Nashville Bar Journal | February 2015 by Nashville Bar Association

Nashville Bar Journal

FEBRUARY 15- VOL 15, NO. 1

Nashville Community Comes Together for SELMA Movie Event

New Tennessee Court Now in Session: Court of Workers’ Compensation Claims

Book Review: The Newspaper Boy

How Solo Practices Can Build a Competitive Web Presence

Stacey Garrett

Review by Eleanor Wetzel

Mark Phillips & Miles T. Martindale

CLE Rule Changes Effective January 2015 Rachel Park Hurt

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Articles 6 Nashville Community Comes Together for ......... SELMA Movie Event Stacey Garrett

Book Review: The Newspaper Boy

Departments 2 4

Review by Eleanor Wetzel

From the President Communique • Mock Trial Competition • Liberty Bell Award Nominations • Norman Award Nominations • Legal Aid Society Clinics • Upcoming Events

10 CLE Rule Changes Effective January 2015

CONTINUING LEGAL EDUCATION

14 New Tennessee Court Now in Session: Court of Workers’ Compensation Claims

Rachel Park Hurt

16 How Solo Practices Can Build a Competitive ..... Web Presence Mark Phillips & Miles T. Martindale

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

Golden Oldie

Columns

CENTER SECTION

Gadget of the Month

Bill Ramsey, Neal & Harwell, PLC Phillip Hampton, LogicForce Consulting COVER IMAGE Martin Luther King, Jr. speaking at Fisk University following the silent march of April 19, 1960

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.

Photo provided by the Nashville Public Library Civil Rights Room

NBA Calendar of Events FEBRUARY 17 - 12 PM Ethics Committee Meeting

FEBRUARY 26 - 12 PM NBF Trustees Meeting

FEBRUARY 17 - 12 PM Business Law Committee Meeting

FEBRUARY 27th and 28th NBA YLD Mock Trial Competition @ The Metro Courthouse

FEBRUARY 18 - 12 PM Memorial Committee Meeting FEBRUARY 19 - 3:30 PM Finance Committee Meeting FEBRUARY 19 - 4:30 PM Executive Committee Meeting

FEBRUARY 28th NBF Fellows Dinner @ The Hutton Hotel

MAY 1 Law Day Luncheon @ Renaissance Hotel Speaker – Mayor Karl Dean MAY 14th NBA Golf Tournament @ Legends Golf Course

MARCH 28 RACE JUDICATA @ Percy Warner Park

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

Edward D. Lanquist, Jr., Publisher William T. Ramsey, Editor-in-Chief ramseywt@nealharwell.com

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

From the President Political Apathy – Who Cares? by:

Edward D. Lanquist, Jr.

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

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

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

Nashville Bar Journal - February 2015

As I stated in my last column, the Nashville Bar Association has a history of political action. In case you missed it, I will repeat the comments relating to civic accomplishments. We should take pride in NBA members like Cecil Branstetter, George Cate, Beverly Briley, and Charlie Warfield who were leaders in the creation of Metropolitan Nashville, a system of governance admired by cities large and small around our nation. We should also take pride that Nashville’s last two mayors and mayors during its ascendency as the “It” city are NBA members – Bill Purcell and Karl Dean. We are in the early stages of a mayoral campaign to determine who follows Mayors Purcell and Dean in leading our great city. Additionally, each of the at-large Metro Council seats are open as well as many of the district seats. These will be the people who will help or hurt Nashville’s future. Our next administration will be faced with issues of how we continue to grow the business of the city while making sure our neighborhoods thrive. We will have a new MNPS director who will work with the new administration to continue to improve our education system. Issues such as transit will continue to be important especially if we have the one million new Nashvillians that we are supposed to over the next ten or so years. This is truly an important time for our city. In the last elections, the Bar flexed its muscle. NBA members helped retain our Supreme Court justices who were all recommended for retention by the relevant body. Then NBA members helped pass Amendment 2 with the hope that the problems of partisan elections will be kept out of our appellate courts. Rightly or wrongly, the clients and friends of lawyers assume that we know about political issues and seek our advice. This will continue to be true in the upcoming months. To help educate members, the Nashville Bar Association with the Napier-Looby Bar Association and the Lawyers Association for Women hosted a Mayoral Forum at the Downtown Public Library on February 3, 2015, at 5p.m. Metro Nashville Library and Nashville Public Radio were also cosponsors. NPR news staff moderated. First Tennessee Bank hosted the reception. All mayoral candidates participated. I know that many of you have already selected a favorite. I also know that most if not all of you have received requests. If you consciously decide to remain neutral, I respect that. If you remain neutral through apathy, please reconsider. An additional advantage of supporting one candidate is that the others will hopefully recognize that support and leave you alone. In any case, please stay informed. If asked who you like in the election, please be prepared to offer an opinion or an endorsement. By forming such an opinion and offering it to others, we make the Nashville Bar Association a much more relevant group of more than two thousand voters and thought leaders. Likewise, with so many council slots open, please stay informed. Make sure you know the council candidates for your district and at large. Additionally, it is not too late to think about running for a council slot.

2015 NBA BOARD OF DIRECTORS

Too many of us complain about the system but then surrender action because “the system is broken but there is nothing I can do.” It may be broken but you can get involved. As Edmund Burke said – “The only thing necessary for the triumph of evil is for good men to do nothing.” While I could never couch the upcoming elections as a battle of good versus evil, they are essential to the quality of our lives in the greatest city. So get involved. While I still do not believe that the NBA will return to its lobbying, we will continue to look at targets of opportunity to reassert and reestablish the Bar’s relevance. In coming months I hope that we will be able to announce a legislative breakfast. But that is enough about politics for now. n

https://www.facebook.com /NashvilleBarAssociation

Edward D. Lanquist, Jr., President Joycelyn Stevenson, President-Elect Dewey Branstetter, First Vice President John C. McLemore, Second Vice President Charles K. Grant, Immediate Past President Ryan D. Levy, Young Lawyers Division President Whitney Haley, Secretary Hon. Joe B. Brown, Treasurer Eric W. Smith, Assistant Treasurer Lela Hollabaugh, General Counsel

Robert C. Bigelow Hon. Joe P. Binkley, Jr. Hon. Sheila D. Calloway Kathryn S. Caudle Margaret M. Huff Hon. William C. Koch, Jr. Irwin J. Kuhn Claudia Levy Hon. Randal S. Mashburn Jeffrey Mobley Andrea P. Perry Erin Palmer Polly Matt Potempa David L. Raybin Sara F. Reynolds Nathan H. Ridley Maria M. Salas Saul Solomon Overton Thompson, III M. Bernadette Welch

NASHVILLE BAR ASSOCIATION @theNashvilleBar

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

Got an Idea for an NBJ Article? We want to hear about the topics and issues readers think should be covered in the magazine. Send it to nikki.gray@nashvillebar.org Nashville Bar Journal - February 2015

communiqué 2015 Davidson County High School Mock Trial Competition The Nashville Bar Association Young Lawyers Division will once again host the Davidson County High School Mock Trial Competition on Friday, February 27, and Saturday, February 28, at the Historic Metro Courthouse. More than a dozen schools from Davidson County will compete in five rounds over two days, playing the part of lawyers and witnesses in a fictional civil trial. The top two placing teams will continue on to the state competition. Volunteers are needed to help judge and score the teams in each of the five rounds, which are scheduled for the following dates and times: Round 1 - Fri. Feb. 27 at 4 p.m. Round 2 - Fri. Feb. 27 at 6 p.m. Round 3 - Sat. Feb. 28 at 8:30 a.m. Round 4 - Sat. Feb. 28 at 11 a.m. Final Round - Sat. Feb. 28 at 2:30 p.m. If you are available to volunteer as either a juror/scorer or judge, please contact Rob Laser rlaser30@gmail.com and include (1) the round(s) for which you are available and (2) whether you would prefer to serve as a juror/scorer or judge. For further information about the competition, please contact Jessica Jernigan-Johnson at 615.252.2390 or jjernigan-johnson@babc.com. Volunteers are what make this competition possible every year, and the students greatly appreciate your time and support. We look forward to seeing as many of you as possible for this event!

Nominations Sought for Liberty Bell Award Nominations are being sought for the Liberty Bell Award that will be presented during the NBA's annual Law Day Luncheon during Law Week. Deadline for nominations is March 13, 2015. This award is given to that person or group (not necessarily lawyers or law related groups) who has promoted a 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 addressed to the NBA Community Relations Committee and sent to Traci Hollandsworth at traci.hollandsworth@ nashvillebar.org

-Golden Oldies Pictured are: Seated left to right: Henry Todd, Sam Felts, Benson Trimble, Shelton Luton, Byrd Douglass, Alf Adams, Ned Lentz Standing left to right: Raymond Leathers, John Draper, Roy Miles

Nashville Bar Journal - February 2015

The 12th

Nominations Sought for Norman Award

Annual

Race Judicata, presented by the Nashville Bar Association Young Lawyers Division, consists of a 5k and 10k run on March 28, 2015 that benefits two local charities, Able Youth and Achilles International Nashville. The new race course will be a flat out-and-back course along the Harpeth River Greenway at Edwin Warner Park. Awards will be presented in each race, three deep, in the following categories: 1) overall; 2) masters; and 3) age group. As part of this great race, Nashville’s harrier barristers will be able to zealously represent their respective law firms, competing for the title of Fastest Male and Female lawyer and the coveted Fastest Firm Trophy, a new trophy that will be given to the fastest firm (combined time of 3 lawyers) to be held in trust until next year’s race, entitling the holder to all the bragging rights associated therewith. Team names and rosters must be provided via email to Wally Irvin at wirvin@lewisthomason.com no later than noon Thursday, March 26, 2015. Follow us on twitter @racejudicata for more information or to register, go to http://www.active.com/nashville-tn/running/races/12th-annual-racejudicata-presented-by-the-nba-young-lawyers-division-2015 REGISTRATION FORM ON PAGE 20

Legal Aid Society to Host 200 + Free Legal Help Clinics Across Middle Tennessee and the Cumberland Plateau Legal Aid Society of Middle Tennessee and the Cumberlands announced that, over the next 12 months, volunteer lawyers and staff will provide free legal help at more than 200 clinics across Middle Tennessee and the Cumberland Plateau.Most clinics are structured as a walk-in forum, where Middle Tennesseans can receive general legal advice without an appointment. Nashville: • Second Tuesday Clinic: Held the second Tuesday of every month, starts at 4:30 p.m. at Legal Aid Society’s Nashville office, 300 Deaderick St., Nashville • McHugh Clinic: Held on the last Saturday of the month (excluding April and December), starts at 9 a.m. at Legal Aid Society’s Nashville office, 300 Deaderick St., Nashville • Casa Azafrán: Held the third Friday of every month (excluding December), starts at 2:30 p.m. at Casa Azafrán, 2195 Nolensville Pike, Nashville 37211

NBA Calendar of Events ------------------------------------------------------------

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. Deadline for nominations is March 13, 2015. The award is given to criminal law practitioners, including specifically defense attorneys, prosecuting 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 addressed to the NBA Criminal Law & Criminal Justice Committee and sent to Committee Chairs, Mary-Kathryn Harcombe at Mary-KathrynHarcombe@jis.nashville.org and Grover Collins grover@ collinsfirmtn.com

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MAY 1 Law Day Luncheon @ Renaissance Hotel Speaker – Mayor Karl Dean

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MAY 14th NBA Golf Tournament @ Legends Golf Course

FEBRUARY 27th and 28th NBA YLD Mock Trial Competition @ The Metro Courthouse FEBRUARY 28th NBF Fellows Dinner @ The Hutton Hotel

MARCH 28 RACE JUDICATA @ Percy Warner Park

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Feature

Nashville Community Comes Together for SELMA Movie Event by:

Stacey Garrett

Each February, America commemorates Black History Month, a time for all of us to learn and celebrate African-American culture and achievements. The African-American experience is deeply connected to the principle of social justice: the view that everyone deserves equal economic, political and social rights and opportunities. Black History Month thus provides lawyers with an opportunity to learn about the contributions of African-Americans to our nation’s legal heritage. SELMA is an extraordinary movie that every lawyer should see. While the press has fueled a controversy about the historical accuracy of the depiction of President Lyndon B. Johnson’s relationship with Rev. Dr. Martin Luther King, Jr., that issue is not the point of the movie. I would suggest that President Johnson is ultimately shown as a remarkable progressive. More importantly, the movie documents the three-month period leading up to the Voting Rights Act of 1965, one of the most significant victories of the Civil Rights movement. The dangerous campaign, led by Dr. King, to secure equal rights in the face of justice is depicted. It portrays how people of differing generations, gender, races, faiths, viewpoints and agendas came together to form a movement against injustice. At its core, SELMA documents a compelling story of reconciliation. Bone McAllester Norton PLLC was proud to sponsor the Nashville premiere of SELMA on January 8. The event was a unique opportunity to honor this remarkable moment in our nation’s history. Community leaders, congregations, and organizations came together to watch SELMA and to engage in a constructive dialogue afterward about the themes of reconciliation depicted in the film. The group also had an honest discussion about current concerns of injustice across America and about how Nashville can work together to bridge the social and cultural disconnects which plague us 50 years after Dr. King’s historic march from Selma. 6

Nashville Bar Journal - February 2015

The dialogue took place in the form of a panel discussion among Judge Lynda Jones, Bishop Jerry Maynard, Howard Gentry, Jr., Ashford Hughes, Rep. Harold Love, Elder W. Antoni Sinkfield, and Brian Williams. The panelists were asked about their impressions of the movie given their respective backgrounds and occupations. Common among all the responses was an acknowledgment of the controversy and disillusion surrounding the tragic deaths of Michael Brown, Eric Garner, Tamir Rice, and the slain NYPD officers. The panel focused on how community institutions, such as churches and civic organizations, are avenues for healing, reconciliation and learning. The discussion also focused on how Dr. King successfully bridged a generation gap and united different political, religious and cultural constituencies. The panelists discussed the notion that their respective leadership positions in government, the legal system, churches and civic groups also impact and benefit the greater Nashville community. Each panelist was also asked how they believe Nashville could remain a leader in the fight against social injustice. They stressed the need for everyone to listen to each other. The panelists also cited the adage that “an

injustice against any person is a threat to justice for everyone.” Additionally, each panel member urged Nashvillians to stand up for and fight against injustice in our community, regardless of whether they are personally impacted. I hope, and I believe, that SELMA will continue to bring people from varying backgrounds together to discuss reconciliation. We serve ourselves and our community well to continue the dialogue and to learn from the past to secure a better tomorrow. As a native Nashvillian, I join with those who acknowledge that there are many in our community who do not have the benefits and opportunities that others are experiencing as Nashville enjoys its status as the “It” city. I also understand that we have come a long way since 1965, and that Nashville has always stood as a leader in the area of civil rights. But the fact that social injustice remains within our community indicates that we have rested far too long; our job is not over. As lawyers, we can, and we must, be at the forefront of the fight against injustice in our community.  Stacey A. Garrett is a founding member of Bone McAllester Norton PLLC and chair of the firm’s Board of Directors. She concentrates her law practice in the areas of higher education, corporate transactions, healthcare and government affairs. Stacey is also the Vice President of Online and Professional Studies at Cumberland University.

John Little, Chris Smith, Charles W. Bone (Bone McAllester Norton), Charles Robert Bone (Bone McAllester Norton), Robert West

Chris Smith

Howard Gentry, Jr., Judge Lynda Jones, Rep. Harold Love, Elder W. Antoni Sinkfield, Bishop Jerry Maynard, Sr., Ashford Hughes, Brian Williams, Rev. Dr. Kelly Miller Smith, Jr. Stacey A. Garrett (Bone McAllester Norton)

#SelmaForStudents Students in 7th through 9th grade are able to see the movie Selma free at Nashville theaters. For more information go to http://selmastudenttickets.com/. Nashville Bar Journal - February 2015

Book Review

The Newspaper Boy: Coming of Age in Birmingham, Alabama During the Civil Rights Era By Chervis Isom Senior Counsel at Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (Birmingham Office) ISBN 978-1-940524-03-0 First Edition: The Working Writer Discovery Group (2013) Second Edition: Hewlett Publishing (forthcoming spring 2015)

The Newspaper Boy Delivers by:

Eleanor Wetzel

The Story Self-described as an anti-Semite and racist in the first chapter, Chervis Isom leads the reader through his personal evolution. Once a believer and advocate of Jim Crow culture as an adolescent, Isom becomes a man devoted to “excising all prejudice from [his] daily life.” Like social change, personal transformation is not easy nor without pain. Conflicted about race, immigrants, race, and religion (specifically suspicion towards Jews and Catholics), Isom’s growth was gradual as documented in the narrative. While his journey of self-discovery is long and uneven, The Newspaper Boy is a swift read due to both the confessional content and Isom’s compelling writing style. The Newspaper Boy is an intriguing coming-ofage novel with meticulous endnotes that assist the reader in better understanding the key civil rights players, court decisions, and congressional acts referenced in the narrative. The Newspaper Boy opens in April 1965, at the law office of Abe Berkowitz, a civil rights attorney known for his leadership in attacking the Ku Klux Klan and promoting change in Birmingham, Alabama. Isom, a 1L, arrives without an appointment seeking summer employment. Although the firm has no vacancies Berkowitz graciously sees Isom, asking him at the end of the interview the critical question, “I want to know why you are here.” Turn the page and Isom’s path to Berkowtiz’s door begins, starting in 1943. While one-third of the Birmingham population was black, the town was deeply segregated, which limited Isom’s ability to interact with anyone other than whites until adulthood. His lack of racial understanding was compounded by the fact his father was a Greyhound bus driver required to enforce “whites in the front, blacks in the back” policy.

Nashville Bar Journal - February 2015

Working as a newspaper delivery boy provides Isom broader views of his community. Key players in Isom’s transformation are Helen and Vernon Miller, a white couple who had moved from the north and became customers on Isom’s paper route from 1955-1957. Isom’s initial reason for talking to the Millers as he collected his weekly payment for the paper was to convert these “naïve Yankees” to the “Southern way of life.” As chronicled in The Newspaper Boy, he sure did try, attempting to persuade them with the teachings of Asa “Ace” Carter, KKK member and Executive Director for the White Citizens Council—it wasn’t until much later Isom realizes Carter was a “false prophet” spouting virulent teachings. But, through his dialogues with the Millers, Isom realizes that he was the one who had been schooled. The narrative takes the reader through Isom’s life during the civil rights era, revealing Isom’s gradual change as it leads up to the fateful day in April 1965, when Isom arrived at Berkowitz’s law office and was pressed to explain what brought him there, which is disclosed in chapter 48. The last few chapters provide thoughts on the importance of community and culminates with a visit to the Millers almost 50 years later. Isom had not spoken with them since graduating high school and leaving his paper route, but identifies them as key to opening his mind and heart.

Each chapter is essentially a stand-alone vignette, which when read in sequence is a candid and powerful story of a boy indoctrinated with notions of white supremacy who, through the kindness of others, gradually learns to reject the insidious Jim Crow culture. The writing is evocative, humorous in parts and frankly confessional as Isom discloses embarrassments in his growing process. The Newspaper Boy reveals a man who is compassionate and introspective, but still humble. The Writing Process Isom stated that it was the critical question by Berkowitz that pulled the story out of him. He did not realize he had a story until he recounted how he was shaped—and eventually transformed—by the culture surrounding him. The narrative unfolds as a response to why Isom has come to be sitting across the desk from a “Jewish civil rights hero.” Isom accepts employment with Berkowitz upon graduating law school. Berkowitz served as Isom’s mentor for 18 years. Isom’s respect for Berkowitz inspired him to start writing about ten years ago; however, displeased with the initial results, Isom enrolled in a community writing class. As part of that class, Isom drafted short stories about his life growing up in deeply segregated Birmingham, motivated to share his experiences with his grandchildren. Eventually Isom had drafted more than 20 short stories. Reading through them he noticed an arc suitable for a book. Isom then spent approximately five years revisiting places that shaped his childhood and understanding of the world. As fragments of memories returned, Isom continued writing short stories. Writing the individual stories, which became chapters comprising The Newspaper Boy, affirmed to Isom how the Millers opened his mind, making his individual change possible. Fifty years later, Isom located the Millers to thank them. Since

the Millers were in their late eighties, they were the impetus for Isom to complete his book—he wanted to put a published copy in their hand as a way to show them his appreciation for their guidance. The Power of the Press The book is titled The Newspaper Boy because the newspaper provided the impetus for Isom’s change in three major ways. First, being a delivery boy from 19521957 changed him as a person; while a painfully shy boy, collecting weekly payment from his customers required him to speak to people, particularly those outside his usual social circle. Delivering the paper also provided a venue for him to learn about the world outside of Birmingham. While rolling the papers for delivery, Isom devoured the headlines and read the paper cover to cover, learning about the Korean War, the Cold War, the atom bomb, school desegregation, and anti-Catholic sentiments. Second, it was through his paper route that he was introduced to the Millers who were his customers for two years and opened his mind to consider other ways of thinking. Lastly, while in college Isom continued to be a consummate reader of newspapers; during this time, he was exposed to the editorials of Abe Berkowitz, a “progressive when it was dangerous to be one.” Isom was particularly inspired by Berkowitz’s November 14, 1963 letter in which he defended President Kennedy shortly before his assassination.

The Response During my interview with Isom, I asked if he was concerned about his reputation and how his book would be received, as it details in no uncertain terms that he had been a racist. Isom responded he was “very concerned.” But, he felt a need to share his story, noting that the Jim Crow era was not only a web of laws but unwritten societal rules and regulations, all of which were toxic. Those who did not experience it need to know how it used to be. Before releasing the book to the public, however, he produced 100 advance copies for friends and colleagues to review and provide feedback. Isom has been heartened by the reception The Newspaper Boy has received, especially from the Birmingham Civil Rights Institute, which carries the book for sale. Isom now tours when possible to discuss the book and open a dialogue addressing racial tension. This month he is serving on a panel with Carolyn Maull McKinstry, survivor of the 1964 Birmingham church bombing and author of her own comingof-age novel, While the World Watched. When interviewing Isom, he stated that his transformation was “magical,” readily acknowledging it was not something he did on his own but that it could have only occurred with others helping him. Isom emphasizes the pliability of teenagers’ minds and the need to have someone to guide them in a quiet and unobtrusive way, as the Millers did for him. Continued on Page 18 

Isom credits the newspaper, rather than school, as having the most impact on his life. The daily paper enabled Isom to view the world in a different way. Towards the conclusion of the book, Isom laments the disappearance of the print paper, which he believes is essential for community.

Nashville Bar Journal - February 2015

CLE Rule Changes Effective January 2015 by:

Rachel Park Hurt

Hot off the presses, the Tennessee Supreme Court has responded to the Tennessee Commission on Continuing Legal Education and Specialization’s Petition to revise Tennessee Supreme Court Rule 21 [hereinafter “Rule 21”], which regulates the provision of, participation in, and monitoring of CLE courses and credits. The Supreme Court’s order, issued December 16, 2014, adopted many of the Commission’s proposed rule changes but also took into consideration the numerous public comments that were filed by practitioners, bar organizations, and law schools. See In Re Petition for Adoption of Amended Tennessee Supreme Court Rule 21, No. ADM2013-02417 & In Re Petition for Adoption of Amended Tennessee Supreme Court Rule 21, Sections 1.01 and 10 and Tennessee Supreme Court Rule 8, RPC 7.4(d) and Comment [3] Governing Specialization, No. ADM2014-00012 (Tenn. Dec. 16, 2014), available at http://www.tncourts.gov/sites/default/files/docs/adm201400012_order_amending_sct_r21__r8_-_12-16-2014.pdf. In case you missed the Supreme Court’s opinion here are the “Cliff’s Notes” of the most relevant Rule changes that took effect the first of this year: • Age Exemption for Attorneys Over Age 65 – If you attained the age of 65 on or before December 31, 2014, you do not need to obtain CLE credits ever again! (Rule 21, § 2.04(c)). Not to burst your bubble, but the Rules of Professional Responsibility still might require that you do. Also, this exemption does not apply to Rule 31 mediators. See Tenn. S. Ct. R. 31. •

Age Exemption for Attorneys Under Age 65 - If you were under age 65 as of January 1, 2015, you are now required to obtain CLE credit until you attain age 70. (Rule 21, § 2.04(c)). The exemption is available in the year after the year in which you turn 70. It could be worse, the Commission petitioned the Court to require CLE for as long as you practiced law!

10 Nashville Bar Journal - February 2015

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Law Professors - “Full-time law school professors who are not practicing law” do not need to obtain CLE credits. (Rule 21, § 2.04(e)). Query…how much free legal advice can a law professor give before she is “practicing law?” See Tenn. S. Ct. R. 9, § 10.3.

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In-Classroom Credit Hours - You now have to obtain a minimum of 5 in-classroom hours of CLE per year. (Rule 21, § 3.01). If in the past you have obtained all of your CLE credits through writing, teaching, or pro bono services, for example, you will now have to obtain at least 5 credits of CLE through classroom hours. But, if a disability prevents you from obtaining those 5 hours, you can petition the Commission for “Exceptional Relief ” from this requirement. (Rule 21, § 3.02). But, keep in mind that you still must have at least 7 non-“distance learning” hours each year. (Rule 21, § 4.08).

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Teaching Law-Related Courses – You can earn 4 hours of CLE credit for each hour of academic credit awarded for a “law-related” class taught at a law school, college, university, or community college. (Rule 21, § 4.03). If you want to earn even more CLE credit, however, audit a law school class and receive 1 credit for each hour of class attendance. (Rule 21, § 4.04). So, teaching a 3-credit law-related course will get you 12 hours of CLE credit (3 credits times 4 hours). Audit a 3-credit law-related course for an entire semester (13 classes, 3 hours each class) and earn 39 credits!

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Published Writings – You can now only obtain up to half of your annual CLE credits (6 general hours and 1.5 ethics hours) for published writings “concerning substantive law, the practice of law, or the ethical and professional responsibilities of attorneys, if the writing is published in approved publications intended primarily for attorneys. Credit shall be awarded in the amount of one hour for every 1,000 words” (which just happens to be the length of this article with this parenthetical). (Rule 21, § 4.07(b)). Previously, you could earn all 15 CLE credits for published writings.

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Pro Bono – You can now get dual (meaning either general or E/P) hours of CLE credit “earned at the rate of one hour of credit for every five billable hours of pro bono legal representation. . . .” (Rule 21, § 4.07(c)).

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Out-of-State CLE Courses - If you attend a CLE course outside of Tennessee (that is provided by an out-of-state provider) and the course has not been approved by the Commission for CLE credit, you can attempt to obtain CLE credit by submitting “a detailed agenda and speaker biographies” to the Commission. (Rule 21, § 5.05(d)).

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In-State CLE courses – If, however, you attend a CLE course in Tennessee (that is provided by an out-of-state provider) and the course has not been approved by the Commission for CLE credit, there is no mechanism to obtain CLE credit. So, make sure the CLE course offered in Tennessee has been approved for CLE credit before you sign up. If a course has been pre-approved, all advertising material should state: o “This course has been approved by the Tennessee Commission on Continuing Legal Education for a maximum of __ hours of credit.” (Rule 21, § 5.06). If the course has not been approved by the Commission for CLE credit, all advertisements should state: o “This program is not accredited in Tennessee”; o “We intend to seek accreditation for this program in Tennessee”; or o “This program is not being submitted for accreditation in Tennessee” (Rule 5.06(b)(1-3)).

•

Specialists – The Commission will no longer be certifying specialists. Instead, the Commission will keep a “Roll of Certified Specialists” on its website. If you are a Certified Specialist, your certification may still be used for marketing purposes but you will need to change your marketing materials and (probably) your letterhead. (Rule 21, § 11.03). For more information, contact the Commission as the particulars of the change regarding specialization are beyond the scope of this article.

This Article highlights changes taking effect January 2015. The Court’s order detailing all changes for 2015, as well as additional changes that take effect in January 2016, is available online at the Tennessee Commission on Continuing Legal Education and Specialization’s website, http:// www.cletn.com.  Rachel Park Hurt is an associate with Arnett, Draper & Hagood, LLP. Her practice emphasis is in medical malpractice defense, premises liability, and general civil litigation. She is currently serving as a Commissioner on the Tennessee Commission on Continuing Legal Education.

The Commission has no effective means to enforce this rule, however, as it lacks the means to “punish” out-of-state providers who do not comply. Therefore, forewarned is forearmed.

Nashville Bar Journal - February 2015

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

MONTH

CES 2015 REPORT

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

Once again, we made our annual trek to Las Vegas for the Consumer Electronics Show (January 5–9). On the morning of January 6, with our hearts all aflutter, we hopped on a Southwest Airlines jet to view the latest offerings in gadget “geekdom.” We hurried off the plane, grabbed a bite to eat, and headed straight to the Las Vegas Convention Center to fill ourselves with visions of tech toys. Upon arrival, however, we almost immediately turned into “tech curmudgeons.” It seemed that we had seen everything before: 4K TVs–seen that; Internet of Things–been there, done that; flying drones–already saw it; wireless speakers of every kind–Bill has most of them. At the end of our first day, we were unimpressed. Phil got a bright idea and decided to study the online materials for the Show. He discovered that the Innovation Awards (and apparently most of the innovative devices) were on display at the Sands Expo, and not at the main Las Vegas Convention Center. We decided to walk to that venue from our hotel, rather than taking the monorail. The “short walk” turned out to be about two miles, but it was well worth it. This is the stuff we came to see! Here are a few examples. There was the ZUtA Pocket Printer, a small device about the size of a wedding ring jewelry box. It is a little robot that runs on the paper and deposits the ink on the page. The printer is so small that you can put it in your pocket, yet you can print on any size of paper. Another gadget with a wow factor was the Dash Headphones by Bragi. These are completely wireless headphones. They are two buds that simply stick in your ears. You can play music through them from your Smartphone, or you can listen to them by themselves. Together they hold about 1,000 songs and, by the way, they can audibly coach you while you are exercising, track your movements, and capture biometric data. 12 Nashville Bar Journal - February 2015

We also loved Netatmo. Netatmo is a small, cylindrical camera that sits in your home and detects a person’s face inside the home, and then informs you of who has come into your house. It has night vision and recording capabilities, and it can recognize you and the members of your family. Speaking of cameras, we also were intrigued by Ricoh’s new Theta camera that uses a pair of fish-eye lenses to capture 360-degree spherical images. And those are just the beginning. After our “curmudgeon-ness” had subsided after viewing all the innovative products at the Sands, we became wide-eyed geeks again. Here are the things we recognized at CES and a sample of the products we liked in each category: 1. Drones There were so many drones that they had their own section at the Convention Center. Today’s drones can not only be used for photo and videos, but also for surveying, package delivery, law enforcement, and gathering weather data and traffic information. While Parrot continues to be the leader in this genre, we really liked the Ghost drone made by EHang, Inc. You can use it right out of the box, equip it with a GoPro camera, and control it with an app on your smartphone. 2. PCs are here to stay In recent years, electronic manufacturers have tried to take our laptops and desktops away from our warm, live fingers. They wanted us to start using tablets and smartphones. Apparently, they have realized the folly in this strategy. Laptops and desktop PCs were everywhere. The trend, as always, is toward lighter devices with more powerful performance and longer battery life. We really loved several of the computers in the Lenovo line such as the X1 and the Lavie Z ultrabook, which weighs in at an impressive 1.72 pounds. We also drooled over the new Samsung ATIV Book 9, a highly portable and almost weightless computer that does not need a cooling fan because its processor is based on Intel’s new Broadwell-Y power-efficient design. Consequently, it is very quiet. Continued on Page 13 

Bill & Phil's Gadget of the Month: CES 2015 REPORT Continued from page 12

3. Connected and Automated Vehicles We saw the BMW that drove itself to CES. We saw the electronics packages in Volkswagen, Lexus, Toyota, and Mercedes Benz. But perhaps the coolest and most impressive display was the Audi section. Audi is perfecting technology that is not fully driverless, but merely assists drivers. For example, the car will warn you when you are distracted. It will also warn you when there is a pedestrian ahead and brake for you if you do not brake quickly enough. The car will warn you when another car is about to encroach into your lane of traffic. We were really impressed. 4. Wearables We saw every type of wearable you can imagine. Almost every device could tell time, track your GPS coordinates, and measure your bodily attributes, such as skin temperature and heart rate. There were even devices that had voice and facial recognition. Our favorite wearable, Motorola’s Scout5000, is a smartcollar you can put on your dog to track and train your dog and a mini GoPro camera so that you can see the world from your dog’s perspective. 5. Smart Home Products Almost every major company at CES had “connected home” products. There were products that connected all of your appliances to the Internet, products that connected your lights and your music systems into one network that could be controlled over the Internet and, of course, many, many devices, such as the Nest Thermostat that would allow you to control the temperature in your home. Perhaps our favorite Smart Home system is the Savant System that acts as a much more user friendly version of the Crestron products. The system allows you to separately control lighting, temperature, music, etc. and establish “themes” for each room, such as a party atmosphere, a wake-up atmosphere, a bedtime atmosphere, a romantic atmosphere, etc.

6. Higher and Higher Definition Television All of the television manufacturers had the new 4K (supposedly 10x sharper and more detailed than standard hi-definition televisions) models available in almost every size—up to screens as large as nine or ten feet. And these video screens were not just for entertainment. There were also screens for surgeons, design artists, architects, etc. And, even though Bill is a major critic of the curved television screens, we found ourselves drawn to the curved computer monitors that appeared to make a more attractive and viewable work space. Samsung made some of our favorite curved computer screens. 7. 3D Printing There appeared to be over 100 manufacturers of 3D printers displaying their wares at CES. It appears this sector is about to break into the mainstream. One of our favorites is the 3D Food Printer made by XYZ Printing that uses food ingredients to produce and decorate uncooked cookies or cakes. You can design your decorations for food items, determine their size and the ingredients that they will be made out of, and, voilà, you have a perfectly decorated cake (or even pizza pie). XYZ Printing also makes one of the most affordable traditional 3D printers with its Da Vinci model. 8. Internet of Things or Internet of Everything Every tech company involved in networking at the Consumer Electronics Show proclaimed 2015 as the year of “Internet of Everything”, a world when every device, and virtually every inanimate object, will be interconnected to a vast computer network. This will be a world where there

is no privacy and that everything that occurs any way can actually be reviewed and established by viewing a log of network activity. The volume of digital data in this new world of “Internet of Everything” will generate a bazillion terabytes of data and make all the networking and computer hard drive and computer storage device manufacturers rich beyond their wildest dreams. Let’s hope this does not happen. 9. Robots There were robots of every kind at the Consumer Electronic Show. There were robots to take care of your elderly parents; robots to clean your house; robots to provide security in your home; and even robots to shine your shoes. The most interesting (and eerie) robot was what Bill calls a “cyborg” that poses as a cheesy lounge singer. The cyborg, a very attractive Asian-looking woman, sang the Louis Armstrong song, “What a Wonderful World” while being accompanied by a live pianist. The cyborg had very real looking facial expressions and was able to stay in tune and in time with the piano accompaniment. It really looked like a scene from the movie, I, Robot, when everyone had gathered around to see the cyborg’s performance. Bill became scared and ran away because he was afraid that the cyborg would suddenly turn evil and attack the crowd with either a knife of an automatic weapon. It didn’t happen. With our gadget appetites fully satisfied and our little tech bellies bloated, we boarded our Southwest return flight a few days later and came home. During that entire flight, Bill planned his next trip to Vegas for the 2015 AVN Expo on January 21–24.

See you next month, —Bill & Phil

Nashville Bar Journal - February 2015

New Tennessee Court Now in Session: Court of Workers’ Compensation Claims (From Left to Right: Chief Judge Kenneth Switzer, Judge Lisa Knott, Judge Jim Umsted, Judge Thomas Wyatt, Chancellor Ellen Hobbs Lyle, Judge Allen Phillips, Judge Pamela Johnson, Judge Joshua Baker and Judge Brian Addington)

The Tennessee Workers’ Compensation Reform Act of 2013, set forth in Public Chapter 289, established a new court in Tennessee: the Court of Workers’ Compensation Claims in the Division of Workers’ Compensation. Approximately one year later, on June 18, 2014, during the Tennessee Workers’ Compensation Educational Conference in Nashville, eight Workers’ Compensation Judges were sworn in by Chancellor Ellen Hobbs Lyle. On August 1, 2014, three Workers’ Compensation Appeals Board Judges were sworn in; Judge Timothy Conner of Knoxville, Judge David Hensley of Chattanooga, and Presiding Judge Marshall Davidson of Goodlettsville. The Court Clerk is Penny Shrum. The Court of Workers’ Compensation Claims adjudicates cases involving work injuries occurring on or after July 1, 2014. The development of the new Court of Workers’ Compensation Claims brought with it new procedures and new forms. To initiate the process, a party seeking benefits or relief will file a Petition for Benefit Determination (PBD). The PBD is synonymous with the filing of a complaint in civil court; it notifies the opposing side and the court what issues are disputed. The PBD must be served on the opposing party via hand-delivery, facsimile, electronic mail, or United States mail. Upon filing of the PBD, the Division of Workers’ Compensation assigns a mediation specialist to the case to assist the parties in resolving the disputed issues. The mediator has the discretion to conduct the mediation in-person, telephonically, or by video conference. The Division Rules require mandatory participation by party representatives with authority to resolve the disputed issues. After the filing of the PBD, the parties must exchange all medical

14 Nashville Bar Journal - February 2015

records in their possession and shall supplement the records within 14 days of receipt of additional records. Additionally, within three business days of the first scheduled mediation, the employer must file a wage statement. If disputed issues remain at the conclusion of mediation, the mediator issues a Dispute Certification Notice (DCN), certifying the disputed issues, defenses, and/or stipulations for trial. The DCN is synonymous with the filing of an Answer is civil court. As such, the parties have five business days to object to the contents of the DCN. Absent the Judge’s approval, only issues and defenses certified in the DCN may be presented to the Judge for adjudication. The mediator will file the finalized DCN with the Court Clerk. After the Court Clerk receives the DCN, either party may file a Request for Hearing. If a Request for Hearing is not filed within 60 days of the filing of the DCN, the Court Clerk will place the case on the Dismissal Docket and issue a Show Cause Notice. Catastrophic cases (i.e., paralysis, amputations, traumatic brain injury, second- or third-degree burns, total blindness, or total deafness) have priority on the docket. The Initial Hearing is similar to a scheduling conference and conducted telephonically. At the Initial Hearing, the parties will discuss and agree upon a Discovery Plan, Scheduling Order, and the Compensation Hearing date. Following the Initial Hearing, the parties shall jointly prepare a proposed Initial Hearing Order (template available on the Court’s website) within three business days of the Initial Hearing.

After the DCN is filed, either party may file a Request for Expedited Hearing to resolve disputed issues concerning temporary disability benefits and/or medical benefits. The Request for Expedited Hearing must be accompanied by affidavits and any other evidence supporting the requesting party’s position. The opposing party has five business days to file countervailing evidence. The parties may select an inperson or telephonic evidentiary hearing or request a decision on-the-record. The Judge will determine whether a hearing is necessary. The Rules of Evidence apply to the Expedited Hearings. An Expedited Hearing Order is interlocutory and may be appealed to the Workers Compensation Appeals Board within seven days. Unless appealed, compliance is required within seven business days of entry of the Expedited Hearing Order. In general, discovery will operate in accordance with the Tennessee Rules of Civil Procedure. However, A party may not serve more than 20 interrogatories, including subparts, absent permission of the Judge. A party is not required to answer interrogatories before the Initial Hearing Order is entered. Depositions may not exceed four hours, excluding breaks. The Compensation Hearings will be conducted in accordance with the Rules of Civil Procedure and Rules of Evidence. The parties must file medical records, deposition transcripts, and a Pre-Hearing Statement (template available on the Court’s website) with the court 10 days prior to trial. The Compensation Hearing Order shall become final and appealable to the Supreme Court after 30 calendar days unless an Appeal is filed with the WC Appeals Board. Unless appealed, compliance of the Compensation Hearing Order is required within five five business days following entry. If appealed to the WC

Appeals Board, the Compensation Hearing Order shall not become final until certified by the WC Appeals Board. Settlement Approval Hearings are conducted in a similar manner to approvals under the old law. No settlement shall be binding unless approved by a Judge. The Court Clerk will assess a fee of $150 at the time of the Settlement Approval Hearing. At the Settlement Approval Hearing, the Judge must make a finding that the employee is receiving substantially the benefits provided by the law or that the settlement is in the employee’s best interest. Parties should contact their local office to schedule the approval hearing. If a PBD has previously been filed, then the required documents include: the Explanation of Benefits, Approval Order, Settlement Agreement (with impairment rating attached), and SD-1. If a PBD has not been previously filed, the parties must additionally file a PBD. These documents are available on the Court’s website.

Parties may visit the website at www. tn.gov/labor-wfd/wcomp.shtml for valuable information. “A Beginner’s Guide to Tennessee Workers’ Compensation” is available on the website and contains helpful tips. In addition, there is a designated section of the website for the CWCC that contains general information as well as both the various document templates to be utilized under the new law and the CWCC’s Practice and Procedures. The Court’s website is located at www.tn.gov/ labor-wfd/wcomp/CourtofWorkersCompClaims.shtml. 

For pro se litigants, the Division offers the Ombudsman Program to provide education and assistance with the process. The Ombudsmen may be reached at 1-800-3322667. The Ombudsmen will be responsible for providing parties basic information concerning the workers’ compensation laws and procedures, answering questions raised by the parties, assisting parties in the completion of forms, and acting as a liaison among the parties to ensure communication and efficiency in the administration of claims.

Nashville Bar Journal - February 2015

Feature How Solo Practices Can Build a Competitive Web Presence by:

Mark Phillips & Miles T. Martindale

The legal profession has long been, and may always be a referral business. However, the rules are changing. A substantial shift has occurred in recent years regarding the manner in which prospective clients locate attorneys. According to research done by The Research Intelligence group in 2012, approximately 76% of consumers seeking an attorney over the last year used online resources at some point in the process.1 While this figure may merely suggest that clients are reviewing attorney’s credentials online after receiving a referral, data from a FindLaw survey suggests that an increasingly significant number of people are heavily relying upon online searches to identify and evaluate attorneys online. According to the survey, within the past decade the number of individuals who source their attorneys from the internet has grown by over 30%, while those who source their attorneys from referrals have declined by 36%.2 How Clients Find their Attorneys3 2014 Internet 38% Ask a friend or relative 29% Consult local bar association 10% Yellow pages 4%

2005 7% 65% 13% 10%

Adding to the complexity of the client exodus to online attorney searches is the surprising variety of sources that individuals look to when evaluating their attorneys. It may surprise some readers to learn that the #1 site for obtaining attorney reviews may not be MartindaleHubbell, Super Lawyers or the local bar association, but Yelp.4 Yes, the very same review site that may have helped you decide on dinner plans last night also helped 58% of prospective clients decide upon which attorney to contact.5 Market research conducted by Software Advice, a legal management software company, further suggests that 83% of individuals used such online reviews to find a new attorney, while 9% used them to validate their current choice of attorney, and 8% used them to validate a referral.6 16 Nashville Bar Journal - February 2015

Taken together, this data suggests a more dynamic and rapidly changing online landscape for attorney’s attempting to establish credibility and earn new clients online. This revelation may be most important for solo practitioners and small firms to grasp, and the degree to which it is embraced could well mean the difference between a successful or struggling practice. How, then, can solo’s optimize their online presence to capitalize on these trends? The answer is not as complex as one would expect. First, attorneys must recognize that they absolutely need a website. Though obvious to most, many in the legal profession remain steadfast in their opposition to creating an online presence. However, launching a website may arguably be today’s equivalent to “throwing out a shingle,” and attorneys are beginning to recognize that their credibility may suffer without one. With this in mind, a website must be integrated into the marketing efforts of any attorney seeking to build and sustain their practice. Second, attorneys should pay close attention to the content of their website. The key with respect to content is not to dazzle clients with high-end design or graphics; nor is it to provide the most comprehensive verbal descriptions. Rather, the most important thing attorneys can do is is to highlight a few key aspects of their practice that 1) establish their identity, 2) differentiate them from others, and 3) make them easy to find.

With respect to establishing their identity, it’s important for attorneys to make clear their area of specialization. A common instinct is to present themselves as a general practitioner or “jack-of-all trades.” However, most individuals in need of representation want a specialist in their field, not someone who can file their divorce and take their company public. Many less experienced attorneys may shy away from declaring a specialty due to a lack of experience, however, it’s important to recognize the difference between specialization (i.e., area of focus) and expertise (i.e., exceptional skill gained through experience). This leads to the next point regarding differentiation. Less experienced attorneys may feel the only true difference between them and their competitors is their lack of experience. And there is some evidence that, in fact, experience is the greatest factor influencing a client’s choice of attorney.7 However, other critical aspects, such as attorney responsiveness to client questions and communications, also play a critical role in client choice. 8 By highlighting aspects of one’s practice that are on the radar of clients, even the newest of attorneys can differentiate themselves in some way from established competitors. Finally, once a well-crafted website is developed, it’s important to drive traffic to that site. The single most critical factor in this regard is search engine optimization (SEO). This technical term essential refers to the optimization of keywords, titles, and links within a website that make it turn up on more searches on Google, Bing, or other search engines. In its simplest form, search engines may be viewed as the librarians of the internet, and SEO may be viewed as a way of providing more information to enable those librarians to find your website. Such optimization is critical because it can help websites show up on the first page of search results, and sites listed on the first page of a Google search generate 92% of all traffic.9

How does one maximize SEO? The key to higher rankings is making sure your website has the “ingredients” that search engines need for their search algorithm. There are several key elements to keep in mind.10 To begin with, words should be chosen carefully for the titles, headers and text of the site. Search engines focus exclusively on the words entered in a given search, and they produce results that almost exclusively contain those words. As such it’s important to be attuned to how your prospective clients search for you. In addition, the links between websites matter because one page linked to another is viewed as endorsing the other website as a source of good information. Links from reputable and well-known websites are given more weight by search engines than less reliable sites; therefore, links to websites such as Yelp and Facebook containing consumer reviews look really good to search engines. Lastly, the reputation of websites have a major impact on SEO. Websites that produce fresh content, such as articles or blogs, help establish such a reputation, and help a site rise within a search engine’s rankings. To those readers who are overwhelmed by this, you are not alone. Luckily most web developers are well-versed in SEO optimization, and will work with you to enhance a site for greatest effect. But, in the same way that a well-informed legal client can work more effectively with their attorney, so too can a technicallyinformed attorney seeking the help of a web developer. Above all, solo attorneys should take note of the importance of an online presence, and the simple, yet important ways to optimize that presence.  J. Mark Phillips, PhD, JD/MBA, is an Assistant Professor of Entrepreneurship at Belmont University’s Massey School of Business and founder of eEsquire.net, a website devoted to entrepreneurship in the legal industry. Mark holds a JD/MBA from New York University as well as a PhD in Entrepreneurship/Law Firm Management from George Washington University Business School.

(Endnotes) 1 Data based on a survey of 4,000 adult internet users, noting that the Pew Research Center found that 78% of the adult population use the internet. For more information about the study, see How Today’s Consumers Really Search for an Attorney (2012), http://cdn.lawyerist.com/ lawyerist/wp-content/uploads/2012/11/How_ Todays_Consumers_Really_Search_for_an_Attorney_102312.pdf . Data based on a FindLaw study conducted using a demographically-balanced survey of 1000 American adults with a margin of error of ± 3%. See FindLaw, How Do Clients Find Your Firm? Survey Says …the Internet(Apr. 18, 2014), http://www.lawyermarketing.com/blog/ how-do-clients-find-you-survey-sayson-theinternet;Thomson Reuters, Internet is Now the Most Popular Way to Find and Research a Lawyer, Says FindLaw Survey (Apr. 17, 2014), http:// thomsonreuters.com/press-releases/042014/ internet_lawyer_search_survey.

Id.

Data from a surveyed random sample of U.S. adults (385 unique responses to each of nine questions, giving total of 3,645 respondents). Chantelle Wallace, How Clients Use Legal Reviews (May 28, 2014), http://www.softwareadvice.com/legal/industryview/how-clients-uselegal-reviews-2014/.

Id.

Data based on study conducted by Chitika, Inc., an online advertising network. To quantify this study, Chitika Insights examined tens of millions of online ad impressions in which the user was referred to the page via a Google search. From the referring Google URL, Chitika is able to extract the position that the webpage was on within the prior search results page. From this information, Chitika can measure what percentage of Google traffic comes from each position of the search results page. The data set was drawn from a date range of May 21-17, 2013. See Chitka, The Value of Google Positioning (June 7, 2013), http://chitika.com/googlepositioning-value.

10 For a helpful primer on the topic, see Search Engine Land, What Is SEO/Search Engine Optimization (2015), http://searchengineland.com/ guide/what-is-seo.

Miles T. Martindale is a JD Candidate at Belmont Law School.

Nashville Bar Journal - February 2015

The Newspaper Boy Delivers Continued from page 9

The Lesson After Isom’s narrative returns full circle to Berkowitz’s office, Isom describes the rediscovery of his childhood neighborhood of Norwood and the negative impact 1960s “white flight” had on Birmingham communities. As part of his visits to Norwood, Isom learns after his father’s passing that he experienced his own transformation:

First edition hardcover copies available locally at independent book stores. Second edition hardback, paperback, and ebook formats by Hewlitt Publishing forthcoming spring 2015.

Unfortunately, my father did not learn until years later, the lesson Mrs. Miller tried to teach me in my adolescence—that it’s wrong to view an entire people as a monolithic and stereotypical group—that each person should be entitled to dignity and respect. For it is only when we come to know another and understand his viewpoints and his hopes and dreams that we begin to see the full commonality we share as human beings. It’s a lesson my father learned in his last years; and we are bound, each of us in turn, to learn the lesson in our time. The Newspaper Boy provides a glimpse of Birmingham life in the 1940s-1960s through the author’s confessional of personal racism and progression of thought. But, in the process, The Newspaper Boy demonstrates a universal message about the power of casual conversation, when coupled with kindness, as a catalyst for individual and social change.  Eleanor (Ellie) Wetzel is licensed to practice law in Tennessee and Indiana. She currently works for the Nashville Metro Davidson County State Trial Courts. Wetzel is grateful to Isom for taking time to be interviewed about his book, the writing process, and his personal transformation.

18 Nashville Bar Journal - February 2015

Isom in the 1950 Ford Custom Deluxe Sedan he won for selling papers. Picture taken on April 13, 1957, by Birmingham News photographer.

Chervis Isom, Helen Miller, and Vern Miller reunited in 2014. Isom selected the cover photo to make a statement about reading while also serving as a tribute to John McCullough Scott, his daughter-in-law’s uncle. The photo of Scott was taken in 1929. Scott was trained as a fighter pilot, serving in World War II. He was lost in the Pacific in 1943, at the age of 22.

NASHVILLE BAR ASSOCIATION Benefits of Membership

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

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

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

Nashville Bar Journal - February 2015

20 Nashville Bar Journal - February 2015

Nashville Bar Journal - February 2015

Disclosure J.D. Thomas has joined Waller Lansden Dortch & Davis, LLP as a partner. Thomas most recently served in the United States Attorney’s Office for the Middle District of Tennessee, where he focused on prosecuting healthcare fraud. He will practice in the government investigations and white collar sections. Thomas obtained his J.D. from the University of Virginia and received his B.S. in political science from Vassar College. I.C. (Jack) Waddey has joined Waller Lansden Dortch & Davis, LLP as partner. Jack has over 40 years of experience in IP counseling and litigation. He is joined at Waller by five additional IP attorneys, Larry Brantley, Andy Pitchford, Matthew Cox, Nate Bailey and Blake Bernard. Waddey earned his J.D. in 1970 from Georgetown University Law Center, where he served as associate editor of the Georgetown Law Journal. He earned a B.S. in Aerospace Engineering in 1965 from Auburn University. Tiffany N. Palmer has joined intellectual property law firm Patterson P.C as an associater. Palmer’s practice focuses on global patent and trademark prosecution and related counseling. She earned her Juris Doctor at the University of Alabama School of Law, where she was senior editor of Alabama Civil Rights and Civil Liberties Law Review. She was president of the Intellectual Property Law Society and a member of Bench and Bar Legal Honor Society, John A. Campbell Moot Court Board, and the Intellectual Property Moot Court Team. She served as a mentor in the Black Law Students’ Association. Palmer earned a Bachelor of Engineering in Chemical Engineering at Vanderbilt University in May 2009, where she was Chapter Vice President and Regional Membership Chair of the National Society of Black Engineers. 22 Nashville Bar Journal - February 2015

\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 Burr & Forman LLP announces the arrival of six partners to the firm’s Nashville office. The attorneys are: Matthew J. DeVries, Robert C. Goodrich, Jr., Garry K. Grooms, Madison L. Martin, Stephen H. Price and M. Clark Spoden. Johanna L. Jumper has been named as partner with Bradley Arant Boult Cummings LLP. Jumpter is a member of the Real Estate Practice Group. She represents developers, landlords, and tenants in all types of real estate transactions. She also has served equity investors in the purchase, reorganization, and sale of distressed assets. She earned her J.D. from the University of Tennessee College of Law and holds a B.A., cum laude, from Syracuse University. Caroline E. Sapp has joined The Law Offices of John Day, P.C. as an Associate. She will practice in the area of civil litigation. Recently, the Tennessee Supreme Court honored Sapp for her pro bono work when the high court designated her as a “Law Student for Justice.” Sapp earned her law degree at The University of Memphis, Cecil C. Humphreys School of Law and her B.S. and M.A. degrees at Tennessee Technological University in Cookeville, Tennessee. Katie Sayne has joined Thompson Law Group, PLLC as an associate attorney. Sayne graduated from University of Louisville Louis D. Brandeis School of Law. Her practice includes probate, family law, and estate planning.

John Kitch, Of Counsel with Cornelius & Collins, LLP and former NBA President, has been appointed to the Tennessee Board of Professional Responsibility for a threeyear term. The Board, comprised of nine lawyers and three non-lawyers statewide, serves the public and the legal profession by supervising the ethical conduct of attorneys, working to assist the legal profession to maintain high standards of skill and conduct, a commitment to the rules of professional conduct, and a desire to render useful and efficient legal services at affordable costs. Brad Sayles has joined Harwell Howard Hyne Gabbert & Manner, P.C. (h3gm) as a member of the firm’s Healthcare Practice Group. Sayles assists providers with state and federal regulatory compliance, including defending both individual practitioners and large corporations facing allegations of non-compliance with the Stark law, Anti-Kickback statute, 340B, and HIPAA. Sayles earned his J.D. from The University of Kentucky School of Law. He comes to h3gm from a wellknown Kentucky healthcare law firm. Nathaniel Greene has joined Harwell Howard Hyne Gabbert & Manner, P.C. (h3gm) as a member of the firm’s Corporate Practice Group, where he assists clients with a variety of complex legal issues including: secured and unsecured financing transactions; leasing, acquisition, disposition and financing of real estate and commercial properties; and general contract negotiation. Greene earned his J.D. from the University of Tennessee College of Law where he was an articles editor for the Tennessee Law Review and a research editor for Transactions: The Tennessee Journal of Business Law.

Welcome New NBA Members!

Ali Abdelati ATI Law Offices

Jennifer Arce Holladay Properties Brooke Baird Morgan & Akins, PLLC* Bradley Bald

Andrew Daugherty Nathan James Drake Dickinson Wright PLLC*

Lesli Paige Oliver Paul T. Housch Law Office

Lori Gaylon-John

Leila Prosper-Chartier

Chelsea Harrison

Lee Robinson

Ricardo Hernandez

John Brendan Russell Russell Real Estate Law, PLLC

Kimberly Macdonald

Lauren Braun

Kelly McLeod Baker, Donelson, Bearman, Caldwell & Berkowitz, PC*

Benjamin Brown Amber Buker Bradley Wayne Craig Lewis, Thomason, King, Krieg & Waldrop , P.C.*

Christopher Sabis United States Attorney's Office

Grace Ann Miller

Tyler Sanders Caroline Sapp Law Offices of John Day, P.C.*

Russell A. Newman

Kimberly Walsh Brianna L. Zook

2015 NBA Premier Members: Elizabeth A. Alexander Gail Vaughn Ashworth Joe P. Binkley Jr. Jonathan Bobbitt Charles Robert Bone Charles W. Bone Leilani Boulware Jay S. Bowen C. Dewey Branstetter Jr. Joe B. Brown Kenneth Sherman Byrd Kathryn Caudle Mark P. Chalos William T. Cheek III John Ray Clemmons Michael Clemons Dixie W. Cooper Patricia J. Cottrell Virginia Chase Crocker John A. Day Joy Day John Franklin Floyd Charles K. Grant John J. Griffin Jr. William L. Harbison Marian F. Harrison Aubrey B. Harwell Jr. Trey Harwell G. Miller Hogan II Paul T. Housch Margaret M. Huff Michael F. Jameson R. Jan Jennings Jordan S. Keller John D. Kitch William C. Koch Jr.

Irwin J. Kuhn Edward Dodson Lanquist Jr. Thomas W. Lawless Claudia Vettel Levy Randal S. Mashburn Carol L. McCoy Robert G. McDowell Jeffrey Mobley Marlene Eskind Moses Patricia Head Moskal Michael I. Mossman Dean Newton Mattison C. Painter Gregory J. Pease Tracy A. Powell David L. Raybin Jonathan E. Richardson Edgar M. Rothschild III Maria M. Salas Carolyn W. Schott Thomas J. Sherrard III Emily A. Shouse Saul A. Solomon John T. Spragens Michael G. Stewart James Gerard Stranch IV James G. Stranch III Hon. Aleta Arthur Trauger Irwin Bruce Venick Howard H. Vogel Michael J. Wall James L. Weatherly Jr. Peter Weiss Thomas V. White Larry R. Williams Nicholas S. Zeppos

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

* 100% Club

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

January Volunteers:

David Bullock Gina Crawley Tom Lawless Doug Pierce Joe Rusnak Nashville Bar Association members may send Disclosure announcements via email to nikki.gray@nashvillebar.org Submissions are subject to editing. Nashville Bar Journal - February 2015

Classifieds

office space

Office Space Germantown Office space for rent. Family association of attorneys in general practice. Restored historic house near Bicentennial Mall and the new Sounds stadium in Sulphur Dell. Large office available, and virtual office offered. Shared conference room, kitchen with free onsite parking. Call 615256-6681, ext 3

Office sharing Office sharing opportunity for attorney with small group of attorneys located at 305 14th Avenue North in Nashville. Convenient to courthouses with free on-site parking. Includes private office, reception area, conference room, library, kitchen, phone/ internet service and administrative support staff. Contact julie.mogan@305lawoffice.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.

Vacation Retals

For Sale or Lease Historic Office Bldg. For Sale or Lease: .8 Acres, corner lot with traffic light. 3400 sq. ft. 12 minutes from Courthouse, ample parking and ample on-site storage. Quick access to Opryland, Airport, hospital, and all interstates. 1215 Gallatin Rd. S. Contact Steve North, 615-860-7644; stevenorth@comcast.net 2 Blocks from courthouse Class A office space for rent in trendy residential area 2 blocks from courthouse. Three attorney offices. Traditional style with hardwood floors throughout, wide molding, exotic granite countertops & elegant alabaster sconce lights. Includes lobby, conference room, work room, two large secretarial stations, kitchinette and telephone system. Free parking. Covered parking available. Contact Carl Neuhoff, HND Realty LLC. 297-7711 / 390-6186 / c.neuhoff @hndllc.com

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

Would You Put That In Writing? Certified Forensic Document Examiner Handwriting Identification & Analysis Expert Witness – 30 Years of Experience Qualified in Federal, State and Local Courts High Level of Professionalism Strict Rules on Client Confidentiality Delivery Deadline Observed Marty Pearce, CDE, CGA E-mail: martypearce@comcast.net 615-884-0363 or 888-640-1001

THOMAS F. BLOOM, J.D. (Emory 1977) (615) 260-5952; www.bloomappeals.com Retained by attorneys throughout the State for 29 years to draft briefs and/or argue cases in over 400 appeals, State and Federal. Research assistance also available. Quality Guaranteed at reasonable cost. References available upon request.

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24 Nashville Bar Journal - February 2015

Elder Law Practice of Timothy L. Takacs .................................................... Back Cover IPSCO ............................. Inside Front Cover First Tennessee Bank ................................. 21 M. Lee Smith .................... Inside Back Cover NBA YLD Race Judicata .......................... 20 NBA Career Center .................................. 24 Thomas F. Bloom, JD ............................... 24

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

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

Advertising: Contact Tina Ashford at (615) 242-9272 or tina.ashford@nashvillebar.org Classified Advertising: Rates: $75 for the first 50 words and $1 for each additional word. Available Sections: Expert Witness, For Sale, Forensic Document Examiner, Technical Support Services, Office Space, Litigation Services, Office Sharing, Vacation Rentals and Accounting.

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

Elder Law Practice of Timothy L. Takacs

Aging is inevitable The nursing home crisis is optional. All it takes is a Life Care Plan.

A Life Care Plan helps protect family assets, get the best possible care and create a plan of action for the future. Our skilled, experienced and compassionate professionals will empower your clients to protect elderly loved ones’ financial rights, legal rights, eligibility for public benefits, quality of life and more —now and in the future.

Help your clients avoid the crisis. Refer them to Elder Law Practice of Timothy L. Takacs. For two decades, improving quality of life for elders and the families who love and care for them has been our primary focus. We can help your clients, too.

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

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