Nashville Bar Journal Dec 11/Jan 12 - VOL 11, NO. 11
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Collaborative Family Law Comes to Nashville Irwin J. Kuhn
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Judge Paine 30 Years on the Bench - A Perspective John C. McLemore
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Annual Meeting & Banquet
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Nashville Bar Journal A Monthly Publication of the Nashville Bar Association
www.nashvillebar.org
Collaborative Family Law Comes to Nashville
December 13- 11:30 am L.A.W. Meeting
Irwin J. Kuhn
December 15- 12:00 pm Government Lawyers Committee Meeting
PAGE 6
Judge Paine 30 Years on the Bench - A Perspective PAGE 8
December 26 NBA OFFICES CLOSED
John C. McLemore
December 30 NBA OFFICES CLOSED
FROM THE PRESIDENT Lawyer to Lawyer PAGE 2
John Kitch
_______________________________________________ 4 Communiqué • Justice Birch Tribute/Freedom Riders Art Reception • Nashville Bar Foundation Dinner • Retirement Reception for Judge Paine • Firm Sponosrs Essay Contest • Golden Oldies • Upcoming Events
_________________________________________________________ 10 2011 NBA Annual Meeting & Banquet _________________________________________________________ 12 Bill & Phil’s Gadget of the Month: iPad v. Kindle Fire v. Nook Tablet Bill Ramsey, Neal & Harwell, PLC Phillip Hampton, LogicForce Consulting _________________________________________________________ CLE Information - Center Section _________________________________________________________ 14
December 23 NBA OFFICES CLOSED
February 24 & 25 – 1L Minority Job Fair @Bass Berry & Sims April Sister Cities Visit, Caen Delegation April 30 11:15 a.m. - 12:15 p.m. Law Day Luncheon @ Renaissance Hotel
January 2 NBA OFFICES CLOSED January 6 Board Orientation & Dinner January 7 Board and Staff Retreat @NBA Office February 17 & 18 YLD Mock Trial Competition @Metro Courthouse
View Full Calendar online at www.nashvillebar.org
-Golden Oldies-
Occupy Nashville Overview
Will York _________________________________________________________ 15 PRO BONO PROFILE: Lewis G. “Buddy” Burnett Victoria Webb _________________________________________________________ 17 Book Review: A Season of Darkness by Douglas Jones and Phyllis Gobbell Reviewed by Donald F. Paine _________________________________________________________ 18 Nuts & Bolts of Practice: Divorce in Tennessee Tim Ishii _________________________________________________________ 22 Disclosure - Announcements • Kudos • People on the Move • Firm News • In Memory _________________________________________________________ 24 Classified Listings _________________________________________________________
----------------------------------------------------------------------------------------------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 Journal A Monthly Publication of the Nashville Bar Association
www.nashvillebar.org
John Kitch, Publisher William T. Ramsey, Editor-in-Chief ramseywt@nealharwell.com
Eleanor Wetzel, Managing Editor
FROM THE PRESIDENT
by John Kitch
Lawyer to Lawyer
eleanorwetzel@jis.nashville.org
Journal Staff: Nikki Gray, Director of Communications nikki.gray@nashvillebar.org
Tina Ashford, Communications Coordinator tina.ashford@nashvillebar.org
Editorial Committee: Kelly L. Frey Nanette Gould Marge Haines Kathleen Pohlid Tim Ishii Tracy Kane Rhett Parrish Bill Ramsey Stephanie Reevers Eleanor Wetzel
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 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
2 Nashville Bar Journal - Dec 11 / Jan 12
I like lawyers. I like judges. Professionally, lawyers and judges are the guardians of our free society, working to preserve the rights guaranteed to each of us by the Constitution. They are the coaches and referees who ensure that the rules are followed so that the game is played fairly. Lawyers and judges are the reason that disputes are resolved in courtrooms by the rule of law, rather than by the law of the gun as in the Old West. Personally, lawyers and judges are among the most interesting people I know. From sailing to mountain climbing, from writing novels and histories to sculpting and painting works of art, from growing exotic flowers to acting in plays and movies, lawyers and judges have interests across the board that reflect our society’s culture and pastimes. Lawyers and judges serve the public interest in other ways as well, working for good causes of all stripes, including providing their services for no cost or low cost as in the Pro Bono and the Modest Means programs, supporting religious organizations, and serving in government and on non-profit boards. It is no wonder that many of the people I admire the most are lawyers and judges. It is clear to me that I didn’t get to where I am today without the help of a lot of people. My wife and family and my long-time legal secretary have played a huge part by supporting me through the tough times and by keeping me grounded during the good. My clients have helped me by allowing me to represent them and make a living. My friends have helped me by reminding me, often very directly, that I need to get a life outside the law. Another great source of help to me has been the lawyers and judges who have been my mentors and advisors over the years. This column is far too short to name them all, but two who stand out are Charlie Warfield and Ward DeWitt. I never practiced law with either of them; for all practical purposes I have been a solo my entire career. But I dealt with them as adversaries and I watched how they practiced law. I learned from them that a lawyer didn’t have to be unpleasant to be successful. I learned that good lawyers didn’t have to abandon common courtesy to represent their clients. I learned that a simple telephone call to them to ask a question was always received with grace and a willingness to help a young lawyer. I’m willing to bet that each of you lawyers in practice more than just a few years can think of the one or two people who took you under their wing and taught you how to be a good lawyer. Think of those people, and then think about where you might be if they hadn’t been around to give you advice and point you in the right direction. This is why I want to focus on older lawyers helping newer lawyers during this coming year. A recent New York Times article commented that while law schools teach necessary subjects and legal theories, as a rule they do not teach practical lawyering. I know that when I came out of law school I really was not prepared to represent clients, even though my license said I could. If it hadn’t been for people like Charlie and Ward and the helpful clerks at the courthouse I’d have been lost. Now, given the state of our economy, many young lawyers are coming out of law school and going solo, not necessarily by choice but out of necessity. These new solos and all new lawyers need and deserve the wisdom of those of us who have been in practice a long time.
2012 NBA BOARD OF DIRECTORS
We are establishing an initiative we are calling “Lawyer to Lawyer,” or “L2L,” designed to fill this need. We are asking lawyers in practice for more than fifteen years to volunteer to take an occasional email or telephone call from a young lawyer to answer a question about procedure or substantive law in the older lawyer’s area of expertise. Perhaps a seasoned lawyer comfortable in his or her own skin can help a young lawyer with work/life balance or give some tips about how to manage a law practice.
John D. Kitch, President Tom Sherrard, President-Elect Hon. Randy Kennedy, First Vice President Hon. Marietta Shipley, Second Vice President Rebekah Shulman Secretary M. Bernadette Welch, Treasurer Gareth Aden, General Counsel Rebecca C. Blair Robert E. Boston C. Dewey Branstetter, Jr. C. Dawn Deaner Charles K. Grant Barbara D. Holmes Michele M. Johnson Edward D. Lanquist, Jr. John C. McLemore Jeffrey Mobley Patricia Head Moskal Maria M. Salas John R. Tarpley Overton Thompson, III Mandy Haynes Young
If you have been in practice fifteen years or more please sign up on the Nashville Bar Association website in the areas in which you feel comfortable giving advice. It will take little time to sign up and it will take little time to answer a question from a new lawyer needing help. We owe it to those who helped us to help the next generation. I’m in. How about you? n P.S. I have not forgotten about all you new lawyers – once the initiative is fully functional you will be able to go to the Nashville Bar Association website to access information about the initiative and to be able contact one of our seasoned lawyers with your questions. You’ll be glad you did.
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
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Nashville Bar Journal - Dec 11 / Jan 12 3
communiqué
NBA NEWS n COMMITTEE INFORMATION n SPECIAL EVENTS n NBA NEWS n COMMITTEE IN
Justice Birch Tribute/ Freedom Riders Art Reception The Nashville Bar Association and Napier-Looby Bar Association co-hosted an event at the downtown public library on November 17, 2011, to both honor Justice Birch and to celebrate the current Freedom Riders art exhibit at the library.
Nashville Bar Foundation Dinner
The Justice Birch tribute featured speakers Chancellor Perkins, Richard Dinkins, and Nancy Vincent. The exhibit "Threads of a Story: History Inspiring Art" displays heroic portraits of courage from mug shots of Freedom Riders arrested in the spring and summer of 1961. The exhibit will remain on display at the library through the end of December.
The Nashville Bar Foundation honored the 2011 Class of Fellows on Saturday, November 5th at the Hutton Hotel. Those honored include the following Nashville attorneys: John Burns, Sheila Calloway, Jay Chamness, Jay Drescher, Brooks Fox, Jim Higgins, Michel Kaplan, Rita Roberts-Turner, Helen Rogers, Mike Sontag, Joycelyn Stevenson, John Tishler, Philip Walker, Robin Bicket White, and Gigi Woodruff. Contributions made from the NBF Fellows will enable the Foundation to make a substantial grant to the Nashville Pro Bono Program and fund additional programs to advance and promote the administration of justice, the public’s understanding of the law and the legal system, and promote a more effective delivery of legal services to the public at large.
The Art & How You Can Help Please consider sponsoring the exhibit so that it may travel to other cites where funding is limited. To facilitate packing, storing and transporting this show as well as inviting Freedom Riders to share their experiences in other cities your generous donations and/or sponsorship are much appreciated. For any questions or special donor inquiries: 917-930-4302 email charlottajanssen@gmail.com Checks are payable to the artist: CHARLOTTA JANSSEN(write Donation:Threads of a Story Exhibit at bottom) To donate by credit card please go to www.charlottajanssenprints.com 4 Nashville Bar Journal - Dec 11 / Jan 12
The NBF also presented the David Rutherford Award to Charlie Warfield. 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.
NFORMATION n SPECIAL EVENTS n NBA NEWS n COMMITTEE INFORMATION n SPECIAL EVENTS n NBA NEWS n COMMITTEE INFORMATION n
Firm Sponsors Essay Contest for 5th Graders on "Respect" More than 800 Metro public school fifth-graders recently wrote on the topic of respect.
Retirement Reception for Judge Paine The NBA Bankruptcy Court Committee will be hosting a reception honoring Judge Paine from 4:30-6:30 p.m. on December 29, 2011 at the United States Bankruptcy Court, Customs House, 701 Broadway.
“We’ve all seen a decay in respect in our society,” said Randy Kinnard, who thought of the contest. His firm, Kinnard, Clayton & Beveridge, sponsored it and put up the $8,000 in prize money. They asked fifth-graders to answer two questions: What is respect and why is it important? And all four winners of the new essay contest have dedicated part of their prize money to cure cancer. “If the world wasn’t created with respect, it would be terrible,” said first-place winner Susannah Loss, who attends Meigs Middle Magnet School. To illustrate her essay she drew a picture of a bleak world with dark clouds, bare trees and wilted flowers to “before respect.” “After respect,” the sky is bright, the sun is shining and birds are chirping in the green trees. The flowers are blooming. Her school and charity, St. Jude Children’s Research Hospital, each received $1,000. She got $200, plus $800 in savings bonds.
-Golden OldiesJames R. Omer, Sr. was the first to correctly identified the individuals in the November Golden Oldies photo. Pictured are: Bill Porter, Bobby Garfinkle, and Carol McCoy
UPCOMING EVENTS: December 23, 2011 NBA OFFICES CLOSED ---------------------------------------------------------------------December 26, 2011 NBA OFFICES CLOSED ---------------------------------------------------------------------December 29, 2011 Retirement Reception for Judge Paine @ Bankruptcy Court ----------------------------------------------------------------------December 30, 2011 NBA OFFICES CLOSED ----------------------------------------------------------------------January 2, 2012 NBA OFFICES CLOSED ----------------------------------------------------------------------January 6, 2012 Board Orientation & Dinner -----------------------------------------------------------------------
January 7, 2012 Board and Staff Retreat @ NBA Office ----------------------------------------------------------------------February 17 & 18 2012 YLD Mock Trial Competition @ Metro Courthouse ----------------------------------------------------------------------February 24 & 25 2012 1L Minority Job Fair @ Bass Berry & Sims ----------------------------------------------------------------------April 2012 Sister Cities Visit, Caen Delegation ----------------------------------------------------------------------April 30, 2012 - 11:15 a.m. - 12:15 p.m. Law Day Luncheon @ Renaissance Hotel ---------------------------------------------------------------------Nashville Bar Journal - Dec 11 / Jan 12 5
FEATURE
Collaborative Family Law Comes to Nashville by:
Irwin J. Kuhn
The stage for a workable post marriage relationship between two people whose lives will always connected through children or family or friends is not set well by a divorce complaint dramatically setting out the gory details of one party’s “inappropriate marital conduct” followed by interrogatories requiring each side to commit to writing “with specificity” all complaints they have about the other and to list “with specificity” all acts of misconduct, and to “identify each witness thereto” do not set. But this is often how the divorce process begins. And then there is “have you had any intimate physical contact, including …” Come let us reason together. As have many celebrities and high profile business executives and politicians, the comedian Robin Williams and his wife Marsha chose an alternative path to a traditionally litigated divorce, collaborative divorce. Said Williams, “I'm lucky, you know, with someone like Marsha, we have amazing kids and it's not a slash and burn. But the idea that it's going with love, I think, is important. And for me it's been... a good thing."1 The collaborative path to divorce is being chosen nationally, and now in Tennessee, not only by people with high profiles concerned about personal privacy. Those who choose collaborative divorce do so to preserve civil relationship with someone they once loved and may well have to continue working with in the future as parents. For some there is little hope or need for a future relationship but they want to end their marriage without the added stress of litigation.
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FACING THE STRESS Divorce and separation are the most stressful life events for American adults trailing only the death of a child or spouse.2 For children, elevated levels of discord during divorce increase the chances of psychological problems such as depression, anxiety, aggression, and other disorders.3 In the worst cases, where one parent in the process alienates their children from the other parent, studies show that when those children become adults, 70% suffer depression while 35% battle chemical dependency and are frequently estranged from their own children.4 Traditional litigation-based divorce cannot be blamed for problems that may have their genesis well before the divorce process began. But, tales of the divorce process making a bad situation worse are familiar. Too often aggressive tactics designed to present parties in their worst light to gain a larger share of the pie and battles over children create lasting fissures. COLLABORATIVE FAMILY LAW IS ... Collaborative family law is the newest tool in the alternative dispute resolution toolbox. Collaborative traces its roots to Minnesota in the 1980s. But, it began to take off in the first years of the new millennium. The International Academy of Collaborative Professionals (IACP), the ABA of the collaborative world, had just 200 members in 2001. Last year it topped 4000. North Carolina attorneys led the first collaborative training held at Vanderbilt Law School in Tennessee in summer 2009. Additional training was offered in 2010 and again last September.
The Middle Tennessee Collaborative Alliance (MTCA) was formed by a group of lawyers, mental health professionals, and financial planners interested in a divorce process more likely to preserve relationships. The collaborative process begins when husband and wife hire lawyers who enter into a participation agreement with them and each other that they will work to help the clients reach a negotiated settlement. They will not go to court with them except to file a complaint on the grounds of irreconcilable differences, and to have the judge enter a final decree. COLLABORATIVE IS NOT … The agreement to not go to court with clients is the essence of the collaborative process. If the attorneys do not make such a commitment, it is not a collaborative case. The agreement to forego court puts a premium on settlement for clients who will have to spend more money and more time if they must hire litigation counsel. The collaborative divorce attorney is transformed from litigator to transactional lawyer. The measure of success is reaching a negotiated settlement that endures the test of time. There is no financial or other incentive to let a court decide the outcome of a case. GOALS v. POSITIONS The emphasis on a negotiated settlement encourages clients to pursue their goals and interests rather than their positions. Dad may demand “50-50” parenting time, or “joint custody.” Mom may insist on “standard parenting time.” Those are positions. In collaborative negotiations, the focus is on the “why” behind the position. Dad needs to know he will have an important, active role in his children's
lives. Mom is concerned about the amount of time the kids will spend with caregivers in the 50-50 model since Dad works long hours as a busy professional. Creating a parenting plan that addresses those needs and concerns is possible without excluding any. The result is a win-win for Mom and Dad, and a win for the children. DISCOVERY Discovery? Of course there is, but form interrogatories and requests for production focusing on past defalcations are jettisoned. The parties from the start make a commitment to what the MTCA calls in its participation agreement “full and honest disclosure of all information pertinent to the resolution of [the] case.” This is hardly a radical idea. Judge Philip Smith, who handles the bulk of Nashville’s family law cases, states in his chamber rules, “[i]nformal discovery will save the parties significant cost in attorney fees and may result in less adversarial attitudes toward one another rendering settlement more achievable.” Will clients be forthcoming? Experienced attorneys have a practiced ability to tell not only if their own client is withholding information but also whether the other side is providing what they should. The collaborative agreement instructs the attorney to withdraw rather than allow a client to act in bad faith. USE OF OTHER PROFESSIONALS Collaborative practice is also a major change from traditional family practice in the way other professionals are used. Rather than hire battling experts, such as financial planners and child specialists, parties look to neutral authorities trained in the collaborative process who work by agreement that they will never be called on to testify in court for one side or the other. They also agree they will not represent either party following the divorce. Since it is usual in collaborative practice for the parties to meet together, with
counsel, to identify goals and negotiate settlement, the possibility for highly charged emotions is distinct. It is not uncommon for parties to bring in a neutral to help control the highly charged emotions. These neutrals, called coaches6, usually have expertise in mental health and relationships. Their role is not to provide counseling, but to use their training to keep difficult conversations civil and focused on goals. Attorneys find that skilled coaches help them understand the subtextual or unspoken goals of parties in a way that profoundly helps them develop settlement options. The use of coaches varies from jurisdiction to jurisdiction. In some, it is common to use two coaches, one for each party. In others, a single coach facilitates discussion in a manner similar to a mediator in other cases. In still other jurisdictions, coaches are rarely involved. MEDIATION v. COLLABORATION As effective as mediation is in many cases, too often conciliation efforts come after damage has been done. Many lawyers refuse to go to mediation with clients until completion of discovery that is often meaningless, frequently burdensome, and usually expensive. As well, parties learn little about working together when, as is the common but anomalistic practice in Nashville, parties are separated from the beginning of mediation until the end.7 COST Naturally, the question of expense arises. Costs include multiple meetings with both lawyers as well as meeting with mental health professionals, financial experts, and child specialists. It certainly sounds expensive and the perception that collaborative is only for the wealthy persists. But, seasoned collaborative lawyers disagree. Continued on Page 17
Nashville Bar Journal - Dec 11 / Jan 12 7
PROFILE
Judge Paine 30 Years on the Bench - A Perspective by:
John C. McLemore
Born in Nashville where he did not stay for long, Judge Paine’s parents were Dr. John Paine, an academic physician who would eventually make his way to the medical school faculty at Vanderbilt, and Grace Benedict Paine, a sister of Andrew Benedict, head of the long since merged away First American National Bank. While his mother’s roots were in Middle Tennessee, Dr. Paine was the son and grandson of lawyers who prospered in Aberdeen, Mississippi. George says the reason he became a lawyer was his father’s stories of the family business. The Paines were often paid in livestock. It was not unusual for the future physician to find animals tethered to the railing leading to his father’s office door. George describes his father as an accomplished storyteller capable of bringing to life the humor and drama of courtroom and community in rural Mississippi. George’s childhood was not set exclusively in the South. From his birth until he entered Battle Ground Academy as a boarding student in the eighth grade he had lived in Ann Arbor, Michigan, three locations in Boston; Cambridge, England; and Birmingham. He had attended seven schools. When the family was in England, he was packed off to school with his brother Tom but never placed in a class with children his own age. Upon his return to the U. S., it was explained he had completed a year in his brother’s class. He was advanced accordingly. In short, George Paine skipped at least one grade.
8 Nashville Bar Journal - Dec 11 / Jan 12
It is generally known that George graduated from The University of the South, but he did not start his college career there. Exactly how he got to Erskine College in Due West, S.C., founded by the Associate Reformed Presbyterian Church in 1839, is fuzzy at best. “Getting into college in those days was not as competitive then as it is now,” George began to explain after saying something about really not knowing whether he wanted to go to college at all. Apparently his mother made a phone call and he was admitted. Two years later he transferred to Sewanee. There was no Mr. Keating, the character played by Robin Williams in Dead Poets Society, who snatched George Paine from the wasteland of adolescence and set him on the course to fame and fortune. When asked what teachers and professors made a difference in his life, he said the history and political science faculty at the University of the South was excellent but no one stands out as special. When asked what books have influenced him most, his response was “All of them.” He claims to be a voracious reader of “mostly non-fiction concerning history, people, events and a lot of war.” For 20 years, he has been a member of the same book club. A member of the Old Class of ’67, George Paine did receive a diploma from the University of the South. He says one of his favorite photographs is of him holding it and his mother and father looking on with expressions of amazement. “I was never a good student in high school or college,” Paine explained. “I was a member of the smoking and drinking crowd, not the football crowd.”
Whether George had decided by that time to follow his grandfather and great grandfather into the law or law school offered an immediate exemption from the draft is hazy, but he had a plan to avoid going to Vietnam and it involved his immediate enrollment in Ole Miss Law School. His plan was to postpone military service by attending class for two uninterrupted years. And, this might have worked had he been a resident of Mississippi, not Nashville, where the ever vigilant Draft Board #22 headquartered in The Customs House, 701 Broadway, the building where George would reign as Chief Judge for almost 30 years, had not had its eye on him. He completed two semesters of law school before he got word from the Board that his time was quickly approaching. Rather than wait to be called, he volunteered for a program that would guarantee him admission to Officers Candidate School upon completion of basic training. Enlistee Paine reported to Ft. Dix, NJ. Everyone knew those who took basic at Ft. Dix were fed into Germany to hold the line against the forces of the great Red Army. He and all of his buddies were safe from Vietnam and that proved true for his buddies. When, at the conclusion of the course, assignments were read out, Pvt. George Paine was sent to the Combat Engineer School at Ft. Leonard Wood, MO. When he finished his training in Missouri, he was assigned to the Officers Candidate School at Ft. Benning, GA home of the infantry. School was eating up a lot of his commitment time. George now took a liking to school. He volunteered for Jump School, Chaplain’s School and Ranger School. Ultimately the orders for Vietnam did come in November 1969. He arrived looking for any kind of assignment that might keep him behind a desk. He presented his orders to a Specialist 4
who looked really familiar. The soldier who held George’s fate in his hands was a fellow BGA classmate. Old friends reacquainted themselves. The Spec. 4 examined George’s orders, declared them unappetizing and promptly lost them. Working together they found what they thought would be a plumb assignment on the coast where there was very little combat. George reported for duty and was assigned his platoon. It is about this time in George’s life that something happened. When asked who made a difference in his life, what teacher or professor, George’s answer is “none.” But when asked about his time in Vietnam he immediately begins to talk about the experience and its profound impact on him. I think it is fair to say the men of his platoon, his leadership experiences and his service as a combat infantryman made a difference. He did his duty and he was decorated for it. He was awarded the Bronze Star with V for valor. In an attempt to inject humor into the citation, George said in the seconds before he made his run to rescue the platoon sergeant, he had a John Wayne moment. His buddy was down. He had to get him so why not hoist him to his shoulders and carry him off the battlefield? He gave it a try. The sergeant was unconscious and therefore dead weight. He tried to lift him but it was impossible. So much for the theatrical, George grabbed the sergeant’s web harness and dragged him downhill to safety. About six months later, Lt. Paine was wounded. While searching a village, someone tripped a grenade booby trap. George’s back was to the blast. He suffered head and back shrapnel wounds as well as internal injuries. He was evacuated to Japan where he recovered. After mustering out of the Army, combat veteran Paine returned to Ole Miss Law School and completed the course of study there. In 1973, he graduated. He tried to avoid the
bar exam. Ole Miss graduates were automatically licensed in Mississippi. George did not want to return to Aberdeen and reopen the offices of his grandfather and great grandfather. Tennessee did not extend reciprocity. Despite his best efforts to avoid it, he took the bar and passed. His first job was with Schulman, McCarley, Hollins & Pride. George was on his way to becoming a trial lawyer. Next he needed a wife. There were no computers. There was no Internet. There was no eHarmony. He had to pursue his objective the old fashioned way. George talked with friends and asked them to make lists of eligible bachelorettes. “Ophelia’s name appeared on several of the lists,” George said. “So I cold called her. It took me 30 minutes to convince her.” “To marry you or go out with you?” John McLemore asked. “To go out. Her mother knew our family and told her Paines were generally short people so she should wear flats,” George said very matter-of-factly. “Six months later we were married.” Ophelia recalls dating someone else at the time and George having to call three times before she would go out with him. Their first date was the first Friday in January 1974. He took her to Hachland Hill for dinner. “I don’t think we have ever been to a place that nice since,” she said. “I remember laughing the entire night.” They were engaged July 4 and married in November. Chief Judge George C. Paine II has been one of our Bankruptcy Court judges since 1981. He celebrated his 30th year on the bench in October of this year. He was not in private practice for very long before ascending to the bench. He had almost no bankruptcy experience when he was appointed. “I had taken a pro bono Chapter 7 at the request of Judge Ruth Kinnard,” Judge Continued on Page 16 Nashville Bar Journal - Dec 11 / Jan 12 9
December 8, 2011
ANNUAL MEETING & BANQUET
Members of the Nashville Bar Association gathered for the Annual Banquet this year on December 8th at the Wildhorse Saloon. In the festive atmosphere, members thanked retiring officers and board members for their service, honored those among us who upheld the honor of our profession by their commitment to the community and the bar, and welcomed new leaders of the bar all while enjoying holiday cheer with fellow members. Following a lively reception, Executive Director Gigi Woodruff welcomed all attendees and kicked off the evening’s program. Woodruff gave special thanks in the form of a poem (available online) honoring NBA President Bob Mendes of MGLAW for his extraordinary leadership this past year. President Mendes ascended to the podium to call the meeting to order and, after George Barrett called for the dispensing of the reading of the minutes and the membership approved, he asked NBA Treasurer Bob Pope to give the Treasurer’s report. Following the membership’s applause at the short, but positive, financial condition of the organization, President Mendes recognized those retiring their membership on the NBA Board and thanked them for their service to the bar, including John Griffin, Barbara Perutelli, Alisa Peters, Bob Pope, Tracy Shaw, Emily Shouse, and Mike Sontag. Mendes then handed the podium to this year’s NBA Young Lawyers Division immediate Past-President Mary Taylor Gallagher and YLD President Sara Reynolds who presented the President’s Award to Claudia and Ryan Levy for their dedication to the YLD social events. Reynolds then presented Gallagher with a gift of appreciation, from the Young Lawyers Division, for her dedication as the 2011 President. Reynolds went on to report that the NBA YLD’s annual 10 Nashville Bar Journal - Dec 11 / Jan 12
wildhorse saloon
programs and events enjoyed great success during 2011, including a competitive Mock Trial, an active Race Judicata, and two highly attended charitable events – 14th Annual Carbolic Smoke Ball and 2nd Annual Arts Immersion co-hosted with the Arts & Business Council. The 2011 Emeritus Members Lewis Hollabaugh, Lawrence Levine, and Vincent Wehby were recognized by Lela Hollabaugh. Nashville Bar Journal editor, Bill Ramsey, presented the Article of the Year award to Charles Grant for his superb article, “The Freedom Rides: Making the Law Apply to All.” The article was co-authored by Natasha Campbell and ran in the September issue. Ed Lanquist presented the Honorable Joe Brown with the CLE Excellence Award, noting participation in more than 15 CLE programs last year for the local bar members. Lewis G. “Buddy” Burnett was recognized by Thor Urness as The Joseph G. Cummings, Sr. Pro Bono Volunteer of the Year for his work in specifically taking on the representation of domestic relations cases involving potential physical abuse, while the Pro Bono Leadership Award was presented to Waller Lansden Dortch & Davis (for providing support for over 300 cases in the last two years). Aubrey Harwell & Trey Harwell took the podium to recognize Bill Ramsey, this year’s recipient of the John C. Tune Public Service Award, the NBA’s highest honor. The Harwells noted that Ramsey’s involvement is not only in bar activities, but in community enrichment, including the willingness to open up his home for the annual Ode to Otha block party to raise funds for Second
Harvest. In typical fashion, Bill humbly and humorously accepted the award, noting John Tune, the namesake of the award, for all of his contributions to the community. He recognized Mrs. Carolyn Tune and her son David and thanked them for joining us at the Banquet this year. Bill also mentioned a number of attorneys who had supported him throughout his career. But Bill’s main points addressed the growing needs in our community and the unique advantages each member of the bar has to contribute. He noted the need for continued participation in pro bono activities by all members of the bar, as well as general assistance to others in our community for whom life has been less forgiving. President Mendes then concluded the awards portion of the evening by presenting the President’s Awards, which went to Ed Yarbrough, for his hard work and dedication to the NBA Capital Campaign this past year, and to the law firm of Sherrard & Roe, particularly for its assistance in negotiating the lease on the new Association office space. He then passed the gavel to President-Elect John Kitch. Prior to introducing the new officers, PresidentElect John Kitch remarked about the other attorneys early in his career who had provided inspiration and training. He noted the issues for the current class of law graduates released into a job market, some without the necessary practical skills for the practice of law. Referring back to the practical training he had graciously received from his own mentors, he introduced a new initiative for the association to act as a clearinghouse to provide access to attorneys with more than 15 years of experience (mentors) by new attorneys with 7 years or less in practice (protégés). The purpose of the program is to encourage the type of mentoring necessary to maintain the high standards set by society and our local bar while providing adequate resources from mentors to assist young attorneys making the transition into the real practice of law. The evening concluded with recognition of newly elected Board members C. Dewey Branstetter, Jr., Edward D. Lanquist, Jr., John C. McLemore, Jeffrey Mobley, Maria M. Salas, and Overton Thompson, III and introduction of the 2012 Board’s officers: President-Elect, Tom Sherrard; First Vice President, Hon. Randy Kennedy; Second Vice President, Hon. Marietta Shipley; Treasurer, Bernadette Welch; Secretary, Rebekah Shulman; and General Counsel, Gareth Aden.
See more photos from the event at www.nashvillebar.org
Nashville Bar Journal - Dec 11 / Jan 12 11
BILL AND PHIL’S GADGET OF THE MONTH CLUB By: Bill Ramsey of Neal & Harwell, PLC and Phillip Hampton of LogicForce Consulting
Battle of the Tablets: iPad v. Kindle Fire v. Nook Tablet In our previous columns we observed that the computer market appears to be in the middle of a “tablet revolution,” led by the Apple iPad. Certainly, the iPad is the leading tablet in the market, by far. It is increasingly used in the legal and business world for serious applications. So, “if you want something to play with go and find yourself a toy” -to use the words of Aaron Neville. The iPad ain’t a toy. It costs too much. There are many iPad competitors on the market, including the Samsung Galaxy Tab, the Transformer Line from Asus, the Motorola Zoom, the Sony Tablet 5, the Toshiba Thrive, the HTC Fire, the HP Touch Pad, the Blackberry Playbook, the Viewsonic View Pad, and many, many others. There are two newcomers to the market, the Amazon Kindle Fire and the Barnes & Noble Nook Tablet, however, that may provide the strongest tablet competition yet for the iPad. Don’t get us wrong, the Kindle Fire and the Nook Tablet are not nearly as powerful, or as versatile, as the iPad. However, each costs about one-third as much as the iPad. The Kindle Fire is $200 and the Nook Tablet is $250. In addition, each has most of the basic capabilities that most iPad users need. We will talk about each of these products separately. The Kindle Fire The Kindle Fire, like the Nook Tablet, is much smaller than the iPad. It has an impressive, bright seven-inch screen. Both devices are so small, you can place it in the outside pocket of your suit or sport coat. Like the Nook Tablet, it runs on an Android operating system, and it has many of the basic applications you need for browsing the web, answering email, etc. However, if you want to access Microsoft Exchange email, you will have to download an application from Amazon’s App Store, which is quite impressive in its breadth and depth.
Kindle Fire. In addition, and as expected, Amazon has made it very easy to shop at the Amazon store for almost anything, but especially for books and music. The Kindle Fire is a good device for someone who doesn’t need to do any “heavy lifting” with a tablet, but rather wants to use it to enjoy books and media content almost anywhere. The Nook Tablet Like the Kindle Fire, the Nook Tablet can play HD videos and allow you to surf the web. The native email application on The Nook is easy to set up, as is the Kindle Fire’s email app (Neither tablet has a method for connecting to our corporate Exchange account via the built-in e-mail app. We used our Gmail account instead.) However, The Nook Tablet’s email application is mediocre at best, even though it is still useful enough to send and receive routine emails. The Nook Tablet appears to have more storage than The Kindle Fire because it has thirteen gigabytes of storage. However, looks are deceiving, only one gigabyte is “open” for you to use in any manner you wish. The remaining 12 gigs are reserved for contents you buy from the Barnes & Noble online store. The Nook Tablet does include a micro SD card slot that allows you to have additional storage, but you will have to pay extra to buy a micro SD card for that additional storage. As stated above, the Nook Tablet already costs $50 more than the Kindle Fire so, in general, the Kindle Fire is a better deal. The browser on the Nook Tablet is even faster than the browser on the Kindle Fire, and the Nook Tablet’s browsing experience is incredibly fast and smooth. Like the Kindle Fire, the Nook is perfect for shopping, this time at the Barnes & Noble store. You can buy books, textbooks, newspapers, toys, games, DVDs, etc. We assume that both Barnes & Noble and Amazon are selling these devices at such low prices to increase sales through their respective online stores. Certainly, both the Nook Tablet and the Kindle Fire make shopping and spending money easy (as if we don’t already spend enough money online).
The onboard storage for the Kindle Fire is six gigabytes which should be plenty, given the intended use of the Kindle Fire. It also has a blazingly fast browser that appears to us, at least, to be somewhat faster than the browser on the iPad (which is, itself, quite fast).
No, we did not find either of these devices on a par with the Apple iPad. But, both devices are much better choices than any of the other 7-inch tablets we have seen, and they certainly offer a great choice for people who don’t really require the power of an iPad with all of its iOS applications and its large 10-inch screen. But, after all, price does matter. You can either buy one iPad 2 or three Kindle Fires or three Nook Tablets. Think about it.
But the real usefulness of the Kindle Fire (as well as the Nook Tablet) is as a media device. You can read books, surf the web, answer emails, listen to music, post on Facebook, post on Twitter, and watch movies in HD on the
See you next month, Bill & Phil
12 Nashville Bar Journal - Dec 11 / Jan 12
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 enroll 100% of their Nashville attorneys as members of the NBA. THANK YOU TO THE FOLLOWING 100% CLUB MEMBERS:
Waller Lansden Dortch & Davis, LLP (158) Bradley Arant Boult Cummings LLP (87) Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (77) Miller & Martin PLLC (52) Stites & Harbison, PLLC (46) Bone McAllester Norton PLLC (30) Sherrard & Roe, PLC (30) Neal & Harwell, PLC (28) Harwell Howard Hyne Gabbert & Manner, P.C. (27) Lewis, King, Krieg & Waldrop , P.C. (27) Gullett, Sanford, Robinson & Martin, PLLC (26) Manier & Herod, P.C. (26) Dickinson Wright PLLC (23) Leitner, Williams, Dooley & Napolitan, PLLC (21) Ortale, Kelley, Herbert & Crawford (20) Riley Warnock & Jacobson, PLC (19) Cornelius & Collins, LLP (17) Brewer, Krause, Brooks, Chastain and Burrow, PLLC (14) Ogletree, Deakins, Nash, Smoak & Stewart (14) Smith Cashion & Orr, PLC (14) Tune, Entrekin & White, P.C. (14) Walker, Tipps & Malone, PLC (14) Branstetter, Stranch & Jennings, PLLC (13) Hughes & Coleman (13) Waddey & Patterson, P.C. (13) Burr & Forman LLP (11) Frost Brown Todd LLC (11) Corrections Corporation of America (10) Dollar General Corporation (10) Kay, Griffin, Enkema, & Colbert, PLLC (10) Parker, Lawrence, Cantrell & Smith (10) Taylor, Pigue, Marchetti & Mink PLLC (10) Watkins & McNeilly, PLLC (10) White & Reasor, PLC (10) DHPM, PC (9) Hall, Booth, Smith & Slover, P.C. (9) Levine, Orr & Geracioti (9) Dodson Parker Behm & Capparella, P.C. (8) Schulman, LeRoy & Bennett, P.C. (8) Spicer Rudstrom, PLLC (8) Buffaloe & Associates, PLC (7) Evans, Jones & Reynolds, P.C. (7) Farris Mathews Bobango, PLC (7) Lassiter, Tidwell & Davis, PLLC (7) Reno & Cavanaugh PLLC (7) American General Life & Accident Ins. Co. (6) Hollins, Raybin & Weissman, P.C. (6) Howard & Mobley , PLLC (6) Keller, Turner, Ruth, Andrews, Ghanem & Heller, PLLC (6) MGLAW, PLLC (6) Barrett Johnston, LLC (5) Haynes, Freeman & Bracey, PLC (5) Holton Blackstone & Mayberry, P.C. (5) Jones Hawkins & Farmer, PLC (5) Kinnard, Clayton & Beveridge (5) Leader, Bulso & Nolan, PLC (5) Loeb & Loeb, LLP (5) Luna Law Group, PLLC (5) Shackelford, Zumwalt, Hayes, LLP (5) Trauger & Tuke (5) Video Gaming Technologies, Inc. (5) Cheatham, Palermo & Garrett (4) Dobbins, Venick, Kuhn & Byassee, PLLC (4) Hale & Hale, PLC (4) Law Offices of John Day, P.C. (4) Lieff, Cabraser, Heimann & Bernstein (4) Morgan & Akins, PLLC (4) Moses Townsend & Russ, PLLC (4) Mudter & Patterson (4) Rothschild & Ausbrooks, PLLC (4)
Rutherford & DeMarco (4) Thrailkill, Harris, Wood & Boswell, PLC (4) Willis & Knight, PLC (4) Baker, Campbell & Parsons (3) Barry Gammons, Attorney at Law (3) Chaffin, Burnsed & Blackburn, PLLC (3) Cheadle & Cheadle (3) Comdata Corporation (3) Corbett Crockett (3) Garfinkle, McLemore & Young, PLLC (3) Glasgow & Veazey (3) Grissim & Hodges (3) Hix & Gray, PLC (3) IASIS Healthcare LLC (3)
Larry R. Williams, PLLC (3) Littler Mendelson, P.C. (3) Marlowe Law Offices, PLLC (3) May & Ryan, PLC (3) Moseley & Moseley, Attorneys at Law (3) Nashville Electric Service (3) Norris & Norris, PLC (3) Puryear Law Group (3) Rocky McElhaney Law Firm, PC (3) Rogers, Kamm & Shea (3) Sarah Cannon Research Institute (3) Tennessee Justice Center (3) Todd, Floyd & Hammet, PLC (3) Weatherly, McNally & Dixon, PLC (3)
Nashville Bar Journal - Dec 11 / Jan 12 13
Occupy Nashville Overview by:
Will York
The State of Tennessee and Occupy Nashville had an uneasy relationship from the beginning, if for no other reason, because each had invaded the other’s personal space. The protesters set up on Oct. 6, a stone’s throw from the Capitol and literally on the roof of legislators’ offices at Legislative Plaza. The state surely looked to Occupy Wall Street—Occupy Nashville’s big brother— and saw a nuisance brewing. After a rally, the occupiers set up tents, meant to facilitate their 24-hour protest vigil, as well as build community within the occupation, in order to unite people from diverse parts of town. In another way, the tents are symbols of the income inequality in this country that the protesters bemoan, juxtaposed with office buildings and stately landmarks. The occupiers chose Legislative Plaza deliberately; they sought to place themselves— physically and metaphorically—between the business elite and the state. Their demands? Separate money and politics, overturn Citizens United1 and refute the idea that money is free speech, and support Occupy Wall Street. Their mantra? “We are the 99%,” a reference to the fact that the top 1% of income-earners control 42% of financial wealth and nearly a quarter of pre-tax income in the United States. Their numbers grew slowly at first, then a series of now-unearthed emails passed around the Department of General Services and the Department of Safety and Homeland Security, accusing the protesters of urinating, defecating, and having afternoon trysts under the plaza’s magnolia trees. Then the state told the protesters that they had “lost control of the homeless situation.” The number of protesters began to swell rapidly; some newcomers didn’t necessarily agree with the occupiers’ stance on political issues but recognized what they predicted as an approaching affront to civil liberties. In late October, Occupy Nashville delegates met with General Services and Safety and Homeland Security officials to complain about diminishing state trooper 14 Nashville Bar Journal - Dec 11 / Jan 12
Al Levenson
Interest
coverage on the plaza. When occupiers called the police, they said, no one responded. The state used the meeting as an opportunity to announce they had decided to create a curfew governing Legislative Plaza, something that had never happened before. The next day, the curfew was put in place. The curfew closed Legislative Plaza from 10 p.m. to 6 a.m. daily, but for assemblies, special use permits were required, “approved at the discretion of the Department (of General Services) on a case by case basis.” The sudden rule change and unbridled administrative discretion caught the occupiers—and their lawyers—by surprise. The rules were written, posted and applied on the same day, Oct. 27. At 3 a.m. on Oct. 28, more than 100 state troopers entered the plaza and announced the protesters had 10 minutes to leave. Some left, fearing arrest. An indignant 29 peacefully defied the order by sitting in a circle, locking arms and reading this nation’s founding documents as they were pulled apart and handcuffed by the Tennessee Highway Patrol. The troopers tossed the protesters’ belongings in a garbage bin. Night court magistrate Thomas Nelson found no probable cause for the arrests, citing inadequate notice of the new plaza use restrictions. State troopers detained the arrestees on a bus for five more hours and cited them with misdemeanor citations for criminal trespassing. The next night, 26 were arrested, including a student journalist from MTSU and Jonathan Meador, a journalist for the Nashville Scene. Again, Commissioner Nelson tossed out the warrants, stating, “There is no authority anywhere in the State of Tennessee for the State of Tennessee ... to institute any curfew on Legislative Plaza at all.” (One path between rows of tents at Occupy Nashville is known as “Tom Nelson Blvd.”) On Oct. 31, attorneys Patrick Frogge, David Briley and ACLU of Tennessee Legal Director Tricia Herzfeld filed a complaint, Occupy Nashville v. Haslam, and moved for a temporary restraining order in federal district court.
PRO BONO PROFILE: Lewis G. “Buddy” Burnett by:
The complaint alleged that the new curfew and policy were unconstitutional prior restraints on speech, intentional content-based regulations, vague and overbroad. The complaint also alleged that the Department of General Services violated the Tennessee Uniform Procedures Act by promulgating the new rules “by fiat in secret without notice, comment, approval by the attorney general and reporter or publication by the secretary of state.” They charged that the state committed an unlawful search and seizure of personal belongings and the tort of unlawful arrest for detaining the protesters without probable cause “with deliberate indifference to Plaintiff’s constitutional rights.” The same day, Judge Aleta Trauger was set to hear oral arguments on the temporary restraining order motion, which, if successful, would have prevented the state from ousting the occupiers. After being served with the complaint and motion, the state chose not to oppose the motion. But Judge Trauger said she would have granted the TRO motion anyway. “I can’t think of any more quintessential public forum than Legislative Plaza,” she said. “I believe that this policy that was not legally propounded is a clear prior restraint on free speech rights.” In mid-November, the district attorney’s office chose not to prosecute the trespassing citations “in the interest of justice,” and General Sessions Judge Dianne Turner ordered the arrestee’s records expunged. Attorneys for the state and Occupy Nashville agreed on Nov. 17 to convert the TRO into a preliminary injunction with no substantive changes from the initial TRO, giving the occupiers still more time on the plaza. A status conference is scheduled for early February, but trial is not yet docketed. n Will York is a recent graduate of Case Western Reserve School of Law. He practices criminal law, civil rights law, and general tort law. (Endnotes) 1
Victoria Webb
The deserving winner of the 2011 Joseph G. Cumming Pro Bono Volunteer of the Year award has been practicing in Nashville for 32 years. Lewis G. “Buddy” Burnett was presented with the award at the NBA’s Annual Banquet & Meeting in December. Buddy has accepted over 36 cases referred by the Nashville Pro Bono Program, most of them representing victims of domestic violence in divorce cases. It is rare, if ever, that he turns down a case when asked to help. Burnett gives prompt advice for new lawyers when asked. “You know that old Nike commercial? Just do it!” He encourages new lawyers not to be intimidated by courts, judges or procedures. “If you don’t know something, ask, and do something for somebody with no expectation of any return.” Burnett jokes that he “abuses” his pro bono clients “because they don’t get anything more than anyone else.” Victim advocate with the Legal Aid Society, Whitney McFalls, knows he’s joking. “Buddy is caring and compassionate. He really understands the issues that victims of domestic violence face when going through a divorce. He is kind and supportive to the Pro Bono Program clients he takes,” she says. Judge Philip Smith has seen Burnett’s pro bono work up close. “Buddy has not only provided a great service to the less fortunate by formally taking pro bono cases, he has also provided great assistance to the Fourth Circuit Court by providing direction to those in need when appearing in court on other matters. Buddy has set a wonderful example for all lawyers. He is certainly deserving of praise and recognition.” Burnett has for many years also helped other lawyers in the Bar. He has long been active in the formation and leadership of the Tennessee Lawyers Assistance Program and was chair of the Lawyer Concerned for Lawyers, both designed to help lawyers with addictions and other disabilities that affect their practice. Burnett grew up in Nashville and obtained his J.D. at the University of Memphis School of Law and has practiced in Nashville ever since. When he started, “There were general practitioners,” he points out, “and we’d go to probate court one day, criminal docket the next, bankruptcy court or do a divorce.” Although a humble man of few words about his professional life and generosity, he will talk enthusiastically about his favorite pastime—riding motorcycles. He has restored a number of vintage and classic motorcycles, his prize being a 1941 Indian Sport Scout. When his two adult children were small, he and his wife, Mary, of 40 years took them “all over the southeast” in a large bike with a sidecar. Burnett obviously believes in a balanced, generous and fun-loving life. The Nashville Pro Bono Program is a joint venture of the Legal Aid Society and the Nashville Bar Association. The clients Buddy Burnett helps are just a few of the over 2,000 low-income people in Davidson and Williamson Counties the Program assisted within the last year. Contact the Nashville Pro Bono Program at nashvilleprobono@las.org or call Lucinda Smith at 780-7127 to join the hundreds of lawyers in Nashville who do this important work. n Victoria Webb is the paralegal Project Coordinator with the Nashville Pro Bono Program. She has worked for the Program since 1986.
Citizens United v. Fed. Election Comm’n, 130 S.Ct. 876 (2010). Nashville Bar Journal - Dec 11 / Jan 12 15
Judge Paine 30 Years on the Bench - A Perspective Continued from page 9
Paine said. “And, I had been appointed Trustee in the case of a heating and air conditioning contractor who had embezzled a lot of money. That was the extent of my bankruptcy practice.” After three years with the Schulman firm, George moved in 1976 to the firm of Chambers & Wiseman. The named partners were John Chambers and soon to be U. S. District Court Judge Tom Wiseman. There was a yacht belonging to the debtor in the Bahamas and Trustee Paine flew there to retrieve it. To get custody he had to file suit in admiralty. “They would not let me file as Trustee,” George said. “I had to file personally. We won in the trial court and lost on appeal. I was taxed with all the costs. I will go anywhere in the world but not to the Bahamas. I know just as soon as I hit customs they are going to nab me for those costs and attorney fees.” This brings us to the selection of the judge to succeed Bankruptcy Court Judge Paul E. Jennings. Keith Lundin, the standing Chapter 13 Trustee, was the first choice of the U. S. District Court Judges. Both George and Keith had been associates together at Chambers & Wiseman. Keith sought out the advice of his good friend George on whether he should take the appointment and George said “No.” And, based in part on George’s advice, Keith turned the job down. “To this day he thinks he was such a gentleman,” Lundin said. Explaining that George really believes that before he ever spoke with any of the District Court Judges about making application for the job, he cleared it with Keith first. “I heard from Wiseman that he was going for the judgeship before he ever talked to me.” “George Paine is one of those people who fits no mold,” Lundin began as he explained his 30 years on the bench with his good friend and colleague. “You want one word for Paine? ‘Puck.’1 He is straight out of Shakespeare.” 16 Nashville Bar Journal - Dec 11 / Jan 12
“He is a secret hero who has his finger in every good cause,” Lundin continued. “He gives an enormous amount of time to the community and does not care about getting credit.” When asked about Paine’s relationship with other judges, Lundin said, “Among the judges, he probably has the highest name recognition in the NCBJ (National Conference of Bankruptcy Judges).” Lundin says Paine is a person who is willing to take on the jobs no one else wants and he gets the job done. George has served as treasurer of the NCBJ and was president in 1988-1989. “If the judges need someone to go to Washington, find a Congressman and talk to him, George will go,” Lundin continued. “His network is broad. He is highly respected. They consider him their friend.” According to Lundin the worst position in any organization is being the person in charge of giving awards. Paine has had the job for 25 years. “There is no way to please everyone,” Lundin said. “And, it is a sure way to make people mad.” Chief Judge George C. Paine II calls being a bankruptcy judge the “easiest job in the world. You decide cases and be nice to people.” He says the only time he ever gets butterflies in his stomach is when he has to perform the occasional wedding. Despite the fact he knew almost nothing about bankruptcy when he took the bench, he found the transition easy. Carter, his older son was two when George began his first 14-year-term. He says he has had far more time with his family than he would have had living the life of a trial lawyer. “I never took my work home,” he said, giving the sentence a double meaning. He worked at the office and he did not allow the decision making process to prey on him when he left. Regarding his learning curve, George said there were two factors which
gave him an advantage over the lawyers appearing before him. “The government hired a law clerk to work for me and there has never been a judge who could not say ‘We are going to take a brief recess.’” He said if he had a matter before him that required a better understanding of the law than he currently had, he would leave the bench, return to his chambers and read up. “I was always confident I could dig it out,” Paine explained. George Paine’s interest in international affairs has become part of the operations of the Bankruptcy Court. Practitioners are accustomed to seeing visiting dignitaries walking the halls and monitoring hearings. They are all part of George Paine’s desire to help people and his determination to promote the adoption of and respect for commercial law around the world. “A country cannot have a stable government without it,” Judge Paine says. He is quick to give credit to Judges Harrison and Lundin for their “cooperative spirit” when opportunities in other parts of the world have arisen. “I would not have been able to do a lot of things if they had not been willing to pitch in and cover my dockets,” Judge Paine said. While on the bench Chief Judge George C. Paine II represented the United States on educational visits to, in no particular order, Russia, Uzbekistan, China, Hong Kong, Panama, Taiwan, Bulgaria, Macedonia, Romania and Croatia, to name a few. He has also visited the Hague and he really has been to Slovenia. n John C. McLemore is the chair of the NBA Historical Committee and a member of the Bankruptcy Court Committee. (Endnotes) 1 Puck is a clever and mischievous elf and personifies the trickster or the wise knave. In the play, A Midsummer Night’s Dream, Shakespeare introduces Puck as the “shrewd and knavish sprite” and “that merry wanderer of the night” and jester to Oberon, the fairy king.” Wikipedia under the listing “Puck--Shakespeare.
Collaborative Family Law Comes to Nashville Continued from page 7
Kevin Fuller addressed the issue. Fuller is a Dallas, Texas, matrimonial lawyer listed in Best Lawyers in America, Top 100 Lawyers in Texas, and chair of the Texas Bar’s collaborative section. Since 2007, Fuller says he has done 56 collaborative cases, 3 of which he describes as “go-get-‘em” cases. He calculated that the fees from the 3 “go-get-‘em” cases exceed the fees in all 56 collaborative cases. So much for the expense fear. Why were Fuller’s collaborative fees lower despite the meetings and the experts? Paying counsel to propound and answer discovery requests and then spend time in court over the sufficiency of such responses and for other motions is no bargain. Oh yes, and, then one might toss in a motion to have a psychological exam to determine just how crazy their spouse was for being married to them all this time. On the other hand, collaborative protocols are designed to make meetings efficient and the goal of all is to achieve settlement. Put another way, the cost of war is usually more than the cost of diplomacy. CONCLUSION One colleague when first presented with the term “collaborative divorce” joked that it was an oxymoron. Is it pie in the sky? In the late 90’s when family mediation was new, the common refrain was that if couples could mediate their differences they would not be getting divorced. Now, mediation is required by statute in most cases involving children or before a case goes to trial. Certainly collaborative methods of marital transition and post-divorce dispute resolution emphasizing clients working together to craft their own agreements are far less likely to promote alienation, distrust, and bitterness through traditional litigation and more likely to be durable and workable. Privacy is protected. Business disruption is minimized. Collaborative divorce is the next phase. n
BOOK REVIEW A Season of Darkness
By Douglas Jones and Phyllis Gobbell Penguin Group (2010) ISBN: 978-0-425-23915-5 Reviewed by Donald F. Paine The murder of young Marsha Trimble (age 9) is one of the sadder chapters in modern Nashville criminology. This paperbound book takes you from her 1975 disappearance while selling Girl Scout cookies near Green Hills to the conviction and sentencing in 2009 of Jerome Barrett. Professionalism by cold case officers Postiglione and Pridemore gets thorough coverage. The trial, with Judge Steve Dozier presiding, is covered in the final pages. Photographs help the reader see who, what, and where. An article in the September 2010 Nashville Bar Journal by Gareth Aden and Hal Hardin recount the late General Tom Shirver's courage in the early years. A Season of Darkness brings the story to a close. n Donald F. Paine is Of Counsel to the Knoxville firm of Paine, Tarwater, and Bickers LLP.
Irwin J. Kuhn is a partner with Dobbins, Venick, Kuhn & Byassee, PLLC, and Vice-President of the Middle Tennessee Collaborative Alliance, mtcollab.com
(Endnotes) 1 Robin Williams Tells Ellen: Divorce Is “Like Circumcision with a Weed Whacker”, TVshark.com (May 7, 2008), http://www.tvshark.com/read/?art=arc1796. 2 T.H. Holmes & R.H. Rahe, The Social Readjustment Rating Scale, J. Psychosom. Res 1.1 (2): 213–8 Ayoub, Deutsch & Andronicki, Emotional Distress in Children of High-Conflict Divorce: The impact of Marital Conflict and Violence; 37 Fam. & Concil. Cts. Rev. 297, 300
3
Michael Winerip, Parenting: When Ties to a Parent are Cut by the Other, New York Times, Sept. 23, 2007, available at http://www.nytimes.com/2007/09/23/nyregion/nyregionspecial2/23Rparenting. html?scp=1&sq=%22When%20Ties%20to%20a%20Parent%20Are%20Cut%20by%20the%20 Other%22&st=cse.
4
Judge Philip Smith, Chamber Rules 4th Circuit Court, § IV(2), available at http://circuitclerk.nashville.gov/ circuit/circuitchamberrules.asp#5.
5
6
After beginning in Minnesota, the collaborative movement grew in California.
See David Hoffman & Lily Hoffman-Andrews, Mediation and the Art of Shuttle Diplomacy, Boston Law Collaborative, LLC, http://www.bostonlawcollaborative.com/blc//documents/Art-of-Shuttle-Diplomacy.html. The authors cite studies showing that nationally almost 60% of family mediations are conducted using little if any caucusing.
7
Nashville Bar Journal - Dec 11 / Jan 12 17
NUTS & BOLTS OF PRACTICE
Divorce in Tennessee by:
Tim Ishii
Whether one has just passed the bar or has been practicing for decades, an attorney will be expected by clients and laymen to be at least acquainted with the fundamentals of divorce in Tennessee. For the attorney that does not regularly practice family law, the process of filing a divorce complaint may seem straightforward, but the divorce process requires documents and procedures that are unique to domestic law. Marriage in Tennessee is governed by statute. The statute sections concerning divorce and annulment can be found at Tennessee Code sections 36-4-101 through 36-4 -135. Venue and Jurisdiction Venue and residence are established by either party living in the state of Tennessee for the previous six months. If either party is a member of the military, venue and residence is established by either party previously living in the state of Tennessee at least one year. Tenn. Code Ann. § 36-4-104. A divorce action may be brought in the county where the parties jointly reside or where the defendant resides. Tenn. Code Ann. § 36-4-105. If the divorce is sought on grounds of irreconcilable differences and the defendant is a nonresident, personal service of process may be effectuated through the Secretary of State. Tenn. Code Ann. § 36-4-103(a)(1). The divorce complaint The first document peculiar to the divorce process is the complaint. The statistical information required to be included in a divorce complaint is clearly delineated in T.C.A. § 36-4-106(b)(1). Since vital statistical information such as dates of birth and Social Security numbers must be included in the divorce complaint, in order to prevent sensitive information from becoming part of the public record, the filing attorney must supply one 8 ½” by 11” manila envelope labeled with the names of the parties into which the clerk inserts the complaint once filed, marking the outside with the docket number for inclusion in the case file. Both the divorce complaint and answer must be verified. Tenn. Code Ann. §§ 36-4-107, 36-4-110. The verification requirement, unique to divorce, is that “. . . the Complaint is not made out of levity or in collusion with the Defendant.” (Historically divorce could only be granted upon grounds. Consequently, parties would collude to create a sufficient grounds for divorce.)
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By statute, the filing party must serve with the summons, a statutorily defined injunction precluding moving or dissipating of any marital assets without the consent of the other party or an order of the court. Tenn. Code Ann. § 36-4-106(d)(1)(A). However, expenditures from current income to maintain the marital standard of living and the usual ordinary course of operating business are not restricted by the injunction. Id. One should be aware that each party is required to maintain records of all expenditures and may be required to produce copies thereof. Finally, both parties are enjoined from relocating the children outside the state of Tennessee or more than 100 miles from the marital home without permission of the other parent or an order of the court. Tenn. Code Ann. § 36-4 -106(d) (5). CHILD CUSTODY Since 1997, a parenting plan has been required if there remain minor children born of the marriage.1 Both temporary and permanent parenting plans are required. Tenn. Code Ann. § 36-6-403, 36-6-404. If the parties can agree, no written temporary plan need be filed. Tenn. Code Ann. § 36-6-403(1). However, if the parties cannot agree, the court may by statute order mediation or an expedited hearing on the temporary parenting plan. Tenn. Code Ann. § 36-6-403(2). If only one party submits a temporary parenting plan that party may motion the court to have their plan entered by default. If the parties contest custody, the court must at trial conduct a comparative fitness test between the parents, with the paramount consideration being "the best interest of the child." Tenn. Code Ann. § 36-6-106; see also In re Elaina M., No. M2010-01880-COA-R3JV, 2011 WL 5071901 (Tenn. Ct. App. Oct. 25, 2011). By statute, the court must make a finding of fact as to its reasoning for granting custody in its final order. Tenn. Code Ann. § 36-6-101(a)(2)(B)(I). In its ruling the court will determine the "primary custodial parent" and determine the exact number of days each parent will have custody of the child. Tenn. Code Ann. § 36-6-
301. The day count will then be used to determine the amount of child support utilizing the child support calculator. Tenn. Code Ann. § 36-5-101. The parenting plan will be incorporated into the Final Order, and it is required the judge to determine and state in the Order that adequate financial provision has been made for all minor children. See Tenn. Code Ann. § 36-6-404 for all requirements and factors used by the court. The number of days each parent has custody of the child will determine the amount of child support the noncustodial parent will have to pay the custodial parent. An attorney must be aware of this fact and so counsel their client on the impact of how much or how little custodial time they choose to have. Special attention must be paid to the parenting time on traditional holidays. Specificity and clarity as to which parent will pick up the child after school on the holiday weekend and when and where the child will be exchanged by the parents is always a point of contention. The irreconcilable differences divorce If the parties can agree, divorce can be granted under irreconcilable differences, commonly referred to as an "I. D. Divorce." Tenn. Code Ann. § 36-4-103. In an I.D. divorce, the divorce can be completed by one attorney. However, the attorney must make clear to the opposing party that the attorney does not represent them in any way and that they are free to obtain counsel of their own. As a practice point it is advisable for the supervising attorney to send the letter detailing their representation of only one party to the unrepresented party and request that a signed copy be returned. All I.D. divorces require a marital dissolution agreement (MDA). In lieu of service of process the defendant may file a notarized marital dissolution agreement, signed by both parties, referencing divorce action by court and docket number or stating that the defendant is aware the divorce action is pending in this
state and waives service of process and the filing of an answer. Such a waiver is valid for 180 days after the last party signs the marital dissolution agreement. Tenn. Code Ann. § 36-4-103. Signing of the MDA constitutes a general appearance by both parties, granting personal jurisdiction over the parties by the court. Tenn. Code Ann. § 36-4-103(a)(2). The divorce with grounds There are 15 enumerated grounds for divorce under Tennessee law. Tenn. Code Ann. § 36-4-101. Grounds asserted in the complaint are, as a matter of routine, denied. However, even if grounds asserted in the divorce petition are admitted, the court must nevertheless hear proof of the facts alleged in the petition and either dismiss the petition or grant a divorce. Tenn. Code Ann. § 36-4-114. Parties may stipulate to both grounds for divorce and defenses. Tenn. Code Ann. § 36-4-129. It is relevant in the current economic environment to note that failure to leave the marital domicile is not a defense to divorce based on the conduct of the offending spouse. Tenn. Code Ann. § 36-4-111. PROPERTY division It is beyond the scope of article to go into detail about property division in divorce. Suffice it to say, all divorces require a property division be entered as part of the final order. In I.D. divorces the parties themselves have agreed to the property division in their MDA. In divorces for cause, the court is required to consider “all relevant factors” including the following factors in making an equitable distribution of marital property. Conley v. Conley, 181 S.W.3d 692, 699 (Tenn. Ct. App. 2005). The court shall equitably divide the property without regard to fault. Tenn. Code Ann. § 36-4-121(a)(1). There are 11 factors enumerated in the statute that the court is required to consider in making an equitable division of the marital property. Id.
The court begins by separating “marital property” from “separate” property. In general terms, marital property is property acquired by either spouse or both during the marriage and up to the date of the final divorce hearing. It is important to note that marital property includes any increase in value during their marriage of separate property if each party has "substantially contributed to its preservation and appreciation." Tenn. Code Ann. § 36-4-121(b)(1)(B). Alimony or spousal support Most divorces require some quantity of spousal support (alimony). There are four types of alimony: alimony in futuro (periodic alimony), alimony in solido (lump sum alimony), rehabilitative alimony, and transitional alimony. Tenn. Code Ann. § 36-5-121(e)(1). Rehabilitative alimony is the amount of money needed, with reasonable effort, for the economically disadvantaged spouse to achieve roughly the same standard of living as during the marriage. Tenn. Code Ann. § 36-5-121(d)(1). Transitional alimony is awarded when the court finds that rehabilitation is not necessary, but the economically disadvantaged spouse needs help in transitioning to the "economic consequences of a divorce." Tenn. Code Ann. § 36-5-121(d)(4). Alimony in futuro may be awarded in addition to rehabilitative alimony or substituted for it if rehabilitation is not possible. Id. Alimony in solido may be awarded in conjunction with or in lieu of any other type alimony. Tenn. Code Ann. § 36-5-121(d)(5). Alimony in futuro is modifiable, alimony in solido is not. Burlew v. Burlew, 40 S.W.3d 465, 471 (Tenn. 2001). Practice point: when either drafting or reviewing a proposed final order make certain that the exact type of alimony the court ordered is clearly and specifically stated in the order and the exact amount of time of its duration. Continued on Page 20
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Nuts & Bolts: Divorce in Tennessee Continued from page 19
The final decree At any time before the final order is entered, the parties may enter a written stipulation that they wish to attempt to reconcile. The court will then enter an order suspending for a time all actions and proceedings in the divorce action without prejudice to either party. Tenn. Code Ann. §36-4-126. Since 2007, the court is required to ensure compliance with T.C.A. § 567-2366 which requires 30 days written notice of cancellation of health insurance to a spouse as a result of divorce action. The final order for a divorce granted on irreconcilable differences requires a notice that becomes part of the final decree that the order does not affect the ability of creditors to pursue action against either party. Tenn. Code Ann. § 36-4-134. Finally, though divorces and child custody matters become "final" for the purposes of pursuing an appeal, child custody proceedings are not truly concluded until all child support obligations are terminated by court order upon request of the obligated party. Usually child support termination occurs at the last child's 18th birthday or graduation from high school, whichever is later. However, the parties may agree for tuition payments through college or other higher education. THE FINALITY OF THE ORDER AND APPEAL Child custody and support matters may be reopened by either party upon the assertion and proof of "material change of circumstances.” In re T.C.D., 261 S.W.3d 734, 743 (Tenn. Ct. App. 2007). Regardless of what the parties may assert, "Such decree shall remain within the control of the court and be
subject to such changes or modification as the exigencies of the case may require." Tenn. Code Ann. §36-6-101 (A)(1). Though the rights of the parties as contained in the final order are based on facts which are res judicata, that does not preclude the court from considering a change of facts or factors which negatively affect the child continuing under the present parenting plan. Hansen v. Hansen, No. M2008-02378-COA-R3CV, 2009 WL 3230984, (Tenn. Ct. App. Oct. 7, 2009). Operation of the parenting plan may be suspended by the parties attempt to reconcile or they may stipulate that the current parenting plan is not working. In order to modify the parenting plan the court does not totally re-evaluate the comparative fitness of the parties as parents, but rather applies the material change of unforeseen circumstances test to reassess the propriety of the parenting plan. Massengale v. Massengale, 915 S.W.2d 818, 819 (Tenn. Ct. App. 1995). Analogously, child support obligations can only be modified upon assertion and proof of “substantial and material change of circumstances.” Tenn. Code Ann. § 36-5-121(a).
As for appeals, appellate courts have a heightened regard for the factual findings of a domestic trial court especially in regards to credibility of witnesses. As with other types of appeals, any procedural or evidentiary contentions must be preserved by timely objection and/ or proper offers of proof in order to allow the appellate courts to review and consider. Of course any conclusions of law of the trial court are reviewable de novo as provided by Tennessee Rule of Appellate Procedure 13(d). This then is a nuts and bolts primer for attorneys regarding divorce in Tennessee. n Timothy T Ishii practices domestic, probate, and appellate law in the firm of Cynthia J.Bohn, and Associates. Mr. Ishii has been practicing law in Tennessee since 1996. (Endnotes) 1 But note that there is an attorney general opinion stating that juvenile courts do not need to comply with the parenting plan requirement. Tenn. Op. Att'y Gen. No. 01-028, 2001 WL 276846 (Feb. 27, 2001). The juvenile courts have jurisdiction over custody matters between unmarried parties. Consequently, the mother will have sole custody until such time as a putative father is adjudicated to be the biological parent.
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Disclosure Davidson County prosecutor Hugh Ammerman III has been named the Outstanding Local Government Official by the Nashville Coalition Against Domestic Violence. Ammerman received the General Chris Buford Award at the annual Meet Us at the Bridge ceremony in October on the Shelby Street pedestrian bridge. The ceremony is an event that honors those who work with domestic violence victims, and remembers those victims who have lost their lives at the hands of a loved one. Gil Schuette has joined the law firm of Walker, Tipps & Malone PLC, a trial litigation firm whose attorneys focus on both civil and criminal litigation and dispute resolution. Schuette graduated from The University of Tennessee College of Law in May 2011 and obtained his Bachelor of Arts Degree from Wake Forest University in 2003. Between college and law school, Schuette served as an Officer in the United States Marine Corps from 2004 through 2007. Meghan Dougherty has joined Neal & Harwell, PLC as an associate. She previously served as Law Clerk to the Honorable B. Avant Edenfield, District Court Judge for the Southern District of Georgia. Dougherty received her J.D. cum laude from the University of Georgia in 2007, where she was awarded the 2006 School of Law Award for High Academic Performance in Legal Research and Writing. She received a B.A. in English with honors from the Indiana University in 2000. She is a member of the Nashville Bar Association, the Tennessee Bar Association and the Georgia Bar. Chanelle Johnson has joined Neal & Harwell, PLC as an associate. Johnson served for six years in the United States Marine Corps, acting as a chief prosecutor, ethics advisor and company commander stationed at Parris Island, South Carolina. Johnson received her J.D. at Harvard Law School in 2004, where she was copy editor of the Women’s Law Journal. She graduated cum laude from the University of Colorado, Denver, in 2001 with a B.S. in political science. Johnson is a member of the Nashville Bar Association, the Tennessee Bar Association, the Colorado Bar Association and the U.S. Marine Corps Association. She is admitted to practice in Tennessee, Colorado, and before military courts-martial. 22 Nashville Bar Journal - Dec 11 / Jan 12
\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 Karl M. Braun, a partner with Hall Booth Smith & Slover, P.C, will head the firm’s newly formed Family Law and Mediation practice group. Braun has been with HBSS for nearly 17 years and recently received his Rule 31 mediator designation. He has served as an advocate in a number of mediation settings and is experienced in finding alternatives to litigation through effective compromise and decision-making. He has spent more than 15 years as a professional musician and songwriter. Braun attended Eckerd College in St. Petersburg, Fla., where he studied music and received a BA in creative writing. He attended Georgia State University College of Law, where he received his JD magna cum laude in 1992. Will Parsons joined the law firm of Bowen & Unger, PLC as an associate in July 2011 with a practice focused on entertainment law and complex business litigation. Prior to joining Bowen & Unger, PLC, Parsons practiced as an associate with Riley Warnock & Jacobson, PLC. Mr. Parsons was admitted to the bar in 2007 after earning his law degree magna cum laude from the University of Tennessee College of Law and his undergraduate degree from the University of Virginia. Rachel Ross has joined Littler Mendelson, P.C. as an associate in the Discrimination and Harassment, Leaves of Absence and Disability and Retail practice groups. Ross has a Bachelor of Arts from Southern Methodist University and she received her Juris Doctorate from University of Tennessee College of Law. She is licensed to practice law in Tennessee. Lauren E. Kilgore has joined Burr & Forman LLP as an associate. Kilgore practices in the firm's commercial litigation practice group. In addition, her practice includes a focus on transactional entertainment law and intellectual property matters. Kilgore received her J.D. from Vanderbilt University Law School, where she served as a Senior Board Technology Editor for the Vanderbilt Journal of Entertainment and Technology Law. She received her B.A., summa cum laude, from Birmingham-Southern College. In addition, Kilgore participated in internships and conducted research in Scotland, Czech Republic, Serbia, Hungary, Thailand, Vietnam and Cambodia. Nashville Bar Association members may send Disclosure announcements via email to nikki.gray@nashvillebar.org Submissions are subject to editing.
Ramona P. DeSalvo has joined Nashville School of Law as an intellectual property law instructor. DeSalvo brings unique perspective from years of practicing entertainment law while simultaneously running talent and management agencies serving songwriters and artists. A member of the National Academy of Recording Arts & Sciences, Copyright Society of the South, Music Row Administrators Group, and the Music and Entertainment Industry Educators Association, DeSalvo is active in the entertainment community. She is also a member of the Nashville Bar Association and serves on its Entertainment/Ethics/ Solo/Small Firm Committees. DeSalvo obtained her doctor of jurisprudence from the University of Cincinnati College of Law, and a bachelor of arts degree from the University of California, Berkeley. Matthew Kroplin has joined Stites & Harbison, PLLC as an associate in the Business Litigation Service Group. He represents banking institutions, insurance companies, healthcare companies and other business entities and individuals regarding complex disputes and litigation, tort and insurance defense, contract disputes, zoning matters, creditor representation, and general business advice. He has a bachelor’s degree from Lipscomb University, a master’s of public administration from Tennessee State University and his law degree from Vanderbilt University. He is an American Cancer Society junior board member and a member of the American, Tennessee and Nashville Bar Associations. Patrick Warfield has joined Stites & Harbison, PLLC as an associate in its Creditors Rights & Bankruptcy Service Group. Warfield interned for Senior U.S. District Court Judge Thomas A. Wiseman Jr. and Tennessee Circuit Court Judge and Chancellor James G. Martin III. Warfield has a bachelor’s degree from Sewanee: The University of the South, where he was in the Order of the Gownsmen and his law degree from Samford University’s Cumberland School of Law, where he served as articles editor for the American Journal of Trial Advocacy. Gulam R. Zade has joined Garfinkle, McLemore & Young, PLLC. Zade completed his undergraduate degree at Western Kentucky University in 2008, when he began clerking at GMY Law. He earned his law degree in May 2011 from the Brandeis School of Law at the University
Michelle Reid has joined the Law Offices of Woods and Woods as an associate. Reid received her doctorate jurisprudence from the Nashville School of Law. She is a member of the Tennessee Association of Criminal Defense Lawyers, the Tennessee Bar Association and Tennessee Association for Justice. She will primarily assist clients of the firm in workers compensation, criminal defense, and family law matters. Allison Harding has joined the Law Offices of Woods and Woods as an associate. Harding received her doctorate jurisprudence from the Vanderbilt School of Law. While at Vanderbilt, she acted as student liaison for the Tennessee Bar Association as well as class representative to the Vanderbilt Bar Association. She earned her undergraduate degree from Princeton University in Princeton, New Jersey. She will primarily assist clients of the firm in employment and divorce matters. Joseph McKinney has joined Dickinson Wright. His practice includes civil litigation, commercial & business litigation, labor & employment litigation and minority business enterprises. McKinney is a member of the Tennessee Bar Association, Nashville Bar Association and the NaiperLooby Bar Association. He received his B.A. from Rhodes College and his J.D. from the University of Memphis. Hal "Wells" Johnson has joined Adams and Reese as an Associate. His experience spans three key areas, including health care law, governmental relations and environmental matters. Wells received his J.D. from Vanderbilt University Law School in May 2011, and earned his B.A. in English Literature, magna cum laude, from Belmont University in 2006. Bass, Berry & Sims attorneys Wally Dietz, Ross Booher and Taylor Phillips, and ACC International Legal Affairs Committee Vice Chair and CSCI general counsel Brett Coffee have authored a 44-page InfoPAK guide for in-house counsel and business leaders entitled, "Managing Foreign Subsidiaries." The InfoPAK concisely addresses a number of common legal and compliance issues that arise for companies engaged in international business or considering establishing a foreign subsidiary. It was published by The Association of Corporate Counsel (ACC) in cooperation with Lex Mundi.
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