Nashville Bar Journal |February 2013

Nashville Bar Journal

February 2013 - VOL 13, NO. 1

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The Nashville Supreme Court Building Turns 75

Andy D. Bennett .................................................................................................................................

The Next Generation of Being Green: LEED Certification

Ed Mahoney .................................................................................................................................

Book Review: The Suspect: A Memoir

Hillary Pate .................................................................................................................................

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A Monthly Publication of the Nashville Bar Association

Departments

Articles 6 The Nashville Supreme Court Building .......

Turns 75

2 4

Andy D. Bennett

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The Next Generation of Being Green: LEED Certification Ed Mahoney

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To Tax Or Not to Tax, That is the Question

CENTER SECTION

Prisoner mental health issues AS REGARDING Guardian ad litem

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“The Legacy: It’s Our Turn”

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Highlights from Waller's Annual Martin Luther King, Jr. .......

Tribute Program

Eleanor Wetzel

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Columns 12

Gadget of the Month: Our Favorite Cloud-Based File Sharing Sites

NBA 100% Club

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

Golden Oldie

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

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Communique • Mock Trial Competition • Liberty Bell Award Nominations • Norman Award Nominations • Sister Cities Visit to France • Upcoming Events

CONTINUING LEGAL EDUCATION

Hillary Pate

Tim Ishii

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From the President

Book Review:

The Suspect: A Memoir

Reviewed by Donald F. Paine

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The last Golden Oldie was not correctly identified.

One more chance.

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. ......................................................

NBA Calendar of Events February 12 - 11:30 AM LAW Meeting

February 22 o Race Judicata

March 6 - 12 PM Estate Planning Meeting

February 14 - 12 PM Real Estate Committee Meeting

February 28 - 12 PM NBF Trustees Meeting

March 7 - 12 PM Minority Opportunities Meeting

February 18 - 11:30 AM Probate Committee Meeting

March 1 & 2 Minority Job Fair @ Waller

March 19 - 12 PM Ethics Committee Meeting

February 19 - 12 PM Ethics Committee Meeting February 22-23 o Mock Trial Competition @ Metro Courthouse

March 1 o Law Day Luncheon @ Downtown Sheraton

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

Tom Sherrard, Publisher William T. Ramsey, Editor-in-Chief ramseywt@nealharwell.com

Eleanor Wetzel, Managing Editor

From the President The Rule of Law by:

Tom Sherrard

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 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

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Nashville Bar Journal - February 2013

“But the point of a gun was the only law that Liberty understood.

When the final showdown came at last, a law book was no good.”1 For much of the 19th century, lawlessness prevailed in many parts of the American west.

Books, movies, and television shows on this subject tell stories of efforts to impose the rule of law on a lawless society. Fortunately, as larger numbers of Americans moved west, the traditions of law and order that are imbedded in the American experience moved with them, and soon the “wild west” was won over by the rule of law.

As lawyers, of course, we are no strangers to the term “rule of law.” It served as part of our baptism as first year law students. We understand it as an essential component of our democratic system and our free markets. We view it as a fundamental reason why the United States has prospered as a nation. But what do we mean when we say that America is governed by the rule of law? I suggest that there is value in reminding ourselves of the meaning of that term.

Political philosophers have found that the imposition of the rule of law for any nation requires five key elements to be addressed.

The first of these five necessary components requires the government itself to be bound by, and respectful of, the laws that are on the books. Oppressive regimes, such as that of Robert Mugabe in Zimbabwe, or the tyrants of Myanmar, are examples of governments that have refused to follow the laws of the land. Acting in arbitrary and capricious ways, these governments take property without compensation, and imprison and kill citizens without due process. To its great good fortune, America has been blessed to draw from its rich English heritage where numerous documents, beginning with the Magna Carta, have established a tradition assuring that those who govern shall conform to the laws of the land.

Secondly, the rule of law requires equality before the law. That is, all citizens, regardless of wealth, political connections, gender, race, religion or other differences, must be governed and judged by the same laws that apply to all citizens. But there are many parts of the world where the laws of the land are not equally applied. For example, certain societies exist today where equality before the law basically excludes women.

A third element of the rule of law relates to the establishment and preservation of law and order. In places such as Somalia, Darfur, and the Congo, lawlessness prevails on a national scale. Closer to home, Mexico, under the thrall of drug lords, has seen a breakdown of law and order on a scale so vast that it has required thousands of military to join the police in seeking to impose law and order on many areas of the country, without significant success to date. In the United States organized crime and drug gangs pose a significant threat to the imposition of law and order wherever they flourish. A strong, efficient and ethical police force is certainly one key to preserving law and order.

It is likewise important to instill a profound respect for the rule of law in the hearts and minds of our citizens, and such an effort must begin with the very young.

Fourth, the rule of law demands that justice be predictably and effectively dispensed.

Application of laws in a consistent manner is necessary to allow citizens to plan their affairs with a sense of predictability and security. And part of this fourth component is the requirement that justice not be delayed. The notion that “justice delayed is justice denied” has become a fundamental part of American jurisprudence.

2013 NBA BOARD OF DIRECTORS

Finally, a government under the rule of law is a government that protects basic human rights. America has embraced the English notion, expounded by John Locke and other political philosophers, that all human beings are possessed of certain natural rights. This notion is espoused in both the Declaration of Independence and the Bill of Rights. Unfortunately the world abounds with examples (e.g., Nazi Germany and South Africa under apartheid) of governments that have deprived large population groups of their fundamental human rights.

So how might the foregoing discussion apply to all of us? I am sure we share the belief that, as individual lawyers and as a bar association, we must always be looking for opportunities to instill and encourage respect for the rule of law among our citizens, and especially in our children, and we must be mindful of our individual and collective responsibilities to see that all elements of the rule of law are consistently upheld, both in our community as well as in our nation. n

(Endnotes) 1

The Man Who Shot Liberty Valance, music and lyrics by Burt Bacharach and Hal David.

Thomas J. Sherrard, President Charles K. Grant, President-Elect Patricia Head Moskal, First Vice President John R. Tarpley, Second Vice President John D. Kitch, Immediate Past President Cornell Kennedy, Secretary Trace Blankenship, Treasurer Gareth Aden, General Counsel Robert E. Boston Dewey Branstetter Kay Caudle C. Dawn Deaner Michele M. Johnson Edward D. Lanquist, Jr. Hon. Randal S. Mashburn John C. McLemore Jeffrey Mobley Andrea P. Perry Matt Potempa Maria M. Salas Saul A. Solomon Jocelyn A. Stevenson Overton Thompson, III

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

ORDER YOUR 2013 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 2013 NBA Attorney Directory!

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NASHVILLE BAR ASSOCIATION

150 4th Avenue North, 10th Floor, Nashville, TN 37219 (615) 242-9272 Fax:(615) 255-3026 www.nashvillebar.org

Nashville Bar Journal - February 2013

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SPECIAL EVENTS

Mock Trial Competition - February 22-23 The Davidson County High School Mock Trial Competition will take place on Friday, February 22 and Saturday, February 23, 2013, at the Davidson County Historic Courthouse.

We will need volunteers for each of five rounds and will send out an official call for volunteers in January. Mark your calendar!

This year's scenario features Thor Brush, an investment broker who convinces friends and local businessmen to invest in his company U.R. Rich. While promising to invest in established securities, Brush instead spends the money on a lavish lifestyle. When news of the scheme becomes public, clients realize they have lost everything. Brush is indicted and is awaiting trial, when he suddenly dies when his car careens out of control and crashes. The town's premier auto mechanic, who had invested with Brush and had recently worked on the car, is arrested after police determine that the brake connections were deliberately loosened.

Prosecutors argue that the mechanic — upset about the financial loss — intentionally tampered with the car. The defense places the blame on Brush himself, who was not wearing a seatbelt, was texting, and had fatal levels of heart and migraine medication in his system at the time of the accident. What no one is talking about though is the town's pharmacist, who also invested with Brush and had just filled his prescriptions prior to the crash! As always, the case offers many opportunities for students to express their creativity, develop persuasive speaking skills and learn the basics of trial procedure.

Our volunteers are what make this event possible every year, and your time and support are greatly appreciated. We look forward to seeing as many of you as possible in February! Please contact Becca Barnett (rmb@iplawgroup.com) or Peter Robison (probison@dhpmlaw.com) for more information.

Nominees for Liberty Bell Awards Sought Nominations are being sought for the Liberty Bell Award that will be presented during the NBA’s annual Law Day Luncheon during Law Week.

This award is given to that person or group (not necessarily lawyers or law related groups) who has promoted better understanding of the rule of law, encouraged greater respect for law and the courts, stimulated a sense of civic responsibility, or contributed to good government.

Nominations for the Liberty Bell Award should be directed to Rachel Thomas at (615) 8625500 or rachelthomas@jis.nashville.org or Stephen Young at (615) 726-0900 or syoung@ rrylaw.com

Past LIBERTY BELL AWARD WINNERS: 1996 Nashville Banner 1997 Bradley MacLean Sabin R. Thompson N. Sue Van Sant Palmer Marlinda R. Bruno 1998 Adinah Robertson 1999 Tennessee Justice Center L.A.W. Early Truancy Program 2000 Senator Douglas Henry NBA Young Lawyers Division

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2001 Richard Dinkins Mary Walker

2006 Drake Holliday (posthumously)

2002 Wally Dietz

2007 Governor’s Books from Birth Foundation

2003 Andrea Conte 2004 John Seigenthaler Nashville Conflict Resolution Center 2005 Judge George Paine Renewal House

2008 Judge Walter Kurtz 2009 Ross Alderman (posthumously)

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COMMITTEE INFORMATION

Nominations Sought for Norman Award Nominations are now being sought for the Jack Norman Award that will be presented during the Nashville Bar Association’s Law Day Luncheon during Law Week.

The Award is given to a criminal law practitioner, including defense attorneys and judges of courts with criminal jurisdiction, who practice before or serve as judges of courts exercising criminal jurisdiction located in the Metropolitan Nashville area. The award may be given posthumously.

The Norman Award must be given to an attorney whose primary practice is in or service pertains to criminal law, demonstrates respect for the rights of all individuals in the criminal justice system, exhibits the trial advocacy skills or judicial skills necessary to the pursuit of justice, demonstrates an abiding respect for the law and legal profession, maintains highest standards of professional integrity and ethical conduct, contributes to the improvement of the legal profession and criminal justice system, including but not limited to the provision of uncompensated or undercompensated representation of the accused.

Nominations for the Norman Award should be directed to Ross Pepper. He may be reached at (615) 256-4838, or rpepper@ pepperbrotherslaw.com.

Past NORMAN AWARD WINNERS: 1996 Jack Norman Sr., (posthumously) 1997 not presented 1998 Judge Tom Shriver 1999 Seth Walker John Hooker Sr.

2005 Judge Randall Wyatt 2006 Hall Hardin 2007 not presented 1996 Charlie Ray (posthumously)

2000 James F. Neal

2009 Ross Alderman (posthumously)

2001 Joe P. Binkley Sr.

2010 Ed Yarbrough

2002 not presented

2011 Richard McGee

2010 Joe Johnston

2003 not presented

2012 Victoria Webb

2004 William M. Leech, Jr.

2012 Peter Strianse

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NBA NEWS

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COMMITTEE INFORMATION

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SPECIAL EVENTS

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NBA NEWS

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COMMITTEE INFORMATION

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NBA NEWS

Upcoming Event: Sister Cities Visit to France Plans are firming up for the Nashville Bar Association and Sister Cities of Nashville's biennial trip to Caen, France. The trip will take place the week of September 1, 2013. The trip has been a tradition since 1985 and any member of the Bar or Sister Cities is welcome to participate. Non-members may join either or both organizations and participate!

Activities will likely begin in Paris on Tuesday, September 3, although participants are encouraged to arrive at least a day or two early to get over jet lag and enjoy Paris. We will complete our first day together in France with our regular gala dinner before heading out to Caen the next day by car or train.

In Caen, we will meet with our colleagues from the Caen Bar and Sister Cities organization. The French have traditionally housed us with families at no cost, although nice hotels are available for those who prefer at very reasonable rates.

This year we have a special treat with the French hosting us at the Deauville American Film Festival. http://www.festival-deauville.com/ Deauville is a wonderful beach resort, made famous by Proust’s “In Search of Lost Time.”

In the past, the French have made extraordinary efforts to host us. We have seen the D-Day landing beaches, the Bayeux Tapestry, the Chateau of William the Conqueror, world famous cheese factories and Calvados distilleries, and even Mont St. Michel. There will be a CLE seminar for the attorneys. The best part is meeting and spending time with new friends in Normandy! Fluency in French is not required since we provide translations of all activities but if you have studied the language in the past, do not miss the opportunity to brush up before you go.

Each participant will need to make his or her own arrangements to get to Europe. If you have not been recently, we are delighted to help with hotel, travel in Europe and other suggestions. In order to cover CLE costs and raise money to pay for the costs of hosting the French in 2014 when they pay us a return visit, we charge $350 for lawyers and $250 for non-lawyer adults with a lesser charge for children depending upon their age.

If you are interested in more information about the Caen trip please contact Mike Abelow (mabelow@sherrardroe.com) or Steve Cobb (s.a.cobb@comcast.net).

Upcoming Events: Mock Trial Competition February 22-23, 2013 Volunteers are what make this event possible every year, and your time and support are greatly appreciated. We look forward to seeing as many of you as possible in February!

Please contact Becca Barnett (rmb@iplawgroup.com) or Peter Robison (probison@ dhpmlaw.com) for more information. ..............................................................................

10th Annual Land Rover Race Judicata Saturday, February 23, 2013 Come out and support the event on at Percy Warner Park. The 5k will begin at 8:00 a.m, followed by the 10k starting at 9:00 a.m. .......................................................................

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1L Minority Job Fair Friday, March 1st - Reception Saturday, March 2nd Job Fair Interviews Hosted by Waller.

Sponsored by NBA Minority Opportunities Committee and Miller & Martin ..........................................................................

Law Day Luncheon May 1, 2013 Downtown Renaissance Hotel Speaker: Congressman Jim Cooper ..........................................................................

Nashville Bar Journal - February 2013

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Feature

The Nashville Supreme Court Building Turns 75 by:

Andy D. Bennett

The Tennessee Supreme Court Building in Nashville turned 75 on December 4, 2012. Most people, and certainly most lawyers, do not remember a time when the building wasn’t there. It rests beside the capitol and the archives, looking perfectly placed. Its existence, however, is a testament to the architects, the builder and the members of the building commission created by the legislature to oversee construction.

Several factors made the construction of the building possible.

First, the capitol building was overcrowded. The Supreme Court and the Court of Appeals met in the Supreme Court Chamber on the first floor of the capitol. Yet, the judges had no office space there. They worked in a nearby house. The clerk of the court, located next to the courtroom, had woefully inadequate room to store records. Records were stored in the attic of the capitol, an inconvenient, sooty, poorly ventilated space that suffered from extremes of temperature.

A second important factor in the creation of the building was the federal government’s willingness to assist state and local governments with funds to construct public buildings as part of an effort to provide employment in the construction industry during the depression.

A third factor that moved the project forward was the fortunate circumstance of who occupied the governor’s office and the position of chief justice of the Supreme Court. Governor Hill McAlister was an attorney, former state legislator and former state treasurer. His father, William K. McAlister, had served as a judge on the Tennessee Supreme Court from 1893 to 1910. When Hill McAlister was elected governor in 1932, he came into office at the depths of

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Nashville Bar Journal - February 2013

the depression amid budget deficits and bank failures.

He was a strong supporter of the New Deal and spent a great amount of time trying to attract federal money into the state.

The Chief Justice was Grafton Green. His grandfather, Nathan Green, served on the Tennessee Supreme Court from 1831 to 1852. Both his grandfather and his father taught at Cumberland Law School. Grafton Green graduated from that institution in 1893 and practiced law until his election to the Tennessee Supreme Court in 1910. He became the chief justice in 1923.

So, by the mid-1930s the capitol was over-crowded, there was a governor who understood the legal system and whose father had been a Supreme Court justice, the federal government was offering financial assistance to states for public works projects and the chief justice was widely respected, having been in office for over a dozen years.

Nashville architect Joseph Colley served as the catalyst for the project by approaching the Chief Justice and suggesting that the time was ripe to build a building for the appellate courts because of the availability of federal money. Chief Justice Green took the idea to Governor McAlister, who agreed to include the project in his call for the upcoming special session of the legislature. The legislature passed an act authorizing the expenditure of funds for a new building and creating a commission to oversee the process consisting of Governor McAlister, Chief Justice Green, and Attorney General Beeler.1

You can take a virtual tour of the Supreme Court Building at the Administrative Office of the Court’s website: http://www.tncourts.gov/courts/appellate-court-clerks-office/court-tour.

The Commission authorized Colley to file an application on the state’s behalf for enough federal funds to pay for 40% of the project. The application was rejected and the state officials thought the project was dead. Another Nashville architect, Joseph Holman, asked the Commission for permission to file an application for 30% of the cost. The Commission allowed him to file the application, which was granted.

The Commission soon chose Joseph Holman’s firm, Marr and Holman, as the architects for the project and Rock City Construction Company as the builders.

The Commission chose the site favored

by Governor McAlister at the corner of Seventh Avenue North and Cedar (now Charlotte) for the location of the building. The State already owned the property.

Demolition of the two homes, which were being used for state office space, began in April, and by June the lot was cleared and work on the foundation had begun. The concrete and steel frame of the building was in place by November. Soon the contractors began to place stone on the exterior of the building and to construct the interior ductwork and pipes. By May 1937, the exterior stonework was completed, the windows were installed and work on the interior was well under way. That same month, the Commission awarded Marshall and Bruce Company the contract for furniture, Meyers Manufacturing the contract for storage and library shelving, and Building Specialties Company the contract for window blinds. July saw the completion of the front plaza. Some delays occurred due to delays in the delivery of granite for the retaining wall, some building equipment and woodwork.2 Although some work remained, the judges had already moved in, and the building was dedicated December 4, 1937. At the dedication, Governor Gordon Browning represented the executive branch of government, Congressman Richard Atkinson

of Nashville represented the legislative branch, Chief Justice Grafton Green represented the Supreme Court, Judge Arthur Crownover represented the Court of Appeals and attorney Charles Burch spoke for the Tennessee Bar Association.

Visitors from that day to the present have been impressed with the building. The exterior is in the starved classicism style.

While the classical elements of form and symmetry are still there, the classical details are minimized. Columns are replaced with squared piers and ornamentation is simplified. Limestone and granite constitute the main exterior materials, along with bronze medallions and light standards.

The interior lobby is dominated by two features: a large bronze chandelier hangs in the center of the room directly above a six foot diameter and a bronze Supreme Court Seal embedded in the Tennessee marble floor. Items added to the lobby since 1937 include a marble bust of Chief Justice Grafton Green, a bust of Chief Justice Adolpho A. Birch, marble plaques honoring all Tennessee appellate judges and a portrait of former Chief Justice Frank F. Drowota.

The north end of the lobby leads to the courtroom, which is virtually unchanged since 1937. The carpet and drapes have been replaced with exact copies. The audience chairs are original but recovered. The portraits of John Catron, Nathan Green, William B. Turley, William B. Reese, and A. O. P. Nicholson still grace the walls in the same places they were hung 75 years ago. The Supreme Court Seal is hand-carved in a walnut panel behind the bench. The original eight Art Deco chandeliers still provide illumination for arguments and special events.

Across the lobby to the south are the library and the new museum. Old carpet

was removed from the lower level of the room, revealing the original tile floor. No structural changes were made to accommodate the museum. The library is not open to the public, but the museum is open weekdays 9 a.m. to noon and by appointment.

In 1987, a 50th Anniversary event took place in the Supreme Court Building.

Lucius E. Burch, Jr., nephew of Charles Burch, who spoke at the building’s dedication, was one of the speakers at the anniversary celebration. His speech praised the Supreme Court for its history of honesty, competence, and integrity. He expressed concern about judges running in contested elections, saying that they are “reluctant to beg for money, and uncomfortable about receiving donations from people whose causes they must decide.”3 The Seventy-fifth Anniversary events had their genesis over a year earlier, in the fall of 2011. A plan to surplus books from the library would result in empty space.

Michael Catalano, the Clerk of the Appellate Courts and Tennessee Supreme Court Historical Society Board member, had a discussion with Judge Andy Bennett of the Court of Appeals, who was also on the same board. The outgrowth of this and subsequent discussions was extensive research on the building and a proposal to place a museum about the court system in the vacated library space. On January 11, 2012, the Board of Directors of the Tennessee Supreme Court Historical Society voted to provide funds and raise additional funds for the project, with Catalano and Bennett overseeing the project. The building commission for the Nashville Supreme Court Building approved the project, as did the Tennessee Supreme Court. A consultant, Susan Knowles, was hired by the Historical Society in February and planning began in earnest.

Continued on Page 14 

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Feature

The Next Generation of Being Green: LEED Certification by:

Ed Mahoney

A few years back, a construction term rose in prominence within large metropolitan areas – LEED. The acronym stands for Leadership in Energy and Environmental Design. In the United States and throughout the world, LEED certification is recognized as a standard suite of rating systems for the design, construction, and operation of high performance green buildings, homes and neighborhoods. The rating system is developed and administered by the U.S. Green Building Council (USGBC) and administered by the Green Building Certification Institute (GBCI). Originally for commercial buildings, LEED is intended to promote design and construction practices that increase profitability while reducing a negative environmental impact.

There are multiple versions of LEED and within those versions, there are different rating systems covering different project and building types from master planning (LEED Neighborhood Development) to residential construction (LEED for Homes), commercial construction (LEED for New Construction), healthcare (LEED for Healthcare), retail (LEED for Retail), schools (LEED for Schools), tenant fit-out (LEED for Commercial Interiors) and even on-going building operations (LEED Existing Buildings: Operations and Maintenance). As LEED moves into the next generation and continues to move away from prescriptive requirements towards performance-based requirements, it is also adding specific subsets of requirements for specific building types such as data centers, warehouses, and hotels.

The LEED rating systems offer four certification levels for construction: Certified, Silver, Gold and Platinum.

These levels correspond to the number of credits accrued in five green design categories: sustainable sites, water ef8

Nashville Bar Journal - February 2013

ficiency, energy and atmosphere, materials and resources, and indoor environmental quality. Compiled by a USA Today analysis, the following breakdown of 13,296 LEED buildings is divided by certification level: 2,801 Certified, 4,534 Silver, 5,227 Gold, and 734 Platinum. USGBC states there are approximately 136 LEED-certified buildings located in Tennessee.

According to the USA Today article written by Thomas Frank, USGBC has become an influential force in building design by helping persuade public officials and private builders to follow its LEED rating system. While it has made huge strides over the past 15 years expanding to cover other building types, it was never written in a code enforceable language. Nearly 200 states, cities, and federal agencies now require LEED certification for new public buildings. Government officials across the country have encouraged businesses to attain LEED certification by issuing financial and structural incentives. Many developers view these incentives as rewards for choosing to design, construct, and operate a sustainable building. 1 In 2008, the Metropolitan Government of Nashville and Davidson County enacted green permit and zoning incentives to encourage building sustainable buildings. The City’s voluntary green certificate program offers density bonus incentives in designated neighborhoods and has mandatory requirements for municipal buildings. Density bonuses provide municipalities the opportunity to attach incentives to specific local public policies. Various municipalities allow a percentage increase in Floor Area Ratio (FAR) or other measures of density dependent on obtaining certification or proof of building green. Height bonuses are also available for municipalities with height restrictions.

According to the U.S. Department of Energy, in order to receive a green certificate of occupancy in Nashville based on LEED v2.2, “commercial buildings must earn LEED Certified specifically requiring WEc3.1 (20% water use reduction); residential buildings must submit proof of LEED or EarthCraft Homes certification.

In the downtown area, development in the Central Business District is eligible to increase the FAR cap from 15 to 17 if the project achieves LEED Silver. Projects in this district benefit from a FAR of 19 if the project achieves LEED Gold. In the South of Broadway (SoBro) neighborhoods, developments are eligible to increase the FAR cap from 5 to 7 if the project achieves LEED Silver. Projects in these neighborhoods benefit from a FAR cap of 9 if LEED Gold is achieved. All public and publicly-funded building projects of 5,000 feet or greater (or exceeding two million dollars in project costs) must be designed and built to LEED Silver certification of the most appropriate LEED Rating System.”2 The Baker Donelson Center, Barge Waggoner’s Nashville office, became the city’s first multi-tenant existing building to be certified LEED. The building’s other primary tenants are Baker, Donelson, Bearman, Caldwell & Berkowitz and the Nashville Area Chamber of Commerce.

The LEED program’s Existing Building: Operations and Maintenance (LEEDEB: O&M) designation encourages the global adoption of sustainable practices in existing buildings and measure operations, improvements and maintenance with the goal of maximizing efficiency and minimizing an environmental impact. The more common LEED for New Construction (LEED-NC) certification focuses on the construction and design of a new sustainable building. LEED-EB: O&M uses tools and metrics to promote energy and water, efficiency, sustainable site utilization and other factors that help promote interior environmental quality. Jo Anne Corbitt,

Director of Property Management for then owner Mathews Company, provides steps that both building management and tenants followed to earn the certification: • A ramped-up recycling program that includes not only white paper, but also fluorescent tubes, construction materials, cardboard, aluminum and plastic containers • A policy for all new construction that required all contractors to follow the LEED-outlined materials qualifications • An enhanced boiler maintenance program to maximize operating efficiency • An evaluation of all of the electrical service in the building to ensure efficiency • A review and analysis of cleaning products and equipment for LEED standards, which required some minor alterations3 Unlike the new construction designation, LEED-EB: O&M is the only certification with an expiration date and measures a building’s ongoing performance. Recertification occurs on a one-to-five year basis, emphasizing the significant difference that LEED-EB: O&M certified buildings are continually managed and operated.

Importantly, all tenants must be involved and participate in this process in order for the building to become fully green.

Barge Waggoner is a member of USGBC. So even though Barge Waggoner’s corporate office is LEED-EB: O&M, the firm incorporates the rating system into dozens of projects across the country. Our goal of sustainable design in architecture and engineering is to design sites, buildings, landscapes, and spaces with minimal environmental impact, reduced usage of non-renewable resources, and an emphasis on connection with the natural environment, while helping our clients maintain financial sustainability. Barge Waggoner believes the LEED rating system is more

than a trend, it is the new progressive responsible design standard. Barge Waggoner’s response to this standard is encouraging employees to become accredited by the leading national organizations, and by incorporating sustainable design practices into a growing number of our projects.

The following sustainable design features are considered for our projects: • Waste reduction • Elimination of toxic and harmful substances • Development of healthy, safe and productive work environments • Maximized site selection that minimizes impacts to natural resources.

• Reduced stormwater run-off and encourage groundwater recharge • Reduced energy consumption Barge Waggoner worked with Alstom Power, a global leader in the world of power generation, on redevelopment of its 40acre industrial site in Chattanooga, Tennessee. Specific design services included civil engineering, landscape architecture, architectural and electrical engineering services for the site. The redevelopment included a 131,000-gallon underground storage system and storm water drainage with an irrigation water reuse system.

The project sought LEED certification, so the plan used several sustainable design elements to achieve it, including native drought-tolerant plant material to reduce irrigation needs, a grey-water irrigation system that used stormwater runoff captured from the parking lots, bioswales to filter and reduce stormwater runoff, shades trees over parking lots to reduce the heat island effect, earthen berms to reduce the amount of material hauled offsite, and energy-efficient solar lighting. LEED certification contributes up to 60% reduction in water quality fees for the City of Chattanooga.

Continued on Page 13 

Nashville Bar Journal - February 2013

9

Feature

To Tax or Not to Tax, that is the Question by:

Hillary Pate

As the popularity of “floating homes” continues to rise across the country, so does the demand for these non-traditional dwellings in Tennessee. You may have seen them at one time or another, floating on the lake, stationed on the riverbank, or connected to a dock. In recent months these floating homes have become quite controversial amongst owners and local property tax authorities.

Whether they are classified as a house or as a boat has become a primary discussion. On January 15, 2013, the Supreme Court held in Lozman v. City of Riviera Beach, Florida, 133 S.Ct. 735, — U.S. — (2013)., that a “reasonable observer” test could be applied to determine whether a given structure should be classified as a boat or a house. They further held that floating homes that are not designed to travel and transport things or people across the water should not be classified as boats and thus do not fall within the scope of federal admiralty law.

In Tennessee, under current law, floating homes are currently classified for tax assessment purposes as real property. Of course, this isn’t the case for ALL floating homes. They are only considered real property under the following limited set of factors found at Tennessee Code Annotated § 67-5-501(9)(A)(iv), “...boat houses… that are attached to real property by anchors, cables, wires, ramps, pillars, poles, foundation, or connected with any one (1) utility service, such as electricity, natural gas, water or telephone;…”

The statute also specifies that “boats temporarily connected with any utility service, or floating dry-dock equipment or boat lifts” are not included as real property under this same section. The language of the statute, which defines real property, treats all other floating homes, not fitting into this limited category, as tangible personal property and effectively eliminates property tax liability for non-commercial owners.

These statutory definitions create the possibility for a couple of unintended consequences. First, those using the floating homes as their primary residence may not fall under the limited set of factors defined for real property under Tenn. Code Ann. § 67-510

Nashville Bar Journal - February 2013

501(9)(A)(iv), and therefore they escape property tax liability.

Second, someone who has a primary residence affixed to land, merely using a floating home as a boat on the weekends, may be subject to real property taxes pursuant to the same statute.

As you can imagine, not only does this statute present a problem for owners of said floating homes, but also to County Assessors of Property who are elected to assess property fairly and aim to do so, and to attorney’s who work in the area of property tax law who are hired to appeal these assessments, and/or come into contact them for other various reasons (real estate transactions, etc.).

One solution would be to improve the definition of real property as it pertains to floating homes/houseboats, as defined under Tenn. Code Ann. § 67-5-501(9)(A)(iv). If they are using a floating home primarily as a residence, tax it. If they are using it as a recreational vehicle, then it should become subject to personal property tax (no liability for individuals). This is simple, uniform, and easy for everyone involved to understand.

Another solution would be to adopt the “reasonable observer” test as the Supreme court did in Lozman. The “reasonable observer test” gives a bright line rule for classification issues.

If it doesn’t move, merely floats, it’s a house, and therefore for tax purposes it would be considered real property. If it transports things and people across the water, than it is a boat, and thus classified as personal property. This provides a simple and uniform approach.

Whether either of the above approaches are considered, one thing is for sure, floating homes are here to stay. To tax or not to tax…that is the ultimate question. n Hillary Pate is a graduate of Nashville School of Law. She has worked in both state and local government in Tennessee, and at a National think tank in D.C. Hillary can be reached at hillpate@gmail.com.

Nashville Bar Journal - February 2013

11

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Our Favorite Cloud-Based File Sharing Sites

It’s a fact that cloud-based storage services are booming. Gradually more and more of our digital lives is migrating to some big storage bin in the cloud. The reason for the mass migration is convenience. Having instant access to photos, notes, important documents, etc. on any electronic device that we might be using anywhere in the world is a strong incentive for using cloud storage. So we are big cloud storage enthusiasts with a caveat: we like to keep our most sensitive documents on computers that we own and control. But for many of our daily digital documents, saving them to a cloud storage site has become routine and easy. Here are some of the top cloud storage providers that we have tested and continue to use: Box (www.box.com): Box is one of the first cloud storage services that we ever used. They offer a free personal account with 5GB of storage. You can purchase plans with more storage space for a monthly fee, starting at $9.99/month for 25GB. The Box service is scalable from just an individual account up to an enterpriselevel account with multiple users. We like Box because of its simplicity and ease of use. The mobile Box apps work great and allow you to download files for local storage on your mobile device for access when there is no internet connection. One particularly useful feature with Box is the ability to upload large files (up to 1GB for a paid account) directly from your web browser (no need to install any additional software).

DropBox (www.dropbox.com): Very similar to Box, DropBox offers tiered plans beginning with a free personal account offering 2GB of space and scaling up to business-centric plans. Like the other file sharing sites, when you upload a file to DropBox from any device, within a short period of time that file is available across any internet-connected device when you log in to your DropBox account. Reading the fine print on the backend security for files sitting in our cloud storage accounts, we like the security measures taken by Box better than those employed by DropBox. Nonetheless, DropBox also is incredibly easy to use and has performed well in our tests.

SkyDrive (www.skydrive.com): Microsoft’s solution for the cloud storage market is SkyDrive. It trumps the other storage options in terms of offering the most storage space for a free account, 7GB. Like the others, you can purchase additional storage options for a monthly fee. We were lucky enough to be an early user of SkyDrive and took advantage of an introductory offer from Microsoft of 25GB of free storage with our account. What we really like about SkyDrive (other than the 25GB of free space) is its tight integration with Microsoft Windows and Office (no surprise here). Storing documents to your SkyDrive account is as easy as saving a file to your local My Documents folder. Browsing through your SkyDrive files on a Windows device is just like browsing your My Documents folder or a mapped drive on your network. It is incredibly easy to use. Obviously, Microsoft has a flashy new app designed for Windows 8 which makes accessing SkyDrive on a Windows 8 device even more intuitive. We were slow to begin using SkyDrive as it lagged the other major storage providers in introducing cool usability features. However, as SkyDrive has come into its own with the release of Windows 8 and the imminent release of Office 2013, it is becoming one of our favorite options.

Google Drive (GDrive) (www.googledrive.com): Of course, you know if there is a popular demand for an internet-based service then Google is going to have a solution. Cloud Storage is no exception for Google; and its Google Drive is just an extension of its already popular Google Apps alternative to Microsoft Office. Like the others, Google offers a free account with 5GB of storage and you can pay for more. For those who are heavy users of Gmail and Google Apps, Google Drive is a natural choice because of the obvious tight integration between the services. In our experience, using Google Drive outside of the Google universe of applications is a bit more cumbersome than the storage services. It’s not that Google Drive is bad, but, we just like the user interfaces better on some of the other applications, e.g. Box and SkyDrive.

Continued on Page 17 

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LEED Certification ďƒ›Continued from page 9

Barge Waggoner is committed to sustainable design and environmentally conscious materials, right down to the grass underfoot. The firm has led the way in design specification of Prestige™ Buffalograss in the Southeast on large industrial projects, and the Alstom project marked the largest use in the region. USGBC awards LEED points for use of this variety of grass due to its low-maintenance requirements and drought tolerance.

What does LEED mean for the general practitioner? Attorneys can be accredited as well. LEED Green Associate and LEED AP (Accredited Professional) are accreditations given by the GBCI through an exam. The accreditation affirms an advanced knowledge in sustainable building practices as well as specific LEED rating system. LEED Green Associates demonstrate a general knowledge of sustainable practices, concepts and LEED rating systems. LEED APs have passed not only the LEED Green Associate exam, but have demonstrated detailed knowledge of a specific LEED rating system through additional testing. All accredited LEED AP

individuals are required to maintain their credentials through continuing education.

These certified attorneys have the ability to advise clients of green strategies and tax incentives associated with both construction and real estate industries. LEED AP attorneys can spend a year studying sustainable practices before tackling the exam. n Ed Mahoney is Vice President and Industrial and Building Services Unit Director at Barge, Waggoner, Sumner and Cannon Inc. He has 33 years of experience in engineering, construction, and management.

His background includes work for design firms, construction companies, equipment suppliers, and manufacturing organizations. Currently, Mahoney manages 20 LEED accredited professionals.

(Endnotes) Thomas Frank, In U.S. building industry, is it too easy to be green?, USA Today, Oct. 24, 2012, available at http://www.usatoday.com/story/news/ nation/2012/10/24/green-building-leed-certification/1650517/.

1

U.S. Department of Energy, Green Permit and Zoning Incentives (Nashville, TN 2008), http://www.energycodes.gov/resource-center/policy/green-permit-andzoning-incentives-nashville-tn-2008.

2

Johanna Burkett, Baker Donelson Center Tennessee's First Multi-Tenant Building To Receive LEED Existing Building Certification (Jan. 7, 2011), http://www.bakerdonelson.com/baker-donelson-center-tennesseesfirst-multi-tenant-building-to-receive-leed-existingbuilding-certification-01-07-2011/.

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The Nashville Supreme Court Building Turns 75 Continued from page 7

During this period, Catalano and Bennett were scouring the Tennessee Library and Archives and the State Museum for items that could be displayed. On a visit to the Archives, mention was made of the Tennessee Constitution and one of the archivists noted that all three of Tennessee’s constitutions were housed in the archives. These documents had never been displayed together. A request to display the constitutions in conjunction with the 75th Anniversary events was made to State Librarian and Archivist Charles Sherrill and Assistant State Archivist Dr. Wayne Moore, who graciously agreed to allow their exhibition.

A special preview for the Tennessee Supreme Court Historical Society, who paid all the costs for construction of the museum, was held on December 4, 2012, and the grand opening of the Tennessee Judiciary Museum occurred on December 5, 2012. Officials from every branch of the government attended. Michael Catalano presided over the event. Chief Justice Gary Wade gave a short talk about one of the Supreme Court’s best known members, Andrew Jackson. The theme of his speech was that Jackson would not have accomplished all the things he did had he not become a lawyer. Finally, Judge Bennett gave a presentation of the history of the building, illustrated by many construction photographs provided by Rock City Construction Company. Phase 1 of the museum was then opened. It included a display of portions of Tennessee’s three constitutions. After a week, the original constitutions were returned to the archives and digital copies took their place on display. Other museum exhibits included a display about the building’s history, including a reconstruction of Chief Justice Grafton Green’s office as it would have looked in 1937; an exhibit on the Scope’s case; an exhibit of items found in old Supreme Court records; and, an electronic display containing information about the courts and the exhibits.

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The museum is still a work in progress.

Phase 2 is still in development. Several yet-to-be-used alcoves in the museum will be devoted to displays and artifacts concerning the Supreme Court, Court of Appeals, Court of Criminal Appeals, and trial courts. The exhibit on the Scopes case will be replaced with another exhibit regarding an important case or event.

The Tennessee Judiciary Museum is open to the public to enjoy and experience. It is hoped that the museum will become a stop for not only casual visitors, but for school groups, leadership organizations, and others who want to learn about the rich history of the Tennessee judiciary. n

Scopes Case Exhibit

(Endnotes) 1 1935 Public Acts, Chapter 35.

This timeline is created based on photographs supplied to the author

by Rock City Construction Company.

2

Speech by Lucius E. Burch, Jr., 738-43 Tenn. Decisions (14 Cody), XLVIII (1988).

3

Display with items found in old Supreme Court records, such as an x-ray, letters from William Blount representing Andrew Jackson about a land sale, a sponge left in a patient's body, and pictures used to prove relationship for inheritance purposes.

Display case containing portions of the 1796 Constitution (the smaller pages on the right) and the first page of the 1835 Constitution (large page on the left)

Book Review The Suspect: A Memoir

By John Hollins Sr. and Jeffrey Womack Eveready Press, 2012 ISBN-13 9780985836504 Reviewed by Donald F. Paine I reviewed a book about the 1975 Marcia Trimble murder, A Season of Darkness, in the December 2011/January 2012 issue of the Nashville Bar Journal. Here is another book about that crime, co-authored by an innocent suspect and his lawyer.

Marcia (age 9) was delivering Girl Scout cookies near her home on Copeland Drive. Jeffrey Womack (age 15) also lived on Copeland. Largely because he was a smart aleck, he quickly became a suspect. No matter that he passed multiple lie detector tests, the police wanted Jeffrey convicted and punished.

DNA finally saved the day. In 2007, CODIS found a match between two 1975 victims, Marcia Trimble and Vanderbilt student Sarah Des Prez, with serial killer Jerome Sidney Barrett.

An interesting feature of this book is the format, alternating between recollections of Womack and Hollins. Other recollections are interspersed, including those of Ed Yarbrough.

Judge Steve Dozier tried both the Des Prez case and the Trimble case. In the former the defendant got life in prison for first degree murder, recently affirmed on appeal. State v. Barrett, 37 TAM 39-21 (Tenn. Crim. App., Tipton, July 18, 2012). In the latter he got 44 years for second degree murder by strangulation, to run consecutively to the life sentence.

Again there was affirmance on appeal. State v. Barrett, 37 TAM 38-16 (Tenn. Crim. App., Tipton, July 13, 2012).

I highly recommend this book. Although disturbing to read, the contents give us some consolation—that justice may eventually prevail even after three decades. n Donald F. Paine is Of Counsel to the Knoxville firm of Paine, Tarwater, and Bickers LLP.

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Feature

Prisoner mental health issues AS REGARDING Guardian ad litem by:

Tim Ishii

One of the civic duties Davidson County attorneys have is the opportunity to volunteer as a guardian ad litem in probate court. Judge Kennedy's office maintains a constantly updated list of attorneys who have expressed interest in serving as guardian ad litem for the court. Though not all cases are pro bono, assignment of cases is infrequent and one cannot maintain a practice on such assignments; however, each case is rewarding in the experience gained.

GUARDIAN AD LITEM Under Tenn. Code Ann. § 34–1–107, a court exercising probate jurisdiction must appoint a guardian ad litem to investigate when a petition for appointment of a conservatorship has been filed. The appointment of a guardian ad litem is mandatory unless the person under investigation (hereinafter Respondent) is represented by counsel. Tenn. Code Ann. § 34–1–107(a) (1). As guardian ad litem, one has extraordinary powers, the power to access the respondent’s records in any financial institution and the power to interview any physician, psychologist, or “any other healthcare provider” in order to determine their mental or physical condition. Tenn. Code Ann. § 34–1–107(e). It is important to note that anyone having knowledge of a situation necessitating appointment of a conservatorship may file such a petition.

Tenn. Code Ann. § 34-13-102. prIsONER mental health issues One of those occasions where a nonfamily member files a petition for a conservatorship arises when the Tennessee Department of Corrections is requesting to be appointed as guardian over one of its inmates. Primarily this occurs when a prisoner under medical care within the prison system is refusing to take his psychotropic medication. Judge Kennedy almost uniformly appoints guardian ad litem to investigate the medical chart and to interview the prisoner. Thereafter, the guardian ad litem is required to submit a written report to the court of the guardian's findings and recommendations at least three days before the hearing.

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The interview with the prisoner is an eyeopening experience. The practice of law in reality rarely mirrors the fictional accounts; however, this is one of those instances in which one’s sense of reality is tested. The guardian ad litem must interview the patient in the prison hospital ward. This means a trip to Riverbend Maximum Security Institution.

THE GUARDIAN AD LITEM PROCEDURE After introductory phone call to the prison liaison, forwarding the court's order, and setting the appointment to come interview the respondent, one makes the journey to the maximum security prison. After being searched, one proceeds through the open prison yard (sometimes unescorted) to the prison hospital which, is in itself of course, a prison. One proceeds upstairs of the multilevel prison hospital ward and proceeds to interview the respondent.

The guardian must interview the respondent prisoner long enough to determine if the respondent is competent enough to make medical decisions. Additionally, the guardian has a statutory duty to;

“. . .explain in language understandable to the respondent the: (i) Substance of the petition; (ii) Nature of the proceedings; (iii) Respondent's right to protest the petition; (iv) Identity of the proposed fiduciary; and (v) Respondent's rights as set forth in § 34–3– 106;” Tenn. Code Ann. § 34–1–107.

This interaction is with a respondent who is in prison and has lost most of his civil rights. Your job as guardian is to determine whether not this person may retain his conscious mind. There can be few more poignant instances of an attorney performing their legal duty to the court, the respondent, and society.

Once the guardian has completed the interview it is their duty to complete their report and send it to the Court at least three days before the hearing. Tenn.

Code Ann. § 34–1–107(f ). The guardian’s report must specify whether the respondent (1) wants to contest the entire proceeding, (2) wants to contest the need for a fiduciary, (3) whether you as guardian ad litem opine that a fiduciary should be appointed, and if so, indicate opposing counsel or if none, request appointment of an attorney ad litem, (4) whether a fiduciary should be appointed, and if so, whether it should be the proposed fiduciary or another individual, (5) whether the proposed management plan should be adopted or suggest changes, and (6) whether the respondent will attend the hearing, and if not, explaining why it is not in his best interest. Id. Once the Probate Court has entered an order disposing of the petition the guardian ad litem duties end unless otherwise ordered. Judge Kennedy does not require the guardian ad litem to attend the hearing, but if the issue is complex it is a good practice. n

Gadget: Our Favorite Cloud-Based File Sharing Sites Continued from page 12

PogoPlug (www.pogoplug.com): In the classic game of “Which One Does Not Belong Here”, you might be tempted to point out that PogoPlug is not synonymous with cloud storage services and does not belong in a comparison review of the players in the market. You would be wrong. What is different here is that PogoPlug is a device, not a service. What PogoPlug offers is the opportunity for the user to build his/her own private cloud. With the PogoPlug device (starting at $49.99), you can attach your own USB hard drive(s) (size unlimited), plug into an internet connection anywhere in the world, and have access to an incredibly large, secure cloud storage space for no monthly fee.

Just like with the other cloud storage services, you can upload and access files directly to/from your PogoPlug device via most any computing device connected to the internet. While your stored documents sit securely on your own hard drive (located at your office, home, or other secure location), you can optionally purchase an archiving service from PogoPlug that will automatically synch those files to a true cloud-based backup storage.

Thus, with the PogoPlug device and archiving service, you have redundancy built-in for your documents in the cloud. We are huge fans of PogoPlug, particularly for more sensitive documents that you may want to share with colleagues but are wary of adequate security from the leading cloud storage providers.

So, these are the leading cloud storage options that we have tested and continue to use. Like any good techie, we can’t limit ourselves to just one technology platform. We use each of these services for various purposes, and enjoy having a large bundle of free storage space available to us in the cloud.

See you next month, —Bill & Phil

Timothy Ishii practices in the firm of Cynthia J. Bohn and Associates concentrating in appellate practice and probate matters.

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Feature

“The Legacy: It’s Our Turn” by:

Eleanor Wetzel

I came to Nashville not to bring inspiration but to gain inspiration from the great movement that has taken place in this community.

These words spoken by Dr. Martin Luther King, Jr. during his Fisk University address provided the theme for Waller’s annual tribute luncheon honoring Dr. King’s life and leadership. The legacy of the Freedom Riders and “The Nashville Movement” is well known. Thus, panel moderator John Seigenthaler focused on lesser known, personal experiences of three Nashville Movement leaders who reunited for the tribute: Diane Nash (the chairperson of the Nashville counter lunch sit-ins and coordinator of the Freedom Ride from Birmingham to Jackson in May 1961), Ernest Rip Patton, Jr. (Nashville native and Tennessee State University student who served as “foot soldier” of the Movement and was incarcerated at Mississippi’s notorious Parchman Prison for his participation Freedom Rides), and Reverend James M. Lawson, Jr. (brought students together through his “Tuesday night workshops” on nonviolence philosophy and was described by Dr. King as "the leading theorist and strategist of nonviolence in the world.”).

Noting that Dr. King cited Nashville as the “best organized and most disciplined” initiative in the national movement, Seigenthaler inquired where Nash, Patton, and Lawson found their courage during a time of extreme racism and violence. They acknowledged that their strength came from working aside others in the Movement where they were taught to not only love their opponent but one another.

Lawson responded that courage comes from the soul, heart, and mind. Citing that “scripture is one of the great writings of the human race,” he explained that the Movement was rooted in the teachings of both Gandhi, who coined the term “nonviolence” in the 21st century, and Jesus. In making this statement, Lawson recognized that Christianity as often practiced does not align with scripture, and he has previously stated that “Much of Christianity in the United

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States has been more influenced by violence and sexism and racism and greed than by the teachings of Jesus.'' A Bible passage that distills the core of the Movement, according to Lawson, is Romans 12 verses 1-2 (“Therefore, I urge you, brothers and sisters, in view of God’s mercy, to offer your bodies as a living sacrifice, holy and pleasing to God—this is your true and proper worship. Do not conform to the pattern of this world, but be transformed by the renewing of your mind.”). Lawson found that the speeches of Dr. King renewed his mind.

Lawson further noted that without the development of the nonviolent direct action movement there would be no Martin Luther King, which he said is something that should not be forgotten; likewise, without the movement of the 18th century there would be no revolution of democracy or Thomas Jefferson. King had been elected to serve as president of the Montgomery bus boycott and through his leadership became the spokesperson and symbol of nonviolent struggle.

The Nashville Movement served as the model of nonviolent action. Lawson explained "Nonviolence had worked for the Montgomery bus boycott, but people were asking 'Can it work again?

What's the next stage?'" The lunch counter sit-ins confirmed that disciplined nonviolence was an effective tool for social change. Nash concurred that "Nashville was the reason that the whole Southern civil rights movement was nonviolent."

Over the Easter Weekend following the 1960 Nashville sit-ins, the Southern Christian Leadership Conference (SCLC) convened in Raleigh, NC. SCLC official Ella Baker had observed the leadership of students in The Nashville Movement. At the time of the Raleigh Conference Nashville was the only city that had successfully desegregated lunch counters, and it had done so through nonviolence. This led the SCLC to advocate boycotts and other forms of nonviolent protest, a controversial decision at the time, particularly since many community leaders believed that segregation should be challenged through the courts due to the belief that direct action, even in a passive form, excited resistance, hostility, and violence.

But, how did it happen that our city was the forefront of the nonviolence movement or, in other words, “Why Nashville?”

Lawson attributed Nashville’s role to the city’s “zeitgeist” in 1958, with people like Jack Lewis, Alexander Looby, and Patton involved in civil rights. Lawson noted that he was in the process of moving from Ohio at that time and ultimately chose Nashville because of the offerings at the Divinity School at Vanderbilt. Patton stated it was a “god send” that major leaders in the movement ended up in Nashville, noting, for example, that John Lewis was from Troy, AL and had planned to go back there; likewise, James Bevel wanted to go to Alabama; Bernard LaFayette, Jr. had planned to go to Florida; and C.T. Vivian had lived in Peoria and planned to move to Chicago. It was a providential event that this group of individuals who had not previously known one another converged in Nashville for various personal reasons.

Seigenthaler highlighted that Nash, as a young woman in the Movement, played

a unique role since young women at the time were not in seen in leadership capacity, noting State-sponsored Jim Crow laws governing racism are as old as the laws governing sexism. Nash explained that she had been elected chairperson by the central committee. Her election by demonstrated the inclusive nature of the Nashville Movement whose purpose was two-fold: eradicate Jim Crow laws and dismantle the social constructs of racism, sexism, classism, and violence. Nash had not anticipated being a leader in the Movement, but the humiliating nature of segregation motivated her while Dr. King’s speeches gave her resolve and energy. As a personal friend of Dr. King, she found him endearing “because like everybody he was intimidated and scared and struggled with these problems and [he] overcame.”

It was Nash who publically approached Mayor Ben West at the City Hall plaza during the height of the sit-ins with the pivotal question, “Mister Mayor, is it morally right?” This simple question led the Mayor to publicly oppose segregation and led to a media frenzy. Within days of Nash’s 1960 confrontation on the courthouse steps, Nashville’s downtown lunch counters were no longer segregated. Incidentally, it was only one day after Nash’s exchange with Mayor West that Dr. King gave his address at Fisk stating that he had been inspired by the people of Nashville.

Patton was asked to address his experience during his incarceration at Parchman State Prison Farm, known as the “worst hell-hole in the American penal system.”

He described how they would be placed in pairs of two inside small 6’x8’ cells.

Unbeknownst to the inmates, the guards put stool softener into the food, and then would shut off plumbing in the cells in conjunction with turning on heaters on

hot summer days. To lift spirits under these conditions, the imprisoned Freedom Riders started the morning with a group song. While many did not previously know one another, they all were familiar with the words of church songs, which they would sing with just one to two words changes; for example, “I wake up this morning with my mind on Jesus” became “I wake up this morning with my mind on Freedom.” Emphasizing the power of song on the soul, Patton recounted an observation from the Nashville movie theater stand-ins where a Black woman from Birmingham was confronted by a White man who shoved his lit cigarette up to her face as he told her he planned to burn her flesh repeatedly. The woman looked directly at him and began Continued on Page 20 

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“The Legacy: It’s Our Turn” Continued from page 19

singing in her head “Ain't Gonna Let Nobody Turn Me 'Round." Recounting the words of the song gave her strength. She was ready to take the burns, but the man ended up backing down and walked away. The power soul through music was demonstrated when Patton led the entire audience through the three verses of “I wake up this morning with my mind on Freedom” accompanied by the MET Singers Honor Choir.

Nash closed the panel by pointing out how our world is in crisis with wars abroad and proliferation of domestic mass shootings that she attributed to “culture of violence in our country.” The Civil Rights Movement provides lessons useful to confront these and other injustices that continue to exist in present day. In the words of Reverend Lawson, “A lot of people feel that they are helpless, but the literature of nonviolence offers us over 200 weapons or methods for bringing about social and political change. These are basic actions that still hold.”

Through nonviolence, Reverend Martin Luther King, Jr. challenged the mindset of Western civilization. The courage shown by Dr. King as well as the student civil rights leaders is something Lawson described as innate in everyone: "We diminish our lives by being afraid to face crisis….We discover dimensions we never dreamed of when we are prepared to engage in the struggle of life, to face uncomfortable places, and find ways to move through them." n Eleanor (Ellie) Wetzel is licensed to practice in Tennessee and Indiana. Her career has been devoted to research, having served ten years as a judicial clerk for state and federal courts.

For the past three years, Waller has held an annual tribute luncheon to celebrate the life and legacy of Dr. Martin Luther King, Jr. This year’s “The Legacy: It’s Our Turn” tribute was held on January 13th with more than 300 individuals in attendance. At the luncheon, Mayor Karl Dean announced that a public art project honoring Nashville’s civil rights history will be installed near Fifth Avenue where the nonviolent lunch counter sit-ins occurred.

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The original Emancipation Proclamation will be on display at the Tennessee State Museum from February 12-18, 2013, in conjunction with the Discovering the Civil War, currently on loan from the Washington, D.C. National Archives through September 2013. A highlight from this exhibit is the original copy of the 13th Amendment to the United State Constitution.

Additionally, the traveling exhibit We Shall Not Be Moved: The 50th Anniversary of Tennessee’s Civil Rights Sit-ins continues through May 2014. More information available at http://www.tnmuseum.org.

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. Contact Vicki Shoulders at 615-2429272 or vicki.shoulders@nashvillebar.org if you have any questions.

Waller Lansden Dortch & Davis, LLP (144) Bradley Arant Boult Cummings LLP (98) Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (73) Stites & Harbison, PLLC (49) Butler, Snow, O'Mara, Stevens & Cannada, PLLC (37) Adams and Reese LLP (33) Bone McAllester Norton PLLC (32) Neal & Harwell, PLC (31) Sherrard & Roe, PLC (30) Harwell Howard Hyne Gabbert & Manner, P.C. (30) Dickinson Wright PLLC (28) Gullett, Sanford, Robinson & Martin, PLLC (27) Lewis, King, Krieg & Waldrop , P.C. (26) Frost Brown Todd LLC (22) Ortale, Kelley, Herbert & Crawford (19) Riley Warnock & Jacobson, PLC (18) Leitner, Williams, Dooley & Napolitan, PLLC (17) Cornelius & Collins, LLP (16) Walker, Tipps & Malone, PLC (15) Waddey & Patterson, P.C. (15) Brewer, Krause, Brooks, Chastain and Burrow, PLLC (15) Tune, Entrekin & White, P.C. (14) Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (14) Smith Cashion & Orr, PLC (13) Burr & Forman LLP (13) Branstetter, Stranch & Jennings, PLLC (13) Watkins & McNeilly, PLLC (11) Parker, Lawrence, Cantrell & Smith (11) Hughes & Coleman (11) DHPM, PC (11) Spicer Rudstrom, PLLC (10) Levine, Orr & Geracioti, PLLC (10) Hall, Booth, Smith, P.C. (10) Dollar General Corporation (10) White & Reasor, PLC (9) Schulman, LeRoy & Bennett, P.C. (9) Morgan & Akins, PLLC (9) Jones Hawkins & Farmer, PLC (8) Dodson Parker Behm & Capparella, P.C. (8) Lassiter, Tidwell & Davis, PLLC (7) Howard Mobley Hayes & Gontarek, PLLC (7) Farris Mathews Bobango, PLC (7) Evans, Jones & Reynolds, P.C. (7) Buffaloe & Associates, PLC (7) Nelson Mullins Riley & Scarborough (6) Leader, Bulso & Nolan, PLC (6) Keller, Turner, Ruth, Andrews, Ghanem & Heller, PLLC (6) Holton Blackstone & Mayberry, P.C. (6) Hollins, Raybin & Weissman, P.C. (6) American General Life and Accident Ins. Co. (6) Vanderbilt University Law School (5)

Trauger & Tuke (5) Taylor, Pigue, Marchetti & Blair PLLC (5) Shackelford, Zumwalt & Hayes, LLP (5) Rocky McElhaney Law Firm, PC (5) Prochaska Thompson Quinn & Ferraro, P.C. (5) Loeb & Loeb, LLP (5) Littler Mendelson, P.C. (5) Kinnard, Clayton & Beveridge (5) Haynes, Freeman & Bracey, PLC (5) Garfinkle, McLemore & Young, PLLC (5) Ernst & Young, LLP (5) Chaffin & Burnsed, PLLC (5) Barrett Johnston, LLC (5) Thrailkill, Harris, Wood & Boswell, PLC (4) Tennessee Justice Center (4) Rutherford & DeMarco (4) Rogers, Kamm & Shea (4) Mudter & Patterson (4) MTR Family Law, PLLC (4) Miller & Martin PLLC (4) Luna Law Group, PLLC (4) Lieff, Cabraser, Heimann & Bernstein (4) Law Offices of John Day, P.C. (4) Hale & Hale, PLC (4) Glasgow & Veazey (4) Dobbins, Venick, Kuhn & Byassee, PLLC (4) Cheatham, Palermo & Garrett (4) Barry Gammons, Attorney at Law (4) Weatherly, McNally & Dixon, PLC (3) Video Gaming Technologies, Inc. (3) Southland Title & Escrow Co., Inc. (3) Smythe & Huff (3) Puryear Law Group (3) Papa & Roberts, PLLC (3) Norris & Norris, PLC (3) Nashville Electric Service (3) Moseley & Moseley, Attorneys at Law (3) McKenzie Laird, PLLC (3) McKenzie Jackson, PLC (3) May & Ryan, PLC (3) Marlowe Law Offices, PLLC (3) Larry R. Williams, PLLC (3) Hix & Gray, PLC (3) Grissim & Hodges (3) Cheadle Law (3) Baker, Campbell & Parsons (3) McCarter & Beauchamp, PLLC (2) Hall & Sitler (2) Cameron Worley, P.C. (2) Affinion Benefits Group, LLC (2)

Nashville Bar Journal - February 2013

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Disclosure William Harbison, member at Sherrard & Roe, PLC, has been appointed to the Tennessee Board of Law Examiners by the Supreme Court of Tennessee. The Tennessee Board of Law Examiners governs the examination and admission of attorneys to practice in Tennessee. Harbison will serve a three-year term.

Harbison graduated cum laude from Harvard Law School. He received his bachelor’s degree with highest honors in English from the University of North Carolina at Chapel Hill.

Paul G. Summers, former Tennessee State Attorney and currently a partner at Waller, has been appointed by the Tennessee Supreme Court to a four-year term as a senior judge, effective January 1, 2013. Only four senior judges serve the state at any one time and must be former trial and appellate court judges that have reached retirement status.

They are assigned to any state court as needed on a temporary basis.

Katie Mathews Zipper has joined the law firm of Rogers, Kamm & Shea. She joins their family and probate law practice as an associate attorney. Zipper is a 2011 graduate of the University of Tennessee College of Law and previously clerked in the Third Circuit Court for Davidson County, Tennessee for former Judge Barbara Haynes.

Charles Michels recently joined the firm of Taylor, Pigue, Marchetti & Blair. His practice focuses on civil litigation and corporate representation. Charles graduated in 2012 from Vanderbilt University Law School and magna cum laude in 2009 from Illinois College with a double major in Finance and Economics. Prior to joining the firm, Charles worked with the General Counsel of Nissan North America, the General Counsel of the Tennessee Department of Health, and the Honorable K. Mark Loyd of the Johnson County Circuit Court.

Paul Ney, of counsel to the litigation team at Waddey & Patterson, P.C., has added “registered patent attorney” to his distinguished legal credentials after passing the patent bar examination. Ney is a 1980 graduate of Cornell University with an A.B. degree in Biology and a 1984 graduate of Vanderbilt University with both a J.D. degree and a M.B.A. degree.

He is admitted to practice by the Tennessee Bar, California Bar, U.S. 6th Circuit Court of Appeals, U.S. 5th Circuit Court of Appeals, the Federal Circuit Court of Appeals, and the U.S. Supreme Court.

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Nashville Bar Journal - February 2013

\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 Marlene Eskind Moses, founder of MTR Family Law, has been reelected Vice President of the International Academy of Matrimonial Lawyers (IAML). Moses graduated from Tulane University with a Bachelor of Arts degree and Masters of Social Work. Earlier this year, she received the 2012 Distinguished Alumnae Award from the Newcomb Alumnae Association of Tulane University. Moses received her law degree from the Nashville School of Law and has been honored with the Nashville School of Law Distinguished Alumni Award.

Jeffrey M. Beemer, a member of Dickinson Wright PLLC, was recently elected as a member of the International Association of Defense Counsel. He focuses his practice on the areas of labor and employment, commercial litigation, civil rights & governmental liability, and transportation litigation. He defends employers in federal and state employment agencies and counsels employers on dayto-day employment-related issues. Beemer received his B.A. from Indiana University and his J.D. from the University of Tennessee College of Law. Ashley Ladd has joined the firm of Larry R. Williams, PLLC as an associate. She received her Bachelor of Science degree in Political Science from Middle Tennessee State University in 2007 and received her J.D. from the Nashville School of Law in 2012. While she attended law school, Ladd gained four years of legal experience working as the firm’s law clerk. Her practice areas will include various aspects of family law in addition to personal injury litigation, workers’ compensation, wills, estates and probate, corporate debt collections, business litigation, contract and other document preparation and review.

Brendi E. Kaplan has joined Burr & Forman’s Banking and Real Estate practice group. Kaplan represents a broad range of business clients in all aspects of commercial transactions, real estate, finance, acquisitions, dispositions and general corporate matters.

She also represents clients in the area of public finance, serving as bond counsel, underwriters’ counsel, trustee’s counsel, and counsel to governmental entities. Kaplan earned her undergraduate degree from Bradley University, and her law degree from The John Marshall Law School in Chicago.

n

Jessica E. Lingo has joined Frost Brown Todd LLC. Lingo was a former summer associate with the firm in 2011 and will focus her practice in the labor and employment group. Lingo received her undergraduate degree in English at Emory University and she is a graduate of Northwestern University School of Law. W. Davidson (David) Broemel, a partner of Burr & Forman LLP, has been elected to the 2013 board of directors for the Tennessee Chamber of Commerce & Industry. Broemel’s term succeeds that of Burr & Forman partner Darlene Marsh, who served on the board for eight years.

Lisa Helton has been named a Members of Sherrard & Roe, PLC. Helton’s practice areas include estate and trust litigation, general and commercial litigation, landlord/ tenant law, appellate practice, federal tax litigation, and representation of homeowners associations. Helton received her J.D. magna cum laude, with a concentration in advocacy and dispute resolution, from the University of Tennessee College of Law, where she was Order of the Coif, president of UT Law Women and a member of the Tennessee Law Review. She graduated summa cum laude from the University of Tennessee, Knoxville, with a B.A. in the College Scholars Program, with an emphases in Psychology, Spanish, and Theatre.

Greg Pease has been named a Members of Sherrard & Roe, PLC. Pease practices in the areas of general business and health care law. His experience extends across a wide range of industries including health care, manufacturing, electronic payment processing, business services, distribution and publishing. Pease received his J.D. cum laude from the University of Memphis, where he was Editor-in-Chief of the University of Memphis Law Review and was one of two recipients of the Dean’s Distinguished Graduate Award for the Class of 2004. Prior to attending law school, Pease held management positions with Leggett & Platt, Inc., a Fortune 500 diversified manufacturing company. He earned an M.B.A. from the University of Texas at Dallas and a B.A. in political science from the University of Georgia.

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

Robert C. Bigelow has been elected as member at Dickinson Wright.

He previously clerked for the Honorable Juliet E. Griffin in the United States District Court for the Middle District of Tennessee, and his current practice focuses on the areas of labor & employment litigation, class action, commercial & business litigation, and music, sports & entertainment litigation. He received his B.S., with honors, from Vanderbilt University and his J.D. from Vanderbilt University Law School, where he was the Vanderbilt Bar Association Student Body President.

Darrell L. West has been elected as member at Dickinson Wright. He focuses his practice in the areas of commercial & business litigation, class actions, labor and employment litigation, real estate litigation, and appellate proceedings.. He received his B.S. from the University of Tennessee and his J.D. from the University of Tennessee College of Law. Nate Bailey has joined Waddey & Patterson, P.C. as its newest Associate. Bailey is a registered patent attorney. His practice areas with the firm will include all aspects of patent and other intellectual property litigation, including practice before both the Trademark and Patent Trial and Appeal Boards. He attended Southern Illinois University, Bailey obtained both a Doctor of Jurisprudence degree and a Master of Science, cum laude, in Electrical and Computer Engineering in 2007.

Edward Playfair has been elected to Partner at Adams and Reese LLP. Playfair joined Adams and Reese in 2009 in the firm's Nashville office and as a member of the Intellectual Property and Technology team. He has particular experience in the areas of domestic and international trademarks and brand protection, ecommerce, the entertainment and new media industries, and general commercial contracts.

As a citizen of the United Kingdom and Australia, and now permanently resident in the United States, Playfair brings an especially international perspective to advising clients on matters around the globe. Edward received his L.P.C. (2005) and his G.D.L. (2004) from the University of the West of England, he earned his M.A. from the University of St. Andrews in 1995.

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

December Volunteers: Helen Cornell Barry Gearon Cheyanne Kinghorn Tom Lawless Edgar Rothschild Joe Rusnak Katie Zipper 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.

Dickinson Wright PLLC, with offices in Michigan, Arizona, Nevada, Ohio, Tennessee, Washington, D.C., and Toronto, Ontario and Mariscal, Weeks, McIntyre & Friedlander, P.A., based in Phoenix, have combined their law practices. In Arizona the combined firm will operate under the name Dickinson Wright/Mariscal Weeks. The combination was effective January 1, 2013.

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC has earned its highest ranking yet on FORTUNE's 16th annual "100 Best Companies to Work For" list, coming in at 45th in its fourth consecutive year to be named to this prestigious listing.

Littler Mendelson, P.C. (Littler) has opened an office in downtown Nashville on the 14th floor of the AT&T building at 333 Commerce Street.

Welcome New NBA Members!

Cortney Harrison Bethmann Independence Trust Company Alandis K. Brassel

Charlotte B. English Law Office of Charlotte B. English Andrew E. Hill Pickrell Law Group Kelly Jean Hollowell Ph. D,J.D. Waller Lansden Dortch & Davis, LLP* Timothy D. Hughes Tennessee Alliance for Legal Services David King Medical Direct Club, LLC Hannah M. Lanford

Nathan C. Lybarger Hall & Sitler* Kelly E. McCarthy Waller Lansden Dortch & Davis, LLP* Patrick M. McCarthy

Charles Michels Taylor, Pigue, Marchetti & Blair PLLC* Austin Payne TDEC Kelly F. Poole Tennessee Environmental Council Jeremy A. Poynter John N. Rader Office of the Governor Mary C. Straight McMahan & Winstead Sarah Yusuf Tennessee Department of Health * Belongs to a 100% Club firm

Allison Cooley has joined the Nashville office of Legal Aid Society as a staff attorney. Cooley will represent victims of domestic violence in the 3rd and 4th Circuit Courts in Davidson County. Her work will focus on divorces, orders of protection, custody and criminal and/ or civil contempt petitions. Cooley graduated from the Charlotte School of Law in 2011, and has been admitted to the Tennessee and Georgia State Bar. Nashville Bar Journal - February 2013

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Classifieds

Office Space Brentwood Office share with two established attorneys Wireless, Fax, Phone, Copy, Cable, Storage, Free Parking, Space for your administrative assistant. Chapple Building 5115 Maryland Way - $ 1000 per month, plus incidentals and expenses negotiable. Fore more information contact: grant@gglassford.com or todd@roberttoddjacksonlaw.com.

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.

DOWNTOWN Law firm has office space to rent for two attorneys and assistants, if needed or option 2 attorney can sublease entire suit which will accommodate four to five attorneys and staff. Office is located in the Regions building downtown on the first floor with window view. Includes internet, all utilities, use of copy/fax/scanner, and postage machine. If interested, please e-mail rpnimmo@nimmolaw.com or contact Price Nimmo at 615-244-2244.

INGLEWOOD/NASHVILLE Office space available immediately on the second level of a converted historic house located approximately 10 minutes from the Courthouse. Approximately 200 square feet of carpeted space includes a window and all utilities, plus these shared amenities: receptionist, reception area, conference room(s), kitchen, bathrooms, ample accessible visitor parking, and telephone service. Internet, scanner, copiers, and fax are also available when needed. Lease this executive space for $750 per month at 4295 Gallatin Road (near the Briley Parkway exit) and practice law alongside three experienced attorneys in a warm and supportive environment. Call Carson W. “Bill” Beck, 615-226-9000.

100 Oaks/Berry Hill.

Building in eclectic neighborhood of Berry Hill available for lease September 1st. This building of approximately 2100 square feet has a large conference room with white oak paneling and a crab orchard fireplace, a large reception area, five offices, a full kitchen and one and a half baths. It is in exceptional shape, inside and out.

Numerous recent improvements. $2,200.00 per month plus utilities. Berry Hill codes will also allow the owner of the business who locates there to live there as well. To view contact Bill Britt, 615/681-5857. MLS 1368580. For more information go to: http://listings.realtracs. com/Reports/EmailPublicReports.aspx?EmailID =49429049&reportid=3.

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Nashville Bar Journal Classifieds Online | www.nashvillebar.org

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Advertising:

Classified Advertising: Rates: $75 for the first 50 words and $1 for each additional word.

Contact Tina Ashford at (615) 242-9272 or tina.ashford@nashvillebar.org

Available Sections: Expert Witness, For Sale, Positions Wanted, Forensic Document Examiner, Technical Support Services, Office Space, Litigation Services, Office Sharing, and Accounting.

Nashville Bar Journal - February 2013

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Elder law is about more than just protecting assets from the high cost of nursing home care. It’s about using those assets to enhance the elder’s quality of life.

When your clients are dealing with the long-term illness or disability of an elderly loved one, point them in the right direction with a referral to Elder Law Practice of Timothy L. Takacs. Our multi-disciplinary practice empowers families to respond to quality of life concerns that asset-focused firms don’t address, such as care coordination, patient advocacy and insurance issues.

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Call Elder Law Practice of Timothy L. Takacs.

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