Memphis Lawyer Volume 41, Issue #1

the magazine of the Memphis Bar Association | Volume 41 • Issue 1 • 2024

MENTAL HEALTH COURT: Judge Sheila Bruce-Renfroe Discusses Division Nine’s Specialized Court THIS ISSUE:

Memphis Bar Association Memorial Service Remarks The Value of Varied Practice

Wellness Corner: How to Stress Less

Memphis Bar Foundation Fellows Induction Ceremony & Grant Awards

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Volume 41 • Issue 1 • 2024

FEATURES 6 Mental Health Court: Judge Sheila Bruce-Renfroe Discusses

Division Nine’s Specialized Court

INTERVIEW BY JUDICIAL COMMISSIONER SHAYLA PURIFOY

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Memphis Bar Association Memorial Service Remarks

16 The Value of Varied Practice

BY JUDGE VALERIE L. SMITH

18 Memphis Bar Foundation Inducts New Fellows, Awards

Grants to Local Organizations, and Provides Scholarships to Law Students

22 The Bankruptcy Court in West Tennessee

BY U.S. CHIEF BANKRUPTCY JUDGE JENNIE D. LATTA, J.D., PH.D.

COLUMNS 5 President's Column

BY ADAM JOHNSON

26

Wellness Corner: How to Stress Less

BY NICOLE M. GRIDA

28 Community Legal Center: Celebrating 30 Years of Justice

With the Community Legal Center

BY DIANA M. COMES, ESQ.

30-31

Bar Scene

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People in the News

2024 MBA Officers

MEMPHIS LAWYER the magazine of the Memphis Bar Association

Memphis Bar Association Publications Committee Nicole M. Grida, Chair Audrey Calkins, Vice Chair Magistrate Terre Fratesi Maureen Holland Taylor Flake Lawson

Adam Johnson President Nahon, Saharovich & Trotz

Lauren Stimac Vice President Glassman, Wyatt, Tuttle & Cox

Marlinee Iverson Secretary/Treasurer Shelby County Attorney's Office

Jennifer Sink Past President MLGW

2024 Board of Directors

The Memphis Lawyer is a quarterly publication of the Memphis Bar Association, Inc. with a circulation of 2,000. If you are interested in submitting an article for publication or advertising in an upcoming issue, contact info@memphisbar.org. The MBA reserves the right to reject any advertisement or article submitted for publication.

Donald Babineaux Taurus Bailey Preston Battle Audrey Calkins Amber Floyd Malcolm Futhey III Jack Heflin Justin Joy Lani Lester Matt May Joseph McKinney Hon. Danielle Mitchell Ruchee Patel Will Perry

Abigail Webb Sala Hon. Zayid Saleem Joseph Smith Maggie Stringer Quinton Thompson Councilwoman Janika White Section Representative Laurie Christensen Anne Davis Thomas Greer Chasity Grice Dan Norwood Toni Parker

AWA Representative Eliza Jones Law School Representative Regina Hillman NBA Representative Carlissa Shaw YLD President Jeffrey Moore

MBA STAFF

Mary Ann Upchurch

The Memphis Bar Association 145 Court Ave. Suite 301 Memphis, TN 38103 Phone: (901) 527-3573 www.memphisbar.org

Executive Director

Jan Reisman

Membership & CLE Director

Kelly Swan

Communications Director

Lauren Gooch Project Manager

PRESIDENT'S COLUMN

BY ADAM JOHNSON, MBA 2024 PRESIDENT

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ood grief, what a spring for the Memphis legal community. Beginning in September and despite the best efforts of the MBA, Shelby County will be losing both a Criminal and Civil Circuit Court judge as those judgeships are moved to other counties in Tennessee. Additionally, Legal Services Corporation informed Memphis Area Legal Services (MALS) that it would not provide any federal funding after June 30, 2024. Memphis as a city is being tested in lots of different ways, and the legal community is no exception.

But to paraphrase Uncle Ben, with great change comes great opportunity. We are a resilient city, and these challenges provide us with a chance to transform into something greater as we work to find solutions. We need to stand together and fight for our community, and there are a plethora of ways for you to contribute. Consider donating your time, expertise, money, or even serving on a committee. Together, we can meet these challenges and become stronger because of them!

provide an expungement clinic for the community with more clinics to follow. Please consider volunteering your time as we can definitely use your help!

Lastly, please mark your calendars and register for the Judicial Golf Around at TopGolf Memphis on Thursday, June 27, 2024 following a CLE at 4:00 p.m.

Don’t worry if you’re bad at golf…you can join the club.

Feel free to use that pun if you’d like. And on Monday, August 15, 2024, we will be cutting the ribbon for the exhibit at the MoSH (formerly the Pink Palace Museum) that highlights the history of the legal community in Memphis. You do not want to miss this one, so please be on the lookout for more details! 

On a brighter note, the MBA continues to work collaboratively with other legal organizations in the city.

For example, earlier this year the MBA, the Ben F. Jones Chapter of the National Bar Association, and Just City put on a joint CLE at the Civil Rights Museum that took an in depth look at the impact of mass incarceration both from a legal and personal perspective. Recently, the EEOC General Counsel, Karla Gilbride, visited Memphis and spoke at the law school as part of a CLE on the 60th anniversary of Title VII of the Civil Rights Act of 1964, another joint effort with the Ben F. Jones Chapter. I encourage you to watch both programs on the On-Demand Library on the MBA website, as they were fantastic. The MBA also worked with Shelby County Commissioner Charlie Caswell, Jr. in early May to 5

Mental Health Court:

Judge Sheila Bruce-Renfroe Discusses Division Nine’s Specialized Court

INTERVIEW BY JUDICIAL COMMISSIONER SHAYLA PURIFOY

With the talk of a brand-new Shelby County Mental Health facility and many questions about the current state of public safety, there has been an increased interest in our criminal court system, specifically, the resources available to defendants and accountability. Judicial Commissioner and past MBA Board Member Shayla Purifoy observed Mental Health Court (MHC) and then sat down with Judge Renfroe to discuss how MHC supports the community, the people who participate in the programs available, and mental health in the legal community in general.

Q: Could you tell us a bit about your background?

I was born and raised in Holly Springs, Mississippi.

I attended college there at Rust College, a family tradition. My father worked at the college for over fifty years, my mother worked in the public school system there for over forty years. We lived on campus at Rust, in a home my father and his brothers built from the ground up, until I was about ten years old. Rust College is supported by the United Methodist Church. My family, as well as most of the staff at Rust, also attended the same church, Asbury United Methodist Church. It was a tight knit community, and I remain grateful for it.

After college, I began working at an insurance company as a claim representative and became interested in the practice of law from my daily interaction with lawyers. I graduated from the Cecil C. Humphreys School of Law, and began practicing law at Renfroe, Bruce, and McFarland, PLLC. There, I was exposed to many areas of practice,; but I quickly excelled as a defender on the General Sessions and Probate Mental Health Panels. It became a passion.

I began my solo practice in 2007, continued working on those panels, became a member of the Juvenile Defender Panel, and then a lead attorney on the Juvenile Defender Panel. Over time, I was referred 6

cases to represent juveniles with mental health issues regularly. I first ran for office in 2014, advocating for change in the mental health commitment process. I was unsuccessful, but continued to work to make a change in the way Shelby County perceives and supports citizens struggling with unmet mental health needs who find themselves in the criminal justice system. I was successful with my bid for judicial office in 2022 for Shelby County General Sessions Division 9, which is known as the Mental Health Court.

Q: How did you develop a passion for Mental Health Court?

My granduncle was drafted in the U.S. Army to serve his country in WWII. He returned with a mental health illness that had been latent. He came to live with my family when I was twelve years old. I remember spending countless hours at the Veterans Affairs hospital for his treatment. On some occasions, it took days just to obtain a prescription refill. I saw then the negative perception of the mentally ill and how they were treated, and as I observed this over the years, I thought there must be a better way to bring dignity and change the stigma of this illness. When I worked on the Mental Health Defender Panels, I found that assisting mentally ill patients in becoming healthy and productive is the best outcome for them and our community.

Q: What is the typical docket like for Mental Health Court (specifically the length and types of cases)?

How are cases screened and referred to Mental Health Court?

The Mental Health Court team consists of the Judge, the Prosecutor, the Public Defenders, the Mental Health Court Deputy Administrator, a manager, and case coordinators. The participant must have a diagnosis of “a persistent Mental Health Illness” that requires medication management and treatment.

Participants have non-violent misdemeanor charges or plead down to the same on a Conditional Plea of Guilt.

No sexual or violent offenses may be considered for this program. A referral to Mental Health Court can come from anyone.

Q: Who mandates Best Practices and where can they be located?

The State of Tennessee Department of Mental Health and Substance Abuse Services provides grants for the recovery courts. They mandate Best Practices.

They can be found online at TN.gov.

Q: Along with the other statutorily required considerations, how does the mental health of the person impact the bond setting process when you are determining an appropriate bond?

As stated, participants are initially on special release, on their own recognizance. However, if a participant is deemed non-compliant with their participation

This is a pre-trial disposition. Participants are on a Special Release, on their own recognizance, and under a participant performance contract. The participation contract consists of their treatment plan, program rules, and conditions. If a participant is non-compliant, they are subject to sanctions. We discuss new referrals, and the status of participants in the program. The team discusses treatment plans and compliance, but the court makes final determinations based on the recommendations of the team. Mental Health Court is at 1:00 pm on Thursdays. Participants are praised for all compliance and the court makes rulings on sanctions, if needed. Best Practices set out a recommended amount of time the court should spend with each participant and we adhere to those mandates.

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contract, a warrant is immediately issued, and no bond is set until the participant appears before the judge. The performance contracts are case specific to the participant to ensure their individual needs are addressed.

Q: How are mental health assessments completed and when are they used? How do mental health assessments impact the disposition of a case or future trial?

Mental health assessments are required to enter the program. They are usually initially completed in jail. If the participant is not in jail, they are referred to a community provider. Next, the MHC team will conduct an assessment for placement. The treatment facility can also conduct an assessment. Assessments are used for initial diagnosis, and for treatment purposes, Because these are Conditional Pleas, the disposition has been determined if a participant is not successful in the program.

Q: In MHC there is often a mention of different “phases.” Could you explain what that means?

MHC has four phases: Phase One is focused on: Orientation, Understanding, and Engagement. The Court reviews the participation contract and the program rules with the participant so they have a clear understanding of what is expected. Approximately 70-90% of defendants in Mental Health Court have issues with addiction.

Engagement includes treatment for addiction issues.

Phase Two is the Intensive Treatment Phase.

Phase Three is Community Transition.

Phase Four: is Maintenance, with Aftercare in place and the training wheels off!

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The average participant who embraces the program completes it in 9 to 18 months.

Q: What are some of the resources and programs not routinely available which are available in this court?

Participants receive coordinated monitoring for success by the team, access to community partners, and expungement of the criminal charge from their record upon completion of the program.

Q: What is “Judicare”?

Judicare is a program that began with Veterans’ Court. We can now have MHC participants in Judicare.

Judicare has transitional housing and community based residential facilities that provide 24-hour services along with supervised drug and alcohol-free, ensuring a Sober Living environment for people who have substance abuse issues.

Q: What changes to Mental Health Court have you implemented since taking the bench?

Organization and accountability are the most important changes. I have helped grow relationships with the community to obtain a treatment facility, and increased resources for participants.

Q: Some of the alternatives in your courtroom are community service or writing a pertinent essay.

With literacy being an issue in Shelby County, what other options do you have for someone where writing an essay is more appropriate, but the person has literacy considerations?

We had a participant create a storyboard and explain it in court. It was one of the best presentations we ever had.

Q: How do people receive psychological, psychiatric therapy, and medical treatment when incarcerated?

Some are in denial about their illness mostly because of the stigma that goes with mental health. Others stumble because when they feel better, they believe they are cured, and a few believe it’s just a ticket out of jail.

This court seeks those individuals who are looking for a lifestyle change. We believe encouraging healthy and productive life choices ultimately will quell recidivism.

Q: What is the Mental Health Program and how often can people graduate from the Mental Health Program?

Some have repeated the program as many as three times. There is currently no limit. The Assistant District Attorney reviews offenses for re-entry.

Q: Are there follow up or status updates for graduates?

We connect graduates with community partners for all their needs prior to graduation. Graduates can also contact us if help is needed.

Q: Can you tell us generally about one or two of your most successful outcomes?

Each graduate is a success story. Just watching each participant fight to get their lives back on track, stay sober, reconnect with family, or obtain gainful employment. They are miraculous.

Q: Tell us what you know about the new Shelby County Mental Health facility?

I do know that soon after taking the bench in August 2022, the Mayor’s team met with the recovery court judges, which in addition to Mental Health Court include Veterans Court (Division 7) and Drug Court (Division 8) about a grant for a pilot program for participant in-patient treatment in our courts.

The Mayor’s team asked what the greatest need of the recovery courts is, and we replied, “a county-run treatment facility”. Since then, your recovery court judges have worked nonstop with representatives on the local, state, and federal levels to make that request a reality to serve Shelby County.

Q: How will this change how cases are handled in your courtroom?

Now, we do not have control over who is admitted into a program. Sometimes we must allow people to participate in programs outside of this jurisdiction because Shelby County does not have adequate facilities to treat participants. If a county-runtreatment facility is obtained, we will have more options to serve our participants and presumably more control over who is admitted into a program. If a participant needs treatment but is not acute, according to hospital admissions staff, I do not want the only option for the MHC to be jail. Some facilities here will not accept participants with certain charges, or diagnoses. This also limits participation. That is currently our reality.

Q: How do you anticipate this facility will impact the re-arrest rate for persons with mental health considerations?

I believe, if the county-run facility is obtained, rearrest will decrease significantly. If the court has notice, the court can order the participant back into treatment for stabilization before the arrest occurs or expedite recovery when an arrest occurs.

Q: Are there any other facilities or programs you would like to see happen in Shelby County which could assist Mental Health Court and or impact public safety?

Two key issues for those struggling with mental illness are housing and employment. More housing for the disabled, both permanent and transitional living 9

the judiciary may encounter routinely, which may negatively impact mental health?

I am the only African American female in General Sessions Court Criminal Court. I have done what was necessary to be heard. I make sure to decompress daily.

facilities, would help MHC. Additionally, job programs for those participants whose mental health issues do not prevent them from maintaining employment would aid our efforts. These are two key areas most mental health consumers have limited access to.

Q: What are some common misconceptions you encounter regarding Mental Health Court?

The most common misconception was that there is no accountability; now there is.

Mental Health in the legal community Q: We often hear about how lonely it can be as a member of the judiciary. What do you do to practice self-care as a member of the judiciary?

I was told that too. Life as an elected official is a new experience. Before, old clients would often approach me in public, now it is the public at large who approaches.

I still have the same friends I have had for decades. My friends and family help me find balance.

Q: What advice would you give other lawyers and judges about their own self-care and mental health while dealing with and hearing cases which may encourage compassion fatigue and mental health concerns?

Tough question. My experience since taking the bench has likely differed greatly from most. Have trusted friends, and mentors you can rely on for the pivots and shifts. Remember to take breaks and be available for what and who is important. Decompress daily.

Q: How do you decompress from daily stressors?

Cooking and bubble baths.

Q: Can you talk about some of the additional challenges female African American members of 10

Q: Have you noticed a shift in lawyers practicing since the pandemic started?

There has been a definite shift in the practice of law since the pandemic. I was practicing at Juvenile Court then; we were on Zoom. Being out of court never affected my work ethic, however, for many it did and still does.

Q: There have been more courses like yoga approved for CLE credit to address self-care and mental health concerns while practicing law. What type of CLE programming would you like to see more of in the future?

I am not twisty enough for yoga, but courses on different techniques to reduce stress would be great. I have attended at least one in the past.

Q: Is there a message you would like to share with the bar or any information we did not cover, that you would like to share with us now?

Please support the Mental Health Court with referrals and share this resource with your colleagues. 

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Memphis Bar Association

Memorial Service Remarks

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These remarks were given by Judge Thomas L. Parker during the Memphis Bar Association’s Annual Memorial Service held on April 11, 2024. They are re-printed here with his permission.

ood Afternoon. As a young lawyer, I started coming here to Calvary Episcopal Church and it remains my church home. During Lent, we hold a preaching series along with our Waffle Shop. In recent years Irish Poet and scholar, Padraig O’Tuama has come to share his message. Today we are here to pay tribute to lawyers who have died but we also celebrate the lives they lived.

In his book Being Here, O’Tuama offers this meditation about living well: Turning to the Day and to each other We Open ourselves to the day and each other.

This is the day that the Lord has made and a day we’ll have to make our way through.

Whether with ease or pain with patience or joy May we find opportunities for generosity toward others and ourselves.

May we find moments of encounter even in isolation.

May we find stories and memories even in the most complicated corners.

May we start again where we have failed again.

May we confess and be confessed to.

Because this is a way of living that’s worth living daily.

One of the distinctive qualities of the Episcopal faith tradition is that it embraces mystery. We Episcopalians don’t profess to have all the answers. We do however have many opinions and beliefs. And so this faith community can embrace many opinions without breaking apart – in fact our multiple beliefs bring us together. Of course, our Justice System also holds and embraces adverse points of view without breaking apart. Indeed more and more it seems that our adversarial system of justice is holding together the fabric of our fragile democracy.

It is fitting therefore that we gather here to honor the members of our legal community – whom we have lost since we gathered last.

This year, the Memphis Bar Association celebrates its 150th anniversary. By comparison, the American 12

Bar Association is 4 years younger. Our culture runs deep. Today in this sanctuary, we continue a tradition of the Memphis bar that dates back many decades if not over a century. That is when a lawyer would die, other lawyers who practiced with or had cases against them would come together to remember, to honor them and to celebrate their lives. Years ago, lawyers gathered in a Courtroom right across the street and went on the record in open court. They told war stories and celebrated their friends and adversaries. But as our numbers grew, we moved here for this service.

For 35 years, I have been a Memphis Lawyer. With very few exceptions, I have spent my whole career in Downtown Memphis handling cases in Courtrooms down here. I can’t really speak to what it's like to practice law in other communities but when I hear about the lack of civility among lawyers my first thought is - That’s not Memphis. Not my experience here. I have loved being a Memphis lawyer. The tradition of Memphis lawyering is to battle fiercely in court or negotiate hard for our clients but in the end, we lawyers are friends.

Memphis lawyers look each other in the eye and rarely hold grudges. This is because we know what it’s like to be on the other side. As Shakespeare said of lawyers – they “strove mightily but ate and drank as friends.” Or as former Senator Howard Baker, an outstanding lawyer in his own right, learned from his father: we “should go through life always working under the assumption that the other fellow may be right. He may be wrong, but you should listen to him and have a healthy respect for his point of view.”

Some say Memphis is a big, small town. Well our community of lawyers is smaller still. We know each other.

And so, when we lose someone, we feel it. Our common fabric is torn. David Brooks describes Community this way: “a community is a bunch of people looking after each other, seeing each other deeply, taking the time to really enter into a relationship with each other, to depend

upon one another, to buttress each other’s stories, and to buttress each other’s behavior.” The Memphis Legal Community is just that – a community.

Each year, in this service we read from Micah 6 in which he sums up God’s call to each of us and how we should live daily – “What Does the Lord require of you but to Do Justice, Love Mercy and Walk Humbly with your God?” Society may be quick to use lawyers as the punchline of jokes but when someone stands accused, most often the only person willing to stand with them is their lawyer.

Today we honor the lawyers who carried on the tradition of what I call Memphis lawyering – they sought justice, but they walked humbly. They taught us how to practice law the right way. As I look at today’s list – between Waring Cox and Baker Donelson – I had the privilege of working in the same law firm with 6 of these fine lawyers.

In fact, Louis Allen gave me my first job – he hired me out of law school. I carried his briefcase for 6 amazing years.

Louis was the epitome of what I am talking about. He knew that every case could settle but if the parties wanted a trial – well that’s what we do. He taught me so many lessons, I can’t list them all. For that relationship I am so grateful. As much as I’d like to, if I started telling stories about all of the lawyers on our list, we’d be here all day.

Because of their lives, lived humbly, this place that we call home is much better than when we arrived. As Will Perry reminded us of Maya Angelou’s words: “They Existed. We can be. Be and be better. For they existed.”

The lawyers we lost pursued justice in immigration courts, in real estate transactions, they were civil litigators, and a renowned Bankruptcy Judge. They include solo practitioners and founders of large law firms, plaintiff’s

lawyers, corporate counsel – in house or in a firm, a former assistant city attorney and a public defender. They dedicated their lives to providing sound, competent advice and counsel to everyday working citizens.

We lost past Bar Presidents and Pillars of Excellence, a Sam Myar award recipient, Fellows in the American College of Trial Lawyers. Employment law experts, estate planning professionals and one of the first Health law experts around.

Some had long illustrious careers while others died way too young.

We remember that these lawyers served not only the legal community but the community at large in so many ways – they were Military Veterans – Vietnam and Korean War vets, Bronze Star recipients, a stalwart of the recovery community, board members for the YMCA, Memphis Ballet, the founder of Sober Living, they were church and synagogue leaders, and a former Eagle Scout.

We lost “grumpy”, and a huge Yankees’ fan, an avid bowler and a Phish fan – that’s P.H.I.S.H. and we lost the coolest guy I ever knew and the coolest lawyer any of us ever knew.

The loss of these fine people and their lives well-lived is hard, it is profound. We sometimes speak in terms of getting over loss or putting it behind us, but I think the better description is living with it – but loss changes us.

In his book A Grace Disguised, Jerry Sittser describes life before and life after – the loss doesn’t go away. “One phase of my life ended (he said); another, the most difficult, was about to begin.” Or as Frederick Buechner writes “Even the saddest things can become, once we have made peace with them, a source of wisdom and strength for the journey that lies ahead.” Over time, when we see pictures or have that moment of remembrance, what brings tears of sadness at first brings smiles and even tears of joy - we are grateful for the time we had.

People went to these lawyers because they needed help. They sought a trusted advisor to walk them through a complex situation and our colleagues were there. These men and women played many vital roles but none more important than standing at the bar of justice and, in their own way, breathing life into the Constitution, the Bill 13

of Rights, the statutory and common law by defining, asserting and defending the rights of citizens. In their own way, these lawyers defended the rule of law – a bedrock principle in our fragile democracy. In short, we remember and honor great lawyers and great Americans whose talent, time and energy contributed greatly to our profession and our communities.

In, a blessing for a beautiful, terrible day, Kate Bowler touches on this moment of loss and thanksgiving. a blessing for a beautiful, terrible day blessed are we who see the suffering, the damage done to body and spirit, the need that dares not hope. we who know what it feels like to languish. who live in the place where pain and joy meet.

God, today both the beautiful and the terrible are so intensely present. help me live here, seeing the whole truth of what is.

blessed are we who walk toward the suffering, bringing what gifts we have, and our sufferings too, whether of illness or loss, grief or betrayal, confusion or powerlessness. blessed are we who come to You so close that we can whisper our loves, our fears, our unspeakable secrets, all that feels too heavy to carry alone, and all that we wish we could hold onto for longer. it is the beautiful that tells me what I love, and the terrible that tells me what I never want to lose.

Lord, may I learn to flourish here, even here! alongside the full reality of this beautiful, terrible day. Amen.

Today, like you, my prayer is one of thanksgiving for the opportunity I had to practice law and spend time with these great Memphis lawyers.

May their memory be a blessing for us all. 

Since being sworn in on February 2, 2018, Judge Parker has served on the United States District Court for the Western District of Tennessee. He holds a B.S. from the University of South Carolina and a J.D. from Vanderbilt University School of Law. Judge Parker began his legal career as an associate at Waring Cox before spending almost a decade as Assistant United States Attorney for the United States Attorney’s Office for the Western District of Tennessee. Prior to being confirmed to the federal bench, he was a shareholder at Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., where he represented clients in civil litigation and criminal matters. A long time supporter of the Memphis Bar Association, Judge Parker served as MBA President in 2015 and President of the MBA Young Lawyers’ Division in 1997.

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The Value of Varied Practice

BY JUDGE VALERIE L. SMITH

W

hen does one start to think of themselves as a seasoned lawyer? I say seasoned because I refuse to embrace the “o” word. The term was introduced to me while serving as an Assistant District Attorney in 2001. As a young prosecutor, I was anxious to move up the chain. I worked hard and craved more responsibility and challenging assignments. I was told I needed more seasoning. (It will not surprise any of you that know me well to learn that the senior prosecutor who conveyed that constructive criticism to me received a spice rack for the next gift giving occasion.)

It took some time for me to understand and appreciate what he meant by seasoned. I continued to work hard and try as many cases as possible. I advanced through the DA’s office where I learned from the best trial lawyers around who represented the State of Tennessee and their clients with zeal. I spent ten years in private practice with NST handling primarily plaintiffs’ cases. In addition, I handled the other cases that invariably come up in any firm. I represented clients in criminal courts across West Tennessee. I appeared in all the courts throughout Tennessee arguing a variety of cases.

A complex spoliation issue may have more in common with a criminal matter than a civil one as it relates to the preservation of evidence. Declaratory judgment actions are often associated with tort cases. Domestic and family issues can find their way into any lawsuit.

When I took the bench in 2016, I began to see connections I had never contemplated. The variations in my practice prepared me well for the wide assortment of cases that are presented to a circuit court judge. Surely, we all recall the term “issue spotting” from school. We do it every day! It is an invaluable part of exercising our analytical skills.

I have three suggestions. The first is to not pass over the cases that you think will not apply to you. They might!

Second is to participate in the legal clinics around town.

If you are not an expert in the field, take the opportunity to learn something that will help you to answer those questions the next time you are able to volunteer or may very well help you in a way you had not contemplated.

Third, take the time for an appointment. The Tennessee Supreme Court has recognized the need for and requested the funding to increase the amount appointed attorneys are paid. In many areas of our state, attorneys simply cannot take as many appointments as are necessary and pay their own bills. That’s where you come in. I am not suggesting anyone take an appointment that they cannot handle. However, if you work to become comfortable taking appointments, you will not only help our system, but yourself by learning something new. 

Long ago in a galaxy far away, I was a judicial law clerk in Circuit Court. During that time, I received a business card from an attorney that just said “Lawyer.”

I encountered him many times over the years in civil, criminal, and bankruptcy court and on occasion sought his counsel. He told me once that he liked to vary his practice because he learned every day with every case.

Somewhere along the way, the law has become over compartmentalized. Lawyers are quick to identify with only one area when the law is a web that helps us all grow.

Am I suggesting that we all hang shingles and just return to being “Lawyers?” Handle whatever case comes through the door without regard to the value of specialization? No. What I am suggesting is that as lawyers and students of the law we find ways to broaden our legal education and appreciate the value of it.

Judge Valerie Smith is the Judge in Division III of Shelby County Circuit Court where she has served since March 2016. Prior to taking the bench, Judge Smith practiced law as an ADA and in private practice with NST, PLC. She is the current president of the Tennessee Judicial Conference, past board member of the MBA, and a past president of the Leo Bearman, Sr. American Inn of Court. She and her husband Dave are committed to serving the Shelby County community however they can.

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Memphis Bar Foundation Inducts New Fellows, Awards Grants to Local Organizations, and Provides Scholarships to Law Students

O

n April 25, 2024, the Memphis Bar Foundation held its Annual Fellows Induction Ceremony and Grant Awards at The University Club. We would like to thank Jennifer and Joel Hobson with Hobson Realtors for once again sponsoring this event, Tennessee Supreme Court Chief Justice Holly Kirby for being the keynote speaker, and Judge Kenya Hooks for helping recognize the 2024 Memphis Bar Foundation Fellows as well as everyone who attended to honor our 2024 Fellows, Grant Recipients, and Scholarship Recipients.

The Memphis Bar Foundation annually selects attorneys and judges as Fellows in recognition of their service to the legal profession and community and their adherence to the highest standards of professional conduct. Approximately 1% of Memphis area attorneys and judges are invited to join each year. The 2024 Memphis Bar Foundation Fellows are as follows: The Honorable Carlyn L. Addison Tricia E. Adrian Adam S. Baldridge Samantha E. Bennett Natalie M. Bursi The Honorable Carol J. Chumney Laura L. Deakins Robert A. Donati Brian M. Glass Eiko C. Harris Michael R. Hess 18

The Honorable Christopher Ingram, Jr. Timothy R. Johnson The Honorable James Jones, Jr. Geoffrey A. Lewis Richard Mattern Melody McAnally Asia Diggs Meador Patrick H. Morris Janelle Crandall Osowski Michael R. Parham Toni C. Parker

The Honorable Mitzi H. Pollard The Honorable Sheila B. Renfroe Laquita Stokes Rebekka Freeman Terrell Nicholas L. Vescovo Joshua A. Wallis Jesyca Westbrook-Pettes Shannon Wiley Todd Williams Mary Wu Tullis The Honorable Jon A. York

This year the Memphis Bar Foundation supported the following nonprofits in law-related projects and programs through charitable grants: A Way Out Ministries Asha’s Refugee Bevo Boys Fitness Academy Breakthrough Leadership Foundation BRIDGES CasaLuz The Center for Excellence in DecisionMaking (CEDM) Community Legal Center (CLC)

CRG Foundation Memphis Dream Center Girls, Inc. Greenwood Villages Community Development Corporation Latino Memphis, Inc. Memphis Area Legal Services Memphis Crisis Center Memphis Public Interest Law Center

Additionally, Micah Traylor, a 2024 graduate of Memphis Law, and Porter Alexander Tynes, an incoming student at Memphis Law, received Irvin Bogatin Scholarships. Each year, the University of Memphis Cecil C. Humphreys School of Law selects the recipients of these scholarships created by the family and friends of the late Irvin Bogatin to honor his legacy of pursuing social justice. A Charter Fellow of the Memphis Bar Foundation, Bogatin served as the first President of the Memphis Bar Foundation. Additionally, he was President

Meritan, Inc. Mid-South Community Justice and Mediation Center, Inc. Mid-South Immigration Advocates National Civil Rights Museum REACH Memphis Shelby County Drug Court Tennessee Innocence Project Thistle & Bee Enterprises

of the Memphis Bar Association from 1971 through 1972, and one of the founders of Memphis Area Legal Services, Inc where he served as a board member.

Please take a moment to thank all members of the Memphis Bar Foundation Board of Directors for all their contributions over the past year. The MBA would also like to extend a special thanks to President Vincent Mirgalia, Vice President Amber Floyd, Secretary Mary Morgan Whitfield, Treasurer Bryce Ashby, Fellows Selection Chair Terrence Reed, and Fellows Class of 2023 Service Project Coordinator Lauran Stimac for their dedication. To learn more about the Memphis Bar Foundation or make a donation in support of its mission, please click here. 

The Memphis Bar Foundation was established in 1982 by eighteen charter fellows to serve as the philanthropic arm of the Memphis Bar Association. Its mission is to promote philanthropy among members of the MBA, advocate and support public awareness of the legal system, promote social justice and legal education, and encourage and recognize professionalism among members of the MBA. The Memphis Bar Foundation is a 501(c)(3) organization, which provides a platform for attorneys and others in the legal profession to give back to the community through tax-deductible contributions.

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Jennifer and Joel Hobson 901.761.1622 HobsonRealtors.com

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The first installment of this article originally appeared in Volume 40, Issue #4 of the Memphis Lawyer, which can be found here.

The Bankruptcy Court in West Tennessee

BY U.S. CHIEF BANKRUPTCY JUDGE JENNIE D. LATTA, J.D., PH.D.

V. THE BANKRUPTCY ACT OF 1898 Although Tennessee was divided into three federal districts in 1839, there was only one federal district judge for the state until 1898, when Eli Shelby Hammond became the first district judge for the Western District of Tennessee. Also in that year, Congress enacted the first permanent bankruptcy law, the Bankruptcy Act of 1898. This Act established the position of Referee in Bankruptcy “to assist expeditiously transacting the bankruptcy business.” Bankruptcy referees were appointed by the district judges to serve two-year terms and were paid from the assets of the bankruptcy estate. Judge Hammond appointed the first Referees in Bankruptcy to serve the Western District of Tennessee on November 28, 1898. They were R. D. Jordan, Sr., who served in Memphis, and John R. Walker, Sr., who served 1 in Jackson.

A. 1840s-1900 Richard Dudley Jordan was born on October 7, 1842, in Essex County, Virginia. He enlisted in the Confederate Army, was wounded three times, and eventually was captured at Five Forks. He was released from Point Lookout Prison Camp in June 1865 after signing an oath of allegiance to the United States. After the war, Jordan was admitted to practice law in Memphis in 1867. In 1873, he was elected Shelby County Attorney and reelected to that post seven times. Jordan served as President of the Memphis School Board and was appointed Referee in Bankruptcy by Judge Hammond on November 28, 1898.

Notices of creditors’ meetings began to appear in February 1899: 22

Notice to Creditors by Referee No. 1762. In the District Court of the United States, for the Western division of the western district of Tennessee; in the matter of Calvin Gardner in bankruptcy. There will be a creditors’ meeting of the said bankrupt held on Monday, February 13, 1899, 12 o’clock at my office, 279 Main street, Memphis, Tenn.

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R.D. Jordan, Referee

The new bankruptcy law proved so attractive that Judge Hammond had to step in in April 1899 to curb perceived abuse of the pauper’s oath. In the case of In re Collier, Judge Hammond said, “This is only one of many similar cases coming into this court under the mistaken belief that the statute allows anyone who is willing to take the pauper’s oath to secure a discharge in bankruptcy. It only allows that privilege to those who are paupers in fact, as they must be, indeed, if they cannot raise the $25 3 to pay the fees.”

By March, some debtors were ready to petition the court for approval of their discharge. A notice and order were printed as follows: NOTICE IN BANKRUPTCY. In the matter of No. 1760. John Clark, Bankrupt.

§ §

In Bankruptcy.

§

To the Honorable E.S. Hammond, Judge of the District Court of the United States for the Western District of Tennessee, John Clark of Covington, in the county of Tipton, and State of Tennessee, in said district, respectfully presents that on the 5th day of January last past he was duly adjudged bankrupt under the acts of congress relating to bankruptcy; that he has duly surrendered all his property, and has fully

complied with all the requirements of said acts and of the orders of the court touching his bankruptcy. Wherefore he prays that he may be decreed by the court to have a full discharge from all debts provable against his estate under said bankruptcy acts, except such debts as are excepted by law from such discharge.

Dated this 15th day of March, A.D. 1899.

John Clark, Bankrupt.

ORDER OF NOTICE THEREON, Western District of Tennessee.

On this 16th day of March, A.D. 1899, on reading the foregoing petition, it is ordered by the court that a hearing be had upon the same on the 8th day of April, A.D. 1899, before said court, at Memphis, in said district, at 10 o’clock in the forenoon, and that notice thereof be published in The Commercial Appeal, a newspaper printed in said district, and that all known creditors and other persons in interest may appear at the said time and place and show cause, if any they have, why the prayer of the said petitioner should not be granted. And it is further ordered by the court that the clerk shall send by mail to all known creditors copies of said petition and this order, addressed to them at their places of residence as stated.

Witness the Honorable E.S. Hammond, Judge of the said court, and the seal thereof at Memphis, in said district, on the 16th day of March 1899.

4 John V. Clough, Clerk.

The authority of the referee in bankruptcy was tested early in the case of McGrath & Goodrich, which involved plumbers who were reported to be bankrupt in May 1899 but did not file their petition until August 3. In the intervening period, the firm sold its goods for $1,000 and other assets for $1,600. In June, they sold a horse, wagon, and harness for $125. The creditors asked to be allowed to share in the distribution from these sales.

McGrath answered that he used some of the funds to pay debts of the business and some to pay his individual debts. Goodrich refused to say what he had done with his half of the proceeds on the ground that it might subject him to criminal prosecution.

Referee Jordan ordered them to pay the proceeds into the hands of the trustee in bankruptcy. Because they were unable or unwilling to do so, they were asked to show cause why they should not be imprisoned for contempt. The question of the authority of the referee in bankruptcy to punish by contempt the failure of the debtors to account for and pay over the proceeds of the 5 sale of their assets went before Judge Hammond. Judge Hammond dismissed the creditors’ motion to have the debtors committed to jail because he found the evidence 6 insufficient to warrant imprisonment. Judge Hammond referred the bankrupts back to Referee Jordan for further examination, cautioning them that a bankrupt “must answer truthfully as to any uses he made of his property 7 and assets, no matter how disgraceful it may be.”

Referee Jordan presided over another case that received considerable interest in the Memphis papers, that of Langstaff Hardware Company. Petitions to have Langstaff Hardware declared a bankrupt based upon assigning its assets to its creditors under state law and to appoint a receiver were filed on August 27, 1900, a day on which both Judge Hammond and the Clerk of the District 8 Court were absent from the district. A deputy clerk referred the matter to Referee Jordan over the objection of the alleged bankrupt and some of its creditors. Jordan ruled that the petition for appointment of a receiver was properly before him — notwithstanding the fact that the company had not previously been adjudged bankrupt, and further that the making of a general assignment for the benefit of creditors was an act of bankruptcy under the law irrespective of the question of insolvency, making the ultimate adjudication of bankruptcy inevitable.

In the absence of Judge Hammond, Referee Jordan’s decision was appealed to Judge Charles Dickens Clark of 9 Knoxville, who affirmed the decision of Referee Jordan.

The case continued for several years and ended up in the Supreme Court on the question of whether the attorneys for Langstaff Hardware Company might be paid from the estate for the preparation of the general deed of assignment, for advising the assignee concerning his duties, for defending a suit brought in state court to have the corporation wound up as an insolvent corporation, and for assisting the assignee in contesting the petition in 10 bankruptcy. The attorneys for the assignee, Randolph & Randolph, asked that their claims be given priority over other creditors’ claims. J.W. Scruggs, the trustee in bankruptcy, resisted their claim to preferred (i.e., priority) treatment. The Supreme Court held that the charge for 23

preparation of the deed of assignment could be proved as an unpreferred debt of the bankrupt; that the claim for services to the assignee could be proved to the extent the services benefited the estate and would be allowed if the assignee had paid for them. No fee was allowed for the 11 resistance of the adjudication of bankruptcy.

Referee Jordan continued to serve as referee until his death November 10, 1907. He is buried in Elmwood 12 Cemetery.

John Russell Walker, Sr. was born December 2, 1855, in Friendship, Tennessee. He read law while working as a clerk in a dry goods store. He was admitted to the bar in 1877 and practiced in Gibson and Crockett. He was appointed Referee in Bankruptcy by Judge Hammond in 1898. Notices of the Meetings of Creditors for Eastern Division debtors were carried in The Commercial Courier, published in Union City, Tennessee. Referee Walker served until his death in 1919. He is buried in Oakland Cemetery, Trenton, Tennessee.

On January 9, 1905, President Theodore Roosevelt appointed John E. McCall, United States collector at Nashville, as a district judge for the Western District of Tennessee to a vacancy created by the death of Judge 13 Hammond on December 17, 1904. Judge McCall appointed a number of referees during his service.

B. 1900-1920 Alvin A. Hornsby served as referee in Memphis from August 31, 1905, until August 31, 1919. Hornsby was born on August 25, 1875, in Palmersville [Martin], Weakley County, Tennessee, and died on December 29, 1956, in Tampa, Florida. He graduated from Cumberland University School of Law and practiced law in Memphis for 40 years. He served as assistant district attorney and Deputy United States Marshall before being named referee. He spent his last fourteen years in Tampa, Florida, where he is buried.

Judge J.A. Lancaster of Lexington was appointed referee by Judge John E. McCall on December 8, 1908, to succeed Referee Walker. Judge Lancaster had been serving as County Judge in Henderson County when he was appointed. He served as referee until 1919.

Pearl Wilson Maddox was named referee in bankruptcy in 1910 in Huntingdon, Tennessee. He served for twelve years. He practiced law with his son, Webster Poe Maddox (1899-1987), in the firm Maddox, Maddox and Lassiter, and was also the father of Dwayne 24

Depew Maddox (1897-1945), who served as United States Attorney for the Western District of Tennessee.

Referee Maddox died January 9, 1949, and is buried in Clark Cemetery, Huntingdon, Tennessee.

When Referee Hornsby declined reappointment in 1919, Judge McCall appointed Lieut. Col. Harry Bennett Anderson to succeed him as referee. Col. Anderson had recently returned to Memphis from service as a Judge 14 Advocate General in the Army.

Harry B. Anderson served as referee in Memphis from September 1, 1919, to 1921. He succeeded A.A. Hornsby. Anderson was born on November 5, 1879, in Berlamont, Van Buren County, Michigan. His parents, Seneca and Adelaide Anderson, moved from Michigan to Memphis in 1889.

He received a Master of Arts from Christian Brothers College, a Bachelor of Philosophy from the University of Chicago, and a Bachelor of Law degree from Columbia University in 1904.

After college, he entered practice in Memphis and later formed the law firm of Brown and Anderson. He was active in the Republican party and served as a delegate to several state conventions. In 1904, he was selected district elector for Theodore Roosevelt and occupied a similar position for Taft in 1908. He was again one of Roosevelt’s followers in Tennessee in 1912, being most prominent in the progressive movement that year. Judge Anderson was also president of the Bar Association of Tennessee from 1909 to 1910 and continued to be active in the Association until the beginning of World War I, when he enlisted in the Army and was commissioned as a Captain. He was sent overseas in 1917 and was at Verdun when the Armistice was signed. He left the service with the rank of Lieutenant Colonel in the Judge Advocate General Corps.

After returning to private practice, he continued to be active in civic and professional organizations. He was a member of the Chamber of Commerce, the Masons, the Elks, Lumberman’s Club and the Independent Order of Odd Fellows. On September 12, 1925, he was appointed United States District Judge for Western Tennessee by President Coolidge. Judge Anderson brought to the bench a diversity of knowledge that made him a good lawyer and a good judge. While on the bench, he continued to be public spirited and served as President of the Business 15 Men’s Club of Memphis.

District Judge McCall died unexpectedly on August 8, 1920, at the home of his daughter in Huntingdon, 16 Tennessee. Referee Anderson was among those named 17 as a possible successor. In the end, however, Judge J. Will Ross, of Jackson, Tennessee was nominated by President Warren G. Harding and sworn in on June 18 12, 1921. Judge Ross appointed S. Homer Tatum, of Alamo, Tennessee, to succeed both Pearl W. Maddox, of Huntingdon, and T.A. Lancaster, of Lexington, as referee in the 17 counties of the Eastern Division of West 19 Tennessee.

To learn more about Referee Tatum, be on the lookout for our next installment of this article in the next issue of the Memphis Lawyer.  Jennie D. Latta is the Chief Bankruptcy Judge for the Western District of Tennessee. On March 6, 1997, she was appointed by the United States Court of Appeals for the Sixth Circuit to succeed Judge Bernice B. Donald. Judge Latta was reappointed to a second fourteen-year term on February 14, 2011, and also served a four-year term on the Bankruptcy Appellate Panel for the Sixth Circuit from 2003 to 2007. The author wishes to thank Rhoda H. Smith and Jennifer McGaugh for their invaluable assistance in the preparation of this history.

1

The Commercial Appeal, November 29, 1898, p. 3.

2

The Commercial Appeal, February 5, 1899, p. 22.

3

In re Collier, 93 F. 191, 193-194 (W.D. Tenn. 1899); The Commercial Appeal, April 16, 1899, p. 6.

4

The Commercial Appeal, March 19, 1899, p. 9.

5

The Commercial Appeal, January 25, 1900, p. 6.

6

The Commercial Appeal, January 26, 1900, p. 2.

7

Id.

8

The Commercial Appeal, August 30, 1900, p. 6.

9

The Commercial Appeal, September 22, 1900, p. 6.

10

Randolph & Randolph v. Scruggs, 190 U.S. 533 (1903).

11

Id. at 539.

12

The Commercial Appeal, November 11, 1907, p. 7.

13

The Commercial Appeal, January 10, 1905, p. 4.

14

The Commercial Appeal, September 3, 1919, p. 7.

15

History of the Sixth Circuit: A Bicentennial Project, published under the auspices of the Bicentennial Committee of the Judicial Conference of the United States, p. 112.

16

The Commercial Appeal, August 9, 1920, p. 1.

17

The Commercial Appeal, May 8, 1921, p. 11.

18

The Commercial Appeal, June 12, 1921, p.

19

The Commercial Appeal, August 8, 1921, p.10.

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Wellness Corner

How to Stress Less

BY NICOLE M. GRIDA

Wellness Committee members shared their comments on the following prompt:

When you are feeling stressed, what activity or practice helps you to feel less stressed?

P

ast Wellness Committee Chair Cindy Pensoneau shared, “I generally do something physical, like attend a yoga class, go for a walk or run, or talk with a trusted coach or friend—like Steve Hornsby!”

One member of the Wellness Committee shared six (6) things they like to do when feeling stressed: 1. Book a vacation and think about traveling to new locales—and read about and research the vacation destination to bring even greater joy 2. Look for another job and apply for other positions.

3. Garden or just sit in nature.

4. Exercise.

5. Have 100% “Just Me” time, like a spa day, reading a book, or listening to music.

6. Go to talk therapy.

Laurie Christensen, who serves as the Co-Chair of the Wellness Committee with Yvette Kirk, noted “When I feel stressed about a particular situation or single stressor, I pause and identify what is stressing me at that time. I acknowledge that stressor. Then I clear my mind and do two minutes of box breathing on the four count, focusing on my breath (four seconds deep breath in, hold for four, release for four and hold out for four). Everyone has two minutes!”

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Co-Chair Yvette Kirk agreed that focusing on breathing helps her calm down. She shared, “I love using the Oura Ring app for quick meditations.” Yvette also likes to walk her dog. She does not look at her phone on their walks to maximize her quiet time and eliminate distractions from nature. Finally, Yvettee said, “Any form of exercise (stretching, half sun salutations, some quick squats, etc.) makes me feel better fast!”

Christy Washington, who previously served as Chair of the Wellness Committee for several years, shared that she likes to go to lunch or dinner with friends and hear about life from their perspectives, which helps her to look at things from a different point of view. She further noted “You can put this into practice while supporting the Memphis Bar Association by attending a Judicial Dine Around or joining an MBA section or committee to meet new people and hear new ideas and perspectives.”

Christy also shared that her yoga and meditation practice helps her feel less stress. She recommends all attorneys mark their calendars for the John Dice Wellness Seminar to be held on Friday November 15, 2024. This annual CLE gives attendees the opportunity to practice yoga, meditate with others, and learn other wellness tips and practices.

Longtime Wellness Committee member Maureen Holland addresses stress in different ways, depending on the source, intensity, and duration of the stress.

Maureen, “In helping others, I generally find peace from (or despite) the stress.”

As Adam Johnson noted in his President’s Column, members of the Memphis Bar Associations can help people and causes in the Mid South in many ways. So while you look for the best way to stress less, consider doing one thing for someone else or serving on one of the many MBA Committees. You may be surprised how much serving others can help your mental health! 

For light stress, she takes her dogs for a walk or watches movie trailers.

For moderate stress, Maureen bakes a pie, watches a full adventure movie, spends time with family, or has a dram of scotch while watching the sun set over the horizon.

For extreme stress, she might meditate, talk with or write to a friend, research a topic of interest, donate to a rescue organization for elephants, dogs, cats, farm animals, etc. while watching a rescue reel, or plan and take a vacation.

Maureen recommends addressing stress head on by asking: “How did you get here?” and “What might I do about you?” If she does not know what to do, or does not have a good answer, then she helps someone or some other living thing who needs help. According to 27

Celebrating 30 Years of Justice With the Community Legal Center

BY DIANA M. COMES, ESQ.

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024 marks a very special year for the Community Legal Center – 30 years of providing high quality legal services to the hardworking people who are the backbone of Memphis and Shelby County. The CLC was started in 1994 as the “AWA Family Mediation Center,” with the mission of providing free mediation services to divorcing people of moderate income. The organization quickly learned that this population needed so much more legal assistance than with simply divorce mediations, and it quickly pivoted to offering practical, affordable legal advice and representation to working families and individuals.

Since 1994, the CLC has received nearly 100,000 calls for help. Each year we help thousands of people with everything from brief advice and counsel or referrals to full representation in court. We offer free and low-cost, sliding scale legal counsel in the areas of family, consumer, probate, elder, and immigration law. We work hand-inhand with our community partner, Memphis Area Legal Services, to pick up where MALS leaves off. In general, MALS serves individuals who earn up to 125% of the federal poverty limit. Once beyond that cliff, however, few working individuals can afford a private lawyer.

That’s where the CLC steps in, serving individuals making between 125% to 300% of the federal poverty limit. We are a reliable source of professional help for thousands of Memphians who otherwise would have nowhere to turn.

Our clients are workers; they make the wheels of our economy turn and they make our lives comfortable.

They stock our grocery shelves, serve us at restaurants, teach our kids, and care for us in hospitals. They are artists and community organizers. They are people you know. But they have very, very few options if they get hit with a legal problem, like needing to adopt a grandchild, fleeing war in their home country, or facing an eviction.

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The CLC’s work benefits the community at large by ensuring family stability, helping individuals live in safe and decent housing, and ensuring that elders who are being abused can be placed in secure living situations.

Our elder abuse amelioration program has preserved nearly $4 million in assets for local seniors, and our Pro Se Parents’ Clinic has secured over $2.4 million in child support for deserving clients. This work is sorely needed – studies have shown that 60% of Tennessee low-income households experience at least one civil legal problem each year. The average is 3.6 civil legal problems per year.

Tennessee's low-income residents experience well over two million civil legal problems per year, most of them involving basic human needs such as safe and adequate housing, personal safety, and access to financial support.

More than 60% of low-income households report not pursuing any type of legal action for their biggest legal problems. Of the ones who did take action, fewer than 1/3 were assisted by counsel. People who don't get help feel that there's nothing that can be done. People don't think that they can afford a lawyer; or they don't think they can find a lawyer they can afford who speaks their language; or they are not even aware of legal resources.

The presence of the Community Legal Center ensures that

these folks have another resource to which they can turn.

Our work benefits the legal community, too. We relieve the pressure on Memphis Area Legal Services by providing another avenue of help for low-to-moderate income Memphians, as well as taking cases that MALS does not have current capacity to take. We provide government agencies with a resource to refer people when they call in for help. And we provide quality legal representation for clients whom private practitioners cannot take.

During this special anniversary year, we hope you will join us for events to celebrate our many years of accomplishments and to look forward at what’s to come.

Thanks to everyone who supported our “Celebration for Everyday People” event held at the Stax Museum of American Soul Music on Saturday, April 13, 2024. And mark your calendars for our “Justice Jubilee,” set to take place at the Crosstown Theatre on Friday, November 8, 2024! We can’t wait to see and celebrate with the supporters who have helped us get this far.

Thank you for supporting the Community Legal Center and access to justice. Your support means the world to us, and makes a life-changing impact on the lives of our clients.  Diana M. Comes serves as the Executive Director of the Community Legal Center. She received her Bachelor of Arts in English Literature from Rhodes College in 2008 and her Juris Doctor from the University of Memphis Cecil C. Humphreys School of Law in 2011. Following graduation from law school, Ms. Comes served as a judicial law clerk for the Honorable Jon P. McCalla, Chief Judge, U.S. District Court for the Western District of Tennessee, and the Honorable Ronald L. Gilman, Senior Judge, U.S. Court of Appeals for the Sixth Circuit. She then joined the Memphis office of Butler Snow LLP, where she was an associate and then partner practicing primarily in the areas of commercial and appellate litigation, before joining the Community Legal Center in 2021.

And you can help us go further. Support the work of the Community Legal Center with your donations by visiting www.clcmemphis.org/donate. We don’t receive federal funding for our work and depend on our supporters to ensure that justice can continue to be done.

Donations are critical to ensuring that we can continue to ensure “justice for all” for the next 30 years.

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Bar Scene

Family Law Section Vegas Themed CLE 2024

Mass Incarceration CLE

YLD Kickoff 2024

YLD Kickoff 2024

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Public Defender Breakfast sponsored by the Criminal Law Section

Bar Scene

St. Marys wins YLD High School Mock Trial 2024

YLD High School Mock Trial 2024

SLIP on Live at 9

SLIP on WLOK

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On March 11, 2024, the Tennessee General Assembly confirmed Shelby County Circuit Judge Mary Wagner to the Tennessee Supreme Court.

Judge Wagner will take the bench on September 1, 2024 after the retirement of Justice Roger A. Page.

She earned her law degree from the University of Memphis Cecil C. Humphreys School of Law and her bachelor’s degree in Political Science from the University of Colorado. Judge Wagner was appointed to the circuit court bench in 2016 by then-Governor Bill Haslam. She won reelection in August 2018 and again in August 2022.

Burch, Porter & Johnson, PLLC is pleased to announce that Judge Bernice Donald has joined the firm after retiring from the United States Court of Appeals for the Sixth Circuit in 2023. She will continue her domestic and international arbitration and mediation practice, and her work as a special master, advisor on appellate strategy, and counsel in internal investigations, from the firm’s office in Memphis, Tennessee. A nationally recognized third-party neutral, Judge Donald will serve as a mediator or arbitrator in a range of specialized areas, including antitrust, bankruptcy, civil rights, class actions, employment, ERISA, insurance coverage, pharmaceutical development, intellectual property, trade secrets, and product liability matters. She will be a member of the firm’s ADR, commercial litigation, appellate, and civil rights practice groups.

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Former Memphis Mayor Jim Strickland will become the Dean of the University of Memphis Cecil C. Humphreys School of Law on June 1, 2024. Before serving as the 64th Mayor of the City of Memphis from 2016 until 2023, Strickland practiced law in Memphis and also served on the Memphis City Council from 2008 through 2015.

Dean Strickland also taught as an adjunct professor at Memphis Law from 1989 through 1996.

Retired attorney and Former Tennessee Bar Association (TBA) President William “Bill” Haltom will receive the William M. Leech, Jr. Public Service Award. This prestigious award, presented by the TBA Young Lawyer Division each year, is named after former Attorney General William M. Leech, Jr. in recognition of outstanding service to the profession, the legal system, and the community. Bill will receive the award during the TBA’s Annual Convention in Memphis on Friday June 14, 2024 during the Lawyers’ Luncheon.

SUBMIT YOUR NEWS AND UPDATES If you are an MBA member in good standing and you’ve moved, been promoted, hired an associate, taken on a partner, or received an award, we’d like to hear from you.

We will not print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers). Notices are limited to 100 words; they are printed at no cost to members and are subject to editing. E-mail your notice and hi-resolution photo (300 dpi) to kswan@memphisbar.org.

TENNESSEE CHAPTER Memphis Area Members recognized for Excellence in the field of Mediation or Arbitration

Gayle ASHWORTH (615) 254-1877

Allen BLAIR (901) 820-4347

George BROWN (901) 523-2930

John CANNON (901) 328-8227

Fred COLLINS (731) 686-8355

Janice HOLDER (901) 527-3765

Trey JORDAN (901) 526-0606

Hayden LAIT (901) 230-4990

Minton MAYER (615) 248-3605

Jerry POTTER (901) 525-1455

Check preferred dates or schedule appointments online directly with the state’s top mediators & arbitrators. www.TennesseeMediators.org is entirely free, funded by our members

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Attorney Mrinalini (Melanie) Jayashankar recently joined Butler Snow's Commercial Litigation team.

She assists with the representation of a broad range of clients in a variety of cases, including commercial, governmental, employment, and intellectual property litigation. She also assists in intellectual property portfolio management and prosecution and counsels clients on data privacy, cybersecurity, and technology-related matters.

Jayashankar joins the firm with more than 15 years of experience in the field and across Tennessee, working on a wide range of civil litigation matters for insurance companies, governmental entities, and businesses through summary judgment motions, jury trials, bench trials, mediations, and settlements.

Bradley Arant Boult Cummings LLP partner Todd Presnell co-authored a treatise on evidentiary privileges recognized under Tennessee law and federal law within the Sixth Circuit.

A first-of-it-kind publication, Privileges and Protections: Tennessee and Sixth Circuit Law, published

by LexisNexis/Matthew Bender, addresses over 40 evidentiary privileges plus an extensive examination of conflict-of-laws issues and the historical origins and development of evidentiary privileges. The book serves as the go-to resource for trial lawyers, judges, transactional lawyers, in-house counsel, and others who need a practical guide for applying evidentiary privileges, the history and the policy rationales underlying those same privileges, and more.

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Marc Sorin has joined The Crone Law Firm as a senior attorney. Sorin grew up in Memphis and earned his law degree from the University of Memphis Cecil C. Humphreys School of Law. He began his career as a public defender in the Shelby County Public Defender’s Office, where he defended indigent defendants charged with criminal acts ranging from simple misdemeanors to complex felonies. Sorin went into private practice for the next three decades during which he represented both plaintiffs and defendants in all manners of civil litigation.

Glankler Brown, PLLC is pleased to announce that Michael T. Evangelisti has joined the firm as a Member. Mr. Evangelisti concentrates his practice in the areas of general corporate law, mergers and acquisitions, securities, commercial transactions, contracts, intellectual property, estate planning and probate. He is a member of the Memphis and American Bar Associations. He previously served on both the Board of the Young Lawyers' Division of the Memphis Bar Association and the Alumni Association of the Cecil C. Humphreys School of Law at the University of Memphis.