Winter 2015
the magazine of the Memphis Bar Association
Memphis CHiLD
Vol. 32, Issue 6
An Innovative Interdisciplinary Partnership for Child Health Advocacy in Law and Medicine + The New Summary Judgment Standard + Taking the Road Less Traveled
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Volume 32, Issue 6
FEATURES 8
The New Summary Judgment Standard
11
Taking the Road Less Traveled
14
Memphis Bar Foundation Recognizes New Fellow, Awards Grants
16 19
by SEAN ANTONE HUNT, The Hunt Law Firm by SCOTT CROSBY, Burch Porter & Johnson, PLLC
Memphis CHiLD
by PROF. JANET GOODE, BRUCE CEDRIC HARRIS, ESQ.,and DR. LAUREN MUTRIE
What's in Your Life (Equity) Account? By C. BARRY WARD
COLUMNS 6
President's Column: Time Flies
25
MALS Corner: Making Access to Justice a Reality
30
The New Year and a New Day at the CLC
by THOMAS L. PARKER
by MARY L. WOLFF and HARRISON D. MELVER, III
by ANNE MATHES, Community Legal Center Executive Director
DEPARTMENTS 20
The Court Report
22
Circuit Court Report
34
People in the News
38
Classified Advertisements
by DEAN DECANDIA
3
MEMPHIS LAWYER the magazine of the Memphis Bar Association
2015 MBA Officers
MBA Publications Committee Pam Blair Karen Campbell Dean DeCandia Michael Gabel Chastity Grice Sean Antone Hunt Liz Keough Stephen Leffler Harrison D. McIver III Jared Renfroe Ellen Vergos Mary Wagner Christy Washington Mason Wilson
Cover Photo Ribbon-cutting for the Memphis CHiLD initiative. Left to right: MALS Executive Director Harrison McIver; Congressman Steve Cohen; Peter Letsou, Dean of the Cecil C. Humphreys School of Law; and Meri Armour, President and CEO of LeBonheur Children’s Hospital The Memphis Lawyer is a publication of the Memphis Bar Association, Inc. that publishes six times each year. The publication has a circulation of 2,200. If you are interested in submitting an article for publication or advertising in an upcoming issue, contact Anne Fritz at 527.3585; afritz@memphisbar.org The MBA reserves the right to reject any advertisement or article submitted for publication.
Thomas L. Parker President
Shea Wellford Vice President
Dean DeCandia
Secretary/Treasurer
Kirk Caraway Past President
2015 Board of Directors Jeremy Alpert Lara Butler Betsy Chance Annie Christoff Asia Diggs Damon Griffin Jennifer Hagerman Jonathan Hancock David Harris Maureen Holland Carrie Kerley Jana Davis Lamanna Emily Landry
Andre Mathis Gigi Gaerig McGown Elijah Noel, Jr. Mike Robb Abby Webb Section Representatives Stuart Canale Cam Hillyer Linda Holmes Kim Koratsky Earle Schwatrz Joshua Wallis
ABA Delgate Danny Van Horn AWA Representative Lisa Gill NBA Representative Amber Floyd Law School Representative Elizabeth Rudolph YLD President Nicole Grida
MBA STAFF
Anne Fritz
Executive Director
Lesia Beach
CLE/Sections Director
Charlotte Gean
Executive Assistant/ Membership Coordinator
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PRESIDENT'S COLUMN TIME FLIES by THOMAS L. PARKER
W
hen I received the gavel from Kirk Caraway last December, it occurred to me that a single year can go by very quickly. Now it feels like I blinked and 2015 has gone. It has been a distinct honor and a privilege to serve as president of the Memphis Bar Association. Thank you so much for allowing me to do that. Our association consists of colleagues and competitors. We remain part of an amazing organization that began in 1874 - older in fact than the American Bar Association founded on the principle that we need each other and the law needs us. While modern technology and social media can enhance our lives, it can also give us the illusion that the computer makes us completely self-reliant and that we can manage just fine, all alone. I am not the first to conclude that technology is not a substitute for the fundamental need we have for community. Whether it is family, a faith community, a law firm, or even a bar association - we still need each other. In the spring, we were rocked by Chancellor Bo Carr's unexpected and tragic death. It was a brutal reminder that some problems are just bigger than we are individually. Of all the great speakers and programs the MBA sponsored this year, two phenomenal speakers made a huge impact on me. These men are devoting their lives to issues of justice in the United States and the world. Bryan Stevenson spoke at the Bench Bar Conference. After spending 30 years defending death row inmates, he says that "the opposite of poverty is not wealth, the opposite of poverty is justice." Our guest speaker at the Annual Meeting was Philip Langford, whose work for the International Justice Mission (IJM), is astounding. IJM is a unique global human rights organization that utilizes local judicial systems throughout the developing world to protect the poorest of the poor from horrific violence. Their messages remind us how far we still have to go. While MBA members, and lawyers generally, do an incredible job of providing pro bono services, an incredible need still remains. How is it that, in 2015, we have more lawyers than we have jobs; yet, there is an ever growing part of our 6
poverty-stricken population who cannot find counsel for the most basic of problems? Solutions to problems like these emerge from the collective efforts of many rather than any of one of us laboring alone. A few years ago, Gary Smith spoke to us about the judicial branch of government coming under political attack. Ever since, it seems like our system of justice is constantly being criticized. While no system is perfect and some criticism is warranted, the debate highlights for me the need for a strong association of lawyers who will speak up for an independent judiciary when no one else will. None of us is big enough to tackle such issues alone - we need each other - we need a place where the primary goals are the enhancement of the legal profession and the justice system. The MBA is such a place. Some years at the MBA are about big programs or initiatives while other years are less exciting and most of the work is done behind the scenes. That work can be just as important for the long-term health of an organization. I like to think 2015 is one of those years. I will spare you an attempt to list all of the work we did this year but we focused on the basics of governance - strategic planning, membership initiatives, and personnel. We launched the new website at our old address - www. memphisbar.org. As these things often do, it took longer than we expected (certainly longer than we wanted), but we worked through the glitches and bumps along the way. Now it is an award-winning website! The Communications Section of the National Association of Bar Executives presented us a Luminary Award for our website design and effectiveness. As I look back on this incredibly quick year, I will remember the work we did together - the MBA staff, the tremendous board of directors and the membership of this great organization. In short, looking back on 2015, I will remember the community‌.
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The New
Summary Judgment Standard
Y
by SEAN ANTONE HUNT, The Hunt Law Firm
ou may be asking yourself, what’s the big deal about this changing summary judgment standard? Not only did we have a Supreme Court case on the issue, but also a statute and then, more recently, another Supreme Court case on the issue as well. In fact, the recent case of Rye v. Women's Care Ctr. of Memphis, MPLLC, 2015 Tenn. LEXIS 906 (Tenn. Oct. 26, 2015), changed the summary judgment standard yet again. So if you’re like me, you’re asking yourself why all of this attention. Well, I believe it’s necessary to understand the history of Rule 56 and its application in our court system, versus the federal court system, to understand all of the controversy. As most know, the Tennessee rules and the federal rules for summary judgment are “virtually identical,” at least as of the time of the Tennessee Supreme Court’s decision in Byrd v. Hall, 847 S.W.2d 208 (Tenn. 1993). At that time, the Tennessee Supreme Court set out the basic principles involved in determining when a motion for summary judgment should be granted. Essentially, stated in its most basic form, summary judgment should be granted when two things are present: (1) there are no disputed, material facts which create a genuine issue for trial; and (2) the moving party is entitled to judgment as a matter of law.
contrary or contradictory to what the nonmoving party must establish. Stated differently, the moving party in this situation establishes something completely opposite of a fact or element which the nonmoving party must prove in order to establish their claim. For example, let’s take a fictitious car accident between Jessica Jones and Luke Cage. Jessica brings suit against Luke indicating that he ran a red light and caused the accident. Luke, on the other hand, utilizing other evidence such as pictures from the traffic cameras, conclusively establishes that his traffic signal was in fact green. If the sole basis for Jessica’s lawsuit is her allegation that the light was red, then this proof, that the light was in fact green, would establish the necessary basis for summary judgment.
While there are all kinds of issues that might revolve around the second prong of the standard mentioned above, the major issue causing the crux of the debate revolves around the first prong of this standard. The question is, what must be done to show that there are no disputed, material facts which create a genuine issue for trial.
(B) That the moving party can establish the necessary facts to prove an affirmative defense. Taking our example above, although an imperfect example, let’s assume that Luke Cage was a police officer and even though the light may have been red, he was entitled to go through the light because he was using his sirens and flashing lights pursuant to the statute. Again, if the sole basis for Jessica’s lawsuit is the fact that Luke ran the red light, then establishing that he had his flashing lights and sirens on and was therefore allowed to go through the red light would be a basis for establishing summary judgment because of an affirmative defense.
Based upon the case law, both Tennessee and federal, what developed was three possibilities for the party desiring summary judgment to establish that there were no genuine issues of material fact as required by the rule. That is, the moving party could establish one or more of the following three things to be entitled to summary judgment: (A) That the nonmoving party has to prove a particular fact, but instead, the facts establish something 8
(C) That the nonmoving party does not have evidence to establish the fact that they need to establish in order to be successful. This has been called the “put
up or shut up” approach. Essentially, it means, using our example from above, that if we assume that both Jessica and Luke were injured so badly that neither one can testify about the condition of the light at the time of the accident and there are no other witnesses, then Luke, after taking the deposition of Jessica, might move for summary judgment upon the basis that Jessica cannot prove that the light was red. Essentially, this option only differs from Option A above in that the moving party, in this situation, might only point out to the trial court that the nonmoving party cannot prove this particular necessary fact without actually presenting any proof or establishing any facts of their own. It is the existence of this third option that has led the court to its two separate opinions. First, in the Hannan v. Alltel Publishing Co. case (270 S.W.3d 1), the Tennessee Supreme Court went through its analysis and found a flaw that led to the lower courts adopting this third option as a basis for allowing summary judgment. In Hannan, the Tennessee Supreme Court pointed out that after Byrd, our court system began to follow, fairly closely, the federal court system’s standard for summary judgment. It was in the 1986 case of Celotex Corp. v. Catrett, 477 U.S. 317, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986), that a plurality of the US Supreme Court indicated that this third option was available, in federal courts, by stating that the Federal Rules of Civil Procedure allowed summary judgment where the moving party “alleges” that “there is an absence of evidence to support the nonmoving party’s case.” However, as pointed out in Hannan, the Tennessee Supreme Court did not adopt this third option intentionally in its decision in Byrd. Instead, the adoption of this third option occurred by accident. In other words, according to the Hannan court, Byrd incorrectly defined the second option above, i.e., the establishment of an affirmative defense, by indicating that the defendant could establish an affirmative defense if the defendant “demonstrated that the nonmoving party cannot establish an essential element of his case.” Since this is not the general understanding of what an affirmative defense actually is, the Hannan court pointed out that this characterization of “affirmative defense” had caused understandable confusion. Additionally, the Hannan court pointed out the difference between “showing” that the nonmoving party
cannot establish an essential element of their case and simply “alleging” that the nonmoving party cannot establish an essential element of their case. The federal court system seemed to allow the latter while Tennessee would only allow the former. As a result, after the analysis, the Hannan court ruled that in Tennessee a moving party seeking summary judgment, using the third option above, must do one of two things: (1) affirmatively negate an essential element of the nonmoving party’s claim; or (2) “show” that the nonmoving party cannot prove an essential element of their claim. Stated differently, the moving party may not, however, merely point to omissions in the nonmoving party's proof and allege that the nonmoving party cannot prove the essential element at trial. I do note, however, as you might have gleaned, that the similarity between “show[ing] that the nonmoving party cannot prove an essential element of their claim at trial” which is the standard left after the ruling in Hannan and the so-called “put up or shut up” concept that Hannan was supposed to be abolishing were quite similar. In fact, this “showing that the nonmoving party cannot prove an essential element of their claim trial” is nearly identical to the language adopted by federal courts where the US Supreme Court indicated that the moving party may “allege” that “there is an absence of evidence to support the nonmoving party’s case.” It appears that the only difference between these two constructs is the use of the terms “showing” in the Tennessee version versus “alleging” in the federal version and the absence of any indication of timing in the federal version of the rule versus the “at trial” timing provision provided in the Tennessee version of the rule. Using an ordinary reading, versus a technical reading, it would seem that the difference between these two provisions was essentially meaningless. Our Supreme Court, however, in Hannan, found a meaning. In any event, it was clear that any motion for summary judgment that even remotely looked like a “put up or shut up” was not allowed by the decision in Hannan. Then, as most practitioners know, the General Assembly enacted Tennessee Code Annotated §2016-101 for actions filed on or after July 1, 2011. This provision provides as follows: In motions for summary judgment in any civil action in Tennessee, the moving party who does not 9
bear the burden of proof at trial shall prevail on its motion for summary judgment if it: (1) S ubmits affirmative evidence that negates an essential element of the nonmoving party's claim; or (2) D emonstrates to the court that the nonmoving party's evidence is insufficient to establish an essential element of the nonmoving party's claim. Since a party can “demonstrate” to the court that the nonmoving party’s evidence is insufficient to establish an essential element of the nonmoving party’s claim by “merely pointing out the omissions in the nonmoving party’s proof ”, it was generally conceded that Tennessee Code Annotated §20-16-101 superseded the court’s opinion in Hannan. Moreover, §20-16-101 did not contain any mention of the timing element above. Instead, most practitioners equated the “demonstrates” term of the statute to be equivalent to “allege” as used in the federal court system. Thus, this provision was seen as bringing back all three of the possible methods of establishing that there was no genuine issue of material fact as mentioned above, while Hannan was seen as limiting those items to the first two only. Now, fast forward to the case of Rye v. Women’s Care Center of Memphis, and our Tennessee Supreme Court now revisits the issue and standard adopted in Hannan. After going through the history of the federal court decisions as well as the Tennessee decisions, the Rye court noted that the controversy and the confusion centered on “whether the party seeking summary judgment must itself affirmatively negate an essential element of the nonmovant’s claim or whether it can just point to the nonmovant’s failure to have come forward with evidence supporting its claim.” And after noting that although it appeared that the court in Hannan viewed its decision “as merely reaffirming the summary judgment standards that have been applied since Byrd” most other commentators believe that “Hannan had driven a stake through the heart of summary judgment in Tennessee.” Rye also noted “the predominant reaction to Hannan by the trial bench and the bar was ‘trepidation’.” Thus the Rye court concluded that “the standard adopted in Hannan is incompatible with the history and text of Tennessee Rule 56 and has functioned in practice to frustrate the purposes for which summary judgment 10
was intended – a rapid and inexpensive means of resolving issues and cases about which there is no genuine issue regarding material facts.” Then, stating that because the standard articulated in Hannan was unworkable and inconsistent with the history and text of Tennessee Rule 56, the Rye court indicated it would overrule Hannan and fully embrace the articulated standards from the federal system. Thus, the standard after Rye is that “when the moving party does not bear the burden of proof at trial, the moving party may satisfy its burden of production either (1) by affirmatively negating an essential element of the nonmoving party’s claim or (2) by demonstrating that the nonmoving party’s evidence at the summary judgment stage is insufficient to establish the nonmoving party’s claim or defense.” In summary, it means that of the three options mentioned earlier as a basis for establishing that there was no genuine issue of material fact, all three now exist, presumably. The Rye case has now established that option “A” and option “C” are both viable methods of establishing that the moving party is entitled to summary judgment. Presumably, option B remains as well since it was never discussed. Therefore, it appears that in the future, to establish that there are no genuine issues of material fact, after Rye, a party moving for summary judgment need only show one of the following three things: (1) that the moving party has affirmatively negated an essential element of the nonmoving party’s claim; (2) that the nonmoving party’s evidence at the summary judgment stage is insufficient to establish the nonmoving party’s claim or defense; or (3) that the moving party has established an affirmative defense. t Sean Antone Hunt is the Principal of The Hunt Law Firm. A native of Memphis, he is a graduate of Vanderbilt University School of Law and also holds a Bachelor of Science in Civil Engineering from Tennessee State University. He practices in the areas of commercial litigation including constructionrelated litigation, workers' compensation, premises liability, negligence, products liability and Insurance defense. He is a member and past co-chair of the Memphis Bar Association’s Publications Committee, vice chair of the MBA Sole/Small Firm Section, and was recently elected to the MBA Board as a section representative.
Taking the Road
Less Travelled By SCOTT CROSBY, Burch Porter & Johnson, PLLC
A
t the recent annual meeting of the Memphis Bar Association, Phillip Langford, an attorney working with the International Justice Mission, was the keynote speaker. In his career, Phillip has certainly chosen the path less travelled. Memphis Lawyer followed up with Phillip to find how he came to leave the private practice of law and join IJM, and to give him the opportunity to tell the Memphis Bar a bit more about this worldchanging organization. 1. How did you first come to know that the practice of law would be your life’s work? Well, I can say that I certainly did not pursue a career in law with dreams of becoming a human rights lawyer. In fact, growing up, I did not dream of becoming a lawyer at all. I had no lawyers in my family, but one of my best friends growing up, Teddy Weeks, was the son of a prominent lawyer in Lakeland, Florida: Ted Weeks III. We called him Big Ted. I always loved talking with Big Ted, or even better, listening to his stories. He had gripping stories, truly human stories about the tragic and often comedic lives of real people. And there was just something about Big Ted’s stories that gave me the sense he, perhaps more than other adults I knew, had the inside track on how the world actually worked. He was interesting.
2. How did you come to learn of IJM and make the decision to take the jump into the unknown? I had been practicing law for about nine years, when my good friend and fellow Chattanooga lawyer, Andy Pippenger, introduced me to IJM in 2005. At that time, IJM was looking for a lawyer who would lead a team of Indian lawyers in Kolkata, India in the fight to end the trafficking and rape for profit of little girls in Kolkata’s massive sex trade. From the first moment I heard of this opportunity, all I could think about was packing up and moving to India. The facts, the evidence, the stories of the horrors -- all which were the daily life of so, so many children -- changed me. I found myself captivated by the thought that a lawyer like me might serve as a lawyer, an advocate for others in this forum. I discussed this radical move with my wife, Lacy. Frankly, even though at that time all our children were under the age of 10, she did not hesitate. We committed together. On May 20, 2006, roughly 10 months after first hearing of IJM, our family arrived in Chennai, India. IJM had made the decision that my skills would be better served fighting forced labor slavery in that city. Then, in the fourth quarter of 2006, IJM asked us to launch another IJM field office in Bangalore, India to expand the scope of our work to combat forced labor slavery in the country. We remained in Bangalore, India, until our return to the United States in July 2009. 3. What is IJM? Started in 1997, IJM is a global organization that protects the poor from violence in approximately 17 communities in the developing world. Nearly 4 billion poor people – more than half the world’s population – live outside the protection of actual law enforcement. Their countries overwhelmingly have laws that promise protection from violence, but their public justice systems – their police, their courts – are so broken and 11
dysfunctional that there is nothing to shield the poor from violent bullies and predators, who prey on the poor with near perfect impunity. They have no fear that anyone will stop them; in fact, the police are often the bullies. Our global teams of lawyers, investigators, social workers, community activists and other professionals, therefore, partner with host country police, prosecutors, courts, and social services to make law enforcement a reality for the poor and to prove that justice for the poor is possible. Critically, we find success by working shoulder to shoulder with some justice officials in the communities themselves to intervene in cases of violence – sexual violence, slavery, sex trafficking, illegal land seizure, police abuse -- to bring rescue and restoration to survivors of violence, to bring the criminals to justice and to empower the local justice system to do the vital work of restraint and deterrence. Not unlike the intentional case-by-case approach of the civil rights movement in this country decades ago, we work methodically and intentionally on individual cases one at a time with local justice officials, helping to secure justice for the poor – often for the first time in many decades. Using this approach, we also learn and diagnose together the particular weaknesses and brokenness in the system. These diagnoses inform and shape customized IJM programs targeted to overcome the brokenness and allow the local justice system to succeed in its mission on its own. We are seeing unprecedented transformation in the capacity of failing justice systems to provide protection, historic reductions in the scale of violence against the poor and promising models for replication and scale throughout the world. We have rescued over 25,000 victims of oppression and are helping to protect over 21,000,000 people from violence. 4. We can see understand the pull of IJM on you or anyone to jump in and do your part, but how were you able to leave home, leave private practice and move half way around the world? Our process of discernment took several months –we were afraid -- but the core of the decision was simple. It boiled down to math and a fresh sense of why I’m on this earth. While I did not walk away lightly from Miller & Martin -- I loved the firm and my friends and colleagues who had invested so much in me -- I was certain that neither the firm, nor our clients would miss a beat, if I left the firm for India. I knew there were plenty of talented 12
people who would be thrilled both to practice at Miller & Martin and to represent the firm’s clients. There were, however, very few lawyers lining up to represent and give voice to the millions of men, women and children suffering and dying under the yoke of slavery in India. To be clear, we were afraid, primarily for our own children. They were young, we had no international experience, let alone experience in the developing world, and we didn’t know what this would mean for our kids. As we wrestled with our fears for our children, we happened to stumble on a radio interview given by IJM’s founder and CEO, Gary Haugen. He gave a compelling narrative of IJM’s work. Gary, a father of four himself, conceded that he, like other fathers, wanted the very best for his kids in every category, from education to opportunity. But he also warned that as our kids grow older and they see all of the resources, opportunity and stuff that we wrap around them, they can begin to wonder, “What is all of this stuff for?” If we are honest, he said, it probably boils down to the fact that we just want them to be safe. He then challenged the listening audience that perhaps we and our children were made for more than safety. Perhaps all of this stuff, all of our relative power, skill, resource and influence, is for more. 5. What do you do now for IJM? In my three years in India, I was very much on the front lines of our rescue and law enforcement operations. Today, I don’t handle cases any more. I am not as close to the front line. In 2009, IJM needed someone to provide strategic leadership at our headquarters for IJM’s Africa field operations. My boss asked me to take the job. I didn’t want to work a “desk job” in Washington away from the front lines. I wanted to be in the thick of it. After listening to all of my objections, he said one of the most important things I have heard in my career. He said, “Philip, it’s wonderful that you love your job in Bangalore. That’s terrific. I’m glad you love it. It would be great, however, if you considered what is needed, not what you want.” I returned to the US with my family in July 2009 to take up leadership of IJM’s efforts in the Africa region to protect the poor from violence. I continue to serve in this role today. 6. Where do you see IJM going? Relatively speaking, there has been very little governmental investment in fixing broken law enforcement in the developing world. It’s a gaping hole in our efforts to lift the poor out of their deprivation and
despair. It is a difficult work, and the world needs proven models of how to take a broken justice system and make it work so that it can effectively provide the rule of law and restrain and deter the violence. In the last few years, we have demonstrated, measurably, that our model for improving the performance of broken law enforcement works and that when law enforcement works, the violence stops. For instance, in Cebu, Philippines, trafficking of minor girls for sex was rampant and out in the open. Traffickers and pimps sold little girls with impunity because the government lacked the will and the capacity to do anything about the problem. We set up operations in Cebu and began working with the Philippines government to establish, train, equip and mentor a dedicated Anti-Trafficking Unit, among other initiatives in the justice system. After just five years of work, we witnessed a 79% reduction in the trafficking of minors. Why? Because the law began to be enforced. The traffickers and the pimps started going to jail. The model was so successful that the national government of the Philippines has worked with us to expand this model throughout the country. This is the growing story in every place that IJM works; we are proving out models that can be scaled and replicated by others in other places where violence and impunity reign. And I would say scale and replication is where we are headed over the next 15 years. The last 10 years has been about proving out models that can work. The future is seeing those models scaled and replicated for massive global impact for the poor. 7. How can we as lawyers in Memphis help with the mission of IJM? We would love for Memphis lawyers to join the struggle for our poor neighbors around the world. The reality is that our teams in the field cannot do this work without support, often financially. Through IJM, girls are rescued from forced prostitution; children are freed from forced labor slavery; widows and orphans are restored to their land and property; children are protected from sexual violence; and people are freed from illegal detention. Our supporters make our work possible, and we are grateful. To find out more about IJM, please visit our website at www.ijm.org or contact Michelle Conn, IJM’s Senior Director of Strategic Partnerships, at mconn@ijm.org. Thanks to the Memphis Bar for inviting me to speak and giving me the opportunity to introduce others to the work of IJM. t
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MEMPHIS BAR FOUNDATION RECOGNIZES
NEW FELLOWS, AWARDS GRANTS The Memphis Bar Foundation hosted a reception on November 5 in the lobby of Brinkley Plaza to recognize new Fellows of the Foundation and to award grants. The 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. New Fellows for 2015 are: Cathy Anderson,
Sheree Hoffman,
Public Defender’s Office
Hoffman Law & Mediation Office
Katherine “Kay” Anderson,
Maureen Holland,
The Hardison Law Firm, PC
Holland & Associates
Stephen L. Anderson,
Hon. Yolanda Kight,
Farris Bobango Branan, PLC
Judicial Commissioner
Edward Autry,
Karen Koplon,
Wyatt Tarrant & Combs, LLP
The Hardison Law Firm, PC
Richard D. Bennett,
Kristin Ellis Kurtz,
Farris Bobango & Branan, PLC
FedEx
Beth Buffington,
Lisa Lichterman,
Evans Petree, PC
Littler Mendelson, PC
Catherine Costict,
Barbara Loevy,
Allstate Insurance Co.
Loevy Law Office
Felisa Cox,
David McLaughlin,
City Attorney’s Office
Morgan & Morgan – Memphis
Dean DeCandia,
Hon. Dan H. Michael,
District Attorney General’s Office
Juvenile Court
Hon. George Emerson,
Jessica Neal,
U.S. Bankruptcy Court
International Paper
Hon. Terre Fratesi,
Hon. James R. Newsom,
Juvenile Court Magistrate
Chancery Court
Mary Catherine Jermann-Robinson, Federal Defender’s Office
John Russell,
Lawrence & Russell, LLP
Sharon Ryan,
International Paper
John Ryland,
Black McLaren Jones Ryland & Griffee, PC
Jason Salomon,
Harkavy Shainbert Kaplan & Dunstan, PLC
Ben Scott,
Butler Snow, LLP
Erin Melton Shea, Wiseman Bray, PLLC
Valerie L. Smith,
Nahon Saharovich & Trotz, PLC
Brian Wamble,
International Paper
Bryan Smith,
Morgan & Morgan – Memphis
Beverly Gates,
O. John Norris,
Pinnacle Agricultural Holdings, LLC
Jackson Lewis, LLP
Weiss Spicer Cash, PLLC
Gregg Gumbert,
Lisa Overall,
Colleen Hitch Wilson,
Butler Snow, LLP
McDonald Kuhn, PLLC
Peter Letsou, Dean of the Cecil C. Humphreys School of Law, presented the Bogatin Social Justice Award to Marcy Walker, a recent graduate of the law school, and the Bogatin Scholarship to first-year student Shelley Ramsey. The awards were created by the family and friends of the late Irvin Bogatin, to recognize law students who share his passion and vision for social justice. 14
Scott Peatross,
Bourland Heflin Alvarez Minor & Matthews, PLC
Arnold Weiss,
FedEx
The Memphis Bar Foundation is the charitable foundation affiliated with the Memphis Bar Association. The mission of the Memphis Bar Foundation is to promote philanthropy among members of the Bar; advocate and support public awareness of the legal system; promote social justice and legal education; and encourage and recognize professionalism among members of the Bar. One of the
ways the Foundation fulfills its mission is by awarding grants to non-profit organizations to support law-related projects and programs that fall within its mission. This year, grants totaling $44,500 were awarded to: • CASA (Court Appointed Special Advocates) to recruit and train volunteers to act as advocates for children in Juvenile Court proceedings; • Clean Slate Fund operated by Just City to pay filing fees for those qualifying for expungement or restoration of rights; • Community Legal Center for their Immigrant Justice Program that assists the area’s non-citizen population with requests for asylum; • Exchange Club Family Center for their Safe Exchange/Supervised Visitation Program, which allows visitation by non-custodial parents in a safe environment; • Family Safety Center for its Blueprint for Safety program; • Juvenile Court for its Youth Court program; • MARRS (Mediation and Restitution/Reconciliation Services) for their juvenile justice mediation and restitution program; • Memphis Area Legal Services for the Medical/Legal Partnership Program; • Memphis Bar Association Access to Justice Committee for laptop/printer for the Saturday Legal Clinic and its Summer Law Intern Program for minority high school students; • Memphis Immigration Advocates Unaccompanied Children’s Project;
for
its
• National Civil Rights Museum for its You Be the Judge program; • Public Action Law Society, Cecil C. Humphreys School of Law, for their Alternative Spring Break program, which brings in law students from across the country to assist with legal needs; and • Shelby County Drug Court for its women and young adult programs. t To make a contribution to the Memphis Bar Foundation,
send your check to Anne Fritz, Executive Director: 145 Court Ave., Suite 301, Memphis, TN 38103, or call her at 901.527.3575.
A PRO BONO CLIENT’S POEM You took my case as pro bono, I desperately needed your help, And that you didn’t know. In addressing all of my questions and concerns, you were right on cue. I wouldn’t have made it this far without you. You said, “this is my way of giving back to the community.” One thing for sure, you’ve really been there for me. In every phase of my case, you take the time to explain. You could see it in my eyes, The degree of my pain. Reassuring me, “that everything will be all right.” “I have been an attorney a long time, I’m used to a good legal fight.” Just tell the truth and do your best, Believe you me, I will do the rest. Trials and tribulations are something that we all must face. While on the journey of life, we have to run this race. I just want to say, “Thank you for all that you’re doing for me.” And for time and expertise through Memphis Area Legal Services for free. Written to and shared by attorney David Cook 15
Memphis CHiLD An Innovative, Interdisciplinary Partnership for Child Health Advocacy in Law and Medicine
by PROF. JANET GOODE, BRUCE CEDRIC HARRIS, ESQ., AND DR. LAUREN MUTRIE
N
ew to Memphis, a mother and her 8-year-old son move into a house that they can afford because they were able to secure a Section 8 voucher, a federally funded housing voucher program for low-income families. But over the next year, the young son visits the Emergency Department at Le Bonheur Children’s Hospital 11 times due to repeated asthma attacks. He’s admitted twice and is so sick that one of those admissions is to the intensive care unit. His mom tells doctors at Le Bonheur that her son is coughing and wheezing at home despite the fact that he takes his medication every day and no one at home smokes. Dr. Lauren Mutrie, a pediatrician at Le Bonheur, treats the young boy and asks about conditions in the home. The house has a mold problem, but the landlord has refused to take any action despite repeated requests from the family. The family can’t afford a lawyer to address the landlord-tenant issues. Dr. Mutrie considers writing a letter or calling the landlord, but without other resources the pleas for help fall on deaf ears.
This family’s story is not an isolated one. The healthharming effects of poverty are rampant in our community. According to the United States Census Bureau and the Urban Child Institute, the child poverty rate in Memphis is roughly double the national rate. Approximately 47% of the children in the city of Memphis live below the poverty line , and over 60% of Le Bonheur’s patient population qualify for Medicaid. From sub-standard housing to hunger and lack of access to healthy foods, the issues facing those most vulnerable – our children – can only be improved through innovative, holistic problemsolving measures. For years, administrators, doctors, and social workers at Le Bonheur dreamed of partnering with lawyers to create a medical-legal partnership to help patients and their families. As described by the National Center for Medical-Legal Partnership, medical-legal partnership (MLP) “integrates the expertise of health care, public health and legal professionals and staff to address and prevent health-harming social and legal needs for patients, clinics and populations. By partnering together, 16
health care, public health and legal institutions transform the healthcare system’s response to social determinants of health.” Two years ago, professors at the University of Memphis Cecil C. Humphreys School of Law, lawyers from Memphis Area Legal Services, Inc. (MALS), and health care professionals at Le Bonheur Children’s Hospital began discussion to fulfill that dream, and Memphis Children’s Health Law Directive (Memphis CHiLD) was born. Launched this fall, Memphis CHiLD is the first medical-legal partnership of its kind in the region. Memphis CHiLD focuses on identifying the social determinants of health while providing means to address these issues though direct legal services, education, and advocacy for children and their families in the Memphis community. What’s particularly unique to Memphis CHiLD is the collaboration between three established community institutions: a law school, a legal services provider and a children’s hospital. Le Bonheur houses the office space for an on-site legal clinic where MALS attorney, Cedric Harris, and social worker, Lydia
Walker, are embedded to provide direct legal services. Le Bonheur has also dedicated a portion of Dr. Lauren Mutrie’s time as a medical champion for the partnership. The University of Memphis Cecil C. Humphreys School of Law has brought on a new professor, Janet Goode, to direct the medical-legal partnership clinic (MLP Clinic) and to supervise the work of law students who will also provide direct legal services. The collaborative work of Memphis CHiLD provides a unique opportunity for both law and medical students to gain vital interdisciplinary skills in a competitive and changing market. To complement their casework, Memphis Law students participate in weekly classroom sessions designed to explore the legal services they are providing, the legal, policy and ethical issues that affect patients' health, and the ways in which health outcomes and health care access for low-income children
can be enhanced by bringing together health and legal professionals. Memphis Law students engage in a series of ongoing interactions not only with their professor, but also with the attorney and social work team that MALS has devoted to the Memphis CHiLD, as well as doctors, residents, medical school students, social workers, and other Le Bonheur faculty and staff. Medical students and health professionals also have access to the clinic and participate in Memphis CHiLD training sessions and learning opportunities, including attending joint class sessions with Memphis Law students. In addition to training lawyers and doctors to work together in the quality provision of care for individual cases, one of the long-term goals for Memphis CHiLD is to identify patterns in casework to effectuate greater, systemic change. Memphis CHiLD will develop recommendations for adapting clinic practice and 17
hospital policies to better respond to patients’ healthharming social conditions, and will seek to engage in policy and regulatory advocacy and reform. Another long-term goal is to develop a network of pro bono attorneys who will take case referrals from Memphis CHiLD to help an even greater number of
children and families in need. Slightly changing the now popular African proverb, “It takes a village to care for and nurture a child,” Memphis CHiLD is privileged to be part of that village. We look forward to others from the legal and medical communities joining us in this transformative work. t
Profiles of the Interdisciplinary Memphis CHiLD Team: Memphis Area Legal Services Inc. BRUCE CEDRIC HARRIS is a 15-year staff attorney with Memphis Area Legal services, and a legal practitioner for over 25 years. Cedric has practiced in the areas of consumer, education, housing, and family law. Cedric brings a vast experience, from the private sector to governmental agencies such as the Department of Human Services and the Office of the Secretary of State. Cedric has been assigned to Memphis CHiLD in an effort to expand the mission of MALS to provide services to those in need of advocacy and legal representation. MALS is excited to extend its footprint into the local health care community and outreach to identifiable vulnerable populations. He is a graduate of Mississippi College and the University of Mississippi School of Law. LYDIA WALKER is a social worker at Memphis Area Legal Services who has engaged with families and children for the past 20 years in various settings. Her BS is in psychology where she recognized her passion was to be more diverse and is expecting to receive her Masters in Social Work this month from the University of Memphis moving towards her fulfilling her dream of becoming a licensed social worker. Lydia’s background includes counseling youth groups and adults involved in trauma with a focus on domestic violence. Lydia joined the MALS team as Coordinator of the Opportunity Plus Program that offers support and case management to those who are leaving or have left a domestically abusive relationship. Lydia sees empowering people to move forward with their life’s dreams and joining the MLP staff embraces this aspiration.
18
The University of Memphis Cecil C. Humphreys School of Law JANET GOODE is a Visiting Assistant Professor of Law and director of the Medical-Legal Partnership Clinic. Janet brings broad litigation and legal services experience. Most recently Janet served as the first Executive Director of Christian Legal Aid of Pittsburgh (CLA) and was the recipient of the 2013 Lorraine M. Bittner Public Interest Attorney Award and the 2014 Pennsylvania Bar Association Civil Legal Aid Attorney Award for her work with CLA. Following graduation from Stanford Law School, Janet clerked for the Hon. Keith P. Ellison in the United States District Court in the Southern District of Texas. She then served as an Assistant District Attorney at the New York County District Attorney’s Office before joining Kirkpatrick & Lockhart Preston Gates Ellis LLP (now K&L Gates).
Le Bonheur Children’s Hospital LAUREN MUTRIE, MD, MSC is an Assistant Professor of Pediatrics at Le Bonheur Children’s Hospital and Medical Champion for Memphis CHiLD. Prior to moving to Memphis in 2013, she was a Global Health Corps pediatrician in Swaziland with the Baylor International Pediatric AIDS Initiative. She completed medical school and pediatric residency at Emory University, and received her MSc in the Control of Infectious Disease from the London School of Hygiene and Tropical Medicine. Her academic interests are in global maternal-child health, child advocacy, and health disparity. Her clinical work and research interests have focused on improving pediatric health outcomes in resource-poor settings through provision of sustainable, evidence-based, community-driven medical services.
What’s in Your
Life (Equity) Account?
I
By C. BARRY WARD
f you are a local attorney, but not yet in your 60’s, this article may not be for you.
If you are, then return with me to those days of yesteryear for a moment. We were all young, inexperienced, and untried – but Memphis Law was booming. The 100 North Main Building was full of small law offices; George’s and David’s was packed every day at lunch; the wonderful Erica’s was open, while the Little Tea Shop was always overflowing; some of us saw Commerce Square come out of the ground. Our leaders and mentors were real, larger than life, and at their best. Frank Glankler, John Heiskell, Lucius Burch, Jim Causey, Jim Manire, Tom Prewitt, Sr., Leo Bearman, Sr., Frank Crawford, Judge Bailey Brown, Judge Jim Thorpe, Judge Odell Horton, Judge Otis Higgs, Jerry Turner, Judge HT Lockhard, Judge Bill O’Hearn, were all moving the law. Everyone was always busy. The courts seemed overwhelmed at times with the volume. This is just a sampling of the wonderful participants of yesteryear. They were Giants to us. We said goodbye to one of the best we had last month – Jim Causey. Dan Taylor and David Caywood gave a moving tribute to Jim, full of really funny episodes and stellar acknowledgements and accolades won by Jim. Jim was one of those able lawyers always willing to help other lawyers. He was there in a time of need, for many attorneys.
Causey, without blinking an eye, looks up and says, “I’ll be damned. This is the first time I ever killed a duck that was flying upside down.” These men were quick witted, and all had a sense of humor. Dan’s and David’s tribute evoked many good memories for those in the audience. It has been written we should recall our memories and relish them, because we are the only ones who can do so, they are our memories, and because by doing so we are able to take stock of the equity in our lives. That is key. In the 23 Psalm, David wrote, “He restoreth my soul.” If David’s soul needed restoring from time to time, I am sure mine does too. By recalling the good memories of our lives, we find we are also restored. With their tribute to Jim Causey, Dan Taylor and David Caywood helped to restore a lot of souls that day. Barry Ward is a partner in the firm of Ballin Ballin & Fishman, PC where he practices in the areas of business and construction contract litigation and intellectual property. He received his B.A. from Rhodes College and his J.D. from The University of Memphis School of Law.
One story shows Jim’s quick and ready wit. Once while duck hunting in Arkansas, Frank Glankler and Jim were teasing each other about who was the better shot. They finally agreed that the next duck that they killed, would decide the issue. Causey was on one side of a small slough, and Glankler was on the other. If the duck had pellets on the left side, Glankler was the one that fired the shot, as Causey was on the right. Next, a wood duck comes flying straight down the middle of the slough. Both men fired at about the same time. Upon retrieving the duck, it clearly bore evidence of pellets on the left side of its head. Glankler, grinning, looks up and says, “Well, Causey, what do you say about that?” 19
COURT REPORT
THE
by DEAN DECANDIA
CRIMINAL COURT—Covers the weeks of Sept 14 to Nov 30, 2015 COURT
JUDGE
DIV. I
SKAHAN
1. STATE V. DAVID BANKS: Trial from Sept 14 to 17. Indicted for Rape of a Child, Criminal Attempt: Rape of a Child, 2 counts of Aggravated Sexual Battery. Verdict: Guilty of Child Abuse, 2 counts of Aggravated Sexual Battery. Prosecution: Josh Corman. Defense: Kamilah Turner, Barbara Sidelnick. 2. STATE V. ANTWAN WALKER: Hon. Terry Lafferty (ret.) presiding. Trial from Oct 5 to 7. Indicted for Aggravated Burglary, Theft of Property ≤ $500, Evading Arrest. Verdict: Guilty of Facilitation: Aggravated Burglary, Theft of Property ≤ $500, Evading Arrest. Prosecution: Sam Winnig. Defense: Ben Baker. 3. STATE V. ERIC MILON: Trial from Dec 2 to 4. Indicted for 2 counts of Convicted Felon in Possession of a Firearm. Verdict: Guilty as indicted. Prosecution: Muriel Malone. Defense: Taurus Bailey.
DIV. II
WRIGHT
1. STATE V. RICO HUEY, KARLOS THIRLKILL: Trial from Oct 12 to 15. Both defendants indicted for Aggravated Robbery. Verdict: Both defendants found guilty as indicted. Prosecution: Muriel Malone. Defense: Varonica Cooper (Huey), Eric Mogy (Thirlkill). 2. STATE V. COURTNEY IRBY: Trial from Oct 26 to 28. Indicted for Aggravated Robbery, Aggravated Assault-acting in concert, 2 alternative counts of Aggravated Burglary-acting in concert, Employment of a Firearm During the Commission of a Dangerous Felony. Verdict: Not guilty on all counts, except one count of Aggravated Burglary, on which the jury hung. Prosecution: Austin Scofield. Defense: James Wright. 3. STATE V. ANTHONY JOHNSON: Trial from Nov 23 to 25. Indicted for Aggravated Assault. Verdict: Not guilty. Prosecution: Bo Summers. Defense: Larry Fitzgerald.
DIV. III
CARTER
1. STATE V. DEWAYNE JONES: Trial from Sept 14 to 16. Indicted for Aggravated Assault. Verdict: Guilty as indicted. Prosecution: Carrie Shelton, Kenya Smith. Defense: John Dolan. 2. STATE V. JUSTIN HUBBARD: Trial from Sept 21 to 24. Indicted for Aggravated Robbery, Employment of a Firearm During the Commission of a Dangerous Felony, Bribing a Witness. Verdict: Not guilty. Prosecution: Bridgett Stigger. Defense: Larry Fitzgerald, Jennifer Fitzgerald. 3. STATE V. WILLIAM LANGSTON: Trial from Oct 5 to 9. Indicted for 1st Degree Premeditated Murder. Verdict: Guilty of 2d Degree Murder. Prosecution: Marianne Bell, Danielle McCollum. Defense: Howard Manis. 4. STATE V. ANTHONY THOMPSON: Trial from Oct 13 to 15. Indicted for 1st Degree Premeditated Murder. Verdict: Guilty as indicted. Prosecution: Ray Lepone. Defense: John Holton. 5. STATE V. VINTONII CHASE: Trial from Nov 9 to 12. Indicted for 1st Degree Premeditated Murder, Employment of a Firearm. Verdict: Not guilty. Prosecution: Tracye Jones, Bryce Phillips. Defense: Daniel Hamilton. 6. STATE V. DERRICK PIERCE: Trial from Nov 30 to Dec 2. Indicted for Conspiracy: Possession of Cocaine ≥300 g. with Intent to Sell/Deliver (alternative counts). Guilty plea as indicted during trial. Prosecution: Paul Hagerman. Defense: Patrick Brooks, Ruchee Patel.
DIV. IV
BLACKETT
DIV. V
LAMMEY
20
VERDICT
NO JURY TRIALS TO COMPLETION THIS PERIOD. 1. STATE V. ERIC SIMS: Trial from Sept 28 to Oct 2. Indicted for 1st Degree Premeditated Murder. Verdict: Guilty as indicted. Prosecution: Neal Oldham, Ray Lepone. Defense: Joseph McClusky, Chelsea Harris. 2. STATE V. RODNEY SMITH: Trial from Oct 12 to 14. Indicted for Especially Aggravated Robbery, Aggravated Burglary, 2 counts of Convicted Felon in Possession of a Firearm. Verdict: Guilty as indicted. Prosecution: Bryce Phillips, Ann Schiller. Defense: Coleman Garrett. 3. STATE V. DANIEL NESBIT: Trial from Oct 26 to 30. Indicted for 1st Degree Murder During the Perpetration of Robbery, Criminal Attempt: Especially Aggravated Robbery. Verdict: Guilty as indicted. Prosecution: Glen Baity, Bryce Phillips. Defense: Paul Springer. 4. STATE V. BRASHARD GIBBS, CARLOS KEY, DEREDIOUS OTIS: Trial from Nov 2 to 6. All three defendants indicted for 1st Degree Murder, 2 counts of Criminal Attempt: 1st Degree Murder; Key indicted for two additional counts of Employment of a Firearm During the Commission of a Dangerous Felony. Verdict: All three defendants found guilty as indicted. Prosecution: Neal Oldham, Ray Lepone. Defense: Art Horne (Key), Eric Mogy (Gibbs), Scott Hall (Otis). 5. STATE V. RODRIQUEZ HENLEY: Trial from Nov 16 to 19. Indicted for Aggravated Robbery. Verdict: Guilty as indicted. Prosecution: Katie Ratton. Defense: Mark Mesler. 6. STATE V. ROGER REED: Trial from Nov 30 to Dec 3. Indicted for Criminal Attempt: Carjacking, Employment of a Firearm During the Commission of a Dangerous Felony, 2 counts of Aggravated Assault. Verdict: Not guilty. Prosecution: Sam Winning, Glen Baity. Defense: Juni Ganguli.
CRIMINAL COURT—Covers the weeks of Sept 14 to Nov 30, 2015 COURT
JUDGE
VERDICT
DIV. VI
CAMPBELL
1. STATE V. ANTWION DOWDY: Trial from Sept 14 to 18. Indicted for 1st Degree Premeditated Murder. Verdict: Guilty as indicted. Prosecution: Paul Hagerman, Tracye Jones. Defense: Ed Lenow. 2. STATE V. COURTNEY FIFER: Trial from Sept 21 to 24. Indicted for 1st Degree Murder, Employment of a Firearm During the Commission of a Dangerous Felony. Verdict: Guilty as indicted, Employment of Firearm charge dismissed as a matter of law. Prosecution: Kirby May. Defense: Terrell Tooten. 3. STATE V. MARCUS PUCKETT: Trial from Oct 12 to 14. Indicted for DUI with BAC ≥ .20, Reckless Driving. Verdict: Guilty as indicted. Prosecution: Michael McCusker. Defense: Claiborne Ferguson. 4. STATE V. THOMAS PACK: Trial from Nov 30 to Dec . 1. Indicted for 2 counts of Aggravated Robbery. Mistrial. Prosecution: Lessie Rainey, Sarah Poe. Defense: Neil Umsted.
DIV. VII
COFFEE
1. STATE V. NICHOLAS AUGUSTUS, HEATH BELL: Trial from Sept 14 to 20. Both defendants indicted for 1st Degree Premeditated Murder, 1st Degree Murder During the Perpetration of Criminal Attempt: Aggravated Robbery, Employment of a Firearm During the Commission of a Dangerous Felony. Verdict: Bell found guilty as indicted. Augustus found not guilty. Prosecution: Colin Campbell, Sam Winnig. Defense: Michael Burton (Bell), Bill Massey (Augustus). 2. STATE V. CORDERIOUS CORLEY: Trial from Sept 28 to Oct 2. Indicted for Criminal Attempt: 2d Degree Murder, Aggravated Assault, Vandalism ≥ $10,000. Verdict: Guilty of misdemeanor Reckless Endangerment, Reckless Aggravated Assault, Vandalism ≥ $10,000. Prosecution: Glenda Adams, Gavin Smith. Defense: John Dolan.
DIV. VIII
CRAFT
1. STATE V. ALEXANDER PHILEMON: Trial from Sept 14 to 16. Indicted for Theft of Property ≥ $1,000. Verdict: Guilty as indicted. Prosecution: Chris Lareau. Defense: William Johnson. 2. STATE V. DONDRE JOHNSON: Trial from Sept 21 to 24. Indicted for 1st Degree Murder During the Perpetration of Attempted Robbery. Verdict: Guilty as indicted. Prosecution: Ray Lepone, Reggie Henderson. Defense: Constance Barnes. 3. STATE V. REGINALD GRANDBERRY: Trial from Oct 5 to 8. Indicted for 2 counts of Sexual Battery by an Authority Figure. Nolle prosequied during trial. Prosecution: Carla Taylor. Defense: Jim Hale. 4. STATE V. CURTIS MORRIS: Trial from Oct 12 to 16. Indicted for 1st Degree Murder During the Perpetration of Aggravated Child Abuse, 1st Degree Murder During the Perpetration of Aggravated Child Neglect, Aggravated Child Abuse, Aggravated Child Neglect. Verdict: Guilty as indicted. Prosecution: Carrie Shelton, Cavett Ostner. Defense: Art Horne, Murray Wells, Carlissa Shaw. 5. STATE V. JAMEL JONES: Trial from Nov 2 to 5. Indicted for Aggravated Robbery, Aggravated Burglary, 3 counts of Aggravated Assault, Employment of a Firearm During the Commission of a Dangerous Felony. Verdict: Not guilty. Prosecution: Melanie Cox. Defense: Linda Garner. 6. STATE V. LAVELLE MOORE: Trial from Nov 30 to Dec 2. Indicted for 2 counts of Theft of Property ≥ $1,000. Verdict: Guilty as indicted. Prosecution: Chris Lareau. Defense: John Dolan.
DIV. IX
WARD
1. STATE V. DOYAN ANDERSON: Trial from Sept 14 to 16. Indicted for 2 counts of Aggravated Assault, Domestic Assault, Convicted Felon in Possession of a Firearm. Verdict: Guilty of 2 counts of Aggravated Assault, Domestic Assault. Prosecution: Danielle McCollum, Jamie Kidd. Defense: Rob Felkner. 2. STATE V. BOBBY LYNN: Trial from Sept 21 to 23. Indicted for Aggravated Robbery, Aggravated Assault. Verdict: Not guilty. Prosecution: Greg Gilbert, Omar Malik. Defense: Terita Hewlett. 3. STATE V. RICHARD PARSONS: Trial from Oct 12 to 14. Indicted for Domestic Assault. Verdict: Not guilty. Prosecution: Greg Gilbert, Sarah Poe. Defense: Steven Roberts. 4. STATE V. ROBIN BASS: Trial from Oct 26 to 29. Indicted for 1st Degree Premeditated Murder. Verdict: Guilty as indicted. Prosecution: Pam Fleming, Ray Lepone. Defense: Jim Hale, Patrick Newport. 5. STATE V. NATHANIEL HARRIS: Trial from Nov 2 to 5. Indicted for Criminal Attempt: 2d Degree Murder, Aggravated Assault (alternative count), Employment of a Firearm During the Commission of a Dangerous Felony, 3 counts of Convicted Felon in Possession of a Firearm. Verdict: Not guilty. Prosecution: Omar Malik, Steve Ragland. Defense: Paul Springer. 6. STATE V. JOHN FREITAS: Trial from Nov 9 to 11. Indicted for Aggravated Assault, Domestic Assault. Verdict: Guilty of Assault, Domestic Assault. Prosecution: Omar Malik, Jamie Kidd. Defense: Trent Hall. 7. STATE V. ALLAN BARROW: Trial from Nov 16 to 18. Indicted for Vandalism ≥ $1,000, Domestic Assault, Theft ≤ $ 500. Verdict: Guilty of Vandalism ≥ $500, Domestic Assault. Prosecution: Nicole Germain, Stephen Barnes. Defense: William Yonkowski. 8. STATE V. BENJAMIN GUNN: Trial from Nov 30 to Dec 2. Indicted for Possession of Cocaine with Intent to Deliver/Sell (alternative counts). Verdict: Guilty as indicted. Prosecution: Meghan Gibson. Defense: Pro Se.
DIV. X
BEASLEY
1. STATE V. CHRISTOPHER BOSTICK: Trial from Sept 14 to 17. Indicted for Rape of a Child, Aggravated Sexual Battery. Verdict: Guilty as indicted. Prosecution: Jessica Banti, Lessie Rainey. Defense: Greg Carman, Jay Coleman. 2. STATE V. ROY ROBINSON: Trial from Nov 16 to 19. Indicted for 1st Degree Premeditated Murder. Verdict: Guilty of 2d Degree Murder. Prosecution: Tracye Jones, Ann Schiller. Defense: Amy Mayne, Michael Johnson.
21
Circuit Court Report
DIV 1: FELICIA CORBIN-JOHNSON CT-002692-12, 10-1-15: Marriann L. Hollis v. Bryan K. Davis, Homer Fultonand Rainbow Pest Control, Inc., Auto Accident, Jury, Kimberly Schuerman Smith for Plaintiff, Robert L. Moore for Defendant, Plaintiff Verdict for $55,000.00. CT-006038-08, 10-5-15: Grosman Global, Inc. d/b/a American Precious Metals v. Crown Jewelry, Inc. and Thoeurn Chan, Breach of Contract, Non-Jury, Andre Mathis for Plaintiff, John McCann for Defendant, Defense Verdict on counterclaim for $10,177.34.
DIV 2: JAMES F. RUSSELL No contested trials this reporting period.
DIV 3: D'ARMY BAILEY No contested trials this reporting period.
DIV 4: GINA C. HIGGINS CT-000166-15, 9-21-15: Valerie Robinson on Behalf of Jada Lester v. William Myers, Auto Accident (Trial on Damages Only), Jury, James E. Blount, IV for Plaintiff, Nicholas J. Owen, Jr., Defense Verdict.
DIV 5: RHYNETTE HURD CT-004966-10, 8-28-15: Unique Properties, Inc. v. Mel Doris and Elizabeth Riley, Individually and d/b/a Desoto County Hardwood Floor Company, Fire Loss – Negligent Construction, Jury, Russell E. Reviere and Jonathan Stewart for Plaintiff, Andrew H. Owens for Defendants, Plaintiff Verdict for $281,473.56 CT-000467-14, 8-21-15: River Tower at South Bluffs, a Condominium Homeowners Association, Inc. v. Keisha Richardson, Breach of Contract, Non-Jury, Brandon F. McNary for Plaintiff, George Norton for Defendant, Plaintiff Verdict for $4,302.03.
DIV 6: JERRY STOKES CT-000378-14, 4-21-15: Valerie L. Hensley v. Joshua E. Glass and Mark Glass, Auto Accident, Jury, Jennifer L. Miller for Plaintiff, William D. Mongtomery for Defendants, Plaintiff Verdict for $20,000.00 (Stipulated Liability, Trial on Damages Only). 22
CT-001401-12, 8-7-15: Willie James Johnson v. Larry M. Walker, M.D. and L.M. Walker and Associates, P.C., Med Mal, Jury, Robert L. J. Spence, Jr. and Halbert E. Dockins, Jr., for Plaintiff, Christopher L. Vescovo and Claire M. Cissell for Defendants, Mistrial – Hung Jury. CT-002148-14, 8-27-15: Ramco v. Sharon Fischer, Breach of Construction Contract, Non-Jury, Edwin C. Lenow for Plaintiff, Kevin A. Snider for Defendant, Judgment for Defendant, Plaintiff keeps the $1,500.00 deposit, Lien removed from real property. CT-001069-13, 7-15-15: Corina T. Echels, Individually and as Parent and Legal Guardian of Christopher Chapman, a Minor, Travis Jackson and Mary Odom, Individually and as Legal Guardian of Brianna N. Chism, a Minor, GTLA (Auto Accident), Non-Jury, Adam H. Johnson for Plaintiffs, and Phillip Oliphant for Defendant, Plaintiff Verdict: Corina Echels - $27,766.00, Christopher Chapman - $19,000.00, Brianna Chism - $26,000.00, Travis Jackson - $11,750.00.
DIV 7: DONNA M. FIELDS CT-005358-13, 2-2-15: Jeremy T. Sparks v. Kristian A. Tipton, Auto Accident, Jury, William T. Hackett for Plaintiff, Craig B. Flood, II, for Defendant, Plaintiff Verdict for $17,928.00 (Gross Verdict of $21,600.00, 83% fault to Defendant, 17% fault to Plaintiff). CT-004446-09, 7-9-15: Barbara Johnson v. Focus Placement and Treatment Services, Inc., Corey Johnson and Michael Smith, Non-Jury, James R. Becker, Jr., for Plaintiff, Michael Don Harrell for Defendant, Verdict for Plaintiff for $2,500.00.
DIV 8: ROBERT S. WEISS CT-000083-13, 9-9-15: Nance Marquis, Individually and as Surviving Spouse of Thomas Marquis, Deceased v Albert Louis Bean, Jr., M.D., and Methodist Emergency Physicians, PLLC Med Mal, Jury, Michael Skouteris and William B. Walk, Jr., for Plaintiff, Michael L. Robb and Andrea Malkin for Defendants, Defense Verdict. CT-004371-10, 8-6-15: Rebecca J. Abernathy v. Gregory Nail and Lachanda J. Littlejohn, Auto Accident, Jury, Louis P. Chiozza, Jr., and Jack Leach for Plaintiff, Sam R. Marney, III for Defendant, Plaintiff Verdict for $19,626.30 (Medical Expenses: $4,626.30; Non-economic damages: $15,000.00).
CT-004491-11, 11-10-15: Custom Curb and Edging, Inc. v First Citizens Bank and Jackie Welch d/b/a Welch Realty Company, Breach of Contract, Non-Jury, Adam M. Nahmias for Plaintiff, David Douglas for Defendant, First Citizens Bank, Welch discharged in bankruptcy, Judgment for Defendant. CT-002549-14, 9-4-15: Tiska Guess and Eddrick Fischer v. Paul James Springer, Jr., Individually and Springer and Associates , Legal Malpractice, Non-Jury, Tim Edwards for Plaintiff, Paul James Springer, Sr., Pro Se, Plaintiff Verdict on Writ of Inquiry for $3,205,081.00.
DIV 9: ROBERT L. CHILDERS CT-003192-12, 7-23-15: Jami Logian a/k/a Jami Logian Gobea . v. Lee R. Morisy, M.D., Diane Jalfon, Administrator for Estate of Isaac M. Jalfon, M.D., Deceased, and Gastrointestinal Specialists, P.C., Med Mal, Jury, Louis P. Chiozza, Jr., for Plaintiff, Jerry E. Mitchell and Christopher B. Sullivan for Defendant – Jalfon, Katherine M. Anderson and Karen S. Koplon for Defendant – Morisy, Defense Verdict. CT-002279-14, 11-3-15: Cassandra Holland v. John Tyler Medling, Individually, Michael Medling, Individually and as Parent and Guardian of John Tyler Medling, a Minor, Auto Accident, Jury, Kimberly Schuerman Smith for Plaintiff, Dawn Davis Carson, Russell B. Jordan, Hal S. Spragins, Jr., for Defendant, 51% Fault to Plaintiff and 49% Fault to Defendant, Defense Verdict CT-001957-13, 9-22-15: Dennis Rightor v. Patricia J. Dabney, Auto Accident, Jury, Michael Skouteris for Plaintiff, Andrew H. Owens for Defendants, Plaintiff Verdict for $63,750.00 (Gross Verdict of $75,000.00, 85% fault to Defendant, 15% fault to Plaintiff). CT-000269-12, 8-3-15: Lorrie Stewart v. City of Memphis, GTLA (Pot Hole), Non-Jury, Danese Banks and Ursula Holmes for Plaintiff, Barbaralette G. Davis for Defendant, Defense Verdict. CT-000426-12, 8-17-15: Sharon Stewart v. City of Memphis, GTLA (Auto Accident), Non-Jury, Sam Fargotstein for Plaintiff, Carlos A. Bibbs for Defendant, Defense Verdict. CT-005058-12, 8-12-15: David C. Jayne v. Bass Annie Cosmetic Boat Repair, Breach of contract (Boat Repair), Non-Jury, Scott A. Kramer for Plaintiff, Charles E. Hodum for Defendant, Defense Verdict on counterclaim for $6,495.00. CT-003312-13, 10-12-15: Maurice Walker v. City of Memphis, GTLA (Auto Accident), Non-Jury, Martin R. Kriger for Plaintiff, Sharon L. Petty for Defendant, Plaintiff Verdict for $6,739.00
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MAKING ACCESS TO JUSTICE A REALITY
t has been a long and rewarding journey for Memphis Area Legal Services (MALS) as the firm celebrates its 45th year of serving individuals and communities in Shelby, Fayette, Lauderdale and Tipton Counties. Throughout these years, our Board of Directors, staff and volunteers have demonstrated an undiminished capacity to give life to our vision and mission statements. As a nonprofit, legal services organization, MALS is often the only resource that individuals and families can turn to when they face barriers that can have a catastrophic impact on their lives. Justice for those in need is our vision. However, justice cannot be guaranteed when so many members of our community lack access to skilled, civil, legal advocacy. Although it may not be easy for everyone to understand how important access to our court system is or how quality legal advice and representation can impact one’s personal stability, but we do. In our service area, the statistics regarding poverty are staggering. In 2014, Memphis was number one in overall poverty and child poverty when compared to other metropolitan statistical areas with populations over 1 million. In Shelby County, 20.8% of individuals live below the poverty line. In the rural counties of Fayette, Lauderdale, and Tipton, the numbers are 14%, 26% and 13.4% respectively. These harsh economic figures are indicators of systemic issues that are facing our communities. Often, access to justice is intertwined with access to decent, affordable housing or the ability to escape domestic violence or the opportunity to overcome homelessness. Legal representation can make the difference between a mother being evicted from her home because of circumstances related to intimate partner victimization or that mother being able to maintain stable housing, employment, and her safety and that of her children. In these 45 years, MALS has been innovative by creating and implementing programs that have strengthened families and communities. Concrete examples include the first area-wide medical-legal
partnership that was borne from a collaboration between MALS and two of its strongest partners, Methodist Le Bonheur Children’s Hospital and the University of Memphis Cecil C. Humphreys School of Law. This partnership joins more than 200 similar collaborations across the country that seeks to address the legal obstacles that adversely affect the health outcomes of patients. Another is our Partnership for Educational Advocacy and Parity (PEAP), which provides training to parents and legal assistance in the areas of special education and disability law. We are also proud of one of our newest initiatives that is focused on addressing elder abuse funded by the Plough Foundation. The Supportive Services to Veterans and their Families (SSVF) is another wonderful project to address veteran homelessness. MALS has other programs in the areas of consumer law, fair housing, domestic violence, income maintenance and tax law. These are just a few examples of how MALS seamlessly integrates programs that target economic and social challenges into the areas that it serves. As stewards of this great organization, we are honored to be part of creating real solutions for those that we serve. Thanks to our Board of Directors, our dedicated staff, tireless volunteers and contributors. We also want to acknowledge our clients, who make this work possible and who place their trust in us to assist them during challenging times. Their perseverance, dignity and strength shall inspire us as we look forward to another 45 years of service and ensuring access to justice. t Sincerely,
Mary L. Wolff MALS Board President
Harrison D. McIver, III MALS Executive Director/CEO 25
2015
M
MBA ANNUAL MEETING
ore than 300 lawyers, judges, and guests gathered in the ballroom at the University of Memphis Holiday Inn to celebrate the accomplishments of the past year. International Paper received the W.J. Michael Cody Access to Justice Award from Memphis Area Legal Services. The Judge Jerome Turner Lawyer’s Lawyer Award was presented to Joe Duncan from Burch Porter & Johnson while Jennifer Hagerman, also from Burch Porter & Johnson, received the Sam A. Myar, Jr. Memorial Award. The Lawyer’s Lawyer Award is presented annually to an attorney who has been practicing for more than 15 years and who, during that David Bearman Leo Bearman Lodie Biggs Joyce Bradley Charles Brasfield Zachary Busey Luke Cantrell Thomas Cassidy Prince Chambliss Curt Collins David Cook Jake Dickerson Richard Duerr Amber Floyd Houston Gordon Nicole Grida Monice Hagler Jonathan Hancock Don Handley Whitney Harmon
time, has exhibited outstanding professionalism, civility and courtesy as set forth in the Guidelines for Professional Courtesy & Conduct. The Myar Award recognizes a young attorney who has given outstanding service to the legal profession and the community. In addition, Supreme Court Justice Holly M. Kirby recognized “Attorneys for Justice”, those lawyers who selfreported that they provided at least 50 hours of pro bono service during the past year. The goal of the Supreme Court’s recognition program is to increase statewide pro bono work to 50%. Memphis attorneys recognized were:
Justice Janice Holder Sean Hunt Sheryl Hurst Samuel Ivy Anne Johnson Mead Sheerin Mehdian Kenneth Jones James Jones Samuel Jones James Kerley Robert Kirk Joseph Kirkland George Lewis Robert Liddon Kathryn Merci Justin Mitchell Susanna Moldoveanu William O'Connor Tommy Parker Lori Patterson
Sarah Pazar Carla Peacher-Ryan Bruce Ralston Marc Reisman Madeleine Savage-Townes Amber Shaw Carlissa Shaw Jennifer Sink Alan Strain Joe Toney Gerald Waggoner LaTanyia Walker James Warner Ronda Webb-Stewart Bernie Weinman Shea Wellford Andre Wharton Mary Whitaker Matthew White Christina Zawisza
2015 MBA President Tommy Parker passed the gavel to 2016 President Shea Sisk Wellford. Earle Schwarz is the new Secretary/Treasurer. New board members are Megan Arthur, Doug Halijan, Earl Houston, Lisa Overall, Valerie Smith, and Jill Steinberg. They join returning board members Jeremy Alpert, Lara Butler, Betsy Chance, Annie Christoff, Asia Diggs, Jennifer Hagerman, Jonathan Hancock, Maureen Holland, Carrie Kerley, Andre Mathis, Gigi McGown, and Elijah Noel. Newly elected section representatives are Maggie Cooper (Litigation Section) and Sean Hunt (Sole/Small Firm Section). Section representatives appointed by their sections are Imad Abdullah (Labor & Employment Law), Stuart Canale (Health Law), Anne Davis (Family Law), and Toni Campbell Parker (Bankruptcy). t 26
2015 MBA ANNUAL MEETING
Supreme Court Justice Holly Kirby and Jennifer Hagerman
Judge George Brown and Prince Chambliss
Lawyer’s Lawyer Award recipient Joe Duncan
Judge Deborah Henderson, Linda Seely, Judge Gina Higgins and Charlotte Griffin
Nicole Grida, Jake Dickerson and Maggie Cooper
2015 President Tommy Parker and 2016 President Shea Wellford
Leo Bearman and Elijah Noel
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The New Year and a New Day at the CLC
T
by ANNE MATHES, Community Legal Center Executive Director
he end of a calendar year provides a natural opportunity for reflection on the past and hopeful expectancy for the year ahead. After practicing law for more than 30 years, I recently became the Executive Director of the Community Legal Center. When friends ask me how things are going, I tell them how much I like what I am doing, yet how hard it is. I am no stranger to hard work, and love to learn new things – which is a good thing! I am learning about the worlds of grants and donors and volunteers and fundraising – and QuickBooks and payrolls and budgets. The learning curve is steep (and I’m still learning), but as I look towards the new year, I do so with real enthusiasm and optimism.
career stages and we look forward to benefitting from their unique talents and experiences. Undoubtedly, the new year will present unexpected challenges. All nonprofits are dealing with challenges in the funding area, and the CLC is no exception. We are approaching fundraising with renewed energy, and hope to have some fun in the process with smaller, more frequent events in addition to STRUT!, our successful and much-loved major fundraiser.
As I learn more about the history of the CLC, I see so many familiar names who’ve helped our clients with pro bono commitments, and for that we are truly grateful. The need for our services is great (and growing) and we can only meet those The CLC board of directors, with needs through the efforts of pro bono the help of a professional facilitator who attorneys. We are working on a creative donated his time, developed a new threeand focused outreach to local practicing year strategic plan that will help us build attorneys in the hope of expanding our pro our capacity to better meet the growing ANNE MATHES bono attorney ranks. The types of cases and changing civil legal needs of the Midand the time commitment required vary, South’s working poor. We’re putting the final touches and we will work with you to find the type of case you on this plan with the goal of hitting the ground running are interested in, whether it be general civil, divorce or at the start of 2016. In the process, we’ll be increasing immigration; please contact us at 901-543-3395 if you staff, revamping our website and improving our software are interested. management systems. I enter the new year with gratitude and great The new year brings us a new infusion of blood for anticipation for this new phase in my professional life and our board of directors. First, our board will get new the new relationships, bonds, friendships and experiences leadership, as Jim Barry, Chief Counsel, Corporate and we’ll build as we go forward together. t Legacy Litigation at International Paper, will take over from Mary Jo Miller as our Board Chair. Jim has been After engaging in the private practice of law for more on the CLC board for several years and we look forward than 30 years, most of which were spent at Baker, to the new energy, skills and perspective he brings as the Donelson, Bearman, Caldwell & Berkowitz, P.C., Chair. We are also welcoming three new board members: Anne Mathes recently became the new Executive family law attorney, Linda L. Holmes; senior counsel Director of the Community Legal Center, a non at FedEx, Kristin Kurtz; and associate with Darker & profit legal services agency serving people of limited Associates, Erica Tamariz. These three impressive and means in Memphis and Shelby County. accomplished women join our board at three different 30
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YOUNG LAWYERS DIVISION ANNUAL MEETING
BBQ, beer, and fun was had at the MBA Young Lawyers Division Annual Meeting and Elections on Nov. 12 at Central BBQ Downtown. 2015 President Nicole Grida relinquished the reins to incoming president Jonathan May from Lewis Thomason. Adam Johnson, Nahon Saharovich & Trotz, was elected President-Elect/Vice President; board members for 2016 are Greg Allen, Law Office of Gregory D. Allen; Josh Baker and Jonathan Lindsey, Martin Tate Morrow & Marston; Natalie Bursi, Lewis Thomason; Sam Fargotstein, Ballin Ballin & Fishman; Julia Kavanagh and Mary Wu, Baker Donelson Bearman Caldwell & Berkowitz; Shayla Purifoy, Memphis Area Legal Services; and William Terrell, Glassman Wyatt Tuttle & Cox. Judge Rhynette N. Hurd, Circuit Court Division 5, received the Chancellor Charles A. Rond for outstanding jurist. A check for $3,000, proceeds from the YLD Golf Tournament in September, was presented to the Downtown Boys & Girls Club.
Adam Johnson and Valerie Smith
Nicole Grida and Antonio Harris with the Boys & Girls Club
Nicole Grida and Judge Rhynette Hurd 32
Nick Margello, Danielle Richter & Blair Chilton
Nicole Grida and Jonathan May, 2016 YLD President
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AMY J. AMUNDSEN, partner at the law firm of Rice Amundsen & Caperton, PLLC, authored two scholarly articles that were published in two different prestigious national journals. Removing the Parachute: Recent Trends in Alimony GABRIEL MCGAHA has joined Fisher & Phillips LLP as an Modification Part I and II was published in the American associate attorney in the firm’s Memphis office. His practice Journal of Family Law, Vol. 29, No. 3, and Balancing the Court’s will focus on advice and counsel in labor and employment Parens Patriae Obligations and the Psychologist-Patient Privilege law, representing public in Custody Disputes, was 1 2 3 4 and private companies recently published in the in a broad spectrum of Journal of the American em p l oy m e nt - re lated Academy of Matrimonial issues. Lawyers, Vol. 28, No. 1. A cum laude ERIN ENGLAND has graduate of Dickinson joined the law firm of College in Carlisle, Crone & McEvoy as staff 5 6 7 8 PA and the University attorney. She earned her of Memphis Cecil C. undergraduate degree in Humphreys School of history from Lambuth Law, Amundsen has University in Jackson, practiced in Memphis TN where she also for 27 years primarily minored in education. in the area of family She went on to earn her law. She is a Diplomate 9 J.D. from the Cecil C. of the American 6. Aaron W. Munn 1. David A. Ratton Humphreys School of College of Family Trial 7. Cong “Connie” Ding 2. Gabriel McGaha Law at the University of Lawyers, Fellow in the 8. Kyle M. Wiggins 3. Blair B. Evans Memphis. American Academy of 9. Jill M. Steinberg 4. Amy J. Amundsen Matrimonial Lawyers BLAIR B. EVANS 5. Marc J. Adesso and Fellow in the has been named chair International Academy of Baker Donelson’s of Matrimonial Lawyers. Auto Finance Team, a multidisciplinary team of attorneys serving the auto industry MARC J. ADESSO and AARON W. MUNN have joined financial sector. She is of counsel in the firm’s Memphis Baker Donelson’s Corporate Finance and Securities Group as office practicing in the areas of creditors’ rights, collections associates in the firm’s Memphis office. Adesso concentrates and business litigation. Her experience includes representing his practice on securities, corporate financial and business major automotive and commercial equipment creditors, transactions, including mergers and acquisitions. He is also banks, credit unions and nonbank auto finance companies in a member of the firm’s Global Business Team and advises replevin, government seizure and collection actions in state international clients in various aspects of transactional and federal courts. DAVID A. RATTON has joined Apperson Crump, PLC as of counsel. He focuses his practice in the areas of commercial financing, corporate and business law.
If you are a 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. Talks, speeches, CLE presentations and political announcements are not accepted. In addition, we will not print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers). Notices must be submitted in writing and 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 sklarson@memphisbar.org.
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matters. He is a graduate of Marquette University School of Law and New York University. Munn focuses his practice on transactional matters including mergers and acquisitions and due diligence associated with related transactions. He also has experience in commercial real estate transactions and has worked with clients in a variety of industries, including health care and sports. A graduate of Loyola University of New Orleans College of Law, he received his Master of Laws in Taxation from Southern Methodist University Dedman School of Law. MCDONALD KUHN, PLLC is pleased to announce that Matthew R. Macaw, an associate attorney with the firm, is now a Rule 31 Listed Mediator in the field of family mediation. He will be mediating family law matters in Shelby, Fayette and Tipton Counties. He graduated from Auburn University (B.A., magna cum laude) in 2006, and the University of Mississippi School of Law (J.D., cum laude, 2010). CONG “CONNIE” DING has joined Baker Donelson’s Intellectual Property Group as of counsel in the firm’s Memphis office. Ding, a registered U.S. patent attorney with medical and life science experience, concentrates her practice in intellectual property and health care law.
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KYLE M. WIGGINS was named Senior Director and Operations Counsel for Kindred Rehabilitation Services, a division of Kindred Healthcare, Inc., in Louisville, KY. Wiggins is 2004 cum laude graduate of The University of Memphis School of Law. He previously worked as an attorney at Baker Donelson Bearman Caldwell & Berkowitz and Lewis Thomason, and operated his own law firm in Memphis. JILL M. STEINBERG of Baker Donelson has been elected a member of the Tennessee Chapter of the American Board of Trial Advocates (ABOTA), a national association of experienced trial lawyers and judges dedicated to the preservation and promotion of the civil jury trial right provided by the Seventh Amendment to the U.S. Constitution. A shareholder in the firm’s Memphis office, Steinberg concentrates her practice in litigation with significant experience in medical malpractice, nursing home liability, products liability, premises liability, automobile liability, and toxic tort. She is former chair of Baker Donelson’s Women’s Initiative Committee and a recipient of the firm’s Susan E. Rich Award for excellence in promoting and supporting the advancement of women in the legal profession. t
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experience, Knowledge, integrity‌ George Brown and James Lockard are highly effective mediators who have helped parties resolve hundreds of civil matters through the mediation process. Both employ a combination of facilitative and evaluative mediation styles. Each has completed state certified 40-hour mediation and advanced mediation training courses, and are approved Rule 31 mediators. Their background, experience and skill make them very successful mediators with a proven track record for resolving cases. Hon. George H. Brown, Jr. (ret)
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CLASSIFIED ADVERTISEMENTS OFFICE SPACE Downtown Law Offices—Executive Office Center at Peabody Place—119 S. Main Street, Suite 500, Memphis, TN 38103. Our lease terms are flexible allowing you to rent by the hour, day, month or year. All the services that you need are available including: administrative/secretarial service, T1 high-speed Internet access, notary, telephone service, furniture, information technology services/consulting and conference rooms. The executive suite concept allows you to do business in a cooperative environment without having fixed monthly overhead, by eliminating the distractions and time-consuming business decisions such as office administration and equipment leases. If you want to create a professional appearance for your business, but you are not ready to lease an office, take a look at our business identity packages. For as little as $150 per month you can have the appearance of a professional office. Contact Beverly Johnson, 901.312.5500, beverly@executiveofficecenter.com. Office Space — Germantown (east side) — Ideal for law firm. Currently a bank branch. Beautiful first floor space with private office, conference room and space that could be separated into additional private offices. Warm wood trim and fireplace on first floor. Stairs with outside and inside access to second floor. Open space to be partitioned as needed with two (2) private offices. Kitchen and eating areas also on second floor. Ample convenient parking. Call 316.2214. Legal office in historic district of memphis for rent. Walking distance to Juvenile Court. Shared receptionsit, phone, and conference rooms. Free parking. Only 2 offices left. Call or text 901-240-0724.
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Office Space-2157 Madison Ave. Super nice building with six solo practice law firms. Two office suite available now. Great location adjacent to Overton Square. For more info: www.memphisexecsuite.com Contact Sharon Younger 901-276-9323.
PROFESSIONAL SERVICES Attorney Sheree L. Hoffman, All Mediation Services, Tennessee Supreme Court Rule 31 Listed for Civil and Family Law Mediations. Will travel to Counties adjacent to Shelby County. www.memphisdivorcehelp.com. 901.754.9994. Forensic Psychological Consultations. Competency, criminal responsibility, personal injury, and child custody. Attorney consultations and expert witness services. F.A. Steinberg, Ph.D., FACFP, 532 Monteigne Blvd., Memphis, TN 38103. Board certified fellow in forensic psychology. 901.527.3737. James E. Bingham, Mediation And Arbitration. 25 years’ litigation experience in business, domestic, and probate. Rule 31 listed. 901.525.8601.
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