Nashville Bar Journal | April 2014 by Nashville Bar Association

Nashville Bar Journal

April 2014 - VOL 14, NO. 3

Getting Housed….in a Good Way How New Mortgage Rules from the Feds Could Make Foreclosure a Last Resort Matt Pulle

How To Dissolve a Tennessee LLC Tracy Kane

An Ethical Crossroads; Dealing With The Personality-Challenged Lawyer Phillip Byron Jones

IF GERMAN SPORT SEDANS ARE YOUR CUP OF TEA, THIS IS YOUR DOUBLE SHOT OF ESPRESSO.

THE 2014 LEXUS GS F-SPORT WAKE UP.

WWW.NASHVILLELEXUS.COM

A Monthly Publication of the Nashville Bar Association

Articles 6 8

Departments 2

Getting Housed….in a Good Way

How New Mortgage Rules from the Feds Could Make Foreclosure a Last Resort Matt Pulle

How To Dissolve a Tennessee LLC Tracy Kane

10 Counsel in Council

CENTER SECTION

14 An Ethical Crossroads; Dealing With The .... Personality-Challenged Lawyer

Phillip Byron Jones

Columns 16 17 18

Communique • NBF Fellows • Golf Tournament • Memorial Service • Law Day Luncheon • Golden Oldie Reveal • Upcoming Events

CONTINUING LEGAL EDUCATION

Bart Pickett

From the President

Disclosure - Announcements • Kudos • People on the Move • Firm News • In Memory Classified Listings

Gadget of the Month

Bill Ramsey, Neal & Harwell, PLC Phillip Hampton, LogicForce Consulting

Golden Oldie

LAW DAY LUNCHEON REGISTRATION

Identify the individuals in the photo. Be the first to email the correct answer to nikki. gray@nashvillebar.org and your name (along with your correct entry) will appear in next month’s issue.

Nashville Bar Foundation Announces Grant Recipients GOLF TOURNAMENT REGISTRATION

NBA Calendar of Events APRIL 14 - 12 PM NALS Committee Meeting

APRIL 22 - 5:30 PM Criminal Law & Criminal Justice Committee Meeting

APRIL 15 - 12 PM Ethics Committee Meeting

APRIL 24 - 11 AM LRIS Committee Meeting

APRIL 16 - 12 PM Memorial Committee Meeting

APRIL 24 - 12 PM NBF Trustees Meeting

APRIL 17 - 12 PM Government Lawyers Committee Meeting

MAY 1, 2014 Law Day Luncheon Speaker: Hon. Alberto R. Gonzales @Renaissance Hotel

APRIL 18 NBA CLOSED FOR GOOD FRIDAY

MAY 2 - 12 PM ADR Committee Meeting MAY 6 - 3:30 PM NBA Board Meeting MAY 8 - 12 PM Diversity Committee Meeting MAY 13 - 11:30 AM LAW Committee Meeting

Committee Meetings are held at the NBA Offices unless otherwise noted l o= Special Event l Full Calendar online at www.nashvillebar.org

' A Monthly Publication of the Nashville Bar Association

Charles K. Grant, Publisher William T. Ramsey, Editor-in-Chief ramseywt@nealharwell.com

Eleanor Wetzel, Managing Editor eleanorwetzel@jis.nashville.org

From the President

Musings on the Thirteenth Amendment by:

Charles K. Grant

Journal Staff:

Nikki Gray, Director of Communications nikki.gray@nashvillebar.org

Tina Ashford, Communications Coordinator tina.ashford@nashvillebar.org

Editorial Committee: Kelly L. Frey Kathleen Pohlid Tim Ishii Tracy Kane Everette Parrish Bill Ramsey Rita Roberts-Turner Eleanor Wetzel David Winters Victoria Webb

Nashville Bar Association Staff Gigi Woodruff Executive Director ----------Tina R. Ashford Communications Coordinator Susan W. Blair Director, Continuing Legal Education Shirley Clay Finance Coordinator Wendy K. Cozby Lawyer Referral Service Coordinator Nikki R. Gray Director of Communications Traci L. Hollandsworth Programs & Events Coordinator Malinda Moseley CLE Coordinator Judy Phillips CLE Coordinator Vicki Shoulders Membership Coordinator/Office Manager The Nashville Bar Journal, ISSN 1548-7113, is published monthly by the Nashville Bar Association at 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219, (615) 242-9272. Periodicals Postage Paid, Nashville, TN (USPS 021-962). Subscription price: $25 per year. Individual issues: $5 per copy. POSTMASTER: Send address corrections to Nashville Bar Journal, 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219

No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. The Nashville Bar Journal is not responsible for the return or loss of unsolicited manuscripts or for any damage or other injury to unsolicited manuscripts or artwork. All Articles and Letters contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association.

Nashville Bar Association 150 Fourth Avenue North Suite 1050 Nashville, TN 37219 615-242-9272 Fax 615-255-3026 www.nashvillebar.org

Nashville Bar Journal - April 2014

This year marks the 150th anniversary of the passing in the Senate of the resolution that would ultimately become the Thirteenth Amendment to the Constitution, which forever abolished slavery and involuntary servitude in the United States. The measure was passed by the Senate on April 8, 1864, passed by the House on January 31, 1865, and adopted on December 6, 1865. On December 18, 1865, Secretary of State William H. Seward proclaimed its adoption after the requisite three-fourths of the states ratified it. The Amendment states: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Over four million slaves were freed by its passage. Until the Thirteenth Amendment, slavery had been protected in the original Constitution through clauses such as the Three-Fifths Clause, by which three-fifths of the slave population was counted for representation in the House of Representatives, and the Fugitive Slave Clause, which required slaves who fled to another state to be returned to the owner in the state from which they escaped. Though many slaves in the states in rebellion had been declared free by Lincoln's 1863 Emancipation Proclamation, this document was of questionable legality and their post-war status remained uncertain. What perhaps is unknown by many is that there was an earlier proposed Thirteenth Amendment, the purpose of which was to forever constitutionally enshrine slavery in the states allowing for that "peculiar institution." This proposed amendment, passed by the necessary two-thirds vote in the House on February 28, 1861, and the two-thirds vote in the Senate on March 2, 1861, provided as follows: No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State. In what later became known as the "Corwin Amendment,"1 named after Ohio Rep. Thomas Corwin, this amendment was a last ditch effort to placate the South and contain secessionist sentiment. The Senators and Representatives from the seven slave states that had already declared their secession from the Union did not vote on it. The resolution called for the amendment to be submitted to the state legislatures and to be adopted "when ratified by three-fourths of said Legislatures." Outgoing President James Buchanan, a Democrat, endorsed the Corwin Amendment by taking the unusual step of signing it despite the fact that the chief executive had no role in the amendment process. However, Buchanan left to newly-elected President Abraham Lincoln, a Republican, the responsibility of transmitting the amendment to the state legislatures for ratification. Lincoln defended the states' right to adopt it. In his first inaugural address, on March 4, 1861, Lincoln declared that he had "no objection" to the Corwin Amendment, nor that it be made forever unamendable:

2014 NBA BOARD OF DIRECTORS

Charles K. Grant, President Edward D. Lanquist, Jr., President-Elect Dewey Branstetter, First Vice President John C. McLemore, Second Vice President Thomas J. Sherrard, Immediate Past President Stacey Billingsley Cason, Secretary Nicole James, Treasurer Hon. Joe B. Brown, Assistant Treasurer Gareth Aden, General Counsel

I understand a proposed amendment to the Constitution — which amendment, however, I have not seen — has passed Congress, to the effect that the Federal Government shall never interfere with the domestic institutions of the States, including that of persons held to service. To avoid misconstruction of what I have said, I depart from my purpose not to speak of particular amendments so far as to say that, holding such a provision to now be implied constitutional law, I have no objection to its being made express and irrevocable. Thereafter, the man who would become the Great Emancipator transmitted an authenticated copy of the Corwin Amendment with a cover letter to each of the governors. Ohio was the first state to ratify the amendment and Maryland followed suit. An Illinois state constitutional convention that met in 1862, purported to ratify it, but had no legal authority to do so. The onset of the Civil War interrupted the states' ratification processes. Ohio rescinded its ratification in 1864. Technically, the Corwin Amendment is not actually dead. Neither the amendment itself nor the enabling resolution, H.J.R. No. 80, placed a time limit during which it would remain open for ratification. To this day, it lies dormant and ready to be ratified by the required number of states. While this is too far from reality to be taken seriously, it has not stopped Maryland from beginning the process of rescinding its ratification. On February 19, 2014, the Maryland Senate adopted a joint resolution to rescind Maryland's 1862 ratification. The joint resolution is now pending in the Maryland House of Delegates for its consideration.2

(Endnotes) 1

The Corwin Amendment appears officially in Volume 12 of the Statutes at Large at page 251. The Corwin Amendment was the second unsuccessful proposed "Thirteenth Amendment" submitted to the states by Congress, but not ratified by the states. The first was the similarly ill-fated Titles of Nobility Amendment in 1810. See Joel A. Sliversmith, The “Missing Thirteenth Amendment”: Constitutional Nonsense and Titles of Nobility, 8 S. Cal. Interdisc. L.J. 577 (Apr. 1999), available at http://www.thirdamendment.com/missing.html. 2

Reid Wilson, 150 years later, Maryland will try to rescind slavery amendment, Wash. Post, Jan. 30, 2014, available at http://www.washingtonpost.com/blogs/govbeat/wp/2014/01/30/150-years-later-maryland-will-try-torescind-slavery-amendment/.

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Hon. Joe P. Binkley, Jr. Kathryn S. Caudle Irwin J. Kuhn Claudia Levy Hon. Randal S. Mashburn Jeffrey Mobley Andrea P. Perry Matt Potempa Sara F. Reynolds Nathan H. Ridley Maria M. Salas Saul Solomon Jocelyn A. Stevenson Overton Thompson, III M. Bernadette Welch

Got an Idea for an NBJ Article? We want to hear about the topics and issues readers think should be covered in the magazine. Send it to nikki.gray@nashvillebar.org

NASHVILLE BAR ASSOCIATION Each day, we work hard to help people and businesses in our community. The NBA has a wide variety of services and programs that can help lawyers work smarter, stay informed and keep connected with fellow attorneys. From sole practitioners to the largest firms, from legal aid attorneys to those in private practice, the NBA supports all of us so we can better serve our clients and the justice system. Our Bar Association is much more than just a collection of services. The power of our membership lies in the power of the people. WE are the Bar. And together, we shape the future of the legal profession. Nashville Bar Journal - April 2014

communiqué 2014 Nashville Bar Foundation Fellows The Nashville Bar Foundation honored the 2014 Class of Fellows on Saturday, March 1st at the W.O. Smith Music School. Those honored include the following Nashville attorneys: Melissa B. Alexander, Kristen B. Amonette, John E. Anderson, Sr., Andrea Barach, Mark A. Baugh, Robert C. Bigelow, Andrew W. Byrd, Kathryn S. Caudle, David A. Changas, E. Steele Clayton, IV, Isaac T. Conner, Hon. Sophia B. Crawford, Margaret O. Darby, Stanley E. Graham, Jonathan O. Harris, Timothy G. Harvey, Larry Hayes, Jr., Philip D. Irwin, Kenneth R. Jones, Jr., Jennifer L. Kovalcik, Anthony J. McFarland, Mark J. Patterson, W. Brantley Phillips, Jr., Jonathan E. Richardson, John C. Rochford, Yvette K. Sebelist, Yanika C. Smith-Bartley, Russell F. Thomas, Keith A. Turner and Vincent P. Wyatt. The mission of the Nashville Bar Foundation is to support and expand the provision of law-related educational and charitable programs and services that promote the knowledge, understanding, and respect for the law among students, the general public, and the legal community; to preserve the honor and integrity of the legal profession; to foster collegiality among members of the legal profession; and to improve the administration of justice throughout the greater Nashville area. Contributions made from the NBF Fellows enable the Foundation to make grants to several organizations. Grant Recipients from the previous year were recognized at this year’s event. Those included: CASA, Boys & Girls Club, Legal Aid Society and Nashville Children’s Alliance. Judge Phil Smith presented the NBF David Rutherford Award to Jack Norman, Jr. This award is given to a Fellow who exemplifies the memory and ideals of David Rutherford, which include professionalism, charitable contributions in the legal field and in the community as a whole, and the spirit of collegiality among bench and bar. The program concluded with an announcement by Bob Mendes of the Silent Auction Winners. Thanks to Laura Smith Tidwell, Auction Committee Chair; this was the most successful auction to date. Photos are on the NBA website.

NBA Memorial Service

May 15, 2014 Downtown Presbyterian Church The Nashville Bar Association's annual spring Memorial Service will held on Thursday, May 15, 2014 at the Downtown Presbyterian Church. The service begins at 11 a.m. There will be a reception immediately following the service in the church's Fellowship Hall. Attorneys to be honored: J.L. (Jack )Thompson Brannon Huddleston Aaron Wyckoff Charles Craig Morrow

Arnold Lefkovitz Samuel Butts ,III James Campbell, Jr David Discenza

Family members and friends of the deceased are invited to attend. 4

Nashville Bar Journal - April 2014

Legal Aid Society Announces Volunteer Lawyers Program At the Campaign for Equal Justice kickoff luncheon March 5, Legal Aid Society of Middle Tennessee and the Cumberlands announced the creation of the Volunteer Lawyers Program, a regional program to connect volunteer lawyers with clients in all 48 counties served by Legal Aid Society. The Volunteer Lawyers Program replaces the Nashville Pro Bono Program, which helped low income people in 2,883 cases in Davidson and Williamson counties in 2013. The regional program will support the work of all 8 Legal Aid Society offices to increase pro bono legal help for clients. One means to increase resources in rural counties is to create urban-rural partnerships between Nashville law firms and Legal Aid Society’s rural offices. The program’s first partnership is with Bone McAllester Norton PLLC and the Gallatin office of Legal Aid Society. Legal Aid Society gives free civil legal aid to people who have nowhere else to turn. It serves 48 counties from offices in Clarksville, Columbia, Cookeville, Gallatin, Murfreesboro, Nashville, Oak Ridge, and Tullahoma. Legal Aid Society is funded in part by United Way. For more information, visit www.las.org or call 615-780-7127.

Law Day Luncheon Thursday, May 1, 2014 Downtown Renaissance Hotel Registration: 11:30 a.m. Lunch: 12 - 1 p.m. Speaker: The Honorable Alberto R. Gonzales

IS YOUR TEAM REGISTERED YET? The 2014 NBA/NBF Golf Tournament is set for Thursday, May 15, 2014 at the Vanderbilt Legends Club in Franklin, TN. Range balls will be available at Noon with a Shotgun start at 1:00 p.m. We will have a Cookout and Prizes at the conclusion of Play. There will be team prizes and individual contests (longest drive, longest putt, closest to pin, etc.)

Join us for our annual Law Day Luncheon on May 1, 2014. As we approach the 50th anniversaries of the Civil Rights Act of 1964 and the Voting Rights Act of 1965, the 2014 Law Day theme, American Democracy and the Rule of Law: Why Every Vote Matters, calls on every American to reflect on the importance of a citizen’s right to vote and the challenges we still face in ensuring that all Americans have the opportunity to participate in our democracy. REGISTRATION ON PAGE 16

-Golden Oldies

Registration form is available on page 18 or you can go online to www.nashvillebar.org to register yourself or a team. Late fees apply after Thursday, May 8, 2014. If you have any questions, you can contact Traci Hollandsworth at the NBA (242-9272 or traci.hollandsworth@ nashvillebar.org.

Gareth Aden correctly identified the individuals in the March Golden Oldies photo. Pictured are: Randy Kennedy, Alan Lancaster and Bert Haywood

UPCOMING EVENTS:

May 15, 2014 NBA Golf Tournament @Vanderbilt Legends Club - Franklin, TN --------------------------------------------------------------------May 28, 2014 Arts Immersion - Details on page 13 --------------------------------------------------------------------July 19, 2014 Carbolic Smoke Ball @Hard Rock Cafe - Reverb Room (Upstairs) ---------------------------------------------------------------------

April 24, 2014 YLD HAPPY HOUR @Pub 5 (Next to Bridgestone Arena at 104 5th Avenue S) 5:30 - 7:30 PM -------------------------------------------------------May 1, 2014 Law Day Luncheon Speaker: Hon. Alberto R. Gonzales @Renaissance Hotel ---------------------------------------------------------------------

Nashville Bar Journal - April 2014

Feature

Getting Housed….in a Good Way

How New Mortgage Rules from the Feds Could Make Foreclosure a Last Resort by:

Matt Pulle

In 2008, James McCreery lost his job as an operations manager for a transport company. The economy had just collapsed as the nation’s largest financial institutions, teetering on the edge of insolvency, required a series of bailouts to remain standing. An economic crisis, unlike any other since the Great Depression, had arrived. In McCreery’s Murfreesboro neighborhood, the signs of the collapse started to pop up everywhere. Literally. He says that of the nearly 200 homes that had been built from 2002 to 2009 in his area, nearly 25 of them were up for sale, usually because the bank had foreclosed or was readying the paperwork. At first McCreery wasn’t all that worried. An affable Chicago native whose thick accent practically cooks up a deep dish pizza, McCreery is the kind of guy who believes that bad luck runs out just before you lose your resolve. So he kept a positive attitude. And at the time it helped that McCreery and his wife had $20,000 put away and could pay their bills. But six months rushed by, James was unable to find a job posting, much less a job, and the McCreery’s hard-earned savings started to wane. Although he was still current on his mortgage, James now paid extra attention to speeches and news segments about federal programs that supposedly could help him reduce his monthly payments and avert foreclosure. The first step a struggling homeowner had to take—he kept on hearing again and again—was to call his mortgage company. So he did and James and his wife qualified for a modification that lowered his payments and allowed him to keep his home.

may seem intrusive setting out when and how mortgage companies reach out to struggling homeowners. But the point of the CFPB’s regulations is to provide accountability for the mortgage companies who benefitted from swift taxpayer-funded bailouts only to ever-so-slowly—if they did so at all—come to the aid of their struggling borrowers. Now they have to promptly and thoroughly evaluate struggling homeowners for options to foreclosure, something many of them didn’t do when the housing market crumbled. McCreery’s tale almost singlehandedly makes the case for the CFPB’s new rules. His four-year pursuit of a modification battered his credit, and put his unpaid interest, piling up all this time like cars in a junkyard, at the end of his note giving him a mortgage that may have been worth more than value of the home. It’s debatable whether or not he and his wife should have just walked away, rented for a few years, then maybe took a shot at buying a new home. They didn’t get much of a deal. But it didn’t have to work out this way.

If only it didn’t take four years.

When McCreery first called his mortgage company, a loan specialist told him that he couldn’t qualify for relief unless he fell behind. She instructed him to skip three payments, which he did although with the wariness of someone who had always paid his bills. But he listened. This was his bank talking and his loan specialist told him he would definitely qualify for one of the bank’s five hardship programs.

Earlier this year, the Consumer Financial Protection Bureau (CFPB) passed sweeping new rules dictating how mortgage companies work with their borrowers who have fallen behind. At first glance the rules

Over the next 14 months, as he fell further and further behind, McCreery called the bank at least once every four weeks for an update. “No one ever called me,” he

Nashville Bar Journal - April 2014

said. When he reached his bank it was clear that no matter who he spoke to, no one knew the details of his application. “When I called them they told me not to worry, I will qualify,” he remembers. “But every time I called I spoke to someone new. So nobody could really look at your account and talk to you about your situation.” Over a year later, McCreery found out that he didn’t qualify for the first hardship program. Nobody gave him a reason and now he needed to apply again. At the time he had started his own business and his income had started to recover. His wife was working too and they probably should have qualified right then and there for a loan modification—one that would extend the term, lower the interest rate and lower his payments. But McCreery’s bank—six months later this time—rejected him for the second program, again with little explanation. Over the next two years, they turned him down again and again, like a bouncer nudging away a middle-aged dad from the entrance of a trendy club. In this case, an ever revolving cast of harried employees lost his paperwork, and lost touch as McCreery now had to fight with his bank to push of a series of scheduled foreclosure sales so that they could actually review him for a modification in good faith. McCreery was hardly alone. At the height of the housing crisis when homeowners were trying to pay inflated loans off slashed incomes, the mortgage companies simply didn’t have the personnel, the policies and the know-how to help people qualify for modifications. As a result, untold numbers of people lost their homes even when they had the income to support a modified payment under the federal Making Home Affordable Program. (HAMP)

“The HAMP program was not a bad program but the mortgage companies were charged with executing it and they were not trained to do loss mitigation,” says Gene Saxon, a housing attorney at Memphis Area Legal Services. “Putting the lenders in charge of loss mitigation was like putting Anheuser-Busch in charge of AA.” How the CFPB’s New Rules Change the Game Enter the Consumer Financial Protection Bureau, a federal agency created under the 2010 Dodd Frank Act and charged with regulating financial institutions. The CFPB, which under Dodd-Frank has the authority to adopt specific mortgage rules, announced amendments to the regulations implementing the Real Estate Settlement Procedures Act and the Truth and Lending act last year. These amendments comprise the new servicing rules. Implemented on January 10, 2014, the new rules increase the agency’s oversight over the mortgage companies, provide strict timelines they have to follow and give homeowners legal remedies in the event they are unnecessarily pushed to the brink of foreclosure. In essence, they mandate that mortgage companies work proactively with homeowners like James McCreery, who should now have clear expectations on what to expect when they’re applying for programs meant to help them. “What we are requiring of servicers are the kind of basic practices of customer service that should have been implemented long ago,” said Steve Antonakes, the deputy director of the CFPB, at the Mortgage Bankers Association conference last February. “We have said that in the early months we will look to see that those subject to the rules have made a good faith effort to comply. A good faith effort,

however, does not mean servicers have the freedom to harm consumers. It has felt like ‘Groundhog Day’ with mortgage servicing for far too long.” One of the most important part of the news rules is “Early Intervention,” a series of strict timelines meant to help homeowners before their difficulties spiral out of control. For example, the rules require mortgage companies to “establish live contact” with borrowers no later than the 36th day of delinquency. Within nine days, they must provide written notice about any options struggling homeowners may have to avoid foreclosure, including a repayment plan, a forbearance or a loan modification. After that the mortgage companies must assign either a single person or a team of personnel to the borrower and help fill out necessary forms and provide updates on deadlines and foreclosure referrals. Attorneys can take advantage of the new rules to help clients who are at risk of losing their home. For example, if a borrower completes the application for a modification within 120 days of falling behind, the mortgage company can’t proceed to foreclosure. So if you have a client who is a month late, have him fill out an application for a modification immediately. That will slow down the foreclosure process immeasurably—and give him a chance to either qualify for a modification or look into other ways to reinstate. It’s also vital to have a client fill out an application for a modification if she has a sale date but is more than 45 days out. In that case, the mortgage company is required to provide timely updates on the application, including a letter detailing what items (tax returns, profit and loss statement, etc.) may be missing. The mortgage company will also have to make Continued on Page 20 

Nashville Bar Journal - April 2014

NUTS & BOLTS OF PRACTICE

How To Dissolve a Tennessee LLC by:

Tracy Kane

Nuts and Bolts: How To Dissolve a Tennessee LLC1 Step 1: Add water. Step 2: Stir. Step 3: Read the rest of this article. Water aside, the dissolution and winding up process for Tennessee limited liability companies (LLCs) is almost that simple. By design, LLCs are flexible legal entities. They allow the members (i.e., the owners) to limit their personal liability while enjoying a single layer of federal taxation (i.e., pass-through or partnership taxation, which is different from corporate taxation, but that’s for another Nuts and Bolts article). The members are largely free to agree on almost every aspect of owning and managing the LLC through a written operating agreement. For those indecisive or just-never-got-around-to-it types, though, members can also just rely on default statutory provisions. As easy as it is to create an LLC, it is almost as easy to dissolve and terminate it. An LLC may be dissolved by the members by any procedure set forth in the LLC documents (i.e., the operating agreement) or if there is no provision in the LLC documents, then at a meeting of the members by a majority vote.2 An LLC may also be dissolved by the organizers, by court action or by the Secretary of State.3 A dissolved LLC will then be wound up and terminated (unless the dissolved LLC is merged into a surviving entity). The dissolution process, therefore, has three steps: 1. Dissolution  Majority vote by the members (or procedure in LLC documents); or by court or administrative action 2. Winding up  Notice of dissolution to administrative and taxing authorities and creditors; collection and payment of debts; distribution of assets, if any 3. Termination  Filing Articles of Termination with Secretary of State terminating the legal existence Once the dissolution has been approved or occurs, the LLC must file a notice with the secretary of state, paying the $20.00 filing fee.4 Once the Notice of Dissolution has been filed, the LLC must cease to carry on its business, except to the extent necessary to wind up its affairs. Members retain the right to remove or appoint directors, managers or officers during the winding up process and members may revoke the dissolution at any time prior to filing the Articles of Termination.

Nashville Bar Journal - April 2014

The winding up process essentially involves collecting all known debts due or owing to the LLC and paying all known debts (except for disputed debts), obligations, and liabilities of the LLC according to their priorities under Tenn. Code Ann. § 48-249-620.5 Paying the LLCs debts may require selling some or all of the assets of the LLC, which the managers or directors of the LLC are permitted to do without approval of the members (unless the LLC is member-managed).6 Finally, any remaining assets of the LLC, whether tangible or intangible property, are distributed to the members and holders of financial rights, again, in accordance with their priorities under Tenn. Code Ann. § 48-249-620.7 A dissolved LLC should give notice of dissolution to creditors and claimants, whether known or unknown, present or future, and contingent or noncontingent. This notice of dissolution has the effect of barring claims not raised or enforced within four months of the notice.8 The process involves sending the Notice of Dissolution to all the LLC’s known creditors and either paying the amount due or disputing the claim.9 The LLC should also publish in the newspaper a notice to all unknown creditors or potential claimants that the LLC is winding down and plans to terminate.10 Once the business and affairs of the LLC have been wound up, including payment all outstanding taxes, the LLC files Articles of Termination (along with the filing fee11), which have the effect of terminating the LLC forever.12 Note that if the LLC chooses not to provide notice of the dissolution to creditors and claimants by following the procedures set forth in Tenn. Code Ann. § 48-249-611, then such creditors and claimants may recover from the LLC after the Articles of Termination are filed, but only to the extent they file a complaint seeking enforcement of valid claims within three years from the date of the LLC’s filing of the Articles of Termination.13 If a creditor or claimant has a legally enforceable claim, it may enforce such claim against the dissolved LLC to the extent of the LLC’s undistributed assets, or, if the assets have been

distributed, against a member or holder of financial rights of the dissolved LLC to the lesser of the member or holder’s pro rata share of the claim or the LLC assets distributed to the member or holder.  Tracy Kane is a shareholder with Dodson, Parker, Behm & Capparella, PC, focusing on estate planning and business law. She is a graduate of Vanderbilt University Law School and former law clerk to the Honorable Richard Dinkins on the Tennessee Court of Appeals.

(Endnotes)

Tenn. Code Ann. § 48-249-610(c).

Note that this article describes how to dissolve a Tennessee LLC organized under the Tennessee Revised Limited Liability Company Act, which applies to all companies created after January 1, 2006. If the LLC was organized prior to January 1, 2006, and has not elected to be governed by the Tennessee Revised Limited Liability Company Act, then the company must comply with the provisions of the Tennessee Limited Liability Company Act found at Tenn. Code Ann. § 48-201-101, et seq.

Tenn. Code Ann. § 48-249-610(c) and (d).

Tenn. Code Ann. § 48-249-610(e).

Tenn. Code Ann. § 48-249-611.

Tenn. Code Ann. § 48-249-611(b).

Tenn. Code Ann. §§ 48-249-602.

Tenn. Code Ann. §§ 48-249-601-603. Note that the Secretary of State will administratively dissolve an LLC that has failed to file its annual report and accompanying filing fees within the appropriate time. A LLC may cure an unwanted or unintended administrative dissolution by filing the appropriate prior year(s)’ annual reports and fees. See, generally, Tenn. Code Ann. §§ 48-249-604-608 for grounds, effect, reinstatement and appeal with respect to administrative dissolution. 3

Tenn. Code Ann. § 48-249-611(c).

Note that the filing fee is $20.00 if the LLC is being terminated by the members or organizer, but the fee is $100.00 if you are terminating the LLC following administrative dissolution. 11

Tenn. Code Ann. §§ 48-249-613 - 614. You can use the Secretary of State’s pre-approved forms, which contain all the required information, by going to http://www.tn.gov/sos/bus_svc/forms.htm. Note that there are different Articles of Termination depending on whether the LLC is terminated by the members, the organizer, or by administrative action.

Tenn. Code Ann. § 48-249-611(d)(2).

Tenn. Code Ann. § 48-249-609. You can use the Secretary of State’s pre-approved form, which contains all the required information, by downloading at http://www.tn.gov/sos/forms/ss-4246.pdf. 4

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THE ROOM YOU NEED Continued on Page 9  ANNAPOLIS • ATLANTA • BOSTON • HOLLYWOOD • MIAMI • MONTREAL • NASHVILLE • NEW ORLEANS • NEW YORK ORLANDO • PHILADELPHIA • SAN DIEGO • SANTA MONICA • ST. PETE BEACH • TUcsON • WASHINGTON D.C.

Nashville Bar Journal - April 2014

Feature

COUNSEL IN COUNCIL by:

Bart Pickett

Per the Metropolitan Charter, Davidson County has a legislative body made up of 40 members—35 from councilmanic districts and 5 at-large members. Out of the current makeup, only two of the members, or 5% of the Metro Council, are licensed, practicing attorneys: Jason Holleman (District 24) and Carter Todd (District 34). Three other councilmen have law degrees but are not licensed to practice at present. Holleman and Todd both were elected in 2007, and re-elected in 2011. Jason Holleman represents District 24, which encompasses a large portion of West Nashville including Sylvan Park. Holleman graduated from Tulane University School of Law in New Orleans, Louisiana in 1998. He currently practices at Jones, Hawkins & Farmer, PLC as partner focused in the areas of public policy advocacy, state and local government regulation, municipal land use and zoning, condemnation and civil litigation. Holleman previously worked as the City Attorney for the City of Mt. Juliet, Tennessee where he represented all boards and commissions within the municipal government, including the Board of Commissioners, the Board of Zoning Appeals, the Beer Board, and the Municipal-Regional Planning Commission from 2008-2012. In the Metro Council he serves on the “Charter Revision”, “Convention, Tourism and Public Entertainment Facilities”, “Education”, and “Planning, Zoning and Historical” committees. Carter Todd represents District 34 which includes Green Hills, Forest Hills, and Oak Hill. Todd graduated from Vanderbilt University School of Law in 1982. He currently practices at Adams and Reese LLP as Special Counsel. His practice focuses on corporate transactions, securities, and mergers and acquisitions. Todd also serves as General Counsel of XMi Holdings, Inc., a diversified Nashville-based management company focusing on venture capital, business consulting, corporate finance, and mergers and

10 Nashville Bar Journal - April 2014

acquisitions. In the Metro Council he serves on the “Convention, Tourism and Public Entertainment Facilities”, “Health, Hospitals and Social Services”, and the “Public SafetyBeer and Regulated Beverages” committees. Both Holleman and Todd believe that being a lawyer helps them better serve their constituents. Council Member Holleman points to his ability to understand, access, and navigate the Metro Code as one of the ways his legal acumen benefits his constituents. He also finds that occasionally it's good to be able to understand general rights and remedies that constituents may have outside of the Metro Government so that he can help point them to other agencies in other levels of government or to private remedies. Council Member Todd has found his legal training to be very valuable on the Council which he feels has helped him served his clients better. His background as a corporate and securities attorney has enabled him really to understand the different bond financings that have been presented to the council and to be able to help explain them to his constituents. His training has also helped him to understand the City’s budget process

and explain its financial statements. Todd further uses his legal background to help him work with other regulatory bodies like the Planning Commission. “My legal training has also helped me understand when a potential piece of legislation really has no chance. Some council members have proposed bills that have potential constitutional concerns and the lawyers on the Council have been able to help guide some of that. The recent ‘domestic chicken’ bill that excluded certain council districts was perhaps an example of that,” explains Todd. Holleman and Todd find that other members look to them at times for guidance due to their legal background. Carter says he gets lots of questions from other council members about whether a particular type of bill will work to solve a certain problem. He also points out that the members have a General Counsel (Jon Cooper) for the Metro Council, and he is very helpful in answering questions for the various council members. Holleman says he often gets questions from his colleagues about legal processes and procedures, as well as some of the nuances of the Metro Code. But, similarly, he’s glad to have an architect, like Council Member Fabian Bedne, and an engineer, like Council Member Burkely Allen, when technical issues arise during zoning and infrastructure discussions. “We all have our special skills that we bring to the body, and it's important to collaborate and help each other with the areas that we know best,” notes Holleman. Both of them agree that the Council could certainly use some more attorneys serving our city. “While I do think there is often value in having a wide spectrum of professions represented in the room, there are times when it is good to have enough lawyers in the room to help separate out intended policy from unintended legal consequences that may occur,” explains Holleman. He goes on to note that the trend of the decline of lawyers in legislative bodies is one that can be seen also at the state and federal level. Given that both of these councilmembers are term limited, the future of licensed, practicing attorneys in the Metro Council remains anyone’s guess until the 2015 elections.  Bart Pickett is an attorney at the Law Offices of Julie Bhattacharya Peak where he represents Liberty Mutual Group, Inc.’s insureds and customers of its affiliated groups throughout Middle Tennessee. Prior to practicing, Pickett worked as a law clerk for the Honorable Judge Thomas W. Brothers of the Sixth Circuit Court of Davidson County and the Honorable Joseph P. Binkley, Jr. of the Fifth Circuit Court of Davidson County.

ORDER YOUR NBA DIRECTORY ONLINE TODAY @ WWW.NASHVILLEBAR.ORG What Does That Attorney Look Like Who You Only Communicate With Via Email? Need to find the New Address of an Old Law Parnter? ******************************************* Find Out In The New 2014 NBA Attorney Directory!

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Nashville Bar Journal - April 2014

BIL L G A & PH DG ET O IL'S F THE

MONTH

TEST DRIVE: GALAXY NOTEPRO 12.2

By: Bill Ramsey, Neal & Harwell, PLC and Phillip Hampton, LogicForce Consulting

In this month’s column, we are reviewing another Samsung device we saw at the 2014 Consumer Electronic Show, the Samsung Galaxy NotePro 12.2. When we first saw this device on the floor of CES, we both said, “What a cool and usable device.” However, when Bill picked up the device, he announced, “This is too big to be useful.” Within a few months, however, Bill went down to Best Buy and shelled out $850 for a 64 gigabyte model of the Galaxy NotePro 12.2. Now, he loves it. While there are some problems with the size of the device, its usability and the power of the device more than make up for any shortcomings. First, we admit the device stretches the upper limits of what can be easily called “a tablet.” Its screen size makes it more like a competitor to 13-inch laptops or ultrabooks, rather than a tablet competitor. In spite of its size, the Galaxy NotePro is surprisingly light. It only weighs a few more ounces than the classic 10-inch iPad. (It weighs 26.5 ounces, and a classic iPad weighs 23.5 ounces. However, an iPad Air weighs about 17 ounces.) The increased size means that it is very difficult to handle with one hand, but, on the other hand (no pun intended), its size allows it to accommodate a full-size onscreen keyboard. One can comfortably type on the onscreen keyboard, but for our money, we believe that it is better to add a keyboard case by Zagg or Samsung to make typing even easier. The NotePro also includes an S Pen stylus, a feature that we have talked about many times. The S Pen makes it easy to draw and sketch, and the handwriting recognition is excellent. Consequently, you can use it as an “electronic yellow pad” and take handwritten notes on it. In addition, the keyboard (separate and on-screen) has control keys that let you use standard Microsoft Windows shortcuts. It also has cursor keys, so you can use them with the shift key to select text. All are very handy features. The NotePro runs the latest Android version, KitKat 4.4, and contains all the standard Samsung apps, etc. The NotePro also uses the new standard microUSB 3.0 type connector, and it contains a microSD slot for adding additional storage. The included applications are a “mixed bag.” The email application is excellent. You can choose the type of display you wish to have: one, two, or three columns. In the three-column mode, you have one for folders, one for messages, and one for the selected email’s content. The mix in the application bag, so to speak, is the Hancom Office Suite that comes free with the Samsung Pro Series. The Office Suite is intended as a replacement for Microsoft Office, but it is not nearly as powerful. The look and feel and of the Hancom Office Suite is very close to the look and feel of Microsoft Office, and it is compatible with all Microsoft Office file types. The problem is that it does not have many of the features of Microsoft Office, and it is not nearly as powerful. For example, there is no way to compare documents in the Hancom Office Suite, and it does not display changes you have tracked using the blackline or redline feature of Microsoft Office. Continued on Page 13 

12 Nashville Bar Journal - April 2014

presented by THE ARTS & BUSINESS COUNCIL OF GREATER NASHVILLE in partnership with THE NASHVILLE BAR ASSOCIATION YOUNG LAWYERS DIVISION

Continued from page 12

All things considered, the Galaxy NotePro 12.2 is a powerful and enjoyable device. It comes very close to a tablet that is a laptop (and even a desktop) replacement. It has computing power; a large screen; all the apps you will really need; and even the ability to display multiple floating windows on the screen, so you can actually have several “desktops” on the screen at once. With a screen as large as the 12.2-inch screen of the NotePro, the multiple screens are easy to use, including copying and pasting items from one window to another. The NotePro is not yet a complete replacement for an Ultrabook, or even the Microsoft Surface Pro 2, but it demonstrates the trend in tablet devices. We predict that tablets will ultimately replace laptops and ultrabooks, and perhaps even desktop computers, as their power and capabilities of tablets continue to improve. Right now, the Galaxy NotePro 12.2 is the closest a tablet comes to being a full replacement for a notebook or ultrabook, but it is not quite there yet.  See you next month, —Bill & Phil

WHAT: An intro via immersion to Nashville’s creative community, this summer soirée showcases music, acting, dance, film, visual and performance art from some of our finest local talents. The evening is topped off with a unique silent auction featuring everything from co-writing sessions with top songwriters to enticing offers from local businesses. WHO: Arts Immersion celebrates the convergence of Nashville’s creative and business communities. Attorneys, artists and a plethora of business professionals - a.k.a. - the perfect blend of suits and skinny jeans. WHY: To give a big thank you – both to our city’s creative talent and the professionals that so generously support it. Proceeds from the night benefit Volunteer Lawyers & Professionals for the Arts, a program of the Arts & Business Council. The VLPA program has provided $1 million worth of free legal and business help to over 1,000 low-income artists and 300 nonprofit arts organizations over the past five years. WHEN & WHERE: Wed., May 28, 2014, 6 -9 p.m. at W.O. Smith School. Official After-Party at Citizen (a portion of the proceeds benefiting VLPA).

APPELLATE BRIEFS and ARGUMENT THOMAS F. BLOOM, J.D. (Emory 1977) (615) 260-5952; tfbloom1@comcast.net Retained by attorneys throughout the State for 29 years to draft briefs and/or argue cases in over 400 appeals, State and Federal. Research assistance also available.

FOOD/DRINK: Plenty. And did we mention it’s open bar? There will be ample libations, as well as delicious fare from Nashville vendors and restaurants. TICKETS: $40, available at www. abcnashville.org starting early April. Patron Package available.

Quality Guaranteed at reasonable cost. References available upon request.

Nashville Bar Journal - April 2014

Interest

An Ethical Crossroads; Dealing With The Personality-Challenged Lawyer by:

Phillip Byron Jones

In Legal Ethics: The Lawyer's Desk Book On Professional Responsibility, Ronald Rotunda and John S. Dzienkowski highlight how popular culture often criticizes lawyers and how lawyers suffer psychologically from work-related stress and public image stigma. In the 1970s Chief Justice Warren Burger became concerned that the general public saw lawyers in a bad light and, as a result, he persuaded the American Bar Association to create a special commission to study the problem. I believe that the public's critical image of lawyers is at least, in part, a by-product of the negative inertia that spins off the ethical crossroads created when lawyers are called upon to deal with other lawyers. Recognized Personality Types We all have our personality shortfalls. In fact, the American Medical Association and other psychology-related organizations identify over a dozen types of personalities. Many of these personalities are quickly recognized, such as the Narcissistic Personality, and many of them manifest themselves more extensively when held by people in positions of authority (e.g., doctors, lawyers, politicians). Sadly, other personalities create Gibraltar-type obstacles when lawyers interface with personality-challenged

14 Nashville Bar Journal - April 2014

lawyers in commercial litigation, mergers, divorce proceedings, and the like. Some particularly challenging personalities are identified as follows: • Obsessive-Compulsive Personality: An obsessive-compulsive personality is a condition characterized by a chronic preoccupation with rules, orderliness and control. • Histrionic (Hysterical) Personality: A histrionic personality involves a pattern of excessive emotional expression and attention seeking, including an excessive need for approval. • Narcissistic Personality: A narcissistic personality is characterized by self-centeredness. Like the histrionic personality, people with this personality seek attention and praise. • Passive-Aggressive (Negativistic) Personality: A passive-aggressive personality is a chronic condition in which a person seems to acquiesce to the desires and needs of others, but actually passively resists them and becomes increasingly hostile and angry. Go ahead and admit it: Anyone reading this article has visualized one or more attorneys that fall within one or more of these personalities. That image, and the angst that comes with it, creates an ethical dilemma for each of us.

To start, none of us is a trained psychologist. From 1986 to 1989, I was a student at the University of Louisville, School of Law. Like the readers of this article, I completed the core curriculum as well as elective courses I found to be of interest. Shortly before my final year of law school, the Kentucky Supreme Court modified its rules to require law students to sit for an additional one-half day Ethics Exam, as a prerequisite to sitting for Kentucky's State Bar Exam. I sat for the Ethical Exam in Kentucky and thereafter relocated to Tennessee, whereupon I sat for the Tennessee Bar Exam. I naively thought that I was fully trained and, if I worked hard, that I would be a successful attorney. I quickly learned that the knowledge obtained in law school is inadequate for one of the largest obstacles to being a successful (and ethical) attorney; namely, dealing with lawyers that have challenging personalities. Therefore, I have set forth below some nuggets of information that may be enlightening. To start, Rule 6 of Tennessee's Supreme Court Rules mandates that each of us, in order to be an applicant for admission to the Bar, solemnly swear an oath, that includes that the applicant will "truly and honestly demean" himself in the practice of law. "Demean" is defined as to express one's "dignity or stature" or to "humble" oneself. More importantly, "demeanor" is defined as the way in which a person "behaves or conducts" themself. Yet, it is difficult to act with dignity or behave nicely when faced with the personalitychallenged lawyer. 1

in remaining ethical and his drive to earn a satisfactory living. The Rule goes on to mandate that the lawyer's obligation to zealously protect his client's interest be filtered by the requirement to maintain a "professional, courteous and civil attitude toward all persons involved in the legal system." Tenn. S. Ct. R. 8 (emphasis added). Sadly, maintaining a "professional, courteous and civil attitude" is difficult when interfacing with a personality-challenged attorney (as we all have our shortfalls). However, Rule 2.1 of the Rules of Professional Conduct mandates that the role of a lawyer goes beyond being a mere zealot for his client. It further defines the role of a lawyer as being an "advisor." Moreover, it states that a lawyer can (and should) take other considerations into account in the practice of law, including "moral, economic, social and political factors that may be relevant." R. Prof. Cond. 2.1 (emphasis added). I believe that this is not only a mandate, but a license for each of us to navigate with our peers in order to advance the higher calling of the law; to go beyond mere "gamesmanship."

Thus, I believe that Rule 8 permits us to meet our adversaries where they are and, in doing so, to avoid sand pits which only escalate the cost of litigation, slow down the judicial process and achieve no common good. As a wise person once said: Discretion is, after all, the better part of valor. Suggestions of ways to avoid these sand pits when dealing with one another include the following: 1) Avoid writing letters if your primary objective is to stroke your client's ego by "setting the other side straight," "showing it to them," and the like. These letters will not advance your client's cause, particularly when directed at other lawyers. 2. Avoid engaging in "email volleyball," particularly when it is evident that the exchange will only heighten emotions, particularly when directed at other lawyers. Continued on Page 18 

Luckily, the Rules predict these crossroads and go on to provide the grounded lawyer with guidance. For example, Rule 8, which embodies Tennessee's Rules of Professional Conduct warns that the practice of law will no doubt involve "difficult ethical problems" from the conflict between a lawyer's own interest

Nashville Bar Journal - April 2014

NASHVILLE BAR ASSOCIATION LAW DAY LUNCHEON Thursday, May 1, 2014 Downtown Renaissance Hotel Registration: 11:30 a.m. Lunch: 12 - 1 p.m. Speaker: The Honorable Alberto R. Gonzales

Law Day is a national day set aside to celebrate the rule of law. Law Day underscores how law and the legal process have contributed to the freedoms that all Americans share. One of our most cherished national ideals, expressed eloquently by Abraham Lincoln, is “government of the people, by the people, for the people.” It is a principle enshrined in our Nation’s founding documents, from the Declaration of Independence’s assurance that governments derive their powers from the consent of the governed, to the opening three words of the Preamble to the U.S. Constitution, “We the People.” The right to vote is the very foundation of government by the people. For this reason, striving to establish and protect every citizen’s right to vote has been a central theme of American legal and civic history. Much of the struggle on voting rights began decades ago, but the work is far from complete, and a citizen’s right to cast a ballot remains at risk today. As we approach the 50th anniversaries of the Civil Rights Act of 1964 and the Voting Rights Act of 1965, the 2014 Law Day theme, American Democracy and the Rule of Law: Why Every Vote Matters, calls on every American to reflect on the importance of a citizen’s right to vote and the challenges we still face in ensuring that all Americans have the opportunity to participate in our democracy. Our speaker this year is The Honorable Alberto R. Gonzales who was the 80th United States Attorney General, appointed in February 2005 by President George W. Bush. He was the first Hispanic to serve as White House Counsel, and earlier he had been Bush’s General Counsel during his governorship of Texas. Gonzales had also served as Secretary of State of Texas and then as a Texas Supreme Court Justice. Judge Gonzales is Counsel at Waller Lansden and holds the Doyle Rogers Distinguished Chair of Law at Belmont University.

REGISTRATION - NBA LAW DAY LUNCHEON: 11:30 a.m. Check-in - Lunch from 12 - 1 p.m.

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News

NASHVILLE BAR FOUNDATION ANNOUNCES GRANT RECIPIENTS The Nashville Bar Foundation, the charitable arm of the Nashville Bar Association, announced that four local organizations received Bar Foundation grants to support their respective, law-related educational and charitable initiatives. 1. The Family Center received $2,000 to develop a new program, “Fighting for the Future: Building a Bridge Between family Law and Child Welfare to Prevent Abuse,” that will provide training to Nashville area lawyers to increase their knowledge of child abuse, its implications, services available, and to improve communications with service providers. 2. Legal Aid Society of Middle Tennessee and the Cumberlands received $10,000 to expand the legal help offered to the immigrant and refugee community through its Volunteer Lawyers Program. 3. Mental Health America of Middle Tennessee received $1,500 to create an educational seminar focusing on issues that attorneys, mediators, and legal assistants may face when dealing with clients who have personality disorders, high anxiety, or a mental illness or when dealing with their Employee Assistance Programs and the Tennessee Lawyers Assistance Center. 4. Nashville Community Education received $1,425 to expand The People’s Law School, a program that offers a series of free legal classes to the public about important legal issues. The mission of the Nashville Bar Foundation is to support and expand the provision of law-related educational and charitable programs and services that promote the knowledge, understanding, and respect for the law among students, the general public, and the legal community; to preserve the honor and integrity of the legal profession; to foster collegiality among members of the legal profession; and to improve the administration of justice throughout the greater Nashville area. The Foundation also periodically presents the David Rutherford Award to a Fellow of the Foundation who exemplifies the memory and ideals of David Rutherford, which include professionalism, charitable contributions in the legal field and in the community as a whole, and the spirit of collegiality among bench and bar. 

Nashville Bar Journal - April 2014

An Ethical Crossroads; Dealing With The Personality-Challenged Lawyer Continued from page 15

3. Avoid fighting every battle; that is to say, realize early that every issue does not require argument and, that on occasion, a lawyer can concede a point without compromising his client's rights, and that such a concession can in many instances engender good-will from your peers, expedite a process, or actually advance your client's cause. While the three suggestions set forth above address what a lawyer should avoid, the primary suggestion I have for navigating the ethical crossroad of dealing with other lawyers involves what a lawyer should do. Namely, we should use the telephone. Younger lawyers today seem reluctant to pick up the telephone and call their adversaries. More often than not, they only

schedule meetings to discuss a case when ordered to do so by a judge. In contrast, older lawyers regularly follow the practice of using the telephone or conducting meetings, face-to-face, with their adversaries. That historic method of practicing law is tried and true.

(Endnotes) 1 American Heritage Dictionary (2nd Coll. Ed.).

This lawyer is thankful to Alexander Graham Bell's ingenuity and encourages each of us not to shy away from its benefits.  Phillip Byron Jones is a Shareholder in the Nashville firm Evans, Jones & Reynolds, P.C. He focuses on business law, with an emphasis on business litigation. He is a 1989 graduate of the University of Louisville, School of Law.

2014 NBA/NBF Golf Tournament Presented By: Nashville Bar Association & Nashville Bar Foundation Thursday, May 15, 2014 Vanderbilt Legends Club Franklin, TN 12:00 noon – Range Balls Available 1:00 p.m. – Shotgun Start

NAME:

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Entry fees: NBA members on or before May 8: $140.00 per player Non-NBA members on or before May 8: $160.00 per player Price includes greens fee, cart, beverages, snacks, range balls & dinner. Foursome: (please include handicap) 1. _________________________ _____ 2. _________________________ _____ 3. _________________________ _____ 4. _________________________ _____

18 Nashville Bar Journal - April 2014

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NASHVILLE BAR ASSOCIATION Benefits of Membership

The Nashville Bar Association helps build a sense of community and camaraderie among our members and comes with tangible and intangible benefits for your career, profession, and community. Our members come from the public and private sectors, from large multi-state firms to solo practices; they are judges, in-house counsel, law students, paralegals, educators, and everything in between. Here are a few of the many reasons to belong to the NBA…

• Connect with Your Local Legal Community The NBA provides numerous opportunities to meet and connect with other Nashville-area attorneys. Through networking, social events, continuing education, committee work, and other career and personal development opportunities, we help bring our profession together. • Expand Your Business and Client Base Build relationships, network, and gain referrals through activities and programs, CLEs, committee work, volunteer projects, or by joining the NBA Lawyer Referral and Information Service at the member rate. • Be a Better Lawyer Learn from fellow lawyers and judges at NBA events. Enhance your professional development through high-quality CLE programs and committee in-service meetings, and stay informed with insightful and timely articles in the Nashville Bar Journal. • Sharpen Your Practice Skills with CLE Attend our innovative, and engaging CLE courses featuring local, regional, and national presenters. Our skilled faculty will keep you current on the nuts and bolts of the law, local rules and customs, ethics and professionalism, winning practice strategies, and key practice procedures—all at special NBA member rates. • Give Back to the Community Serve the public and help improve the image of lawyers by participating in community service projects offered by the Young Lawyers Division and the NBA throughout the year, volunteer for Dial-A-Lawyer—a free call-in service where members provide general legal information to the public, or help with one of the many projects offered through the Minority Opportunities Program. • Meet New People Don’t just hang out with familiar faces. Use social gatherings, NBA CLE’s, committee work, and Young Lawyer Division events and community projects to build your network of contacts throughout Nashville and surrounding counties.

• Learn from the Experts Attend NBA CLEs to hear from law practice leaders who will share their expertise and practical experience. Be educated, enlightened, and even entertained by keynote speakers and other special guests from the legal community—local, regional, and national. • Be a Leader Set the pace in the legal community by serving on committees, publishing Nashville Bar Journal articles, helping produce or present CLE seminars, joining the Young Lawyers Division, participating on the NBA Board, or working with the Nashville Bar Foundation. • Refresh and Renew Yourself Take time out from your daily routine to attend a Bar event or activity—such as the annual Golf Tournament, Free Member Picnic or one of our many Happy Hour gatherings—and catch up with old friends or unwind with new ones. And more… • Use the NBA Center—to hosts meetings, arbitrations, depositions, and other events. Members may also use the NBA’s Guest Attorney Office when they need an “office away from the office” with internet and phone access. • Visit the NBA’s Online Career Center—where you can post your resume, search job postings, and access the career resources library. • Receive Announcement Emails—covering timely events, membership news, spotlighted events, and CLE announcements. • Participate in the NBA’s Lawyer2Lawyer Mentoring program—a web-based resource designed to connect experienced attorneys with newer attorneys who desire assistance with substantive legal issues or the personal and professional demands of practicing law. • Use the NBA Attorney Directory—to find names, photos, and contact information for Davidson County lawyers and judges, firm listings, court information, and areas of practice of local attorneys.

Nashville Bar Journal - April 2014

Getting Housed….in a Good Way How New Mortgage Rules from the Feds Could Make Foreclosure a Last Resort Continued from page 7

a determination on the application before the sale date, evaluating the homeowner for all available programs. If the bank denies the borrower for a modification, it has to provide a clear explanation in writing. In many cases, the borrower can appeal the rejection and have new personnel look at his application again. One of the main objectives of the rules is to prevent dual tracking, the practice in which mortgage companies proceed to foreclosure while half-heartedly reviewing the borrower for a modification. This practice, which in part led to the $25 billion National Mortgage Settlement, greatly harmed people at the height of the housing crisis who in many cases may have been able to reinstate their mortgage had they known their bank never had any intention of reviewing them for relief. “Dual tracking was practically the norm at the height of the foreclosure crisis,” says David Tarpley, a consumer attorney with the Legal Aid Society of Middle Tennessee and the Cumberlands. “Many thousands of homeowners lost their homes to foreclosure without ever receiving a meaningful review of, or decision on, their applications for loan modifications or other relief, when they believed in good faith that they would receive a decision before a foreclosure would take place.” Much like the national settlement, the new rules prohibit dual tracking in most instances by requiring mortgage companies to make a determination on a modification before proceeding to foreclosure. The key again for homeowners and their attorneys is to send in an application as early as possible. Acting well in advance of a sale increases their rights and protections. Surprisingly, mortgage companies have not made much of a scene over the new rules. They’ve had a year to prepare for the new regulatory framework while the larger ones—Bank of America, Wells Fargo, 20 Nashville Bar Journal - April 2014

Chase—have already had to follow the strict servicing standards of the National Mortgage Settlement. (And by most accounts are doing a good job.) “Every single mortgage company, without exception, is taking the new rules very seriously,” says David Driggs, a housing counselor with Nashville’s Affordable Housing Resources. “I haven’t had any conversation with any of the banks that suggests otherwise.” Holding your Mortgage Company Accountable Of course, borrowers will still encounter problems. But when they do, they now have meaningful procedural and legal remedies that can hold their mortgage company accountable. For example, an aggrieved borrower, who believes her mortgage company failed to review her for a HAMP Tier 2 modification, can send them a “notice of error.” Under the rules, they’ll have five days to acknowledge receipt of the notice and 30 days to correct the error or document why she wasn’t eligible for relief. In addition, mortgage companies also have to provide timely responses to any written requests for information about borrowers’ loans, including what options they may have to modify their mortgage. More importantly, the regulations provide borrowers with a private right of action for most breaches of the rules, allowing them to recover damages, costs and attorney’s fees, along with statutory damages of up to $2,000-per-violation. In the case of James McCreery he could have sued his mortgage company under the new rules for taking well over 30-days to review his application. Prior to the rules, courts held that borrowers who failed to qualify for modifications had no private right of action, even in instances in which they could show that the mortgage company mishandled their applications.

The CFPB’s rules don’t guarantee modifications to borrowers or provide definitive guidelines on when someone should qualify for relief. Nor do they allow for miracles. Somebody who is $60,000 behind on a $200,000 mortgage with a low-paying part-time job still doesn’t have much of a chance of saving his home. But in making the process of applying for a modification more orderly and efficient, higher numbers of borrowers will likely obtain modifications. That was one of the side effects off the National Mortgage Settlement, which in providing timelines and transparency made it difficult for mortgage companies to reject borrowers who clearly qualified for a modification under a federal or inhouse program. “The National Mortgage Settlement and the new CFPB rules fill in the gap and provide some authority on how the mortgage companies are supposed to act,” says Saxon, with Memphis Area Legal Services. “If I provide the same paperwork to my mortgage company for six weeks and they don’t do anything about it, I don’t have to lose my house.” He adds, “given that there was no accountability when I began to do this, any accountability is good.”  Matt Pulle is an Assistant Attorney General at the Tennessee Attorney General’s Office where he helps enforce the National Mortgage Settlement

This article represents the opinions of the author and not necessarily those of the Office of the Tennessee Attorney General and Reporter.

The Nashville Bar Association 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community from legal organizations with more than three attorneys that have 100% of their Nashville attorneys as members of the NBA. Members will be listed monthly in the Nashville Bar Journal and will appear in our annual directory. Contact Vicki Shoulders at 615-242-9272 or vicki.shoulders@nashvillebar.org if you have any questions. Thank you for supporting your local bar association!

Waller Lansden Dortch & Davis, LLP Bradley Arant Boult Cummings LLP Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Stites & Harbison, PLLC Butler, Snow, O'Mara, Stevens & Cannada, PLLC Adams and Reese LLP Harwell Howard Hyne Gabbert & Manner, P.C. Bone McAllester Norton PLLC Lewis, King, Krieg & Waldrop , P.C. Sherrard & Roe, PLC Neal & Harwell, PLC Dickinson Wright PLLC Gullett, Sanford, Robinson & Martin, PLLC Frost Brown Todd LLC Ortale, Kelley, Herbert & Crawford Riley Warnock & Jacobson, PLC Leitner, Williams, Dooley & Napolitan, PLLC Waddey & Patterson, P.C. Cornelius & Collins, LLP Burr & Forman LLP Walker, Tipps & Malone, PLC Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Brewer, Krause, Brooks, Chastain and Burrow, PLLC Tune, Entrekin & White, P.C. Smith Cashion & Orr, PLC Branstetter, Stranch & Jennings, PLLC Watkins & McNeilly, PLLC Parker, Lawrence, Cantrell & Smith Hughes & Coleman Spicer Rudstrom, PLLC White & Reasor, PLC Morgan & Akins, PLLC Hall, Booth, Smith, P.C. Dollar General Corporation Dodson Parker Behm & Capparella, P.C. Schulman, LeRoy & Bennett, P.C. Levine, Orr & Geracioti, PLLC Jones Hawkins & Farmer, PLC Littler Mendelson, P.C. Lassiter, Tidwell & Davis, PLLC Howard Mobley Hayes & Gontarek, PLLC Evans, Jones & Reynolds, P.C. Buffaloe & Associates, PLC Barrett Johnston, LLC Taylor, Pigue, Marchetti & Blair PLLC Nelson Mullins Riley & Scarborough Leader, Bulso & Nolan, PLC Keller, Turner, Ruth, Andrews, Ghanem & Heller, PLLC Holton Blackstone & Mayberry, P.C. Hollins, Raybin & Weissman, P.C. Garfinkle, McLemore & Young, PLLC

American General Life Insurance Company Vanderbilt University Law School Trauger & Tuke Rocky McElhaney Law Firm, PC Prochaska Thompson Quinn & Ferraro, P.C. Loeb & Loeb, LLP Kinnard, Clayton & Beveridge Haynes, Freeman & Bracey, PLC Farris Bobango, PLC Direct General Corporation Chaffin & Burnsed, PLLC Thrailkill, Harris, Wood & Boswell, PLC Tennessee Justice Center Shackelford, Zumwalt & Hayes, LLP Rutherford & DeMarco Rogers, Kamm & Shea Papa & Roberts, PLLC Mudter & Patterson MTR Family Law, PLLC Lieff, Cabraser, Heimann & Bernstein Law Offices of John Day, P.C. Law Office of Julie Bhattacharya Peak Hale & Hale, PLC Dobbins, Venick, Kuhn & Byassee, PLLC Cheatham, Palermo & Garrett Weatherly, McNally & Dixon, PLC Video Gaming Technologies, Inc. The Jones Law Group, PLLC Southland Title & Escrow Co., Inc. Smythe & Huff Puryear Law Group Norris & Norris, PLC Nashville Electric Service McKenzie Laird, PLLC McKenzie Jackson, PLC McCarter & Beauchamp, PLLC May & Ryan, PLC Marlowe Law Offices, PLLC Luna Law Group, PLLC Larry R. Williams, PLLC Hix & Gray, PLC Hall & Sitler Grissim & Hodges Glasgow & Veazey Ernst & Young, LLP Cheadle Law Cameron Worley, P.C. Barry Gammons, Attorney at Law Baker, Campbell & Parsons Affinion Benefits Group, LLC Nashville Bar Journal - April 2014

Disclosure Barbara Moss has formed her own law firm, Elder Law of Nashville PLC, to help seniors and their families plan for disability and death by executing legal documents to ensure that their wishes about health care, end of life care, and the disposition of their assets are honored. She will also help seniors qualify for public benefits about which they might not be informed. Moss is a 1977 graduate of Vanderbilt University School of Law. She is a Fellow of the Tennessee Bar Foundation and Nashville Bar Foundation, a member of the Tennessee and Nashville Bar Associations, and a member of the Lawyers’ Association for Women. David B. Gray has joined Tune, Entrekin, & White. His practice will focus on commercial lending and finance, SBA lending, commercial real estate and general business law. Brandt M. McMillan has joined Tune, Entrekin, & White. His practice will practice will focus on general civil litigation, employment discrimination, construction litigation, landlord/tenant disputes and insurance coverage issues. John S. Wagster has joined Frost Brown Todd as a member. Wagster, former General Counsel and Executive Vice President of Freeborders, Inc., focuses his time on helping U.S. companies forge cross-cultural contractual arrangements around the world using industry best practices and western-style contracts. He will also utilize his technology experience in combination with his background in healthcare policy and venture capital to serve clients in Nashville’s burgeoning healthcare technology sector. Wagster also practices general business law and works with clients to export ecommerce and web-based applications to overseas markets. 22 Nashville Bar Journal - April 2014

\Dis*clo”sure\ (n) The act of revealing, releasing or bringing to light relevant information concerning NBA Members & Staff. n Announcements n Kudos n People on the Move n Firm News n Linda Rose of Rose Immigration Law Firm, PLC has returned from speaking at South by Southwest (SXSW) in Austin, Texas. SXSW is the largest music and technology convention in the country, with more than 100,000 attendees. As an invited speaker, Rose spoke on Immigration Issues for Foreign Musicians. She is the managing member of Rose Immigration Law Firm in Nashville, TN, which emphasizes immigration work in the music industry and other business-related immigration matters. Jeremy A. Oliver has joined Pepper & Brothers, PLLC as an associate attorney and will focus his practice on business litigation, employment law, personal injury and commercial transactions. Oliver received his B.A. degree, cum laude, from the University of Michigan and his law degree, cum laude, from the University Of Tennessee College Of Law in 2010. Mitchell P. Ronningen has joined Pepper & Brothers, PLLC as an associate attorney with practice areas focusing on business litigation, employment law and commercial transactions. Ronningen received his B.A., summa cum laude, from the University of Tennessee and his law degree from Vanderbilt University Law School in 2011. David W. Houston, an attorney with Burr & Forman LLP, will speak at the America Bankruptcy Institute’s 2014 32nd Annual Spring Meeting in Washington, D.C. on April 26. Houston’s session, entitled “Social Media – What you Don’t Know Can Hurt You,” will cover a variety of issues arising from the explosion of social media communication, including property rights, evidence, spoliation, ethics and trustee investigation duties.

Deron Peak has joined the law firm of Bone McAllester Norton PLLC in Nashville, Tennessee, as the director of technology. Peak will have overall responsibility for planning, managing and directing the technology and communications systems for Bone McAllester Norton, including the operation and maintenance of the computer network and all computers at the firm. He also will represent Bone McAllester Norton in the International Legal Technology Association. Eric M. Case has joined Fowler Bell PLLC. Case will be Of Counsel in the firm’s Real Estate and Commercial Litigation Groups. Case is a 1999 graduate of the University of Kentucky College of Law, and was previously a founding member and managing partner of McConnell, Eisele & Case, PLLC. He is a trained mediator and is certified by the Kentucky Administrative Office of Courts. At Fowler Bell, he will continue expanding his practice of real estate transactions, commercial litigation and mediation.

Wm. Robert Pope, Jr., a member in the Nashville law firm of White & Reasor, PLC, was recently elected as a Fellow in the American College of Tax Counsel (ACTC). The ACTC, a not-for-profit professional organization, honors prominent tax lawyers in governmental, private practice or lawschool teaching positions who have made substantial contributions to the development of the U.S. tax system.

Nashville Bar Association members may send Disclosure announcements via email to nikki.gray@nashvillebar.org Submissions are subject to editing.

Welcome New NBA Members!

Jesse Gentry

Victoria Gentry

Constangy, Brooks & Smith, LLP is pleased to announce the winner of its 2014 Diversity Scholars Award. Selected from the regions in which the firm has offices, this year’s winner is Charmarcus Floyd, Sr. of Nashville. Floyd’s dedication to diversity awareness is evident from the multitude of achievements throughout his academic and professional career. Floyd received his undergraduate degree from Middle Tennessee State University, where he worked full-time as a counselor at a residential group home for delinquent youth. Following graduation, Charmarcus began his professional career by serving as a probation officer for the state of Tennessee. While working for the state, Floyd decided to pursue law school, motivated by his passion to serve his community and educate victims of hardships about their legal rights as American citizens. At the Belmont University College of Law, Floyd serves as a devoted member of the Student Bar Association Diversity Committee, where he has also been appointed as Chair of the committee. Each recipient receives a $2,000 scholarship in recognition of his or her accomplishments in academics, commitment to diversity in the community, school or work environment, and personal achievement in overcoming challenges to reach his or her goals. Constangy initiated the award program to recognize deserving law students and help defray the considerable expense of law school, while promoting diversity in the legal profession.

Caroline Johnson Ashleigh McCain Gordon Law Group, PLC Brian Nash Nash and Larsen, PLLC Anne Passino Southern Environmental Law Center* Tillman W. Payne Law Office of Tillman W. Payne Sarah Rogers Robert Romeo Romero Law Connor Sestak Morgan & Akins, PLLC* Bruce Shanks Tennessee Department of Health Mariam Stockton Neal & Harwell, PLC*

2014 NBA Premier Members INCLUDE: Elizabeth A. Alexander Gail Vaughn Ashworth Kathryn E. Barnett Charles H. Beaty Barbara Bennett Charles W. Bone Jay S. Bowen C. Dewey Branstetter Jr. Joe B. Brown Kenneth Sherman Byrd Kathryn Caudle Mark P. Chalos John Ray Clemmons Dixie W. Cooper Patricia J. Cottrell John A. Day John Franklin Floyd Charles K. Grant John J. Griffin Jr. William L. Harbison Marian F. Harrison Trey Harwell Paul T. Housch R. Jan Jennings John D. Kitch William C. Koch Jr. Edward Dodson Lanquist Jr.

Thomas W. Lawless Claudia Vettel Levy Richard Wesley Littlehale Randal S. Mashburn Amanda J. McClendon Jeffrey Mobley Marlene Eskind Moses Patricia Head Moskal Michael I. Mossman Jonathan Parrett Gregory J. Pease Tracy A. Powell Benjamin M. Rose Edgar M. Rothschild III Maria M. Salas Thomas J. Sherrard III Emily A. Shouse Saul A. Solomon Michael G. Stewart James Gerard Stranch IV Hon. Aleta Arthur Trauger Irwin Bruce Venick Michael J. Wall James L. Weatherly Jr. Peter Weiss Thomas V. White Larry R. Williams Nicholas S. Zeppos

NBA Premier Membership is a special category that recognizes our members who desire to demonstrate the utmost in commitment and support to the NBA Programs & Services. Contact Vicki Shoulders (615.242.9272, vicki.shoulders@nashvillebar.org) for details.

Deadrick Thaxton Best American Hospitality Corp.* Lance William Thompson Spicer Rudstrom, PLLC* Jennifer Wade Law Office of Jennifer Wade Wanda Young Witson Tennessee Education Lottery Corporation * Belongs to a 100% Club firm

Dial-A-Lawyer is held the first Tuesday of each month. The public is invited to call in with basic legal questions.

March Volunteers:

David Bullock Tom Lawless Michael Smith

To volunteer your time, please contact Wendy Cozby, LRIS Coordinator at wendy.cozby@nashvillebar.org or 242-9272. Pro Bono credit does apply and dinner will be provided. Nashville Bar Journal - April 2014

Classifieds

Vacation Rentals

Office Space Downtown Office space for rent. Support staff to share. 501 Union St., Ste. 504. Call Cynthia Bohn 615252-8866.

Golf Getaway: The Cottages at Olde Stone Bowling Green, Kentucky Arthur Hills Signature Course 3 BR – 3 ½ baths – Full kitchen – Grill Screened porch on 9th Fairway Dining – Tennis – Resort Pool/ Hot Tub – Fitness Center Contact Amy Gilmet: (502)357-1901

Downtown Office condos for Lease or Sale. 500 to 2500 sq. feet. 501 Union Street, 5th floor. Near Legislative Plaza. Call Lynne at (615) 259-1550. Office Space Nashville attorney with established civil law practice looking to share office space and support staff. Please call (615) 251-5448.

Expert Witness Office Space Legal Nurse Consulting Handling cases with medically related aspects? Best Practice Legal Nurse Consulting can help you with superior case preparation. Best Practice can screen cases for merit, find expert witnesses, write summaries and chronologies of medical records, along with other services. Contact Lisa at 615-481-5047 or visit bplnc.com for more information.

BRENTWOOD AREA LAW FIRM Established Brentwood Law Firm has one office space immediately available. Includes receptionist services, internet, fax, use of conference room, copiers, and free and convenient parking. Professional work environment. Call 615376-8857 for details or schedule a showing.

Advertise your Office Space in the Nashville Bar Journal

Classifieds Online @ www.nashvillebar.org

Visit the NBA's Career Center & Get Started Today: http://jobs.nashvillebar.org/home

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Elder Law Practice of Timothy L. Takacs ..................................................... Back Cover IPSCO .............................. Inside Back Cover NBA/NBF Golf Registration Form ......... 18 Law Day Registration Form ..................... 16 Lexus of Nashville .......................Front Cover Loews Vanderbilt Hotel ........................... 08 NBA Career Center ................................. 24 Thomas F. Bloom, JD .............................. 13 Thomson Reuters ..................................... 15

Should You Join the NBA LRIS? LRIS Markets & Advertises Your Services When you join the NBA LRIS,

your practice benefits from the LRIS’ marketing and advertising programs. Currently, LRIS reaches potential clients through advertising in the Yellow Pages in various telephone directories throughout the state. Clients are referred to us through a variety of sources including the courts, Office of the Attorney General, employee assistance programs, other Bar Associations and the Social Security Administration. Also, our on-line presence attracts clients nationwide. JOIN NOW Contact: Wendy Cozby, LRIS Coordinator (615) 242-9272 | wendy.cozby@nashvillebar.org The NBA Lawyer Referral & Information Service is the Exclusive Referral Service for the Nashville Bar Association.

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Display Advertising: Full and Half Page color and black & white advertisements. Quarter and Eighth Page black & white advertisements. Please contact Tina Ashford for a display advertising quote.

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Elder Law Practice of Timothy L. Takacs

Who will care for him when I’m no longer able to? Elder Law Practice of Timothy L. Takacs offers the services your clients need to respond to the legal, financial and caregiving challenges created by a loved one’s disability. n Special Needs estate planning n Special Needs trusts n Supplemental care trusts n Life Care Planning

Our skilled, experienced and compassionate professionals will empower your clients to protect special needs loved ones’ financial rights, legal rights, eligibility for public benefits, quality of life and more – now and in the future. Don’t let your clients struggle alone. Refer them to Elder Law Practice of Timothy L. Takacs. For two decades, improving quality of life for individuals with disabilities and the families who love and care for them has been our primary focus. We can help your clients, too.

Middle Tennessee: (615) 824-2571 Toll-Free: (866) 222-3127 Family Website: www.tn-elderlaw.com Professional Education Website: www.elderlaweducation.com

Life Care Planning Elder Law Estate Planning Care Coordination