared_final_D_Dowell508-fx.pdf “Chronic Pain and Mental Health Often Interconnected” https://www. psychiatry.org/news-room/apa-blogs/chronic-pain-and-mental-healthinterconnected#:~:text=People%20living%20with%20chronic%20pain,with%20 chronic%20pain%20experience%20depression.

When I was diagnosed at 15, my younger sister was only 5. As a family, we explained to her that Big Sister could not pick her up, do handstands, or play physical games with her anymore. We told her the reason was called “arthritis.”

She thought for a moment, then said, “Alli has motoritis?” The family has called it motoritis ever since.

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HELLO MY NAME IS By: Jennifer Franklyn

Realty Trust Group, LLC

JORDAN NEWPORT This month’s “Hello, My Name Is…” q-and-a features Jordan T. Newport, Attorney at Hagood Moody Hodge PLC. Jordan practices primarily personal injury law, business law, and probate/estate planning. He is a 2019 graduate of the Lincoln Memorial Duncan School of Law and holds an undergraduate degree from the University of Tennessee in Marketing and a minor in Retail and Consumer Sciences. Jordan is the perfect feature for this month’s wellness-focused issue of DICTA because he is the Co-Chair of the KBA Barristers Athletics Committee, which is responsible for the annual Barristers Golf Tournament. Jordan has shared that the Athletics Committee is also exploring other ideas for future active events such as “Bowl-able Hours,” axe-throwing, and social events centered around athletics, including UT baseball and March Madness basketball games.

What do you think is most important for lawyers early in their career to know about work-life balance?

Work-life balance is dynamic. As a lawyer, especially a young lawyer, not every week or day is going to look the same, and sometimes that requires planning (or being comfortable calling an audible) to maintain a healthy work-life balance. Therefore, I would suggest to be flexible with your time and with your thought process related to maintaining this worklife relationship. For example, don’t beat yourself up if you can’t make a social gathering because you have a deadline that you need to meet. On the other hand, don’t feel bad if you need to cut out from the office 15 or 30 minutes earlier than normal in order to get some much-needed socialization. The same goes for staying active; it’s okay to be 15 or 30 minutes late to your desk if you need to run that extra mile or lift that extra set to clear your head for the day. It’s okay to place your personal well-being over your work.

What do you do to prioritize work-life balance?

This is something that I am still learning every day. Generally, I have to consciously place an emphasis on the “life” part of the equation, or I will find my scale tipping too much towards work. On the fitness side, I’ve learned to be flexible with my workouts as to timing and the type/length of workout.

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If I need to get in a quick workout, I might do a high-intensity interval training (“HIIT”) style of workout and complete it in half the time of a normal session. For socialization, my wife and I have tried to socialize in ways that we can plan ahead, such as weekly trivia nights with friends and play dates with our friends who have children around the same age as ours. Conversely, if we need to relax, we find a new Netflix series, binge-watch it on the couch, and we never feel bad about it!

What are your thoughts on self-care?

I think that I could write a book on this—or at least a well-developed blog. For everyone: it is okay to place emphasis on taking care of yourself ! Taking care of yourself does not mean that you are being selfish; to the contrary, taking care of yourself means that you are giving others the best version of you! For men especially: it is 2023, it’s time to embrace “healthy masculinity,” rather than its toxic counterpart. Namely, it’s okay to care about how you look, it’s okay to talk about your feelings, and it’s okay to admit to not being okay! I could go on for pages on this, but, ultimately, it comes down to this: go get that massage, treat yourself to that pedicure, take time to mediate (or your religious equivalent), talk to somebody. In the long run, taking that extra step for taking care of you is going to pay dividends to everyone that you encounter!

What’s your favorite restaurant in Knoxville (or East Tennessee)?

Sticky Rice Café, which is a locally owned Laotian restaurant located near West Town Mall. Not only is this a one-of-a-kind type of restaurant in Knoxville for this cuisine, but the food is excellent, and the staff make you feel like a regular every time you’re there.

What was the best concert you have ever attended?

This one is tough, but I would have to go with Ed Sheeran. Not only is the man an extremely talented singer, but he performs as essentially a “one man band.” He does this by using a loop pedal to record riffs and rhythm and plays it back, allowing additional ones to be added over the top, producing sounds that can sound like a whole band. The amount of talent that it takes to do all of that, while still putting on a great show for 20,000plus fans is just mind blowing to me.

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September 2023

LEGAL UPDATE By: Buddy Stockwell TLAP Executive Director

TLAP AND MENTAL HEALTH: WHEN MEDITATION AND YOGA ARE JUST NOT ENOUGH As we all know, “sunlight is the best disinfectant” and lawyers took a huge step out of the shadows beginning in 2016 with the watershed study “The Prevalence of Substance Use And Other Mental Health Concerns Among American Attorneys.”1 We were able to verify and acknowledge that lawyers suffer very high rates of mental health disorders compared to the general population.

A year later in 2017, an ABA Taskforce published “The Path to Lawyer Well-Being,” a report that included a “clarion call” to all stakeholders in the profession, encouraging everyone to make real changes and support lawyer wellness and well-being.2 This has been a courageous sea change in the profession. In just the last five years, lawyers have been empowered to speak candidly and openly about how the pressure of the practice can negatively impact their happiness and health. The “jury is in,” so to speak, and the verdict is clear: our profession is in urgent need of institutionalizing better self-care, wellness, and well-being. Our culture must change.

When my class graduated from law school in 1993, with eyes wide open, we all assumed the risk of entering a high-pressure high-stakes profession. The survival strategy was pretty simple: be smart and be tough.

We rolled up our sleeves and dove head-first into the pressure, with a “No Whining Allowed!” mandate in place. Self-care did not exist in our lexicon.

Many of us “old-timers” have survived law, of course, but true happiness and satisfaction in the law (much less joy and thriving) has been somewhat elusive for many. Still others have “white-knuckled” through suffering in a high-pressure practice they actually dislike. For years, some have also used alcohol, drugs, or other unhealthy coping skills just to get by emotionally, basically “treading water.” We also now know that the combination of significant stress, pressure, and lack of self-care is a contributing factor in generating mental illness in some of our peers.

Per the 2016 study on lawyer mental health, our profession has a 30% depression rate and 20% problematic alcohol use rate. Thus, a significant number of lawyers need professional clinical care that may include diagnostics, treatment, therapy, and/or medication(s) to support longterm recovery from a chronic mental health issue.

In other words, while solid self-care practices are indispensable to good health in the practice of law, well-being practices like mindfulness and yoga may not be nearly enough in many cases. That is when TLAP is an extremely valuable resource.

TLAP stays very busy day-to-day rendering professional clinical support to lawyers, judges, and law students. Eighty percent (80%) of TLAP’s case load is comprised of totally confidential cases that have no disciplinary involvement whatsoever.

It is also of note that TLAP has evolved clinically to meet new demands caused by a major shift in mental health challenges in the profession. At its inception back in 1999, TLAP was primarily focused on rendering help in alcoholism (and other drug use) cases, but now those cases are actually the smallest percentage of TLAP’s case load.

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Last year, only thirty-three percent (33%) of TLAP’s intake calls pertained to alcohol and/or drug use issues, while sixty-seven percent (67%) pertained to mental health issues such as depression, anxiety, compassion fatigue, financial distress, productivity issues, cognitive impairment, eating disorders, and other compulsive behaviors, etc.

These statistics reflect big changes in the types of mental health problems that the profession encounters. As these new challenges have evolved, TLAP adjusted to meet them. TLAP is now a totally comprehensive professional clinical support provider ready to assist with any type of mental health issue.

We all have theories as to why the profession’s mental health needs have shifted and intensified. For one thing, I always point to the profound downside of technological advances in terms of exponentially increasing the speed and sheer volume of information we receive. We now process a landslide of information on a daily basis in both the practice of law and in our personal lives. It is arguably the most profound change the profession has ever experienced.

The internet went live in 1991. By 1999 there were 400 million users online. Cell phones emerged in the 1990s. The first successful smartphone, the Apple iPhone, was introduced in 2007, only sixteen years ago. At about the same time, Facebook was being designed. Worldwide, six billion people now have a smartphone.

As lawyers we look at screens all day long, even checking work emails and texts at night. Also, after COVID and becoming skilled at working remotely, the norms of office hours and healthy boundaries between home and work have eroded. Some lawyers are not maintaining any healthy boundary between work life and home life. It’s a brave new world in many ways.

All that said, I am still very hopeful and excited about the evolving culture of wellness and well-being in the profession. Members of The Old Guard like me will age out. The young lawyers now have the advantage of a green light to openly embrace and promote self-care practices. They will still have their own special challenges. For example, can they ignore FOMO, use the off switch on smartphones and computers, and spend at least an hour offline each day?

While all of this plays out, one thing is certain: when a lawyer, judge, or law student is suffering from a mental health issue, TLAP will be here and is ready to provide confidential, highly-specialized professional clinical support. Call us at (615) 741-3238, email tlap@tncourts.gov, or visit us on the web at www.tlap.org. All communications are confidential as a matter of law.

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“The Prevalence of Substance Use And Other Mental Health Concerns Among American Attorneys”; PR Krill, R Johnson, L Albert - Journal of Addiction Medicine, 2016 (20% alcohol abuse rate and 30% Depression Rate) “The Path to Lawyer Well-Being Practical Recommendations for Positive Change” the ABA National Task Force on Lawyer Well-Being; B. Buchanan, J Coyle, et al, 2017

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THE YEAR IN WELLNESS As with many new projects, the Wellness Committee set its goals high for 2022, its inaugural year, and we learned much along the way. The Wellness Committee, ver. 2.0 for 2023 is a leaner version of last year. We discovered that the interests of the Knoxville Bar fell into three areas, rather than the half dozen that the committee initially identified. Those three areas are the Wellness Conference, Practicing Wellness, and Financial Wellness. Those three subcommittees have something for each one of us.

The Wellness Conference is set this year on September 15 with a health fair and an outstanding program which focuses on change. Financial Wellness has recognized that financial wellness changes as we go through the various stages of practice. Practicing Wellness has added a challenge for all of those competitive lawyers out there. Read on for details.

WELLNESS CONFERENCE SUBCOMMITEE Making Mental Health and Wellness Matter: Change is All Around Us Joy Radice Director of Clinical Programs Associate Professor

PRACTICING WELLNESS Friday Morning with Hannah & Joan

The 2023 KBA Wellness Conference – Making Mental Health and Wellness Matter – on September 15th offers lawyers a full day of resources including a morning health fair, a lunchtime walk with Jack Neely, and a wellness CLE program packed with information and tools to help us prioritize our well-being.

The morning KBA Health Fair – from 9 a.m. to noon – will bring together more than a dozen community resources addressing physical, emotional, and financial wellness. The onsite vendors will offer information about yoga, physical exercise, massage therapy, mental health treatment, cancer support groups, childcare resources, and financial wellbeing. The fair will also include a flu shot clinic with Mac’s Pharmacy and health screenings.

At 11:30 a.m., Jack Neely, author, historian, and founding director of the Knoxville History Project, will highlight local legal history as he leads a leisurely one-mile walk before the afternoon CLE sessions.

The three-hour dual credit CLE program beginning at 12:15 p.m. focuses on the theme “Change is All Around Us.” A change in perspective, mindset, habits, or a total change in life course can be a catalyst for improving lawyer wellbeing. Yet, each wellbeing journey is individualized and requires work to spark truly transformative change. This CLE program presents sessions focused on the expertise of professionals outside the law and the experiences of lawyers and judges to ignite that spark. The first session is a conversation with two psychologists, Professors Debora Baldwin and Andria Yates, who will explain how positive psychology can teach us how to live happier lives using psychological resources, like optimism. In the second session, U.S. Bankruptcy Judge Suzanne H. Bauknight will interview her mentor Steve Anderson who will talk about his radical decision to retire with his wife and sail the Mediterranean Sea. In the fourth session, Knox

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County Criminal Court Judges Hector Sanchez and Steven Sword will discuss the book Getting Things Done by David Allen, which explains how creating a system to get things accomplished can relieve stress and increase productivity. The final session, moderated by psychologist and burnout and high-performance coach Emily Heird, brings together four lawyers from different practice areas who decided to make real changes in their personal and professional lives that led to increased wellness.

The lawyers – Darrius Dixon, Lewis Thomason, P.C.; Tracy Edmundson, Egerton, McAfee, Armistead & Davis, P.C.; Luke Ihnen, Federal Defender Services; and Eboni James, Lyft Inc. ¬– will conclude the day with practical suggestions for overcoming obstacles and embracing change.

Because there is no one-size-fits-all approach to wellness, this conference offers a full day of resources and options for taking ownership over your wellness as you learn about the science of happiness, discover tools to slow down and reset, and consider how to navigate work and life in healthier ways. Don’t miss this opportunity on September 15th to think about what changes you can make to lead a happier, healthier life!

Joan: Hannah, I am so glad to be part of the Knoxville Bar Association Wellness Committee’s Practicing Wellness Subcommittee. The focus on finding and making time for wellness activities is so welcome! Identifying the right activities and scheduling them is a challenge.

Hannah: I agree! I like to take group HIIT classes at Orange Theory in Bearden and yoga classes at local studios. I am more likely to go if I schedule it in advance. When I get busy with work and life, taking time for wellness is often the first thing to slide down the priority list. I enjoy our weekly Friday morning walks at Lakeshore Park. They get me out of bed and outside before I get behind my desk.

I really want to incorporate regular meditation into my schedule.

Do you have a regular meditation practice? How do you incorporate meditation into your day?

Joan: Calendaring wellness (a possible oxymoron) is key. I also have enjoyed the Friday morning Lakeshore walks sponsored by our Practicing Wellness subcommittee! I have valued the renewed and evolved relationship I have been able to develop with you—from instructorstudent to bar colleague—which has increased my mental and emotional wellness while also launching my day with solid physical activity. Pure joy!

I calendar my meditation. I participate in online meditation groups hosted by the Mindfulness and Health Institute1 and the Mindfulness in Law Society,2 having discovered online mindfulness activities during the

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September 2023

COVER STORY pandemic. They have helped me to develop more regular and satisfying practices.

Overall, the Practicing Wellness subcommittee has given me hope that each of us can influence the wellness of others in many ways. I am proud of what we have accomplished. I hope you are, too.

Hannah: Yes, I am thrilled about everything we have done in the first two years of the committee. Our Tennis and Pickleball Tournament is a popular event, open to beginners and more experienced players. I have not played pickleball and am very rusty at tennis! How about you?

The Wellness Conference has become a staple KBA event to broaden the conversation on prioritizing wellbeing. I hope folks will plan to attend on September 15, 2023.

I also have valued our renewed relationship and sharing stories during our Friday walks. And I have enjoyed meeting new folks and spending time outside on the Tuesday evening walks at Lakeshore and Saturday hikes exploring local trails.

I am excited about the Wellness Committee’s “Healthy Bar Challenge” planned for October, in which members will track their physical activities like walking and yoga, mental activities like meditation, and financial wellness activities like creating a budget or making an estate plan. I will use the challenge to incorporate meditation into my schedule and focus on financial planning.

Do you plan to participate in the challenge?

Joan: My shoulder injuries took me away from tennis, and pickleball would be new to me (but I look forward to trying it). I will happily--and with competitive spirit! —participate in the Healthy Bar Challenge. I am easily motivated by games, data, and competition!

I appreciate the conversation, Hannah, and your leadership of the Wellness Committee. We are making strides in many directions. I am excited to see where all this goes next.

FINANCIAL WELLNESS Money on My Mind Brittany Dykes, Nestor Law, PLLC If someone ever tells you that they have never worried about money, they are either blessed to live a life most would dream of, or they are lying. I think if most of us were honest with ourselves, we probably don’t think about money enough, at least not in all the right ways. As an attorney who is considered a millennial, I grew up and watched the adults around me lose their homes in the crash of 2008. I exited law school in a job market that we were told would be tough, and they weren’t kidding.

I graduated with over $250,000 worth of student loan debt, that in 10+ years has ballooned with interest to well over $300,000. This brought myself and those around me right into the COVID-19 pandemic. Just a few years after I had braved the decision to open my own firm, the world shut down. Financial wellness has always been on my mind. Without hesitation, I joined the Financial Wellness Committee to own my mistakes, my experience, and hopefully share my story to help others.

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Despite having experienced so many various financial crises and barriers, I still have frequently seen the ongoing struggles and mistakes around me of those older and younger than me. I have watched senior attorneys close their doors to take government jobs because they never bothered to start a retirement account. I watch young attorneys struggle with low wages and try to find their footing to start their own gigs, amid record-breaking housing costs and inflation. The thought of saving money for most can be a dream.

The Financial Wellness Committee wants to help all attorneys, in any stage of their career, to seek out and find balance in financial wellness, develop a plan, and have the knowledge to do so without abandoning all logic. Not everyone can join the “FIRE Movement” and some of us may be running out of time. By gathering a committee of those who have all experienced very different financial paths and are in different places within their careers, the committee has been able to identify the different stages and struggles of financial wellness that we have all seen as attorneys and just as people. We each desire to share and focus on those personal experiences and knowledge that we have gained to help allow conversations about money and financial wellness to be had. For some generations, discussing money in public has been seen as taboo, but if we want to come together as a collective and help one another, these honest conversations must be had.

Join us at our Financial Wellness Programs: The New Lawyer Stage: “A Different Perspective on Building Wealth: Do It Yourself ”: October 11 at 5:30 pm at The Firefly, the outdoor patio at the Knoxville Hilton (following the Barristers monthly meeting).

Alicia Teubert, attorney with Anderson Busby PLLC and chair of the KBA’s Financial Wellness Subcommittee, will discuss how to build wealth on your own. Her discussion will include some of the basic steps to wealth building, some key principles to investing, and some of the factors that can impact your success.

Mid-Career Stage: September 20 at 12 noon on Zoom – KBA members Mario Azevedo, Caitlin Elledge, Cheryl Rice and Vanessa Samano will join Rusty Harmon of SmartBank to discuss the financial elements of owning and operating a small and/or solo practice, planning for retirement, and budgeting and cash flow. The program is sponsored by SmartBank.

Pre-Retirement/Retirement Stage – October 18 at 12 noon on Zoom. No matter how close or how far you are from retirement, you can take steps to better enjoy retirement in the future. Participate in a discussion on tips to develop a plan to make preparing for retirement more manageable. The program is sponsored by TCV Trust & Wealth Management and will be presented by KBA Member John Billings.

During each of these programs, we share mistakes, tips, and advice about how to think about money and your own financial wellness, so you keep money on your mind.

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https://mindfulnessandhealthinstitute.org/courses/community-mindfulnesssessions/ https://www.mindfulnessinlawsociety.org/virtual-sits

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SIMPLE THINGS By: Melissa B. Carrasco

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

ONE CAN Diet Dr1 Pepper first appeared on store shelves in 1962.2 It wasn’t the first sugar-free soda on the market. That was a lovely, ginger ale concoction called “No-Cal” invented by Hyman and Morris Kirsch, two brothers from Brooklyn.3 However, it was the first diet soda introduced by a major beverage company (Coca Cola’s “Tab” would appear on the market a year later), and it was also the one that would appear on the desk of a security guard, on a Friday afternoon, sixty-one years later.

Dr. Charles Courtice Alderton, the pharmacist who invented the Dr Pepper, also hailed from Brooklyn.4 Maybe Brooklyn water makes people want to invent carbonated beverages. But, by 1962, Dr. Alderton had been resting in the Oakwood Cemetery in Waco, Texas for over twenty years.5 Before he passed away, Dr. Alderton saw his recipe turned into a carbonated fountain drink, and then introduced to millions at the 1904 St. Louis World’s Fair.6 The original Dr Pepper was called the “King of Beverages,” and its trademark was “Old Doc,” with an image of a country doctor with a monocle and top hat.7 By the 1940s, common wisdom held that people needed a bit of sugar at 10:30 a.m., 2:30 p.m., and 4:30 p.m. to maintain their energy throughout the day, so Dr Pepper changed its advertising slogan to “Drink a bite to eat at 10, 2, and 4,” and sales soared.8 But, by the early 1960’s, the carbonated beverage industry began to recognize that there was a whole group of people who were unable to enjoy their beverages—people who could not ingest sugar. In fact, that was why the Kirsch brother invented No-Cal. It was a sugar-free, carbonated beverage developed for patients who were being treated for diabetes at the Jewish Sanitarium for Chronic Disease.9 And so, the flavor engineers and food scientists at Dr Pepper got to work on their formulas, inventing a drink they called “Dietetic Dr Pepper.”10 Someone in marketing must have realized that “Dietetic Dr Pepper” is too much of a tongue twister (please write to me if you are ever able to successfully weave it into your next oral argument and say it without sounding like a 5 year old), and changed the name to “Sugar Free Dr Pepper” and then again to “Diet Dr Pepper” in 1987.

That wasn’t marketing’s only win over the years. Some of their other slogans and advertising campaigns included -“America’s Most Misunderstood Soft Drink” (That may be pre-marketing.)

a little bit of a minefield. It takes some brainwork to get from office to elevator to lobby to a second elevator to parking garage to vehicle to exit to whichever direction of I-40 or I-275 or Kingston Pike or Middlebrook Pike or Chapman Highway will take you to your home or dinner plans or high school football game or whatever thing that you have been looking forward to.

On Fridays between 5 and 6 p.m., the building lobby looks like the Back-to-School section of Target on tax-free weekend. People are polite enough, but it is clear that everyone has an agenda and someplace to be – right now.

I was doing the same thing everyone else was doing—walking through the lobby, trying to get home. That is when I saw the Diet Dr Pepper. An attorney from one of the law firms in my building set a Diet Dr Pepper on the building security guard’s desk, said “Have a good one, Louie,” waved goodbye, and walked out the door.

It was a simple gesture—a way of acknowledging one of the simple things that helped us get through the week. Those of us who work in that building know Louie. He works second shift coming in mid-afternoon and staying until around midnight or later if necessary. He keeps an eye on the door, and he keeps an eye on us. If we have to work late, he makes sure we are OK. Once, he tracked me down to tell me that someone had hit my parked car and left without leaving his/her information. He managed to find a video that showed the license plate so that I had a fighting chance of reporting it. He just does simple things like that.

More than likely, you would know the lawyer that put the Diet Dr Pepper on Louie’s desk. I won’t use his name because he wouldn’t want anyone to know that I saw what he did. But, as someone who has had had more than one matter with this attorney, I can tell you that this is not the first time that he has done something simple and kind to make someone else’s life better. It won’t be the last, because he just does simple things like that.

Part of personal wellness is how we interact with the other human beings whose paths intersect with ours. Sometimes, ten seconds and a can of Diet Dr Pepper “Makes the world taste better,” as the marketing folks at Dr Pepper would say.

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“America’s Most Original Soft Drink” (See! Marketing) “I’m a pepper, you’re a pepper, wouldn’t you like to be a pepper too?” (Peppy!)

“Hold out for the out of the ordinary.” (Will do.)

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“You’re a part of me. I’m a part of you.” (90’s existentialism at work)

3 4

“Makes the world taste better.” (2001-post September 11th)

5

“Be you.”11

6 7

There is something about Dr Pepper and Diet Dr Pepper. It isn’t a cola. That issue was decided in 1963.12 It is unique, and Dr Pepper’s marketing department has done an excellent job. That is why I knew it was a Diet Dr Pepper as soon as that white and maroon can caught my eye.

It was around 5:45 on a Friday . . . time to wrap things up, get out of the office, and head home. Honestly, if it hasn’t gotten done by 5:45 on Friday, then it probably isn’t getting done before the weekend. For those of us who work in downtown Knoxville, Friday between 5 and 6 p.m. is

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There is no need to send me a letter about the missing period after “Dr.” The period was dropped from the name in the 1950’s . . . apparently because the marketing folks wanted to use an italicized font, which make “Dr.” look like “Di.” The moral of this story is simply this: punctuation and font choice are natural enemies. See Dr Pepper Museum, History, https://drpeppermuseum.com/history/, last visited July 30, 2023; see also Mary Bellis, ThoughtCo., The Early History of Dr Pepper (July 7, 2019), https://www.thoughtco.com/history-of-dr-pepper-4070939, last visited (July 30, 2023).

Trivial Pursuits, What was the First Diet Drink Introduced in the U.S.? (Feb. 15, 2019), https://www.plansponsor.com/trivial-pursuits-first-diet-drink-introduced-us/?layout=print, last visited July 30, 2023.

Id. Bellis, supra n. 1.

Find a Grave, Charles Courtice Alderson, https://www.findagrave.com/ memorial/7834189/charles-courtice-alderton, last visited July 30, 2023.

Dr Pepper Museum, supra n. 1.

Id. Id. Trivial Pursuits, supra n. 2.

Fandom, Dr. Pepper, https://the-soda-encyclopedia.fandom.com/wiki/Dr_ Pepper#:~:text=Varieties-,Dietary%20brands,Diet%20Dr%20Pepper%20in%20 1987, last visited July 30, 2023.

J. Razimus Hughston, King of Beverages (Oct. 29, 2007), https://www.barrypopik. com/index.php/new_york_city/entry/king_of_beverages_dr_pepper_slogan.

Tasting Table, The Texas Court Ruling that Helped Dr Pepper become a Household Name, https://www.tastingtable.com/1191462/the-texas-court-ruling-thathelped-dr-pepper-become-a-household-name/, last visited July 30, 2023.

September 2023

IN LIMINE: PROFILING FUTURE JDS By: Carol Anne Long

Interim Director, Career Center University of Tennessee College of Law

CALEB ATKINS

UNIVERSITY OF TENNESSEE COLLEGE OF LAW, CLASS OF 2025 I recently learned two very interesting facts about Ringgold, Georgia. One, the hymn “Leaning on the Everlasting Arms” was performed for the first time ever at the Old Stone Church in Ringgold, and two, it is the hometown of UT College of Law 2L, Caleb Atkins.

Caleb left Ringgold several years ago and moved north to Johnson City, Tennessee, where he attended East Tennessee State University. While at ETSU, Caleb distinguished himself by serving as both the Chief of Staff and the Secretary of State of the Student Government Association.

His academic prowess, which resulted in scholarships and eight straight semesters on the Dean’s List, served him well in his role as an academic tutor, and his leadership abilities led to his promotion to Manager of the ETSU Campus Recreation facility as a senior, after spending two years working for the facility. In addition, Caleb served as President of Reformed University Fellowship, served as a teaching assistant and orientation leader, and spent a year interning with the Sullivan County Public Defenders Office. ETSU was no doubt sorry to see Caleb go when he graduated magna cum laude in 2022 with a Bachelor’s of Business Administration from the Honors College in Economics, with a concentration in Financial Economics and a minor in Finance.

A number of factors contributed to Caleb’s decision to attend law school, but his internship with the Public Defenders Office sealed the deal for him. During his time there, he was able “to see the kind of good the attorneys and judges can do for people every day,” which inspired him to “not just pursue law school, but to passionately pursue justice for disenfranchised communities.” He chose to attend UT Law for several reasons: his love of East Tennessee and the Vols, his desire to live in Tennessee long-term, and his belief that UT Law “has a reputation for producing high-quality attorneys.”

Once he started at UT Law, Caleb wasted no time getting involved.

He serves as an Acquisitions Editor on the Tennessee Journal of Race, Gender, and Social Justice and a staff editor on the Tennessee Journal of Leadership, Law, and Policy. He’s a member of the National Trial Team and a Legal Process Fellow. He’s one of the founders of the UT Law Public Interest Coalition, and he will be serving as Treasurer. And he was elected to be the American Bar Association Representative for the 202324 school year.

As the ABA Representative, Caleb recently attended the ABA Annual Convention in Denver, where he was able to interact with other ABA reps and Student Bar Association presidents from law schools across the country. As amazing as that was, the opportunity to September 2023

network with attorneys and judges from all over the United States was “incredible,” and Caleb reports that every attorney he met went out of their way to connect with him and the other student attendees. Caleb likened the experience to the KBA events he has attended and “is a big reason why [he] would encourage law students to show up to as many bar association events as they possibly can!”

This past summer, Caleb served as a law clerk for the Legal Aid Society of Middle Tennessee and the Cumberlands, where he had the privilege of working with everything from the Low Income Tax Clinic to helping victims of domestic violence obtain Orders of Protection. These experiences solidified Caleb’s passion for pursuing a career in public interest law.

When asked to describe his dream job, he says that “it’s hard to say” because his dream is “to use the skills [he’s] gaining in law school to serve [his] community to the best of [his] abilities.” Caleb continues: I know I would love to be in public service on the civil side of things, but I could see that being at any number of places right now. I have a passion for public service because I’ve witnessed so much pain and suffering in the world, and I feel called to do what I can to be a small part of alleviating some of that to whatever degree I am able.

With what little spare time Caleb has, he enjoys spending time with his friends and family and decompressing with television comedies. At the moment, he’s rewatching “Parenthood,” which is a great escape from the rigors of law school.

When asked what he would want future employers to know about him, Caleb responded that he is an “incredibly hard worker” and that he does his best “to approach every day with a positive mindset and sense of gratitude.” Given Caleb’s positivity, mindset, and work history, it should come as no surprise that Caleb’s ultimate “why” for wanting to be an attorney is his desire “to help advocate for people who society tends to neglect.” East Tennessee is indeed fortunate that Caleb will be joining the bar in two years, because he will undoubtedly improve both our legal profession and the lives of his future clients. *Hiring Footnote* Recently, an employer asked our office why students included Knoxville Bar Association membership on their resume. If you see this designation on a student’s resume, they are not just using it as a spacefiller. They are showing you their interest in Knoxville and their intent to remain here after graduation. It’s true that membership is free for law students, but every student is not automatically “enrolled” in the KBA; they must choose to join and take the necessary steps to sign up. In addition to telegraphing their intent to stay in Knoxville, they are also demonstrating an interest in service to the Bar, which will serve both the student and their future employer very well.

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TOP TEN By: Courtney Read

Watson Roach Batson & Lauderback, PLC

TOP TEN TIPS FOR TRAIL RUNNING My primary outlet to relieve stress and combat the sedentary life of an attorney has always been running. As it was for everyone in 2020, COVID-19 changed life drastically. The usual races, fitness classes, social gatherings, trips, and concerts came to a halt. In need of something to occupy my free time, I decided to join my husband and attempt trail running. While I thought I would immediately be running through the mountains like Daniel Day-Lewis in the opening scenes of the 1992 classic, The Last of the Mohicans, trail running was more nuanced than I realized. With that being said, trail running is all-age friendly, as one’s joints are not taking a beating pounding pavement, going fast as possible at all times during the run. For those wanting to challenge their endurance or spice up their hiking game, below are my tips for trail running:

6. KNOW PROPER TRAIL ETIQUETTE. Yield to mountain bikers in either direction and faster trail runners coming behind you. As you are sharing the trial with others, in-ear headphones are discouraged.

If you do prefer to listen to music or podcasts, check out jaw bone conductor headphones (e.g., Shokz), which still allow you to be aware of your surroundings.

5. PROPER HYDRATION AND NUTRITION ARE KEY. Bring water and nutrition with you on a run. The worst thing is to discover that you are dehydrated and undernourished halfway through a trail run without a gas station or your vehicle in sight.

4. THERE ARE TRAILS IN KNOXVILLE’S BACKYARD. IC King, Sharps Ridge, Haw Ridge, Concord Park, House Mountain, and the Knoxville Urban Wilderness are all within 30 minutes or less of the Knoxville area.

10. LOOK AT THE GROUND IN FRONT OF YOU. Unlike road running, you will encounter roots, rocks, uneven terrain, and creatures (yes, snakes) on the trail. Tripping and sometimes falling is a part of trail running, no matter how elite of a trail runner you are. It is easy to become discouraged, but do not. It will get easier.

The goal is to scan the trail in front of you while also enjoying the scenery around you.

3. RUN A TRAIL IN FROZEN HEAD STATE PARK. East Tennessee is home to a famous ultramarathon called The Barkley Marathons. The race starts at the yellow gate in Frozen Head State Park and is primarily run off trail on private property in Morgan County. It is limited to 40 participants per year with only 17 finishers since 1986.1 To experience a tiny taste of the terrain that those runners encounter, power hike (which may turn into a slow walk/ trudge/crawl in one section) up Chimney Top to the Lookout Tower in Frozen Head State Park. Opt to take South Old Mac down for a more runnable trail.

9. YOU CAN AND SHOULD WALK. Unlike the school of thought with runners who compete in 5ks or marathons, walking/ power hiking is an essential part of trail running, particularly when doing a long distance run or hoping to finish a trail ultramarathon. Even Courtney Dauwalter, who became the first in history this year to win and set records in the same year at both Western States and Hard Rock (two 100-mile races), power hikes uphill at times, in order to conserve energy and take in nutrition.

8. TRAIL RUNNING SHOES ARE A MUST. Your normal running shoes will not cut it, as they are not meant to grip the terrain. Check out our locally owned running stores, The Long Run and Runners Market, to find a pair that suits you. The owners and employees of these stores will also have great recommendations for trails for you to attempt and educate you on other gear you may need.

7. TAKE A BUDDY WITH YOU. If you are new to trail running and/or new to the trail that you are running, having a buddy is essential for navigation and safety.

2. EXPLORE SOMEWHERE NEW. While I appreciate the Great Smoky Mountain National Park, trail running is an excuse to explore other trails in East Tennessee. If you have never been to Big South Fork or the Obed River area, it’s worth the trip.

1. SIGN UP FOR A RACE. Sign up for a local trail race through Knoxville Track Club or go big and find races across the country on ultrasignup.com. You will be surprised at the folks of all different shapes, sizes, and ages you will encounter in the trail running community. Most trail runners are keen to share their stories with you.

Hope to see you on the trail!

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To learn more about this race, check out the documentary: The Barkley Marathons: The Race that Eats Its Young.

September 2023

SCHOOLED IN ETHICS By: Alex B. Long

Williford Gragg Distinguished Professor of Law University of Tennessee College of Law

THE ROBOT LAWYERS ARE COMING: ARTIFICIAL INTELLIGENCE AND LEGAL ETHICS By now, you’ve probably heard that the Artificial Intelligence (AI) program ChatGPT not only passed the bar exam in an experiment conducted earlier this year but actually finished in the 90th percentile of all test takers.

You’ve also probably heard about the federal judge in New York who fined two lawyers for submitting a brief that contained fake quotes and fake case citations generated by ChatGPT.1 You may have also heard about the growing number of judges who have issued standing orders requiring lawyers and pro se litigants to file certificates declaring whether any portion of their filings has been drafted using generative AI tools and to identify the tool and the manner in which it was used.

By the time this article makes it to print, there will probably be some new development related to the use of AI in the practice of law that makes headlines.

Lawyers have been using AI for some time now. Examples of machine learning already in use in the legal field include natural language searching in online research, predictive coding in e-discovery, and evaluation of non-disclosure agreements to see if they comply with certain designated criteria. When I’ve discussed AI in continuing legal education courses, I’ve typically said that the legal profession is still a few years away from having to worry about robot lawyers taking the jobs of lawyers. I pointed out an experiment a few years ago where researchers assigned an AI tool the task of coming up with names for various paint colors that one might be buy at Lowes or Home Depot. The program came up with such unappealing and non-sensical names as “Snowbonk,” “Stanky Bean,” and “Sindis Poop.” So, I suggested, there were still some kinks that needed to be worked out.

But the fact that ChatGPT just passed the bar exam with flying colors suggests that a lot of those kinks have been worked out. The legal profession is quickly reaching the point where some understanding of how AI might be used in practice is going to become essential. At the same time, the fact that ChatGPT just randomly made up some cases while generating a brief to be submitted to a court also suggests that we aren’t ready yet to turn the robot lawyers loose in court.

When sanctioning the lawyers who submitted the brief containing the fictitious cases and quotes in the case of Mata v. Avianca, Inc., Judge P. Kevin Castel observed that “[t]echnological advances are commonplace and there is nothing inherently improper about using a reliable artificial intelligence tool for assistance.” “But,” Castel cautioned, “existing rules impose a gatekeeping role on attorneys to ensure the accuracy of their filings.” Below are a few of those existing rules that lawyers should be mindful of when incorporating AI into their practices and a few examples of how those rules may have been violated in the Mata case: •

Rule 1.1, Competence: Comment 8 to TRPC Rule 1.1 explains that in order [t]o maintain the requisite knowledge and skill” necessary to provide competent representation, “a lawyer should keep abreast of changes in the law and its practice, including the

benefits and risks associated with relevant technology.” When it was revealed in Mata that the plaintiff ’s brief contained bogus cites and quotes, one of the lawyers who had submitted the brief admitted that he “did not understand (ChatGPT) was not a search engine, but a generative language-processing tool.”2 In other words, the lawyer’s “defense” was that he did not understand the actual nature of the tool he was using.

Thus, he couldn’t properly understand the risks of relying upon that tool and probably failed to competently represent his client.

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Rule 1.1, Competence, Pt. 2: TRPC Rule 1.1 requires that a lawyer provide competent representation to a client and explains that competent representation “requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.” This duty requires that a lawyer conduct the legal research necessary to adequately represent a client. As the painful exchange below from the court transcripts demonstrates, the plaintiff ’s lawyer in Mata relied on ChatGPT exclusively to conduct legal research for the brief that was submitted: THE COURT: In your declaration in response to the order to show cause, didn’t you tell me that you used ChatGPT to supplement your research?

MR. SCHWARTZ: Yes. THE COURT: Well, what research was it supplementing?

MR. SCHWARTZ: Well, I had gone to Fastcase, and I was able to authenticate two of the cases through Fastcase that ChatGPT had given me. That was it.

THE COURT: But ChatGPT was not supplementing your research. It was your research, correct?

MR. SCHWARTZ: Correct. It became my last resort. So I guess that’s correct.

While it might be reasonable to rely on ChatGPT to generate some initial research leads or to supplement previous research conducted by the lawyer, the exclusive reliance on a research tool that is now known to sometimes generate fake research is unlikely to meet the standard of a competent practitioner.

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Rule 5.3, Supervision: TRPC Rule 5.3(b) imposes a duty of reasonable supervision on the part of a lawyer over the actions continued on page 22

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

September 2023

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Center. The cost is $150 for sponsoring, we need 4-5 volunteers to serve breakfast to approximately 30-40 individuals, and we’re typically finished by 7:30 a.m. It’s a great way to serve the community! Please contact either Matt Knable at (865) 381-9084 or Darrius Dixon at (865) 5464646 with any questions and/or about volunteering.

MONTHLY MEETING Plan now to attend the Barristers monthly meeting on Wednesday, September 13, starting at 5:15 pm at the 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 September 13 on the event calendar at www.knoxbar.org.

VETERANS LEGAL ADVICE CLINIC The Veterans’ Legal Advice Clinic is a joint project of the KBA/Barristers Access to Justice Committees, Legal Aid of East Tennessee, the Knox Co. Public Defender’s Community Law Office, the UT College of Law, LMU- Duncan School of Law, and the local Veterans Affairs office. This is a general advice and referral clinic which requires attorney volunteers for its continued operation. The next Veterans Legal Clinic will be held in person at the Knoxville Community Law Office on September 13, 2023.

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

BARRISTERS HUNGER AND POVERTY RELIEF COMMITTEE The Hunger and Poverty Relief Committee would like to thank everyone who attended and donated to our 5th Annual Brews for Backpacks event on July 25 at Xul Beer Co. We collected raised over $800 to purchase school supplies to donate to ChildHelp Foster Family Agency of East Tennessee! We would also like to thank our event sponsor, TCV Trust & Wealth Management, for helping make this event possible.

Address Changes

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

CONSTITUTION DAY Constitution Day 2023 will take place this upcoming September 8 and 15 at local elementary schools. Attorney volunteers are needed on each date to (1) speak with a local elementary school class about the Constitution on September 8, and (2) appear a week later on September 15 with a local judge to observe a class project related to the Constitution.

Interested volunteers should contact Richard Graves (rgraves@fmsllp. com) and Christine Knott (christineknott@knottlaw.org) with their availability on September 8 and 15.

LAWYERS LINK UP CHARITY GOLF TOURNAMENT The Barristers and the KBA are joining together to co-host the annual four-person scramble golf tournament on Monday, October 16, at the Tennessee National Golf Club. Revenue from the tournament goes directly to funding various charitable endeavors of the Barristers, including the efforts of the Hunger & Poverty Relief Committee.

Register online at www.knoxbar.org. Limited spots still available.

Sharon R. Clark BPR #: 016734 Sharon Clark Law, PLLC 920 Gallaher Rd., Suite A Knoxville, TN 37763-4220 Ph: (865) 968-7960 s.clark@clarklawtn.com

M. Patrick O’Neal BPR #: 034777 Gordon Rees Scully Mansukhani, LLP 4031 Aspen Grove Dr., Suite 290 Franklin, TN 37067-2951 Ph: (615) 772-9000 poneal@grsm.com

Leigh Cowden BPR #: 037968 Vermillion Law 9111 Cross Park Dr., Suite E111 Knoxville, TN 37923-4542 Ph: (865) 233-3353 LC@Vermillion.Law

Carlos A. Yunsan BPR #: 032450 U.T. College of Law 1505 W. Cumberland Ave. Knoxville, TN 37996-1810 Ph: (865) 974-2521 carlos.yunsan@utk.edu

Lily-Ana Fairweather BPR #: 040992 Office of Tennessee Attorney General 315 Deaderick St., 18th Fl. Nashville, TN 37238-3000 Ph: (405) 635-6871 lilyana.fairweather@ag.tn.gov

VOLUNTEER BREAKFAST COMMITTEE SEEKS SPONSORS AND VOLUNTEERS The Barristers need volunteers to sponsor breakfast or serve food on the 4th Thursday of each month at 6:15 a.m. at the Volunteer Ministry

S C H O O L E D I N E T H I C S , continued from page 21 of a non-lawyer assistant engaged by the lawyer. While the rule was drafted at a time when the term “non-lawyer” could only have applied to an actual human being, some have suggested that the term could cover generative AI tools. Blindly accepting as gospel the legal research of a non-lawyer as the lawyer in Mata did might not qualify as “reasonable supervision.” In addition, Rule 5.3(c) provides that a lawyer may be responsible for the misconduct of a non-lawyer where, inter alia, the lawyer knows of the misconduct and ratifies the misconduct. According to Judge Castel in the Mata case, one of the plaintiff ’s lawyers consciously avoided learning the fact that ChatGPT had created quotes and citations out of whole cloth.

This conscious ignorance, the judge explained, is the equivalent of actual knowledge of these facts.

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Rule 11 Sanctions/Rule 3.1: Finally, the judge in Mata found that the lawyers violated Rule 11 of the Federal Rules of Civil Procedure, which, of course, requires a lawyer to certify that, to the best of the lawyer’s knowledge, formed after a reasonable inquiry, the legal contentions contained in a court filing are warranted by existing law.” Similarly, TRPC Rule 3.1 prohibits

a lawyer from asserting an issue “unless after reasonable inquiry the lawyer has a basis in law and fact for doing so that is not frivolous.” Judge Castel found that one of the plaintiff ’s lawyers had violated Rule 11 “in not reading a single case” cited in the brief submitted to the court. The judge found that the other lawyer had also violated the rule when he consciously avoided learning the fact that the cases cited did not exist after learning of facts that alerted him to the high probability that the cases did not exist.

It’s certainly possible to incorporate the use of AI into one’s practice in an ethical manner. Indeed, in the not-too-distant future, it may be that in order to competently represent a client in some instances that the use of AI will be necessary. But the Mata case should serve as a cautionary tale for lawyers about the use of technology that one purports not to understand.

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You can read the opinion (Mata v. Avianca, Inc.) here: https://storage.courtlistener. com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.54.0_3.pdf Molly Bohanon, Judge Fines Two Lawyers For Using Fake Cases From ChatGPT, June 22, 2023, https://www.forbes.com/sites/mollybohannon/2023/06/22/judgefines-two-lawyers-for-using-fake-cases-from-chatgpt/?sh=113efd26516c

September 2023

OF LOCAL LORE & LAWYERS By: Joe Jarret, J.D., Ph.D. Attorney, University of Tennessee

TRIBAL LAW: LESSONS FROM THE CHEROKEE Introduction: Located about an hour away from Knoxville in Cherokee, North Carolina, the Eastern Band of Cherokee Indians1 were once part of a much larger Cherokee Nation population. However, when the Trail of Tears 2 was mandated, and forced removal and relocation were directed by the US government and then-President Andrew Jackson, the Cherokee Tribe became divided into what is known today as the Cherokee Nation and United Kituwah Band, located in Oklahoma, and the Eastern Band, made up of those who remained and rebuilt within North Carolina’s Qualla Boundary (sometimes called the Cherokee Indian Reservation).

This piece will explore the self-governing aspects of the Eastern Band of the Cherokee.

Governance: The Cherokee people are a sovereign nation with its own laws, elections, government, and institutions. Though it certainly has relationships with the United States federal government, the state of North Carolina, and the general population, they are, nevertheless, self-governed and autonomous. The Nation operates under a ratified Constitution with a tripartite government with executive, legislative and judicial branches. Services are administered under the Executive Branch through the Principal Chief and Deputy Principal Chief and their cabinet members. Laws are enacted by a 17-member legislative body, the Tribal Council.

Tribal Law: American Indian tribal law is distinct from federal American Indian law. While federal Indian laws govern the relationship between tribes and the federal and state governments, tribal laws cover the inner workings of specific tribes. Each tribe has its own laws and government, which are structured similarly to the federal three-branch system. For example, the Cherokee have an executive division, headed by a chief and a vice chief, a legislature division or 12-member Tribal council, and a judicial branch or Tribal court.

The Tribal Court is headed by a Chief Justice, two full-time Associate Judges, two Associate Appellate Justices, and numerous Temporary Judges/Justices, all of whom have been nominated by the Principal Chief and confirmed by the Tribal Council. Tribal judges must be attorneys licensed by, and in good standing with, the North Carolina State Bar. Tribal laws are developed by tribes or Indian nations and apply to their members and to individuals within tribal territories. The reach of tribal law beyond the Cherokee people was expanded by the Tribal Law & Order Act (TLOA), 3 which helps to address crime in tribal communities and places a strong emphasis on decreasing violence against women in their communities.

Ordinances: Like most governmental entities, the Cherokee are empowered to September 2023

enact various laws in the form of ordinances. Ordinances of the Eastern Band of the Cherokee are codified by the Municipal Codes Corporation, a service many attorneys rely upon when practicing municipal law. The ordinances of the Cherokee contain rules and regulations not unlike other public entities. Topics include: • Civil procedure • Taxation • Professions and occupations • Zoning/land use • Utilities • Judicial and Juvenile law, to name but a few Native American Graves Protection and Repatriation Act of 1990: One recurring legal issue of great importance to the Cherokee concerns the proper care and treatment of Cherokee skeletal remains and burial site preservation mentioned. Because of the looting and desecration of Indian gravesites, Native American peoples across the United States petitioned Congress to pass the Native American Graves Protection and Repatriation Act of 1990 (NAGPRA).4 Since 1990, federal law has provided for the repatriation and disposition of certain Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony. Currently, the University of Tennessee’s McClung Museum curates the remains of about 6000 prehistoric Native Americans that have been recovered during excavations by the Tennessee Valley Authority. The Museum’s staff work closely with the Cherokee to ensure repatriation of Native American Ancestral Remains and cultural items back to their proper cultural communities.

Conclusion: Despite some important distinctions, the Cherokee’s governing body generally acts as any other legislative body in creating laws, authorizing expenditures, appropriating funds, and conducting oversight of activities carried out by the chief executive and tribal government employees. What is unique, however, is the fact that the Cherokee nation has been selfgoverning long before Europeans, with their own notions of governance, set foot on Cherokee lands. To quote one tribal historian, “The Cherokee people have existed since time immemorial.” I for one am glad they exist today and are willing to share their rich, unique culture.

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The Cherokee people, according to my research, prefer the term “Indian.”

The Trail of Tears was an ethnic cleansing and forced displacement of approximately 60,000 people of the “Five Civilized Tribes” between 1830 and 1850 by the United States government.

25 U.S.C.: Indians; 42 U.S.C.: Public Health and Social Welfare The Native American Graves Protection and Repatriation Act, Pub. L. 101-601, 25 U.S.C. 3001 et seq., 104 Stat. 3048

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

WHERE’S MOM NOW THAT I NEED HER? Although it is still a year away for us, I’ve been reading with great interest Facebook posts from my friends who are sending their kids off to college. While some are living in the dorms at their schools, many are residing in apartments or cute little off-campus houses. It brings back fond memories for me, and one not-so-fond memory.

While in college, I actually lived at home. My first real foray into adulting didn’t happen until I was heading to law school. I had a great apartment and generally thought I was Queen of the World. My aunt had given me a book (which, some 33 years later, I still have) called “Where’s Mom Now that I Need Her?” The cover prominently featured a frying pan with smoke coming off of it, and the book was full of hints about nutrition, grocery shopping, laundry and clothing care, first aid, quick and easy recipes (like how to make spaghetti), and lots more. It became my “go-to” for a number of things that I had never cared to learn.

Prior to the second semester of law school, my cooking had been limited to microwaving Lean Cuisines. When my mom asked me what I was going to do for food, I was quick to tell her that I could live on Kudos bars, Lean Cuisines and Diet Coke for “the rest of my life.” During that first semester, I did just that, but also I included a healthy dose of eating out multiple times a week. At the end of the semester, my mom analyzed how much I had spent on food and issued a directive—“You’ve got to learn to cook.”

Thankfully, I had a good role model with my mom. Growing up, my mom’s favorite cookbook was “Best Recipes from the Backs of Boxes, Bottles, Cans, and Jars.” For Christmas that year, she gave me my own copy. I still have it. She told me that I, too, could prepare tasty meals that didn’t take a lot of time and would not leave me in debt. She was right.

My mother was the OG working mom. She worked in a hospital laboratory, kept our house running, drove us to cheerleading and whatever else we were doing, sewed cheerleading uniforms (and Barbie clothes and whatever else we could dream up) and always managed to have a hot meal on the table when my dad got home from UPS. We ate “salmon patties” made from canned tuna, and leftover mashed potatoes were fried into potato cakes. She was a master at improvisation, and she loved recipes from the backs of cans and boxes. She always said that companies were not going to put crappy recipes on the boxes and cans and risk losing customers.

My mom’s recipes were not generally gourmet dishes. She liked things that were easy to make and tasted good. She was a master with the use of cream cheese and cream of anything soup, and she could turn a roll of Ritz crackers into about 100 different meals. She did “quick and easy” really well, because that is all that she had time to do. And she was convinced that would work for me. It did.

If you have kids heading off to college (or if you are just looking

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for something easy but good), I’ll share my favorites from my law school days.

My favorite dish to make either came from a package of Crescent dinner rolls or a can of chicken—I’m not sure which, but both should claim it. I think the technical name for the dish is “Savory Crescent Chicken Squares,” but we just called them “Chicken Pockets.” They are easy and require very little work. To make, heat oven to 350. In a medium bowl, blend 1 package cream cheese (softened) and 2 TBS melted butter. Add two 5 oz. cans of chicken (boneless, skinless chicken breast), ¼ tsp salt, 1 TBS pepper, 2 TBS milk and 1 TBS chopped onion (dried ones are fine). Separate 1 tube of Crescent rolls into 4 squares and seal the perforations. Spoon ½ cup of the chicken/cheese mixture onto the center and pull the 4 corners together to the top center of the chicken/cheese mixture.

Place on ungreased cookie sheet. Brush tops with 1 TBS butter. Sprinkle with ¾ cup Ritz crackers, crumbled. Bake at 350 for 20-25 minutes or until golden brown.

I am also a fan of my mom’s “Easy Lasagna,” which really isn’t lasagna at all…but it is easy and really good. To prepare, brown one package of ground beef with a chopped onion. Add oregano and salt to taste. Boil 1 package of egg noodles, drain and pour into a baking dish.

Soften 1 package of cream cheese and mix with 1 small can of Carnation milk until blended well. Pour over the noodles. Top with ground beef mixture. Add 1 medium jar of spaghetti sauce. Top with 1 package shredded mozzarella cheese. Bake at 350 until bubbly, and cheese is melted.

As a law student, I often needed the comfort of chocolate. My favorite of my mom’s desserts from my childhood was called “Chocolate Heath Bar Trifle.” I just call it “Chocolate Sin.” Begin by preparing a family-sized box (18-20 oz) of brownies according to package directions and allow them to cool. Note: I like Ghiradelli chocolate chunk brownies. Prepare 1 (5.9 oz) package of instant chocolate pudding according to directions on box. Crumble half the brownies into the bottom of a trifle bowl. Top with crushed Heath bar (I use the packages of already-crushed in the baking aisle). Top with one-half of the pudding mixture, being sure to spread to the edges of the bowl. Top with half a container of Cool Whip (spreading to the edges of the bowl). Repeat the layer process with the remaining ingredients.

Top with additional chopped Heath bar. Refrigerate overnight. More than once, my law school roommate found me sitting in the kitchen floor eating this straight from the container. It is that good.

After the second semester, my mom was pleased with my spending, but she was even happier that I had actually learned to cook!

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September 2023

MANAGEMENT COUNSEL: LAW PRACTICE 101 By: Kristin Seabrook

Senior Vice President, Chief Legal Counsel and Secretary Pilot Company

SURVIVING IN-HOUSE LEGAL MANAGEMENT As the legal and business landscape becomes increasingly multifaceted (e.g., regulatory changes, pandemic consequences, artificial intelligence, to name a few), in-house legal departments have taken on greater complexity in their roles. In my experience, managing a legal department requires being nimble and open to change, having thick skin at times, and prioritizing the promotion and recognition of those around you. To accomplish this, there are certain must-haves every legal department should focus on first, and below is a list of just a few I have learned along the way. I hope my mistakes will guide your success!

Establishing Efficient Processes and Procedures. A critical role of any in-house legal department is knowing which active contracts are in place, which legal restrictions must be followed, and which landmines to avoid. This is possible only if the in-house legal department has established processes and procedures. If you are like me, our legal department has limited resources and technology challenges; after all, when you are a cost center, it requires a lot of maneuvering to take priority in the technology budget. Knowledge transfer has also been difficult as our legal department has grown in size and responsibilities. Most legal team members work hard to get their day job done and spend little time organizing files or following naming conventions. Often, I hear the frustration of new legal team members asking why a certain counterparty has three different files, is missing altogether, or is found under a different counterparty’s name. For the past two years, my team has worked hard to establish new and efficient processes and procedures. We are currently implementing a new contract management system with artificial intelligence capabilities, establishing contract playbooks, mandating naming conventions, and developing intake processes. We also participate in weekly meetings where each lawyer discusses the projects and contracts they completed that week. As a team, we constantly search for ways to improve, challenge one another, and look for better solutions. We continue this quest even as the business screams that we are creating “too much bureaucracy!” In the end, these processes save everyone time and headaches.

Effective Communication and Collaboration. Open and effective communication is crucial for the success of in-house legal departments.

Lawyers often play a pivotal role in facilitating communication within the legal team and among other departments (olive branch, anyone?). Regular team meetings, updates, and training sessions promote a collaborative

environment, ensure everyone is aligned with the organization’s goals, and enhance institutional understanding by disseminating legal and business knowledge. Nothing is more frustrating than when (1) you believe an issue has been resolved, only to discover a year later that the fix was never implemented, or (2) multiple team members in the company are completing the same work and needlessly duplicating efforts.

Collaborative communication allows for matters to be quickly solved while avoiding wasted time, and let’s not kid ourselves: it’s a great CYA. Prioritizing Mental Health and Well-being.

Prioritizing legal team members’ mental health and well-being is by far the most important item in-house legal departments can focus on. The stress and demands of legal work and home life can take a toll on individuals, leading to burnout, decreased productivity, and potentially harmful activity. To help mitigate these risks, my entire legal department works together to foster a supportive culture that encourages work-life balance, coverage of each other’s work so true vacations can be taken, opportunities for professional development, a listening ear when needed, and sometimes the right to punch the inflatable clown punching bag secretly hidden in the legal department’s closet. As a team, we work hard to have regular check-ins with each other, openly talk about mental health and available resources, and spend time together having fun (e.g., one Christmas, we each wrote down our worst three moments of the year – professional or personal – and had a bonfire).

Surviving in-house legal management is no small feat. It requires the finesse of a tightrope walker, a ninja’s agility, and a stand-up comedian’s wit. Remember to (1) arm yourself with an arsenal of efficient processes and procedures (as they are the secret weapons in your utility belt), (2) master the art of communication because, let’s face it, lawyers aren’t known for their brevity, (3) keep your own and your team’s mental health in check because sanity is a precious commodity in the legal world, and (4) surround yourself with people you enjoy being around who are also competent (yes, it is possible to have both). Finally, embrace the chaos, because in-house legal management is like riding a rollercoaster – you’ll scream, you’ll laugh, and sometimes you’ll question your life choices.

But hey, surviving in-house legal management is like braving the wildest adventure, so buckle up and enjoy the ride!

About this column: “The cobbler’s children have no shoes.” This old expression refers to the fact that a busy cobbler will be so busy making shoes for his customers that he has no time to make some for his own children. This syndrome can also apply to lawyers who are so busy providing good service to their clients that they neglect management issues in their own offices. The goal of this column is to provide timely information on management issues. If you have an idea for a future column, please contact Caitlyn Elam at 546-4646.

September 2023

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September 2023

WELL READ By: Beth Ford

CHANGE AND BECOME A BETTER LAWYER

FROM STRENGTH TO STRENGTH, BY ARTHUR BROOKS According to Benjamin Franklin “… in this world nothing can be said to be certain, except death and taxes.” It could easily be added to that saying that change is certain to happen.

Despite our best efforts to the contrary, we are all changing, particularly our mental abilities.

Do you think that you are at the top of your game, or at least moving to the top? After all, you are well-educated, you may have dozens of trials under your belt, and you may have practiced law for a decade or longer. I am sad to tell you that if you are older than 30, you are most likely no longer at the top of that part of our game that we may believe is essential to success. Several of the abilities that we associate with success have already begun to suffer.

Arthur Brooks’ book From Strength to Strength tells us in no uncertain terms that our mental abilities change as we age and that the second half of our lives begins earlier than we might think.

However, all is not lost. According to Brooks, who is a professor in both the Kennedy School at Harvard and the Harvard Business School, there are two curves of intelligence, fluid and crystallized. Fluid intelligence is associated with coming up with new ideas and/or solving hard problems, two skills that we need as lawyers. We may even think that those are the most important skills that a good lawyer might possess.

But there is a second kind of intelligence. Crystallized intelligence is the ability to use the information and knowledge that we have accumulated over our lives. While you will, unfortunately, not retain the same abilities to problem solve or to develop new ideas, you will continue to accumulate knowledge through your forties, fifties, sixties and beyond and be able to use it.

Dr. Brooks explains the concepts in detail with a sense of humor and with clarity. He draws on his personal experience of being a professional musician who peaked before he was 30 and who looked for an explanation as to why. Even though he continued to practice, he was getting worse instead of becoming better as an instrumentalist. After explaining the reasons for his “decline” with science and history, he gives practical tips for making transitions. He calls this “liminality,” or transition without crisis.

A friend recommended this book to me as I was struggling with the changes brought on by retirement. I was very afraid that the working September 2023

world would associate me with no longer being useful, and I needed to read something that would boost my self-esteem. I found the book to be very comforting, and I wish that I had been able to read it years ago. It has led me to several conclusions, one being that since attorneys spend a great deal of time explaining large amounts of accumulated knowledge to clients, judges, and juries, we are in a profession where we can take advantage of the type of change that Arthur Brooks describes well, well past our 30s, 40s, etc. However, we need to understand how to use our new skills. There is no reason to be glum about what might at first blush be a negative. We are changing, and we are changing for the better.

This is a very easy book to read or to listen to. The webpage about the book includes a book group guide which is, also, valuable to consult as the book is read. https://22723551.fs1.hubspotusercontent-na1.net/ hubfs/2272 It was very exciting to hear about Dr. Brooks’ next book. It will be released in September and is about happiness. He writes it with…drum roll…Oprah.

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

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

The Classifieds receive in excess of 8,000 page views each month so if you are looking for a job or a new position, make sure to check out this valuable resource.

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

22 KRAMER RAYSON ATTORNEYS NAMED TO CITYVIEW’S KNOXVILLE TOP ATTORNEYS Kramer Rayson is pleased to announce that twenty-two of the firm’s twenty-seven attorneys were recently named as Knoxville’s Top Attorneys in their areas of practice by their peers in CityView magazine. Additionally, seven of those were given CityView’s designation of Golden Gavel by receiving the top votes in their areas of practice.

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FREE CLASSIFIEDS AVAILABLE Did you know the Classified section on the KBA website allows you to add your resume if you are looking for a job or if you need to hire someone, you can post a job and search for candidates? Click on Public Resources and select “Career Classifieds” from the dropdown navigation.

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September 2023

BILL & PHIL’S GADGET OF THE MONTH By: Bill Ramsey Neal & Harwell

By: Phil Hampton

MICROSOFT WINDOWS 11 UPGRADES It’s been almost two years since Microsoft released Windows 11 and, while we were generally pleased with this new version when it was first released, subsequent updates have added even better functionality and new features that we like. A recent automatic update that was installed on our computer reminded us to go back and look at some of our favorite Windows updates over the past year.

preset zones on the desktop is a productivity enhancer for sure. With updates over the past year to this feature, we can now simply begin moving a window around on the screen and Windows automatically responds with a Snap Layouts template where we can drop the window we are moving into any of the preset zones. Optimizing the placement of your open windows on the desktop has never been easier.

Phone Link for iOS: Phil has used the excellent Windows Phone Link app to access his Samsung Galaxy Android phone directly from the Windows desktop. Whether responding to text messages, accessing photos on the phone, or even making calls, the Phone Link app on Windows has been a very convenient link between an Android smartphone and Windows. Up until a recent update, the Phone Link app did not support linking to iOS devices, much to Bill’s chagrin. The feature update from earlier this year now enables Bill to access his iPhone 14 directly from Windows.

While Windows 11 has officially been out for almost two years, adoption in the market has been slow. According to Statcounter (gs. statcounter.com), as of mid-2023, Windows 11 accounts for just 23% of all Windows installations. Windows 10 still dominates with over 70% market share. With the Win 11 updates that Microsoft has rolled out over the past 12 months, we believe it is prime time to go ahead and upgrade if you have not done so already.

Snipping Tool Screen Record: The Snipping Tool app (free Windows app) may be one of the most-used apps on any given week on our computer. We use it frequently to capture screengrabs, mark them up, and then paste into an e-mail or document. It is a wonderful tool that is simple to use, so we were excited to see a recent update added the ability to record a video of any portion of our screen that we designate. This feature is particularly useful if you are preparing a presentation and need to show a progression of screens, mouse clicks, or other screen movement.

The screen recording option creates a simple video that can be pasted into your presentation, e-mail, or document.

File Explorer Tabs: If you’re like us, you probably use (and maybe overuse) tabs on your favorite Internet browser extensively. You can have multiple Internet pages active in your browser and just access each page from its associated tab at the top. Somebody besides us must have asked the question, “if you can do this for Internet pages, why can’t you do it for file explorer pages?”. Microsoft had the answer with a recent update that enabled the ability to create file tabs in file explorer. With this handy feature, you can display the contents of multiple folders, each with its own tab, and can even copy and paste files between the different tabs with ease. This was a no-brainer update that should have happened a long time ago.

Alt-Tab Functionality: The Alt-Tab shortcut key is a very convenient way to switch the active window on your Windows desktop to one of the many application windows you may have open at any given time. When using Alt-Tab, it is also very nice if you can see all of the Internet.

Snap Layout Update: We absolutely love the Snap Layout options introduced in Windows 11. Being able to easily move windows into September 2023

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

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

NURTURE YOUR MENTAL HEALTH THROUGH PRO BONO WORK: A VITAL PRACTICE FOR ATTORNEYS In the high-pressure world of law, attorneys face constant challenges, long work hours, and difficult cases. Balancing the demands of clients and legal obligations, social and family responsibilities, and physical health is a constant challenge. Far too often, we neglect our mental and emotional well-being and in doing so risk burning out.

Professional burnout is characterized by symptoms of exhaustion, cynicism, and decreased efficacy and job satisfaction. Burnout can affect multiple aspects of a person’s life beyond just their job performance including mental and physical health, relationships, and overall wellbeing. However, a powerful solution is readily available: pro bono volunteer work. Beyond its community impact, pro bono volunteer work can significantly enhance the mental and emotional health of attorney volunteers and provide a renewed sense of professional satisfaction.

Alleviating Stress and Enhancing Mental Health Engaging in legal volunteer work offers attorneys a valuable avenue to alleviate stress. Participating in altruistic activities triggers the release of endorphins, which naturally reduce stress and anxiety.

A study published in the Journal of Health Psychology demonstrated that individuals who volunteered experienced decreased levels of depression and an overall improved sense of well-being. These findings are particularly significant for attorneys, who often grapple with the emotional strain of their profession.

Legal volunteer work also offers attorneys a chance to find purpose beyond their individual legal career. By connecting with causes and organizations that align with their values, attorneys can experience a renewed sense of significance and fulfillment. Volunteering at a clinic can provide the immediate satisfaction of directly and concretely addressing an individual’s legal problem in the moment. So many legal professionals engage in work that is drawn out over long periods of time, volunteering at a clinic provides a sense of immediate satisfaction and often positive feedback from relieved and grateful attendees.

Social Cohesion and Professional Networking Engaging in legal volunteer work not only benefits the community but also expands attorneys’ social circles. Interacting with diverse individuals beyond the legal realm exposes attorneys to new perspectives, ideas, and networks. This connectivity can lead to personal growth, offer support during challenging times, and even provide avenues for professional opportunities. Many of our legal clinics include partnerships with service providers and community support organizations like the YWCA of Knoxville and the Tennessee Valley, the McNabb Center, Blount County Library, churches, and senior living and support organizations. Volunteering at clinics or taking cases with LAET clients can provide you with the opportunity to interact directly with social workers, advocates, and community workers who can help broaden your social and community horizons and reaffirm community ties.

Research highlighted in the Journal of Social Service Research found that volunteers reported increased levels of social integration, emotional support, and overall life satisfaction. For attorneys, who often experience isolation due to the demands of their profession, the sense of belonging fostered by legal volunteer activities can be particularly impactful. More experienced, established attorneys can also volunteer to serve as a mentor or resource for newer volunteers. This is a wonderful way to not only

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nurture your community but your profession by helping new attorneys gain the skills and confidence to grow their practice and take on new areas of law both as volunteers and as professionals.

Skill Augmentation and Enhanced Resilience Legal volunteer work presents attorneys with opportunities to develop and refine their skills. Whether it’s communication, leadership, or problem-solving, engaging in legal practice outside the normal scope of your practice enhances adaptability and versatility. Furthermore, volunteering exposes attorneys to challenges that differ from those encountered in their daily work, fostering increased resilience and the ability to handle diverse situations.

A great way to take advantage of this aspect of pro bono volunteering is to pick an area of law that wholly differs from your dayto-day practice. Doing the same thing day after day inevitably becomes monotonous and can decrease your professional satisfaction. LAET has a wide range of pro bono cases that need placement for full representation ranging in scope from family law issues to probate, estate planning to bankruptcy. We also have an extensive collection of documents, pleadings, and other templates we can provide as well as links to training materials and professional mentors to support attorneys exploring new practice areas.

Conclusion In the legal profession, where stress and demanding responsibilities often take precedence, attorneys frequently neglect their mental wellbeing. Pro bono volunteer work not only benefits the community but also profoundly enhances the mental wellness of attorneys. Through stress alleviation, enhanced mental health, social cohesion, skill development, and increased resilience, legal volunteer activities offer attorneys a holistic approach to maintaining a balanced and healthy life. By engaging in pro bono volunteer work, both at clinics and through full case representation, attorneys can counteract stress, mitigate burnout, and regain a sense of purpose.

There are many ways to volunteer with the Pro Bono Project at Legal Aid of East Tennessee. Check out Pro Bono Matters on our website www.LAET.org to browse cases currently available for full representation, we update it regularly! Check out our upcoming events section to see clinics across our service area or check out the KBA’s website and emails for clinic opportunities in the Knoxville area. Finally, email or call me directly at ctorney@laet.org or 865-251-4951. We welcome all volunteers and are eager to find a way you can volunteer your time and skillset that works best for you!

Citations: 1. Musick, M. A., & Wilson, J. (2003). Volunteering and depression: The role of psychological and social resources in different age groups. Journal of Health and Social Behavior, 44(3), 368-382.

2. Thoits, P. A., & Hewitt, L. N. (2001). Volunteer work and well-being.

Journal of Health and Social Behavior, 42(2), 115-131.

3. Kim, J., Pai, M., & Kang, H. (2019). The impact of volunteering on social integration, emotional support, and life satisfaction among older adults: An analysis of the National Survey of Older Americans. Journal of Social Service Research, 45(2), 179-188.

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September 2023

TELL ME A STORY By: Mital D. Patel

Managing Partner, TriAmicus Law, PLLC

HARMONIOUSLY COEXIST I recall the earliest memories that unfolded within the confines of our London, England home, alongside my parents’ corner shop. Worklife balance was a foreign concept to my hardworking parents during those days. Our family’s dynamic seamlessly blended work, life, and the continuous growth of our family — all intertwined and operating around the clock, seven days a week. Every morning before I would leave for school, our shop had a constant flow of well-dressed professionals picking up a newspaper and caffeine to get through a day of what I perceived was important, life-changing work. I vowed then I was going to do the same; I was going to be a barrister and change lives rather than manage a business 24/7.

When I turned eleven, we left our life in London and moved to a small town in Mississippi. The morning paper routes I once shared with my mother transitioned into our roles behind the welcoming front desk of the motel my parents had acquired. To say that I grew up in a family business would be an understatement—it was the very essence that shaped my upbringing, intertwining it with lessons of resilience, adaptability, and a profound sense of community. My view of business ownership shifted during that time, as I witnessed my parents’ sacrifices and diligent efforts culminate into well-deserved autonomy and success.

These experiences instilled in me a deep appreciation for the complex nature of life, where work and personal spheres can seamlessly coexist. They nurtured my understanding of the balance required to create a fulfilling existence, and sparked a desire within me to explore how I could balance my aspirations to be an attorney, an entrepreneur, and have a family. I graduated from law school in May 2007, and was presented with the opportunity to “hang out my own shingle” at a general practice firm. This experience was the perfect amount of autonomy and mentorship I needed as a young eager attorney. I was quickly able to expand practice areas, utilize my business background to accelerate the firm’s growth and began making impactful changes in the lives of the clients that entrusted me with their cases. I think the younger version of myself that aspired to be a barrister would have been proud, but I knew my growth mindset wouldn’t allow me to stop.

Six months into practicing I invested in my first piece of real estate. Luckily, that was just the beginning and very quickly I found myself balancing my time between my growing law practice, acquiring, managing, and flipping real estate and hospitality businesses, and raising my young children. Although the lessons of hard work, dedication, and the insights gained from watching a business built from the ground up when I was younger were helping me get through, I knew I would need to do things differently to sustain this type of growth.

In 2019, as a single mother to two young children, I found myself reevaluating the goals for my professional future. We have all heard the September 2023

saying that “if you want to go fast, go alone, but if you want to go far, go together.” I knew finding the right partner and team was crucial going forward for the personal and professional growth I desired. I engaged in discussions with my dear friend and colleague, Julie D. Eisenhower.

Inspired by our shared values and vision, we took a leap of faith, investing in our own practice that would bring these ideas to fruition.

Our hope was to cultivate an innovative practice centered around client empowerment, education, and diligent and holistic representation.

It was actually Julie that then refocused my attention from the general practice areas to mainly business law and civil litigation.

She encouraged me to utilize the years of firsthand experience as a business proprietor to provide my business clients with not only sound legal advice and representation, but also with invaluable insights all new, small or mid-size business owners need. By synergizing my entrepreneurial background with my legal education and experience, I’ve uniquely positioned myself to cater to fellow business owners, comprehending their challenges firsthand and providing nuanced legal solutions that stand as a testament to my distinctive approach in a conscious effort to set myself apart in this area.

However, starting a new firm did not come without its own challenges. As Julie and I were building our practice, I decided to purchase a property that would become the office space for our firm, but first there would be significant renovations. I was certain that by Summer 2020, we would be in a newly renovated office space. Instead, we were hit with a global pandemic and within months of starting the new firm, I found myself home-schooling my children, representing the same number of clients now without an office or support staff, and with the added role of managing a renovation project that would rival some of the HGTV horror stories. Luckily, I gave myself the same pep talk I give my children, keep your eye on your goals, work hard, and push through the setbacks.

By the end of 2020, we started seeing the light at the end of the tunnel and an integral person in our journey joined our practice as our office manager/paralegal, Sherri Miljenovic. The backbone of any successful law firm rests upon the invaluable contributions of its support staff and managers. Sherri’s educational accomplishments and work samples were exceptional, but after home-schooling six children, and then obtaining her degree and advanced certifications, she did not have the work experience that firms required. Julie and I interviewed her and were in awe of her passion, diligence, and self-motivated edge. My business experience taught me that passion and potential combined with our guidance would be more than enough to trump the work experience requirement. Proud to say we have not looked back and with all the growing pains we continue to navigate and allow our work life, businesses, and personal lives to harmoniously coexist.

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