Memphis Lawyer Volume 33, Issue 6

the magazine of the Memphis Bar Association

Vol. 33, Issue 6

THIS ISSUE:

The Professional Odyssey Litigation Finance as a Business Development Tool

Mentors – The Judicial Perspective

Memphis Group Brings Back the “Law School for Journalists

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Volume 33, Issue 6

FEATURES 8

The Professional Odyssey

9

Mentors – The Judicial Perspective

BY DAVID M. COOK

BY JUDGE ROBERT L. CHILDERS

13 Memphis Group Brings Back the “Law School for

Journalists”

BY LURENE KELLEY

16

Litigation Finance as a Business Development Tool

18

Creating Rules in Outlook

BY DONALD E. VINSON, PH.D.

BY SEAN ANTONE HUNT

23 Memphis Bar Association Annual Meeting

and 2017 Officers and Board

COLUMNS 6

President’s Column

BY SHEA SISK WELLFORD

26 Pro Bono for Senior Lawyers: Good for You,

Good for the Community

BY ANNE MATHES

28 MALS Corner: “The Arc of The Moral Universe is long,

but bends towards Justice”

BY HARRISON D. MCIVER III

DEPARTMENTS 20

The Court Report

30

People in the News

33

Classified Advertisements

BY CHARLES “BO” SUMMERS

3

MEMPHIS LAWYER

2016 MBA Officers

the magazine of the Memphis Bar Association

MBA Publications Committee Stephen R. Leffler, Chair Karen Campbell Dean DeCandia Nicole Grida Sean Hunt Laura Martin Gigi Gaerig McGown Harrison McIver Jared Renfroe Mason Wilson

The Memphis Lawyer is a publication of the

Shea Sisk Wellford President

Dean DeCandia Vice President

Earle Schwarz

Secretary/Treasurer

Thomas L. Parker Past President

2016 Board of Directors Mike Adams Jeremy Alpert Megan Arthur Lara Butler Betsy Chance Annie Christoff Jennifer Hagerman Doug Halijan Jonathan Hancock Maureen Holland Earl Houston Carrie Kerley Andre Mathis

Gigi Gaerig McGown Asia Diggs Meador Elijah Noel, Jr. Lisa Overall Jill Steinberg Section Representatives Imad Abdullah Stuart Canale Maggie Cooper Anne Davis Sean Hunt Toni Parker

ABA Delgate Danny Van Horn AWA Representative Jodi Runger NBA Representative Felisa Cox Law School Representative Elizabeth Rudolph YLD President Jonathan May

MBA STAFF

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 Katherine Newsom at 527.3573; knewsom@memphisbar.org The MBA reserves the right to reject any advertisement or article submitted for publication.

Anne Fritz

Executive Director

Lesia Beach

CLE/Sections Director

Charlotte Gean

Executive Assistant/ Membership Coordinator

The Memphis Bar Association 145 Court Ave. Suite 301 Memphis, TN 38103 Phone: (901) 527-3573 Fax: (901) 527-3582

www.memphisbar.org

Artist Jonny Hawkins jonnyhawkins2nz@yahoo.com

4

Katherine Newsom Communications and Membership Director

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PRESIDENT'S COLUMN

by SHEA SISK WELLFORD

I

n a ceremony in Memphis in November, the Tennessee Supreme Court swore in new attorneys to the practice of law in Tennessee. Below are the remarks given by bar association President Shea Sisk Wellford to the new admitees (edited for length): On behalf of the Memphis Bar Association, I want to welcome you to the practice of law. There much to celebrate today, which is a meaningful transition point in your life – today, you will become a lawyer.

But what does it mean – to be a lawyer? I will suggest that the answer to that question depends on your perspective. So I would like to explore the answer to that question with you from several different perspectives.

First, let’s take the perspective of society. Criticism of lawyers by society is not a new phenomenon. In 1850, Abraham Lincoln wrote the following: There is a vague popular belief that lawyers are necessarily dishonest. I say vague, because when we consider to what extent confidence and honors are reposed in and conferred upon lawyers by the people, it appears improbable that their impression of dishonesty is very distinct and vivid. Yet the impression is common, almost universal. Let no young man choosing the law for a calling for a moment yield to the popular belief.

Resolve to be honest at all events; and if in your own 6

judgment you cannot be an honest lawyer, resolve to be honest without being a lawyer.

Today, you will resolve to be an honest lawyer.

You will take an oath that you will “truly and honestly demean” yourself in the practice of your profession. Hold true to your oath, and do not allow society’s criticism to fall on your shoulders.

The second lens though which I would like to view the question is that of the legal community. How does the Memphis legal community answer the question – what does it mean to be a lawyer? I’ll start by saying that in the Memphis legal community, we are very lucky. There is a high level of professionalism among attorneys and between the bench and the bar. There is also a strong sense of community and collegiality among practitioners here. What it means to be a lawyer in the Memphis community may have a number of answers, but there is a common theme among those answers of professionalism and collegiality. So take care in establishing your reputation as a lawyer in your legal community.

One of the best places to establish your reputation is through your bar association. The Memphis Bar Association was founded in 1874, and for the past 142 years, the MBA has nurtured a culture of professionalism

that remains present to this day. Through the MBA, there are many opportunities to interact with your fellow attorneys, build your skills, volunteer in the community, and develop as an attorney. I encourage you to become involved with your bar association – you and your career will benefit from it.

The third and last perspective that I will mention today is perhaps the most important – what does being a lawyer mean to you? Spend some time thinking about what being a lawyer means to you as an individual taking your place in this great profession. While you may hear a lot about the business of practicing law – and billable hours, profits per partner, etc. – do not let that overshadow the fact that you are joining a noble profession. If you want the career that you are embarking upon to have meaning, you cannot lose sight of the fact that you are not merely becoming licensed to do a job, but that you are entering a profession. And while there is no doubt that you have to pay attention to the business

of practicing law, “profits per partner” should not be the metric that you use to measure your success.

As you embark upon this journey, take some time to think ahead – all the way to the end of your career.

When you are looking back over your life and your work, what metric will you use to measure your success and what it meant – to you – to be a lawyer?

Good luck and welcome to the practice of law.

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7

The Professional Odyssey

By DAVID M. COOK

M

entors are readily available for young lawyers, but it falls to the neophyte to avail himself or herself of this profound store of proffered knowledge. Perhaps a new lawyer is ashamed, somehow, or embarrassed, to seek guidance from a seasoned practitioner. The fact is that no substitute exists in terms of learning how to interact with other lawyers, judges and clients, and how to practice law. All the lawyers who came before us learned how to practice law from their elders. We who have benefitted from the generational tradition to which our mentors exposed us are obligated to impart it to those who follow.

My own mentor was Lee A. Hardison, Jr., the progenitor of The Hardison Law Firm, P.C. I started with him forty years ago, and had seven years to learn from him before he passed away. I am now Of Counsel with the firm, the only place I ever practiced. He told me on my first day in his office that “this firm is overtly and covertly honest.” He was an accomplished raconteur and could be somewhat loquacious, but not in the courtroom, where he was the very apotheosis of laconicism. He introduced me to my first jury trial, six months into my practice, by turning to me at the counsel table after he had voir dired the jury and whispering “take over, my boy, I have a headache.” He was not being cruel – he had steered me through all the trial preparation – but there is no way to ease into the trial practice. He made me understand the meaning of the Henry VI quote about “the first thing we do, let’s kill all the lawyers” – a revolution was being fomented, and lawyers and the rule

8

of law must be destroyed for it to succeed. The Taming of the Shrew quote, “and let us do as adversaries do at law, strive mightily, but eat and drink as friends” was what he taught me to strive for.

Mr. Hardison taught me, and of course, he was precisely right, that in the final analysis, all that matters is a lawyer’s reputation. Two things comprise your reputation – candor and competence. If you are prepared and are both overtly and covertly honest in all your dealings you, too, will have a successful practice and will be remembered with the same boundless gratitude I will always have for my own mentor.

At some point we all become Mr. Hardison. The legacy we will leave is measured more by our service as mentors than by fame or fortune. Help us to requite our obligation to you, and to our profession, and to society, by allowing us to serve as mentors. t

MENTORS The Judicial Perspective

D

By JUDGE ROBERT L. CHILDERS

avid Cook’s excellent article succinctly and accurately describes the importance of new lawyers having the guidance of a mentor when they begin the practice of law. I was in private practice for about ten years before becoming a judge and have now been a judge for more than 30 years.

I had mentors as a lawyer and I still have mentors as a judge. Actually, to be more precise, I had both role models and mentors. Judge Jim Tharpe was one of my role models. I tried my first lawsuit before Judge Tharpe. He was the epitome of a great jurist: treated everyone with respect and courtesy, knew the law, would let a lawyer try their case, and would decide matters promptly. I had such great respect for Judge Tharpe that I asked him to swear me in when I was elected judge. But Judge Tharpe did not give me a lot of advice after I became a judge. His most meaningful advice was what he gave me at the swearing-in ceremony that he attributed to the great writer Mark Twain: “Always do right. It will gratify some and astonish the rest.” Judge Tharpe’s usual response when I went to him for advice was “what do you think is the right thing”? I have come to understand Judge Tharpe’s wise response and find myself giving the same advice to the many young law students who have worked with me over the years as Law Clerks, Externs and Interns.

On the other hand, my late colleague, Judge Charles O. McPherson, was one of my mentors as a judge. After I was elected, but before being sworn in, Judge McPherson came to me and essentially took me under his wing and had lots of great advice for me. He had the benefit of several great mentors, including Mr. Lucius Burch, Mr. John Porter and Judge Bailey Brown, and he continued to “pay it forward” in making sure that he offered to do the same for new judges.

I owe a huge debt to all of those teachers, lawyers, and judges who gave so much to me, with no expectation of anything in return, except to see me succeed and make a contribution to the improvement of society. In my judgment the only way for me to repay that debt is to do the same for others.

And as I have previously stated I still have mentors, some older and some younger than I am. A mentor does not necessarily have to be older, the key is seeking out someone who has demonstrated good judgment, has experience and is willing to share. I agree with David Cook that there’s a wealth of riches in our profession of people who are willing to serve as mentors. The Memphis Bar Association, Tennessee Bar Association, Leo Bearman, Sr.

American Inn of Court Chapter, among many others, have formal mentoring programs, however, I am told that relatively few lawyers take advantage of these programs.

Law schools do a good job of teaching law students the law, but seem to lack the time or ability to teach them about how to actually practice law. Law students seem to do a good job of learning to “think like a lawyer”, but in the process they forget how to think like a human being. These days I see too many lawyers coming into court who know all about applying “the Rules” and “the law”, but who know little about common courtesy and respect either for the Court, for their fellow lawyers, or litigants and witnesses. To be sure this is still a minority of lawyers, but with more new lawyers hanging out their own shingles because of the recent economic recession, the number of new attorneys who would benefit from mentoring has been growing.

I heartily agree with David Cook that in the end all that matters is a lawyer’s reputation. None of us has a choice about making a reputation in our everyday dealings with others. We make our reputation every time we have dealings with anyone. The only choice we have is the kind of reputation we choose to make. Do we want a 9

reputation of being honest and ethical, treating everyone with courtesy and respect, whose word is our bond, or do we want to be a person of questionable integrity and honesty, who treats others shabbily with disrespect or contempt, and who seems to have no qualms about engaging in unethical conduct? I hope the answer to this question is obvious. The problem is that many lawyers don’t actually intend to do some of the things that create a bad reputation. They simply don’t seem to know any better. And that’s precisely where having a mentor can be so invaluable. Having someone to go to and ask questions before engaging in problematic behavior that results in a less than excellent reputation.

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I encourage you that if you do not already have a mentor that you seek one out because there are many lawyers who are willing to serve in that capacity. I suggest that doing so will make your law practice (and your life) a lot easier - and a lot less stressful. t If you would like to participate as a mentor or mentee, please visit memphisbar.org/build-yourpractice/mentoring-program or contact Anne Fritz at 901.527.3575 or afritz@memphisbar.org.

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Memphis Group Brings Back the

“Law School for Journalists”

by LURENE KELLEY, Special Assistant, Shelby County Public Defender

T

he emails and texts flew quickly that September morning among members of the planning committee. Before then, their biggest concern had been whether there would be enough boxed lunches. But on a Tuesday at noon – less than 24 hours before the auditorium of the University of Memphis School of Law would be filled - the U.S. Department of Justice was making an announcement that could drastically alter the event.

Nine months earlier, a small group of jurists and journalists gathered to plan the 2016 Law School for Journalists (LSFJ). Last held in 2009, this new collection of organizers wanted to revive it with a topic that would be compelling to local reporters. They chose policeinvolved shootings and decided to do a case study of the closed 2015 Darrius Stewart criminal case. Stewart was

a black Memphis teen who was shot and killed while struggling with a white police officer following a traffic stop.

The day before the LSFJ was set, the Department of Justice held a press conference announcing insufficient evidence to bring civil rights charges against Memphis police officer Connor Schilling. If proof was needed that

13

WMC-TV’s Special Projects team, which provided a visual summary of the case. The powerful retrospective started with police dashboard camera footage of the struggle that led to the shooting to the call for a Department of Justice investigation. Stephen Parker, a veteran former federal prosecutor who is now with Butler Snow law firm, then gave a guided tour of the facts of the case using the TBI investigation file.

the committee had chosen a timely and important topic, this was it.

“We have one of our biggest, if not our biggest crowds,” said Lucian Pera, a partner with Adams and Reese and First Amendment Law expert. Pera helped organize the first LSFJ 10 years ago.

While the centerpiece was the Stewart case, the program also dove into the larger issue of national police reform and laws around newsgathering basics, such as open records and meeting.

The day was headlined by Roy L. Austin, deputy assistant to President Obama and Director of the White House Office of Urban Affairs, Justice and Opportunity.

Austin chaired the President’s Task Force on 21st Century Policing. He spoke broadly about the need for police reform in our nation -- specifically the training of police officers, greater transparency, body cameras and community policing.

"Police officers have to recognize they are guardians, not warriors," Austin said. "It starts with that initial training."

Austin was followed by two panels dedicated to the Stewart case – one of lawyers involved in the judicial proceedings and the second of reporters who covered it.

This case was chosen because it touched on key legal areas pertinent to journalists, such as the secrecy surrounding grand jury indictments and the release of sealed records from the Tennessee Bureau of Investigation.

The case study began with a video compiled by 14

The introduction was followed by a panel of key participants involved in the legal aspects of the case. The speakers included: Stewart family lawyer Arthur E. Horne, III of Horne and Wells; Chancellor James R. Newsom, III who determined that the TBI investigation should be opened to the public; Arthur E. Quinn, the lawyer for Officer Shilling; and District Attorney General Amy Weirich, who had called for the opening of the TBI file and an indictment of Officer Schilling. Eric Barnes, the publisher and CEO of The Memphis Daily News, moderated the panel.

“I’ve been covering court cases for more than twenty-five years in Memphis,” said Stephanie Scurlock, WREG-TV anchor and member of the LSFJ planning committee. ”So it’s always informative and fascinating to hear how lawyers and judges come to these decisions that affect what information we can report to the public.”

Following a spirited debate among the participants, Local 24 TV anchor Brandon Artiles moderated a panel of journalists who covered the case. The journalists discussed reporting techniques and the unique challenges they faced after the shooting. The panelists were: Dr. Karanja Ajanaku, executive editor of the Tri-State Defender; Greg Coy, Fox 13 anchor; Yolanda Jones, a reporter with The Commercial Appeal; and Bruce Moore, news director of WREG-TV Channel 3.

The final session provided journalists with basics about how to use the law to report.

“It is critical that journalists know their rights when it comes to access to meetings and public records,” said Mark Russell, news director of The Commercial Appeal and part of the LSFJ planning committee. “We are often our own best advocates, especially in the heat of a decision. And, it’s far more efficient to resolve something early than to have to write a letter, or email or call a lawyer. And you can’t make a great argument if you don’t have at least a basic understanding of Tennessee public records law.”

Pera moderated the access-to-information panel. It included: Deborah Fisher, executive director of Tennessee Coalition for Open Government; Zaneta Lowe, chief consumer investigative reporter for WREG-TV; Marc Perrusquia, projects reporter for The Commercial Appeal; Andy Wise, consumer reporter for WMC-TV Channel 5 and Matt Gerien, managing editor/investigative reporter for Fox13 Memphis.

audience I think I have ever seen in any seminar.”

Along with Pera, Scurlock and Russell, the other members of the 2016 LSFJ planning committee were: Amy Amundsen of Rice, Amundsen and Caperton; Ben Fox of Adams and Reese; Ryan Jones, director of communication for the University of Memphis School of Law; Lurene Kelley, special assistant with the Law Offices of the Shelby County Public Defender; Josh Spickler, executive director of Just City and Diane Vescovo, Chief U.S. Magistrate Judge.

The LSFJ may have been on hiatus for a few years, but the success of its reprisal means one thing: “I think it’s definite,” said Pera. “The Law School for Journalists will be back.” t

“We presented one of the most cutting-edge issues in Memphis – how journalists have covered, can cover, and should cover police-involved shootings,” said Pera. “We had the top White House policymaker on urban policy and policing speak to us. Most importantly, we had the most actively engaged, and intelligently questioning 15

Litigation Finance

as a Business Development Tool

by DONALD E. VINSON, PH.D.

C

omplex commercial litigation is expensive, often prohibitively so. In recent years, litigation finance (LF) has emerged in sophisticated markets as an option for cases with a strong likelihood of success. For law firms, this form of funding can be a striking competitive advantage that directly facilitates high-value matter arrangements, strengthens existing client relationships, reduces firm risk and generates increased profits.

Commercial LF entails a third-party funder providing nonrecourse capital to fund legal fees and expenses and/ or to raise funds for corporate purposes (operating costs, etc.) in exchange for a financial interest in the legal matter. If a claim is successful, the funder receives an agreed-upon portion of the claim proceeds. If a claim is unsuccessful, the funder is owed nothing.

The market for LF is expanding rapidly with a market size now estimated at $3 billion. Litigation finance is no longer the virtually unknown concept it once was. That said, many in the legal industry have a general awareness of the trend but a low level of substantive knowledge and experience in how to approach it and in how to sell the service to clients.

While LF has its detractors (the U.S. Chamber of Congress has been particularly strident in its opposition), a favorable body of law has developed around the subject since the late 1990s. In December 2013, in a ruling by the New York Supreme Court, Justice Eileen Bransten wrote in the opinion in Lawsuit Funding LLC, et al. v.

Lessoff, et al., 2013 NY Slip Op 33066(u): "Litigation funding allows lawsuits to be decided on their merits, and not on which party has deeper pockets or stronger appetite for protracted litigation."

In 2011 the American Bar Association on Ethics 20/20 Information report to the House of 16

Delegates supported LF as being in compliance with ABA Model Rules. That report was based on two years of exhaustive study. And in the UK, it is now a requirement for counsel to make clients aware of alternative financing options for civil actions.

Not only is LF here to stay, it has become a significant factor in the commercial litigation field. How can legal marketing professionals and practice group managers educate themselves and effectively differentiate their law firms by offering it as an alternative? The key message: LF is a viable alternative in helping your clients manage the costs and risks of pursuing legal claims.

The best candidates for funding are cases with a number of qualities in common. Primarily, they are strong, meritorious cases with demonstrable economic value-typically over $500,000. They represent a significant burden to the client in terms of fees and expenses, but their potential upside far exceeds the costs. A broad range of firms, from litigation boutiques to larger, established practices, can take advantage of the benefits of LF. Young partners can leverage LF to grow their client base, and larger firms can use it to balance risk across their caseloads.

To effectively leverage LF as an alternative fee arrangement offering, law firms must become educated on how LF works and the value a funder provides beyond financing. A very common concern for lawyers and their clients is that the funder will be directing the course of the

litigation; however, funders have no role in developing strategy for how a matter is pursued.

In the first significant step to obtaining financing, a nondisclosure agreement is executed. Next, the merits of the case are vetted by the respective funder' s process, which typically utilizes nonprivileged documents to permit an analysis of issues, case posture and evidence; then, clients and relevant experts are interviewed. At this point, the general funding terms are discussed so all parties have a sense of what the structure of the deal will be, avoiding surprises later in the process.

LF' s largest value proposition, aside from financing, is providing counsel and their clients a sophisticated, impartial and critical review of the claims at issue. For example, at Vinson Litigation Finance, once a case has been accepted, we draw upon our partnership with leading jury consulting firm Vinson & Company to provide clients with an early case assessment report. This is a detailed and objective analysis of juror perceptions regarding case strengths and vulnerabilities that can assist counsel in thinking about case strategy.

Next, the funding agreement is finalized and signed.

Disbursements to attorneys and related service providers are made in accordance with a predetermined disbursement schedule or with litigation milestones. Reporting systems track expenses, and investment resolution takes place

upon final ruling or settlement of the case.

For law firms, LF represents an innovative way to attract large matters by offering clients a strategic solution for pursuing legitimate claims they otherwise could not afford. Many companies are hesitant to pursue meritorious litigation due to the risk entailed in expending significant reserve or future capital. Third-party funding preserves an organization's capital for core operations.

Bringing LF to a client demonstrates sophistication and sensitivity to business goals on the part of the law firm and commitment to the relationship by offering a means for the client to share the risk of litigation. With a strong understanding of the LF process, lawyers can unlock opportunities their clients may have not even considered.

Outside financing means the best resources can be brought to bear on a particular matter so plaintiffs have the means to hire the most experienced counsel and lawyers can prepare cases with top experts.

LF not only helps law firms meet increasingly demanding standards for delivering legal services in a cost-effective fashion, but also assists with cash flow issues at the firm itself. Full billable arrangements can often mean cash-strapped clients owe millions of dollars pending the resolution of a case. LF can normalize firms' revenue streams without compromising their profitability with large debt loads. With an informed approach to using LF, lawyers can grow their practices and increase firm profits. t

Donald E. Vinson, Ph.D., is the chairman and CEO of Vinson Litigation Finance (vinres.com). He is widely considered the founding father of trial consulting and internationally recognized as the world's leading expert in the field. He has founded three successful companies in the legal space, two of which were acquired by NYSElisted corporations.

17

Creating Rules in

Outlook

by SEAN ANTONE HUNT

D

o you get too much spam email from certain providers like CLE providers, various websites you’ve ordered from before or listserv’s to which you have subscribed? That is often a problem for many of us practicing law. Fortunately, if you are using Outlook, there is a simple way to resolve this problem. It is to simply create a folder for those items and create a rule in Outlook to automatically move that item to that folder.

Here’s how: First, you need to create the folder. In Outlook, right click on your primary account and you will see a pop up menu from which you need to choose “New Folder.”

Then, choose a name for your folder which gives you some idea of the type of mail items in your folder. For example, I have a folder called “CLE Ads" in which I placed the CLE ads from certain CLE providers into the folder.

To do this, click on “Files” in Outlook version 2007 and newer. You will then find a menu which includes the menu item “Rules and Alerts.” Click on “Manage Rules & Alerts.” You will then see the “Rules and Alerts” pop-up window. Make sure that under the tabs you are looking at the tab for “Email Rules” and not “Manage Alerts.”

Under the Email Rules tab, click on the heading item “New Rule,” and proceed through the Rules Wizard 18

window. At this point, you need to do some planning.

If you only want to move the rules from certain email senders, then you can utilize the template rule for “Move messages from someone to a folder.” Then, in a separate document, possibly Word, go and cut and paste the email address from all of providers whose emails you would like to go into the folder. Then save those email addresses and put them aside for later.

But note that, quite often, group email providers such as MailChimp, Constant Contact, etc. will use different domains at different times to send their email messages.

In other words, it may be difficult to pinpoint one sender to make sure to get all of these email messages into your folder. If that is the case, you can start with the template and add in some additional requirements that will catch emails that follow this rotating domain concept. So, first, click on the “Move messages from someone to a folder” item and make sure that it is highlighted under Step 1. Then in the bottom window for Step 2, click on the underlined phrase “people or public group.”

email to qualify to go to the folder. Then choose specific words that are almost always in your email subject line.

Make sure to use at least 2 words or, in the case of CLE, the acronym “CLE.” But, be careful, this means that even if someone sends you an email only discussing a possible CLE, that email will be routed to your folder. So choose your words carefully. Then click on the “Next” 2 times to get to the box where you name the rule. Then give the role name that you can remember. Finally, click “Finish.”

Now, just make sure that your rule is checked in the original Rules and Alerts box and you’re ready to go.

Click “OK” and you’re done. Make as many rules as you like. t

Once you have the Rule Address box open, placed the email addresses from the various providers into the “From" part of the box near the bottom. Separate email addresses for multiple parties with a semicolon. Then, click on the underlined item “specified" in order to designate the folder. Choose the new folder that you just created from the pop-up window. Then click next.

In the next window, you will then see additional conditions that you can specify. It is here that you will make sure that the rotating domain emails are captured as well. Do this by clicking the checkbox beside the item “with specific words in the subject." Then, click on the underlined item “specific words" in the line that you just placed the checkbox. Now, you will tell the program what specific words need to be in the subject line for the

19

COURT REPORT

THE

by CHARLES “BO” SUMMERS

CRIMINAL COURT—Covers the weeks of September 19 to November 7, 2016 COURT

JUDGE

DIV. I

SKAHAN

VERDICT 1. STATE V. DEANDRY PETERSON: Indicted for Aggravated Rape. Trial lasted from September the 19th through the 23rd. Verdict: Guilty as Charged in the Indictment Prosecutors: Carrie Shelton & Abby Wallace. Defense: Deandry Peterson represented himself pro se.

2. STATE V. HAROLD GRAY: Indicted for Second Degree Murder. Trial lasted from September the 26th through the 30th.

Verdict: Guilty of the lesser included offense of Reckless Homicide. Prosecutor: Pam Stark. Defense: Mark Mesler.

3. STATE V. ROMAN BATES: Indicted for the Rape of a Child. Trial lasted from October the 18th through the 21st.

Verdict: Not Guilty. Prosecutors: Cavett Ostner and Bo Summers. Defense: Arthur Horne.

4. STATE V. DARRELL MALONE: Indicted for Rape. Trial lasted from October the 24th through the 28th. Verdict: Guilty of the lesser included offense of Criminal Attempt Rape. Prosecutor: Bryce Phillips. Defense: Ted Hansom 5. STATE V. EVELINA GARRETT AND SONCEARAE LOBBINS: Indicted for Aggravated Robbery and Aggravated Kidnapping. Trial lasted from November the 7th through the 10th. Verdict: Guilty as charged in the Indictment as to Soncearae Lobbins. Evelina Garrett was a mistrial. Prosecutor: Pam Stark. Defense: Kamilah Turner represented Evelina Garrett and Mitchell Wood represented Soncearae Lobbins.

DIV. II

WRIGHT

1. STATE V. CHRISTOPHER BOLDEN AND ERIC BLAND: Both Indicted for Criminal Attempt First Degree Murder; Especially Aggravated Robbery; Aggravated Burglary and Employing a Firearm during the Commission of a Dangerous Felony. Trial lasted from September the 26th through the 30th. Verdict: Bolden was found not guilty. Bland was found guilty of Reckless Endangerment. Prosecution: Dennis Johnson. Defense: Bland was represented by Gregory Allen; Bolden was represented by Will Howell and Glover Wright.

2. STATE V. JESUS PONCE: Indicted for Rape. Trial lasted from October the 3rd through the 5th. Verdict: Not Guilty.

Prosecution: Josh Corman. Defense: Robert Amman.

3. STATE V. DEANDRE CARNES AND ERIC JOHNSON: Theft of Property and Extortion. Trial lasted from October the 17th through the 20th. Verdict: Eric Johnson was found Not Guilty and Deandre Carnes Guilty as Charged in the Indictment. Prosecution: Dennis Johnson. Defense: Gerald Waggoner represented Carnes. Larry Fitzgerald represented Johnson

DIV. III

CARTER

1. STATE V. ROBERT MORRIS: Indicted for Domestic Violence: Aggravated Assault. Trial lasted from October the 17th through the 20th. Verdict: Guilty as charged in the Indictment. Prosecutor: Meghan Fowler. Defense: Rob Felkner.

2. STATE V. CHESTER MCCOY: Indicted for Aggravated Rape. Trial lasted from October the 24th through the 28th.

Verdict: Hung on the lesser included offense of Aggravated Sexual Battery. Prosecutors: Abby Wallace and Ann Schiller.

Defense: Tom Leith.

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CRIMINAL COURT—Covers the weeks of September 19 to November 7, 2016 COURT

JUDGE

DIV. IV

BLACKETT

VERDICT 1. STATE V. ARNEKIO JACKSON: Indicted for Carjacking; Aggravated Kidnapping; Employing a Firearm during the Commission of a Dangerous Felony and Convicted Felon in Possession of a Handgun. Trial lasted from November the 7th through the 10th. Verdict: Not guilty. Prosecution: Paul Goodman. Defense: James Jones.

DIV. V

LAMMEY

1. STATE V. ERIC WILLIAMS: Indicted for Second Degree Murder. Trial lasted from September the 26th though the 30th.

Verdict: Mistrial. Prosecution: Stacey McEndree and Tyler Parks. Defense: Vickie Carriker.

2. STATE V. DANTE JACKSON: Indicted for Aggravated Robbery. Trial lasted from October 3rd through the 6th. Verdict: Not Guilty. Prosecution: Tyler Parks and Gavin Smith. Defense: Haden Lawyer.

3. STATE V. MARIO MYERS: Indicted for Criminal Attempt: First Degree Murder; Aggravated Assault; Reckless Endangerment; Domestic Assault. Trial lasted from October the 24th through the 26th. Verdict: Guilty as charged in the Indictment all counts except Domestic Assault. Prosecutor: Meghan Fowler. Defense: Dewun Settles.

4. STATE V. CHRISTOPHER SIMS: Indicted for Aggravated Rape and Aggravated Kidnapping. Trial lasted from October the 31st through the November the 4th. Verdict: Not Guilty. Prosecutors: Abby Wallace and Gavin Smith. Defense: Michelle Lynn.

DIV. VI

CAMPBELL

DIV. VII

COFFEE

THERE WERE NO TRIALS IN DIVISION VI THIS PERIOD. 1. STATE V. BENJAMIN BROWN: Indicted for First Degree Murder (Re-trial). Trial lasted from October the 24th through the 30th. Verdict: Verdict: Guilty of the lesser included offense of Reckless Homicide. Prosecution: Jennifer Nichols and Eric Christenson. Defense: Lorna McClusky.

DIV. VIII

CRAFT

1. STATE V. QUARTEZ GARY: Indicted for First Degree Murder. Trial from September the 26th through 30th. Verdict: Guilty as Charged in the Indictment. Prosecution: Chris Lareau. Defense: Jeff Woods.

2. STATE V. MARVIN FOSTER: Indicted for Sexual Battery. Trial lasted from October the 17th through the 21st. Verdict: Not Guilty. Prosecution: Dru Carpenter. Defense: Terita Hewlett.

3. STATE V. DEMARCUS KERR AND ANDREW DEBOSE: Indicted for Aggravated Robbery. Trial lasted from November the 7th through the 10th. Verdict: Guilty as charged in the Indictment. Prosecutor: Jose Leon. Defense: Claiborne Ferguson.

DIV. IX

WARD

1. STATE V. MARVIN HARDIN: Indicted for DUI. Trial from September the 26th through the 27th. Verdict: Guilty as Charged in the Indictment .Prosecution: Stephanie Johnson .Defense: Graham Cox. 2. STATE V. REGGIE HORTON: Indicted for Criminal Attempt Second Degree Murder; Especially Aggravated Kidnapping of a child; Aggravated Kidnapping; Domestic Violence Aggravated Assault. Trial lasted from October the 24th through the 27th. Verdict: Guilty of the lesser included offense of Criminal Attempt Voluntary Manslaughter; Not guilty of Especially Aggravated Kidnapping of a child; Guilty as charged in the indictment of Aggravated Kidnapping and Guilty of the lesser included charge of Assault. Prosecution: Danielle McCollum and Jamie Kidd. Defense: Rob Felkner.

3. STATE V. ANTONIO JOHNSON: Indicted for Criminal Attempt First Degree Murder; Employing a Firearm during the Commission of a Dangerous Felony; Aggravated Assault and Reckless Endangerment. Trial lasted from November the 7th through the 9th. Verdict: Guilty of the lesser included offense of Criminal Attempt Second Degree Murder; Guilty as charged in the Indictment of Employing a Firearm during the Commission of a Dangerous Felony; Aggravated Assault and Reckless Endangerment. Prosecutor: Sarah Poe. Defense: Jennifer Fitzgerald and Jennifer Mitchell.

DIV. X

BEASLEY

1. STATE V. COYNICK BOSWELL: Indicted for First Degree Murder. Trial from October the 24th through the 27th.

Verdict: Guilty as Charged. Prosecutor: Colin Campbell. Defense: Claiborne Ferguson.

2. STATE V. PAUL BUCHANAN: Indicted for Aggravated Robbery and Convicted Felon in Possession of a Handgun. Trial lasted from October the 31st through November the 2nd. Verdict: Guilty as charged in the Indictment. Prosecutor: Stacy McEndree. Defense: Patrick Stegall.

3. STATE V. ANDRE BROWN: Indicted for Aggravated Rape, Aggravated Kidnapping and Domestic Assault. Trial lasted from November the 7th through the 10th. Verdict: Guilty as charged in the Indictment. Prosecutor: Kenya Smith. Defense: Michael Johnson.

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Annie Christoff was elected Secretary/Treasurer

Memphis Bar Association Board

2017 OFFICERS & BOARD MEMBERS President – Dean DeCandia Vice President – Earle Schwarz Secretary/Treasurer – Annie Christoff* YLD President - Adam Johnson Past President - Shea Sisk Wellford DIRECTORS – GENERAL MEMBERSHIP Mike Adams Jeremy Alpert Megan Arthur David Bearman* Sherry Brooks* Lara Butler Leslie Coleman*

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ABA DELEGATE Lucian Pera

Anne Davis

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LAW SCHOOL REPRESENTATIVE Elizabeth Rudolph

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Pro Bono for Senior Lawyers: Good for You, Good for the Community

O

by ANNE MATHES

K, I will admit it: I am a “senior lawyer.� When I became Executive Director of the Community Legal Center a year and a half ago, I had practiced law for over 30 years and was just shy of 60. At that point I wanted a change. This second act led to my leaving the practice of law. I found myself learning a whole new discipline (running a nonprofit), which has been a satisfying encore career for me. I am finally giving back to my community in a meaningful way that is right for me.

Of course, there are many ways for senior lawyers who want to continue practicing law to give back - the easiest one being pro bono legal work. Pro bono opportunities are also available to attorneys who are retired. According to the Standing Committee on Pro Bono and Public Service of the American Bar Association, approximately 40,000 lawyers a year will begin to retire, consider retiring, or significantly alter their work environment over the next several years. If each of those lawyers were to give 50 hours of pro bono service a year, this would represent two million volunteer hours annually.1 The CLC seeks to engage both senior lawyers (those 60 or older who are still practicing) and retired lawyers (who have kept their law licenses current) in pro bono work. Our model is a bit different, but is reminiscent of, the Gray Knights program. Founded by Alan Malone of Burch Porter & Johnson, this group of lawyers 65 years and older has provided financial and pro bono support to Memphis Area Legal Services for the last 7 years. We, likewise, hope to harness the expertise of senior lawyers here in Memphis.

1

If you are still practicing, your law firm resources will support your pro bono work just as they do cases you take in your practice. If you are retired and volunteer through the CLC, we will provide resources to you, including malpractice coverage for cases handled for our clients, and use of office space, telephones and computers.

For both groups: 1. If you are most comfortable doing what you already know how to do, we probably have a pro bono case that will fit your skills. Probate lawyers can handle conservatorships; divorce lawyers can take on divorces; litigators can take on landlord/ tenant or consumer cases.

2. If you would rather not take on active representation, senior/retired lawyers can mentor other pro bono attorneys or our staff attorneys in their areas of expertise.

3. If you want to try something new, the CLC will arrange training and mentoring for you.

We are happy to accommodate all volunteers. Take Jef Feibelman, for example. A senior litigation partner at Burch Porter, Jef recently committed to working with the CLC on immigration cases after years of interest in the plight of immigrants. We will pair him with our staff immigration attorney for the basics, and he will be mentored going forward by experienced Memphis immigration lawyers.

If you are a senior/retired lawyer interested in giving back by handling a pro bono case for the Community Legal Center, please call me at 341-0264, or email me at annem@clcmemphis.org. t

http://www.americanbar.org/groups/probono_public_service/resources/volunteer_opportunities.html

26

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MALS

CORNER The Arc of The Moral Universe is long, but bends towards Justice”

by HARRISON D. MCIVER III, Executive Director/ CEO, Memphis Area Legal Services, Inc.

T

he words of Dr. Martin Luther King, Jr. offer an implicit challenge and an expectation of a nation founded upon the principle of “justice”. Notably, the Preamble of the U. S. Constitution states that we as a people of the United States establish JUSTICE, before insure domestic tranquility, before common defense, and before general welfare. This nation’s commitment to justice for all as its underlying principle carries a big question mark for many today. There is uncertainty that lies ahead given the tenor and divisiveness of the recent election. As leader of the single-most important institution in our four-county service area that provides civil legal assistance to those in need, I communicated with our Board of Directors and reassured my staff that our mission is to continue to provide high quality legal assistance to the most vulnerable members of our community. I reminded them that our clients seek legal services at the eleventh hour and often in crisis. I urged our staff not to view the outcome of the November election as a repudiation of our work. I reinforced the important and essential role MALS plays each and every day to positively impact the lives of thousands of clients.

I reminded them that we were not alone and that we are non-partisan. The national Legal Services Corporation in Washington, D.C., from which MALS receives approximately 40 % of its overall budget, enjoys strong bi-partisan support, the unequivocal support of the organized bar and from other like-minded people who believe in justice for all people, no matter their stations in life.

Looking back over the past year, it is reassuring to view what we collectively accomplished. The “we” in this context includes the staff, Board of Directors, and the many volunteers who contribute so much to our 28

justice system and the quality of life in our community.

The following is a mere snapshot of “our” 2016 accomplishments; we: • Helped more than 100 veterans and their families remain in their homes , and thereby averted homelessness; • Helped homeowners save more than $2 million through foreclosure mitigation and loan modifications; • Helped victims of domestic abuse and violence obtain or extend orders of protection and assisted them in other related legal problems;

• Ensured that seniors were free of physical mistreatment and financial exploitation, working under the Coordinated Response to Elder Abuse(CREA) initiative funded by the Plough Foundation; • Continued Memphis Child, our medical -legal partnership with Memphis Law (Cecil C. Humphreys School of Law) and Methodist Le Bonheur Children's Hospital, which has helped to improve the medical outcomes for patients and their families; • Afforded pro bono /volunteer opportunities such as extended service referrals, and various clinics including : Saturday Legal Clinic, Courthouse Advice and Counsel Clinic at General Sessions Court, Veterans Pro Bono Clinic; and Midtown Legal Clinic, resulting in over 4000 donated hours; • Received an unqualified/unmodified (clean) opinion from its independent auditors- Watkins Uiberall, PLLC; • Received a positive report from the Legal Services Corporation quality visit to MALS, finding that: MALS’ advocates performed high quality legal work, with an emphasis on extended representation; performed its work in a manner that affirms and reinforces the dignity of its clients; MALS’ overall leadership, management and administration was strong; its Board of Directors provided appropriate oversight and shared its mission; and pro bono/ volunteer efforts afforded private attorney and law students numerous pro bono and volunteer opportunities; • Introduced MALS to an audience beyond the legal community at its inaugural Justice for All Ball, at the Halloran Centre, which was a fun and profitable fundraising event.

Hopefully you find our accomplishments to be impressive. I say “our” for we could not have been as successful without your support. Given what the uncertainty of the coming months, we need YOU to help MALS turn potential tragedies into positive outcomes for the thousands of clients who but for MALS, would languish in our system of justice. Your continued support is needed to do this essential work. Please donate today by visiting our secure donation page at www.malsi.org or send your tax-deductible contribution to MALS at 22 North Front Street, Suite 1100, Memphis, TN 38103.

Thank you and Happy Holidays! t

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REBECCA ADELMAN Hagwood Adelman Tipton, PC announced Rebecca Adelman's recognition as one of the first recipients of the newly founded Ethel Mitty Heart Award given by the American Assisted Living Nurses Association (AALNA). Ms. Adelman is a founder of the firm and manages the Memphis office. This accomplishment highlights Rebecca’s commitment to the AALNA though legal advising and education. AALNA has such an important and far-reaching impact on the health care industry.

JAMES E. BAILEY III James E. Bailey III will be inducted as a fellow to The American College of Bankruptcy on March 10, 2017 in Washington, D.C. The ceremony will take place at the Smithsonian Donald W. Reynolds Center for American Art and Portraiture, and will be presided over by G. Christopher Meyer, chair of the college.

JIM NEWSOM Attorney General Herbert H. Slatery III announced James R. Newsom III of Memphis as lead attorney in the Memphis regional office. In his role as Special Counsel for the Memphis office of the Tennessee Attorney General, Newsom will assist on a broad range of cases.

LUCIAN T. PERA Adams and Reese Partner Lucian T. Pera was elected President of the Southern Conference of Bar Presidents at its 2016 annual meeting. Pera currently serves as President-Elect of the Tennessee Bar Association (TBA) and will serve as TBA President during the 2017-2018 bar year.

KEVIN RARDIN On Oct. 14th, Kevin Rardin retired from the District Attorney's Office here in Memphis after 32 years of service as an Assistant District Attorney. On Dec. 1st, Mr. Rardin began

a new career as a full time Assistant Public Defender with the Shelby County Public Defender's Office. He is assigned to Juvenile Court.

SNIDER & HORNER, PLLC With the recent election of David F. Kustoff to the U.S. House of Representatives and the retirement of Bernie M. Kustoff, the Law Offices of Snider & Horner, PLLC are pleased to announce the acquisition of the Kustoff Law Firm, PLLC and The Law Firm of Bernie M. Kustoff, P.C., which will become effective on December 19, 2016.

As part of the acquisition and transfer, Snider & Horner will be adding two additional attorneys to their firm who formerly worked for the Kustoff Law Firm- namely Joshua B. Bradley and Julie J. Bethell.

JACOB D. STRAWN Spicer Rudstrom PLLC announced the addition of Memphis native Jacob D. Strawn to its downtown office. As an associate, he will focus his practice in litigation, primarily in insurance defense, premises liability, products liability and workers’ compensation. Jacob is a graduate of the University of Memphis Cecil C. Humphreys School of Law, where he earned five CALI awards—in Administrative Law, Business Organizations, Civil Procedure II, Secured Transactions and Products Liability.

JUDGE MARY L. WAGNER Gov. Bill Haslam appointed Mary L. Wagner of Memphis as circuit court judge for the 30th Judicial District, which serves Shelby County. The vacancy was created by the retirement of Judge Donna M. Fields. Since 2011, Wagner, 32, has been at the Memphis law firm Rice, Amundsen & Caperton, where she has worked in general practice with an emphasis on family law and non-profit/business organization and defense. Other areas of her practice there have included personal injury and probate.

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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Bilingual Intake Coordinator, Community Legal Center – The Community Legal Center is seeking

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34

Salary will depend on qualifications and experience. Must have two years of college or equivalent work experience to apply. Interested applicants should submit a cover letter and resume to info@clcmemphis.com.

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Attorney, Community Legal Center – The Community Legal Center is looking for a lawyer with at least 3 years of experience as a practicing attorney (including a minimum of 2 in immigration). This person will assist Memphis-area immigration legal service providers (including the CLC, Latino Memphis and MidSouth Immigration Advocates) in recruiting, training, mentoring and supervising volunteer attorneys in Memphis, throughout the State of Tennessee and North Mississippi.

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