Nashville Bar Journal | June 2015

Nashville Bar Journal

JUNE 15- VOL 15, NO. 5

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--------------------------------------------------------------• Attorney Listings For All Davidson County & Surrounding Communities --------------------------------------------------------------• Over 500 New Member Photos --------------------------------------------------------------• Comprehensive Court Listings --------------------------------------------------------------• Field of Practice Listings --------------------------------------------------------------• Firm Listings --------------------------------------------------------------• Listings For All NBA Boards & Officers --------------------------------------------------------------• Committee Information --------------------------------------------------------------• NBA By-Laws & More ---------------------------------------------------------------

NASHVILLE BAR ASSOCIATION

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

Departments

Articles 6 Six Degrees of Separation

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Carol L. McCoy

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8 Law Day Summary 10 Law Day Speech - Mayor Karl Dean

14 The Law of Unintended Consequences: Avoiding the Health Care Liability

CENTER SECTION

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Act Booby Trap

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Columns

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Gadget of the Month

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

Communique • Golf Tournament Results • Brews for Backpacks • LRIS • Golden Oldie • Upcoming Events

CONTINUING LEGAL EDUCATION

Daniel A. Horwitz

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From the President

100% CLUB MEMBERS Disclosure - Announcements • Kudos • People on the Move • Firm News • In Memory Classified Listings

Golden Oldie 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 JUNE 16 - 12 PM CLE: Court of Workers' Compensation Claims & Appeal Board

JUNE 30 - 9 AM CLE: What to Expect at the Courthouse

JUNE 16 - 12 PM Ethics Committee Meeting

JULY 2 - 12 PM Diversity Committee

JUNE 16 - 5 PM NBA Happy Hour

JULY 3 - 12 PM NBA CLosed July 4th Holiday

JUNE 18 - 4:30 PM Executive Committee Meeting JUNE 29 - 9 AM CLE: What to Expect at the Courthouse

JULY 7 - 3:30 PM Finance Committee Meeting

JULY 7 - 4:30 PM Executive Committee Meeting JULY 7 - 6 - 9 PM Dial-A-Lawyer JULY 8 - 11:30 AM Historical Committee Meeting JULY 8 - 11:30 AM NALS Meeting JULY 14 - 10:30 AM LAW Board JULY 15 - 12 PM Memorial Service Committee

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

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 Monica Mackie 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 - June 2015

From the President Pay it Forward, or If Young Lawyers Are Not Getting it that Is Our Fault by:

Edward D. Lanquist, Jr.

When I started practicing law in 1988, I was lucky to get my start at Manier Herod Hollabaugh and Smith. For you loyal readers you will probably remember that I was glad to be able to drink at the firm bar for free and to listen to stories told by more senior attorneys. But I was also lucky to have two good mentors – Mark Patterson and Greg Cashion. Both Mark and Greg remain my friends and continue to mentor other lawyers. They taught me how to practice law professionally and profitably. They helped form me so you can blame them. Other lawyers have not had the luck to have mentors, much less good mentors.

Starting in the 1980’s and continuing today, the emphasis on law firm profitability has required that senior lawyers become more profitable and mentor less. This type of legal managed care may be good for the short-term profitability of a firm but has done little if anything to improve the profession and, I would submit, is not beneficial to the long term health of firm profitability. Attorneys become more profit centers and less profession centers.

In 2007-2008, the entire legal economy changed because of the recession. Company executives started looking at ways to reduce legal budgets. Clients started to demand cost savings. More common work than ever was let out for bid. Bills were scrutinized, legal fees were cut. As a result, law firms down sized. Lawyers were let go. Law students saw offers pulled. The number of legal jobs reduced. Lawyers left the profession.

Others hung out their shingles. The number of small firms in Nashville and across the country has increased at a rate exceeding the number of lawyers graduating from law school. We have more and more solos and small firms than ever. These solos and small firm lawyers are less likely to have a mentor. Lawyers in larger firms are pressured more than ever to produce financially leaving less time for mentoring. Thus mentoring is at an all-time low.

There have been many private efforts to encourage mentoring, the most successful of which are probably in the criminal law area of practice. Rich McGee hosts a group of criminal defense lawyers on a regular basis. David Raybin will take a call from just about anyone having a question. There are many others. Firms have attempted to varying levels of success to implement internal mentoring. Unfortunately, busier lawyers are required to react to solve client problems as opposed to acting to impart wisdom gained through experience.

So what can we do? Here is another reason to never eat lunch at your desk. We all know that networking is good for our practice in that it helps develop referral sources and business. Too many times we think of networking in too narrow of a frame work and limit it to people who can give us work immediately. Instead, we should think about playing the long game. The person you are meeting may not have work for you now but may have it sometime in the future. I admit that I am espousing the economic benefits of networking here but these meetings can also promote our profession through mentoring. Business development experts preach that networking should be based upon how you can benefit the other person as opposed to how they can help you. By mentoring and helping someone now, you are laying the foundation for a good long term professional and profitable relationship. These less experienced lawyers will have clients who need your services. By helping them now, they can help you in the future.

2015 NBA BOARD OF DIRECTORS

The bar has made several attempts to encourage mentoring. I was fortunate to be a member of a mentoring group established by the NBA years ago. The model included senior and middle level attorneys partnered with a group of junior attorneys. One benefit to me was that I got to know Justice Bill Harbison, a great lawyer and judge. I learned much about the history of the practice and professionalism. The funding for the program eventually ran out.

A few years ago, the NBA started a program call Lawyer to Lawyer in which a pool of senior lawyers was created. The mentors were asked to list some areas of expertise. Younger lawyers wanting to participate could join the program and ask any mentor questions. At the encouragement of Judge Phillip Smith, this program is being reinstituted and reinvigorated. A call will go out for new mentors. The program will be publicized to younger lawyers. Please sign up to be a mentor if eligible. If you receive a call, please place yourself in the position of the mentee.

They may know some of the questions to ask and not know others to ask.

On a regular basis, older lawyers complain to me that new lawyers are not getting it. Unless we help them understand what “it” is, we will continue to have those complaints. By taking the important time to mentor, we can make sure that new lawyers get “it” and that they will help later lawyers get it as well. n

Meeting Space @ the NBA CENTER

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

The NBA Center is available for you to host meetings, arbitrations, depositions, and other events. Meeting space at the NBA Offices is available at a discounted rate for our members, and half-day sessions are free. The coffee is always warm.

Members may also use the NBA’s Guest Attorney Office when they need an “office away from the office” with internet and phone access.

Contact Vicki Shoulders at vicki.shoulders@nashvillebar.org and indicate the date, time and meeting room preference. Meeting space is subject to availability.

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? https://www.facebook.com /NashvilleBarAssociation

@theNashvilleBar

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 - June 2015

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communiquĂŠ 2015 Golf Tournament May 14, 2015 - The Nashville Bar Association & Nashville Bar Foundation Annual Golf Tournament was held this year at the Vanderbilt Legends Club in Franklin, TN. The tournament drew 21 teams that participated in a 4-person scramble.

1st Flight First place: Ben Bodzy, Mark Donnell, Michael Ewing, Will Helou Second place: David Changas, Dale Crow, Jonathan Henderson, Sam Jackson 2nd Flight First place: Chris Allen, Bart Boozer, Branch Howard, Bryan Howard Second place: Lester Demaree, Ben Harrison, Brian Holmes, Blake Matthews Longest Drive: Rick Humbracht Mark Donnell Closest to Pin: Kiel Fisher Charlie Malone

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Nashville Bar Journal - June 2015

Hole Sponsors Bart Durham Injury Law Bass Berry & Sims Bradley Arant Boult Cummings Butler Snow Evans, Jones and Reynolds Nashville School of Law Neal & Harwell Patterson Intellectual Property Law Sherrard & Roe Sims|Funk Thompson Burton Tom Lawless Waypoint Law

Golf Cart Sponsors IPSCO Alpha Court Reporting On-Course Sponsor Bernard Health

Lawyer Referral & Information Service From April of 2014 to April of 2015, the LRIS attorneys have earned close to half a million dollars from clients they’ve received from the service.

When you join the LRIS, your practice benefits from the marketing and advertising programs.

Currently, LRIS reaches potential clients through advertising in the Yellow Pages as well as Google AdWords campaigns. Clients are referred to us through a variety of sources including the courts, Office of the Attorney General, employee assistance programs and other Bar Associations.

Please contact Wendy Cozby at wendy.cozby@ nashvillebar.org or 615-242-9272 or if you have any questions.Â

-Golden Oldies

JUNE 16 NBA Happy Hour @ Dodson Parker Behm & Capparella, PC 5-6:30 PM RSVP: traci.hollandsworth@nashvillebar.org

Michael Mossman correctly identified the individuals in the May 2015 Golden Oldies photo.

Pictured are: Sam Schlanger and Jack Butler

UPCOMING EVENTS: JUNE 16 NBA Happy Hour @ Dodson Parker Behm & Capparella, PC 5-6:30 PM

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-----------------------------------------------------------JULY 9 Brews for Backpacks @ Craft Brewed 5:30-8 PM Backpacks collected will be donated to the Department of Children's Services

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August 1 Carbolic Smoke Ball @ Sutler Saloon

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Nashville Bar Journal - June 2015

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Six Degrees of Separation by:

Carol L. McCoy The practice of law requires mastery of numerous procedural and substantive laws. The skilled lawyer studies three years in law school and then attends continuing legal education courses throughout the years. Generally, a practitioner concentrates on specific areas of the law and gradually, he or she develops an expertise in those areas. The time and effort needed to master a specialty and the demands of work-related pursuits usually results in a deferral of personal activities.

The psychological pressure involved in properly researching a legal issue, finalizing a brief or meeting a discovery deadline can weigh heavily on lawyers. The Tennessee Lawyers Assistance Program (TLAP) and the Nashville Bar Association’s Lawyers Concerned for Lawyers Committee were established to help lawyers handle anxiety, stress, burnout, depression and suicide, anger management, cognitive impairment, substance abuse, grief and loss, or balancing the needs of one’s practice and family. These excellent resources are essential to a well-balanced life, a life in which one’s work is complemented by one’s leisure. To promote that well-being and balance, Chancery Courts Part I and II in Davidson County have welcomed to the Courthouse a pilot program sponsored by the Healing Arts Project, Inc. HAPI. HAPI’s mission is to provide an avenue for persons in mental health and addiction recovery programs to express their creativity through a wide range of artistic endeavors. It seeks to raise awareness in the Nashville community and to help combat the stigma surrounding these disorders, thus promoting understanding, acceptance and success.

The pilot program began over a year ago when Chancellor Claudia Bonnyman obtained permission from the Mayor’s office to hang the art work of HAPI artists/participants. Throughout this article appear samples of the art work that hang outside the two courtrooms, demonstrating the quality and variety of the creations. Lawyers and litigants have the opportunity to read the artists’ comments posted beneath each art work and to reflect on the solace and comfort achieved by all of the artists through their work. Even though serious matters are discussed in the courtrooms and outside in the halls, these works of art offer a reminder that those struggling with personal challenges can find an outlet that enriches not only their lives but the lives of many others.

HAPI provides art classes and art supplies, sponsors art exhibitions, and supports creative expression in visual arts, writing, crafts and music for over 300 talented artists in mental health and addiction recovery programs in Middle Tennessee. With the help of HAPI, art from those in recovery has found a wider audience here at the Courthouse. This non-profit member of the Community Foundation rotates the Courthouse exhibits periodically, changing the art work, but not HAPI’s mission.

Just as TLAP and the NBA Lawyers Concerned for Lawyers Committee seek to ease the harmful side effects of practicing law, HAPI does the same for its clientele. All these groups are related to a common purpose, and they may find that there is not six degrees of separation between art and the law. On the fourth floor of the Metro Courthouse, their mutual goals unite. Take a moment out of your busy schedule, stop by the fourth floor and enjoy a respite in this little gallery 

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Barbara Shirley "Lighthouse"

Kathy Tupper "Rounddown"

Bettina Wortham "Villa on the Rocks"

John L. Butts, Jr. "Realistic Abstract"

Nashville Bar Journal - June 2015

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Law Day Summary Approximately 400 attorneys gathered at the Downtown Renaissance Hotel on May 1st to celebrate Law Day. Judge Frank Clement, who served as the Master of Ceremonies, welcomed the attendees and provided introductory remarks about this year’s Law Day theme, "Magna Carta: Symbol of Freedom Under Law." Judge Clement thanked the firm sponsors who supported today’s program designed to recognize and celebrate the positive actions and contributions of many good people in the Nashville legal community.

Such recognition began with Lucinda Smith, Director of the Volunteer Lawyers Program, and continued with Gary Housepian, Legal Aid Society Executive Director, who thanked all those who participated so far in the Campaign for Equal Justice, including the contributions of the Leadership Cabinet firms (those giving $400 per attorney).

Gil Schuette, Co-Chair of the Young Lawyers Division Law Week Committee, then turned the focus to our youth, presenting awards to this year’s YLD Art & Essay winners. Art contests winners are Campbell Nielsen-Stosik, Lucian Bahan and Tanner Lucille Sloss (all 2nd graders from Lockeland Design Elementary Center) and Kimberley Jordan Hutson (7th grade at Bellevue Middle School), Katherine Wright (7th grade at Bellevue Middle School) and Genevieve Jean-Pierre (6th grade at Head Middle Magnet School). Sarahi Lara Gomez, a junior at Hunters Lane High School, won the essay contest.

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Cornell Kennedy, Co-Chair of the NBA Diversity Committee, then presented the Diversity Committee Employer Recognition Awards. These awards are part of the Nashville Bar Association’s Diversity Committee Program and were created in 1994, to honor law firms and organizations that have demonstrated a continued commitment to enhancing diversity and access to professional success. Elements of the program include hiring diverse summer clerks and high school interns through the NBA programs, hiring diverse lawyers, and developing joint ventures or making referrals to diverse lawyers. The program includes three levels of recognition, depending on the level of participation: Leadership Award, Sponsorship Award, and Participant Award. Kennedy presented the following awards on behalf of the Diversity Committee: Leadership Awards—Asurion; Baker Donelson Bearman Caldwell & Berkowitz, PC; Bass Berry & Sims, PLC; Bone McAllester Norton, PLLC; Bradley Arant Boult Cummings, LLP; Butler Snow, LLP; Nashville Electric Service; Office of the District Attorney General; Office of the Metro Public Defender; Office of the Tennessee Attorney General; and Waller. Sponsorship Awards— Bridgestone Americas, Inc.; Dickinson Wright, PLLC; and Sherrard & Roe, PLC. Participant Awards— Cornelius & Collins, LLP; Harwell Howard Hyne Gabbert & Manner, PC; and Lewis Thomason.

NBA President, Ed Lanquist, welcomed Herman Hicks, the representative in attendance from the NBA’s Official Bank Sponsor, First Tennessee Bank. He then welcomed our guests from Graduating Class of the Nashville Bar Foundation Leadership Forum. This new leadership program started by John Tarpley, Gail Ashworth and Bob Mendes, offers an innovative opportunity to learn, collaborate, network and serve the local community and the legal profession. Twenty five lawyers who practice in Davidson County with three to eight years of experience were chosen to participate. Leadership Forum encourages diversity

in the practice of law and helps build relationships among attorneys with diverse backgrounds and practices. This leadership program provides a unique setting and develops leadership skills through monthly workshops and activities focusing on local legal and community issues. Today, they will graduate from the nine month program.

Lanquist then presented President’s Awards to Vowell and Jennings. In 2011, the Nashville Bar Association – through its Historical Committee – began an Oral History Program. This program is aimed at obtaining as many audio-visual oral histories of the NBA’s senior attorneys as possible in order that their rich experiences in practice and the “affairs of the day” might be preserved for posterity and research. To make this program work, members of the Historical Committee donate their time to prepare for – and take – these oral history interviews. In some instances, the Historical Committee recruits fellow bar members to do the oral history interviews. To date, approximately 35 oral histories have been taken and the computer discs of the interviews are being kept at the Metropolitan Library and Archives, the Tennessee Bar Foundation, and at our NBA offices.

Importantly, it would not be financially possible for this history project to exist without the donation of videographer time to take and edit the oral histories. Each oral history requires a minimum of three hours of time to attend the interview, edit the tape, and produce the final CD for archiving. Over the past four years, the court reporting firm of Vowell & Jennings, along with their videographer Chris Massey, have donated more than $20,000 in videography time to the NBA to assist in the Oral History Program. This is an incredible and valuable gift from Jim Vowell, Gene Jennings, and videographer Chris Massey. It deserves our thanks and our special recognition for services to our bar association and membership.

Lanquist then introduced the keynote speaker, Mayor Karl Dean. Mayor Dean discussed that Nashville needs to be a city of opportunity for everyone. It needs to be a place where people can get a highquality education and find a good job.

But Nashville also needs to be a place that works intentionally to fulfill the American creed, the promise that this is a city where anyone can reinvent him or herself, a place where anyone can come and pursue the American Dream. Nashville is both more diverse and more accepting of diversity than ever before. In 2012, Nashville had the fastest-growing immigrant population of any American city. Today, 12% of its population was born outside of the United States, and nearly half of our immigrants entered the country since the year 2000.

Nashville immigrants make up 29% of Main Street business owners. Mayor Dean discussed the Pathway for New Americans, a partnership with the federal government which makes some of Nashville’s libraries and community centers the first stop on the path to citizenship for the more than 18,000 lawful permanent residents in Nashville who are eligible to become citizens but haven’t yet. Mayor Dean also discussed the importance of education and the needs to further decrease domestic violence.

Photos from the event are available online at www.nashvillebar.org. 

Nashville Bar Journal - June 2015

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Law Day Speech - Mayor Karl Dean Thank you, Ed, for that kind introduction, and thank you for all that you and the other members of the bar association do for our city.

Those numbers illustrate how quickly our city is changing — which is great for Nashville.

It is good to be back at another annual Law Day celebration with so many of my old courthouse friends.

We welcome people of all colors and nationalities into our community, because it’s the right thing to do.

I enjoy this opportunity each year to talk frankly and sincerely about the crossover between the issues that matter to us as attorneys and the issues that affect the city as a whole.

Yesterday I gave my final State of Metro address – some of you may have been there.

In that speech I talked about how Nashville needs to be a city of opportunity for everyone. It needs to be a place where people can get a high-quality education and find a good job.

But Nashville also needs to be a place that works intentionally to fulfill the American creed, the promise that this is a city where anyone can reinvent him or herself, a place where anyone can come and pursue the American Dream.

Today’s Nashville is not the Nashville of fifty or twenty or even eight years ago when I took office, and that’s a good thing.

This is a city that’s both more diverse and more accepting of diversity than ever before.

In 2012, Nashville had the fastest-growing immigrant population of any American city.

Today, 12% of our population was born outside of the United States, and nearly half of our immigrants entered the country since the year 2000.

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It’s also the smart thing to do. We know immigrants make positive contributions to our economy. Cities of the future will look like the city Nashville is becoming.

Over the next 20 years, immigrants and their children will account for 85% of the net growth in the U.S. labor force.

Nationwide, immigrants start 28% of all new businesses, although they are only 13% of our population.

Here in Nashville immigrants make up an impressive 29% of Main Street business owners.

They own the restaurants and businesses that give our neighborhoods character, the grocery stores and coffee shops that bring in new residents and new visitors.

They create jobs for our city, and we need to do all that we can to help them thrive.

That is why I was so disappointed last week when our state legislature failed by one vote to pass tuition equality legislation.

As many of you know, tuition equality would have

allowed thousands of undocumented Tennessee students to pay in-state college tuition. Currently, they have to pay out of state tuition, which is three times as much.

This failure of leadership at the state level has put a college education out of reach for many Nashville students. And I think that vote was a huge mistake.

These young people would be a huge economic boon for our state – creating businesses, creating opportunity, creating jobs.

If Nashville is going to continue to move forward, we HAVE to move forward as one community. We HAVE to move forward together.

While I can’t control the state legislature, we have done a lot as a city to make sure that we are welcoming and providing opportunities for the immigrants and refugees who are choosing to make Nashville their home.

This is why last fall I created the Office of New Americans. It is one of the first of its kind in the country.

That office runs a number of programs to help bridge gaps between our government and our newest residents. Some of these programs have gained national recognition, such as MyCity Academy, a leadership training program that helps New Americans understand and participate in our government.

During this 7-month program, participants meet with me and with representatives from many of our Metro departments to gain a better understanding of how government works FOR them.

They learn how laws are made and enforced, how our water is purified, how to take a public bus and more.

By the end, they probably know more

about how our government works than many of us sitting in this room.

My office also launched Pathway for New Americans, a partnership with the federal government. It makes some of our libraries and community centers the first stop on the path to citizenship for the more than 18,000 lawful permanent residents in Nashville who are eligible to become citizens but haven’t yet.

These kinds of programs help our newest residents understand that they are welcome here.

As Mayor, I am proud of many things about our city. But one of the things that makes me proudest is that we are a city that understands we’re at our best when we’re opening doors rather than closing them.

every school, in every neighborhood.

Our children depend on their schools and their teachers for the knowledge and the skills that can change their lives.

We can’t afford to let our students down.

We can’t afford to waste any more time before we start making all of our schools the kinds of schools that any of us would feel comfortable sending our children to every day.

We have to make sure every year of school is a building block, and not a stumbling block, in every child’s future.

Immigrants aren’t the only people we need to be ready to help. Indigent defense is another area in which each of us can make a big difference.

That is why we have invested funds for programs like the Mayor’s Scholars Academy, which we host every summer in our high schools to offer academic and enrichment activities to students who may not otherwise aspire to go to college so they can gain the tools they need to do so. This academy is totally free – including transportation, meals and field trips to colleges.

No matter how much money someone has, even if they don’t have any money at all, they have a right to a good attorney. We need to make sure the poor and the destitute are as well represented as everyone else.

Another program I am very proud of is Nashville After Zone Alliance, which offers free after-school activities for our middle school students – and we all know that is a critical time in their lives.

There are no throwaway lives in our community. Everyone has value. Everyone deserves respect, and everyone deserves a chance.

In addition to being intentional about the services provided to immigrants and refugees, it’s important that we are intentional about the services that we are providing to domestic violence victims.

Working as the Public Defender, I met a lot of kids who were in trouble who easily could have gone down a different path had they had better options. That taught me more than anything how essential it is that every child get a high-quality education.

That is why, as you well know, education has remained my top priority for the past eight years.

Every year of school is a critical year. A child only gets one shot at third grade, one shot at seventh grade, one shot at 10th grade. So we have to get every year right, at

In my work to make Nashville the safest city for women and girls, we brought together over 100 community members to assess how Metro government can improve victim safety and offender accountability.

That assessment took two years and contained well over 100 recommendations on how we can improve our law enforcement Continued on Page 13 

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

MONTH

A TALE OF TWO WATCHES

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

This month, we compare the Apple Watch to Android Wear watches. This is really more of a comparison of Android Wear software and Apple Watch software and their respective interaction with a Tethered Smartphone.

There are several Android Wear watch models. Bill has compared his LG G Watch to his Apple Watch. Phillip compared his Moto Smartwatch to Bill's Apple Watch. Unfortunately, neither of us has the LG Watch Urbane, the only Android Wear Smartwatch that runs the latest version of Android. That watch has features that rival, and sometimes exceed, those of its trendy Apple rival.

Both types of watches have numerous functions that are the same, or very similar. For example, you can answer telephone calls on your Apple Watch. You can answer telephone calls on most Android watches. You can track fitness and health data with both types of watches. You can read and review emails on both types of watches. You can read and review texts on both types of watches. You can listen to voicemails on both types of watches.

You can look at your calendar on both types of watches. Both watches provide a plethora of notifications. However, the actual functionality of these features can vary significantly.

Given the functionality of both types of watches, you will immediately be recognized as having the ultimate in “geeky cool” when wearing a smartwatch on your wrist. Your friends will be so jealous….just don’t get a tattoo on the wrist where you sport your Apple Watch. (Apparently, a tattoo interferes with some of the Apple Heath-app functionality. (I guess Bill shouldn’t have gotten the “I Apple” tattoo last year.)  Not surprisingly, you can tell time on both watches. There is not a whole lot of difference between the two types of watches in this area. They are watches, after all. Both have watch-face patterns that are highly customizable. Along with the time, the watch faces can be customized to show additional information such as date, weather, remaining battery life, appointments, etc. Android watches probably have more options for actual watch faces, but both have a wide variety available.

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Probably the area of greatest difference is how each watch deals with notifications. On Android watches, notifications show up as Google “cards” that are in a list as they are received. You can dismiss each one of them with a swipe, or you can tap on the item to open them up and/ or open them up in the relevant application on the phone itself. The Apple Watch handles notifications differently and is not quite as intrusive. The notifications appear briefly on the display, and then go away. If you want to see them, you find them with a swipe down from the top, and then you can dismiss them. Most notifications can be responded to directly from the Apple Watch itself by using voice dictation or preset message.

Both types of watches accept voice commands. The Apple Watch accepts commands through Siri. The Android accept commands via “Okay Google.” Both voice command systems work very well. You can ask your watch for directions, via either Google Now or Siri, and turn-by-turn directions and a map will appear on your Smartwatch. This feature can become very handy while you are walking down the street or, if you are careful, while you are driving.

Law Day Speech - Mayor Karl Dean Continued from page 11 Bill & Phil's Gadget of the Month: A TALE OF TWO WATCHES Continued from page 12

and criminal justice systems. Since the release of that report over a year ago, we have been working hard to accomplish those recommendations.

Both watches have a wide variety of applications that are available, such as fitness tracking for calories burned, heart rate monitoring, steps taken, etc. (Apple even tells you to stand up if it thinks you have been idle too long.) Both watches have mail, calendar, OneNote, Evernote, etc. It is in this area that the Apple Watch has a distinct advantage.

There are many more apps available on the Apple Watch, and you can easily customize which ones are available. You can also push down the bezel on the right side of the Apple Watch, and it will open up a screen with all of your applications on it. You can rotate the bezel to make the icons larger so they are easier to select. You can pay for items with Apple Pay on your Apple Watch; you can order an Uber Ride; you can play music directly from your iTunes library, and so on.

One of the items in that report that really stood out to me was how victims need a safe and supportive place to wait for court.

Because of the distinct advantage the Apple Watch has in the application area and the simplicity of customizing which applications are available, Bill prefers the Apple Watch to any of the Android watches he has seen. Phillip (the Apple “hater”), on the other hand, believes that very soon the Android watches will overtake the Apple Watch in functionality because Android is an open platform and allows for more rapid development. For example, Android 5.1 Lollipop allows Wi-Fi support for the watch so that your watch can sync to your phone via Wi-Fi without a Bluetooth connection.

The Family Justice Center model is recognized as a best practice in the field of domestic violence intervention and prevention services by the United States Department of Justice, and it’s a priority for both my office and the Governor’s Office.

Time will tell, no pun intended. For now, Apple is clearly in the lead. The Apple Watch has outsold all of the varieties and flavors of Android watches combined.

One year ago, Bill swore he would never wear something as silly as a Smartwatch. Now, as you can see from the picture, he is wearing two at a time, and he loves them both. If we are any indication of the future, soon there will be as many Smartwatches out there as there are Smartphones. 

See you next month, —Bill & Phil

This is why, this past September, we opened the Jean Crowe Victim Advocacy Center in the Ben West Building. This Center is not only a separate and safe place for victims to wait for court but also a place where victims can meet with an advocate and learn about strategies to stay safe and receive referrals and Order of Protection Assistance.

This Center assists over 250 victims per month.

Expanding upon the success of the Jean Crowe Advocacy Center, with Council approval we will be building a new Family Justice Center on Murfreesboro Road.

Once opened, this Center will not only assist domestic violence victims but sexual assault and child abuse victims as well … because as we know, those crimes are not mutually exclusive.

We plan for this Center to house three divisions of the Police Department (the Domestic Violence Division, Criminal Investigations and Youth Services). The Nashville Children’s Alliance and an Office of the Tennessee Department of Children Services plan to move in as well. Drop-in workspace will also be provided to the District Attorney’s Office, the YWCA, Morningstar Sanctuary, Family and Children Services, Legal Aid Society and the Martha O’Bryan Center as well.

I am proud of all that we have accomplished together as it relates to becoming a city of opportunity for all – and a city that’s more diverse and more supportive of the most vulnerable among us.  Thank you.

Nashville Bar Journal - June 2015

13

Feature

The Law of Unintended Consequences: Avoiding the Health Care Liability Act Booby Trap by:

Daniel A. Horwitz

In 2009, interest groups representing both healthcare providers and injured patients worked together “to draft and pass” several amendments to Tennessee’s medical malpractice statute that aimed to improve medical malpractice litigation for all involved.1 According to the Tennessee Supreme Court, the goals of the 2009 amendments were “to give defendants written notice that a potential healthcare liability claim may be forthcoming,” to “facilitate early resolution of healthcare liability claims,” and to “equip defendants with the actual means to evaluate the substantive merits of a plaintiff’s claim by enabling early discovery of potential co-defendants and early access to a plaintiff’s medical records.”2 To accomplish these goals, the legislature required medical malpractice plaintiffs to satisfy six pre-suit “notice requirements,”3 and it further required plaintiffs to file a “certificate of good faith” with their complaints in cases in which expert testimony would eventually be required.4 Due to the myriad technical dismissals that resulted from these reforms, however, the 2009 amendments unexpectedly turned out to be red tape with fangs for medical malpractice plaintiffs. For example, since the 2009 amendments were enacted, many plaintiffs have seen otherwise valid medical malpractice claims—now referred to as “health care liability actions”5—barred forever due to their failure to file the requisite “certificate of good faith” at the proper time.6 More still have fallen prey to one or more of the pre-suit notice requirements created by the 2009 amendments, resulting in any number of Health Care Liability Act7 (HCLA) complaints being dismissed due to seemingly hyper-technical errors, such as sending a letter to a defendant via FedEx rather than USPS.8 Thus, what began as a laudable effort to improve medical malpractice litigation in Tennessee has instead created new procedural barriers that cause many cases to be dismissed on grounds that are completely unrelated to the merits of a plaintiff’s claim.

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In an effort to mitigate the harshness of this reality, the Tennessee Supreme Court has consistently held that dismissals brought about by a plaintiff’s failure to comply with the HCLA’s pre-trial notice requirements generally must be without prejudice.9 Thus, at least in theory, a plaintiff need only fix his mistake and then re-file his complaint in order to get his day in court—serving to delay a plaintiff’s potential recovery, but not altogether denying it.

What has gone largely unrecognized to this point, however, is a fatal litigation trap lurking beneath the HCLA’s surface that currently functions to transform even dismissals without prejudice into permanent bars to recovery. Specifically, based on the Tennessee Court of Appeals’ misreading of the Tennessee Supreme Court’s decision in Stevens ex rel. Stevens v. Hickman Community Health Care Services, Inc., the HCLA has been interpreted in such a way that it can be manipulated by defense practitioners to preclude recovery permanently whenever a health care liability plaintiff fails to comply with a pre-suit notice requirement. In the author’s view, the Tennessee Supreme Court should remedy this unintended consequence by holding that a plaintiff’s substantial compliance with the pre-suit notice requirements of Tenn.

Code Ann. § 29-26-121(a) as a whole is sufficient to earn the 120-day extension afforded by T.C.A. § 29-26-121(c).

The litigation trap at issue—explained in detail below—stems from asymmetrical knowledge as to the applicable statute of limitations in health care liability cases under circumstances when a plaintiff’s pre-trial notice letter does not substantially comply with one or more of the pre-suit notice requirements created by the 2009 amendments. First, in order to be able to file a health care liability complaint at all, a plaintiff must comply with all six of the HCLA’s pre-suit notice requirements.10 After complying with these requirements, a plaintiff then earns a 120-day extension to the HCLA’s one-year statute of limitations.11 Thus, in every health care liability action, plaintiffs’ attorneys operate under the assumption that they have 485 days— rather than 365 days—within which to file a complaint.

The problem, however, is that if a plaintiff’s attorney has erred in complying with one or more of the HCLA’s pre-suit notice requirements, then he almost invariably will not discover his error until the initial one-year statute of limitations has expired.12 The reason for this is simple: defense attorneys do not typically make a habit of alerting plaintiffs when they have erred (nor should they),13 and if a plaintiff’s attorney were going to fastidiously examine his pre-trial notice letter for technical errors, then it seems safe to assume that he would have done so before sending it, rather than afterward. As a result, plaintiffs who mistakenly fail to comply with one or more of the HCLA’s pre-suit notice requirements will almost always be operating under the erroneous belief that the statute of limitations has been extended by 120 days, when in fact it has not.14 In contrast, however, any defense attorney who notices that a plaintiff’s pre-suit notice letter is non-compliant will be aware that the plaintiff actually has not earned HCLA’s 120-day extension of the statute of limitations, and that the one-year statute of limitations still remains in effect.

Under such circumstances, in order to transform a dismissal without prejudice into one that “effectively operate[s] as a dismissal with prejudice because [the p] laintiff’s claim would be time-barred,”15 defense practitioners need only pretend to go through the motions of discovery, engage in mock settlement negotiations, or otherwise delay calling attention to a plaintiff’s pre-suit notice error until the plaintiff’s one-year filing deadline has elapsed. Thereafter, any subsequent dismissal—even a dismissal without prejudice—will function as a dismissal with prejudice because any re-filed complaint will necessarily fall beyond the applicable statute of limitations.16 Several published cases provide examples of such tactics being utilized in practice by defense attorneys in an effort to manufacture effective dismissals with prejudice.17 As one panel of the Court of Appeals has declaimed, however: “allowing a defendant to participate in discovery and negotiations while waiting to raise technical objections is not consistent with the purposes of the statutory requirements for filing medical malpractice lawsuits.”18 To illustrate how the situation described above might play out in practice, consider the following hypothetical scenario: A plaintiff suffers a serious injury as a result of a hospital’s grossly negligent medical treatment on January 1, 2015. On September 1, 2015, the plaintiff’s attorney attempts to comply with the HCLA’s six pre-suit notice requirements by sending the hospital a detailed letter providing notice of the plaintiff’s potential claim.

Upon sending this letter, the plaintiff’s attorney believes that his client’s one-year filing deadline has been extended by 120 days, and that the statute of limitations will now expire on May 1, 2016. After receiving the plaintiff’s pre-suit notice letter, however, the hospital realizes that it is technically deficient because the HIPAA authorization form included within it does not contain a written description of the attorney’s authority to act on the plaintiff’s behalf.19

If the applicable statute of limitations is not extended by 120 days under these unexceptional circumstances, then there is a strong chance that the plaintiff’s otherwise-meritorious lawsuit will become time-barred before the plaintiff’s attorney becomes aware of his mistake. Specifically, because the plaintiff’s attorney will be operating under the erroneous impression that he has until May 1, 2016—rather than January 1, 2016—to file his client’s complaint, he will not recognize the urgency of his need to file, and the applicable one-year statute of limitations will very likely expire before he does so. Consequently, under these circumstances, the hospital’s interest will not be to ask the plaintiff’s attorney to fix his mistake by furnishing a HIPAAcompliant authorization form. Instead, the hospital’s interest will be to provide preliminary discovery, to drag out mock settlement negotiations, or to engage in some other form of deliberate delay in the hopes that the plaintiff’s attorney will not discover his error in time to fix it. Moreover, because the plaintiff’s attorney usually will not become aware of his error until the defendant points it out in a motion to dismiss, the hospital’s tactics will probably succeed—resulting in the plaintiff’s eventual complaint being dismissed without prejudice, yet time-barred upon re-filing.

Notably, a version of this scenario actually took place in Stevens itself. In that case, a health care liability defendant ignored a plaintiff’s obviously non-compliant HIPAA authorization form for more than seven months after receiving it.20 Thereafter, however—and, of course, only after the plaintiff’s one-year statute of limitations had expired—the defendant emerged to insist that the plaintiff’s complaint must be dismissed because her medical authorization form was not HIPAA-compliant.21 Given that the Stevens plaintiff had indeed failed to furnish a HIPAA-compliant authorization form, the defendant ultimately Continued on Page 16 

Nashville Bar Journal - June 2015

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The Law of Unintended Consequences: Avoiding the Health Care Liability Act Booby Trap Continued from page 15

succeeded in having her complaint dismissed without prejudice.22 Whether the plaintiff’s complaint would be time-barred upon re-filing, however, was expressly left open by the Stevens Court. Specifically, the court noted: [The] Defendant argues that even if [the] Plaintiff’s claim is dismissed without prejudice, dismissing [the] Plaintiff’s claim in this case would effectively operate as a dismissal with prejudice because [the] Plaintiff’s claim would be timebarred. The trial court did not reach this issue and, accordingly, we decline to address it.23 Since the end of 2013, four separate courts—including three panels of the Tennessee Court of Appeals—have considered the question left open by Stevens, and each has assumed that Stevens stands for the proposition that virtually any claim that is dismissed without prejudice for lack of effective pre-suit notice will be time-barred upon re-filing.24 Although it is certainly possible that the Tennessee Supreme Court will ultimately adopt that viewpoint, however, it should not and need not do so. Instead, the Court should apply the substantial compliance doctrine—in layman’s terms, the rule that “close is close enough”—to the HCLA’s 120-day extension provision in precisely the same way that the Court has applied the substantial compliance doctrine to the HCLA’s individual pre-suit notice requirements.25 Specifically, the Court should hold that a plaintiff’s substantial compliance with the HCLA’s pre-suit notice requirements as a whole is sufficient to earn the 120-day extension afforded by T.C.A. § 29-26121(c), even if a plaintiff did not succeed in complying with each notice requirement individually. For example, in cases

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like Stevens and the hypothetical scenario presented above—where a plaintiff has successfully complied with all but one of the HCLA’s pre-suit notice requirements—the Tennessee Supreme Court should hold that plaintiffs have substantially complied with the HCLA’s notice requirements “as provided in this section,”26 and the one-year statute of limitations for filing health care liability actions should be extended by 120 days accordingly.

chambers of the General Assembly quite clearly believed that as a result of the 2009 amendments, both plaintiffs and defendants would be aware of the precise date when the statute of limitations would expire in health care liability cases.29 Given the information asymmetry that has been created by the Court of Appeals’ interpretation of Stevens, however, the Court of Appeals has completely undermined that assumption in many cases.

The immediate result of such a holding would be twofold. First, it would preclude the argument that a plaintiff’s complaint is automatically time-barred upon re-filing if it is filed after the initial one-year statute of limitations has elapsed. Second, it would allow plaintiffs who discover their technical notice errors upon receipt of a defendant’s motion to dismiss to voluntarily dismiss their initial complaints without prejudice, and then to re-file under the protection of Tennessee’s saving statute and Tenn. R. Civ. P. 41.01.27 Taken together, these results would helpfully further Tennessee’s strong public policy of disposing of litigation on its merits,28 rescuing any number of otherwise valid health care liability actions from unforeseen dismissals with prejudice in the process.

Second, if the Tennessee Supreme Court were to accept the Court of Appeals’ current interpretation of the question that it left open in Stevens, in many instances the HCLA would not serve to “encourag[e] the evaluation of the merits of a claim before the commencement of litigation and facilitat[e] early settlement,” as its authors intended.30 Instead, it would function to undermine dialogue between litigants by creating perverse litigation incentives that facilitate only mock settlement negotiations and delusive discovery. This result, too, would seriously undermine the purposes that the 2009 amendments were meant to accomplish.31

Most importantly, however, three separate reasons support the conclusion that the author’s suggested reading of Stevens—rather than the holding that has been adopted by the Tennessee Court of Appeals—is precisely what the legislature intended when it enacted the 2009 amendments.

First, the Court of Appeals’ current interpretation of the question left open in Stevens runs contrary to an express assumption made by several sponsors of the 2009 amendments during committee discussions about the bill’s likely effect in practice. Specifically, sponsors in both

Third, taken together, the overarching goals of the 2009 amendments were “to give defendants written notice that a potential healthcare liability claim may be forthcoming,” to “facilitate early resolution of healthcare liability claims,” and to “equip[] defendants with the actual means to evaluate the substantive merits of a plaintiff’s claim by enabling early discovery of potential co-defendants and early access to a plaintiff’s medical records.”32 In contrast, there is no indication whatsoever from Tenn. Code Ann. § 29-26-121’s text, purpose, or legislative history that the 2009 amendments were intended to create the fatal booby trap for unwary plaintiffs that they have recently become.33 Indeed, to the contrary, Tennessee law reflects a longstanding, consistent public policy that

favors resolving litigation on its merits, rather than promoting dismissals based on purely procedural grounds.34 Thus, in light of multiple legislators’ express indication that the above-described litigation trap was neither intended nor anticipated by the authors of the 2009 amendments,35 the Court of Appeals’ current interpretation of Stevens is not even tenable—much less statutorily compelled.

In conclusion, it is worth remembering that the use of technical procedural hurdles to prevent otherwise valid claims from being adjudicated on their merits is a relic of our past that has long since been retired.36 As Roscoe Pound, the preeminent former Dean of Harvard Law School, decried to the American Bar Association in 1906 about the “sporting theory of justice” in vogue at that time: The inquiry is not, [w] hat do substantive law and justice require?

Instead, the inquiry is, [h]ave the rules of the game been carried out strictly? If any material infraction is discovered . . . our sporting theory of justice awards new trials, or reverses judgments, or sustains demurrers in the interest of regular play.37 The legal system has evolved from these 19th and early 20th century notions of procedural justice, and it now reflects the broader understanding that “dismissals based on procedural grounds . . . run counter to the judicial system’s general objective of disposing of cases on the merits.”38 Given this reality, the Tennessee Supreme Court should take note of the fact that procedural pitfalls like the one that has been created by the Court

of Appeals undermine the fundamental purpose of the civil justice system as an institution. Consequently, the Tennessee Supreme Court should remedy this unintended consequence by holding that a plaintiff’s substantial compliance with the pre-suit notice requirements of Tenn.

Code Ann. § 29-26-121(a) as a whole is sufficient to earn the 120-day extension afforded by § 29-26-121(c), saving myriad plaintiffs from having their claims barred forever as a result of their attorneys’ purely technical and non-prejudicial procedural mistakes.  Daniel A. Horwitz is an appellate attorney in Nashville and a member of the Nashville Bar Association’s Appellate Practice Committee. Reach him at daniel.a.horwitz@gmail.com. The author expresses his thanks to R. Andrew Free, David Hudson and Mike Jameson for their thorough insight and thoughtful review.

(Endnotes) John A. Day, Med Mal Makeover 2009 Act Improves on 08: The New New Medical Malpractice Notice and Certificate of Good Faith Statutes, 45 Tenn. B.J. 7, 16 (2009), available at http://www.tba.org/sites/default/ files/journal_archives/2009/TBJ0709.pdf.

1

Stevens ex rel. Stevens v. Hickman Cmty. Health Care Servs., Inc., 418 S.W.3d 547, 554 (Tenn. 2013).

2

See Tenn. Code Ann. § 29-26-121(a)(1)-(2) (2013). See also Stevens, 418 S.W.3d at 554 (“Tenn.

Code Ann. § 29-26-121(a) establishes six separate requirements that serve related yet ultimately distinct goals.”).

3

See Tenn. Code Ann.. § 29-26-122(a) (2012) (“In any health care liability action in which expert testimony is required by § 29-26-115, the plaintiff or plaintiff's counsel shall file a certificate of good faith with the complaint.”).

4

See Hamilton v. Abercrombie Radiological Consultants, Inc., No. E2014-00433-COA-R3-CV, 2014 WL 7117802, at *1 n.1 (Tenn. Ct. App. Dec. 15, 2014) (“[E]ffective April 23, 2012, the Tennessee General Assembly passed legislation replacing the term ‘medical malpractice’ with ‘health care liability’ in every place in the Tennessee Code.”); see also Tenn. Code Ann. § 29-26-101(a)(1) (2011) (“‘Health care liability action’ means any civil action, including claims against the state or a political subdivision thereof, alleging that a health care provider or providers have caused an injury related to the provision of, or failure to provide, health care services to a person, regardless of the theory of liability on which the action is based . . . .”).

5

See, e.g., Goodwin v. United States, No. 2:13-CV13445, 2014 WL 1685899, at *3 (E.D. Mich. Apr. 29, 2014) (applying Tennessee law and holding that a plaintiff’s “failure to comply with TCA § 29-26-122 requires [courts] to dismiss [the] complaint with prejudice”); Portwood v. Montgomery Cnty, Tenn., No. 3:13–CV–0186, 2013 WL 6179188, at *5 (M.D. Tenn.

Nov. 25, 2013) (“If either a plaintiff or a defendant fails to comply with Section 122, the plaintiff’s complaint or the defendant’s allegations of fault against a non-party are, upon motion, subject to mandatory dismissal with prejudice.”); Myers v. AMISUB (SFH), Inc., 382 S.W.3d 300, 311 (Tenn. 2012). (holding that a plaintiff’s failure to file a certificate of good faith with a complaint subjects the complaint to dismissal with prejudice); Sirbaugh v. Vanderbilt Univ., No. M2014-00153-COA-R9-CV, 2014 WL 7465676, at *6 (Tenn. Ct. App. Dec. 30, 2014) (“[Plaintiff] was obligated to file a statutorily compliant certificate of good faith with her amended complaint. She violated Tennessee Code Annotated section 29–26[-]122 by failing to do so. Therefore, dismissal of the claims against [the defendants] was mandated.”); Mathes v. Lane, No. E2013-01457-COA-R3-CV, 2014 WL 346676, at *8 (Tenn. Ct. App. Jan. 30, 2014) (citations omitted) (“[Plaintiff] offers no explanation for his failure to file the certificate of good faith other than his general assertion that the trial court should have afforded leniency in his pleadings due to his pro se and incarcerated status. . . . [Plaintiff’s] self-represented status does not excuse him from following the procedural rules that represented parties must observe. . . . The trial court did not err in dismissing [Plaintiff's] complaint . . . .”); Caldwell v. Vanderbilt Univ., No. M2012-00328-COA-R3-CV, 2013 WL 655239, at

6

Continued on Page 18 

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The Law of Unintended Consequences: Avoiding the Health Care Liability Act Booby Trap Continued from page 17

*6–7 (Tenn. Ct. App. Feb. 20, 2013) (citation and footnote omitted) (“The certificate filed by [the plaintiff] is not in compliance with the requirements outlined in Tenn. Code Ann. § 29-26-122. . . . As a consequence, [the] complaint must be dismissed . . . .”). See also Tenn. Code Ann. § 29-26-122(c) (2012) (“The failure of a plaintiff to file a certificate of good faith in compliance with this section shall, upon motion, make the action subject to dismissal with prejudice.”).

See Chambers ex rel. Chambers v. Bradley Cnty., No. E2013-01064-COA-R10-CV, 2014 WL 1266101, at *3 (Tenn. Ct. App. Mar. 28, 2014) (“The statute formerly known as the Medical Malpractice Act [is now] called the Health Care Liability Act . . . .”).

7

See Arden v. Kozawa, No. E2013-01598-COA-R3CV, 2014 WL 2768636, at *8 (Tenn. Ct. App. June 18, 2014) (“Having found that the sole acceptable method of mailing pre-suit notice would be through the U.S. Postal Service, we conclude that [plaintiff’s] mailing through Federal Express Priority service was improper and ineffective.”); see also Foster v. Chiles, No. E2012-01780-SC-R11-CV, 2015 WL 343872, at *2, *4 (Tenn. Jan. 27, 2015) (dismissing a plaintiff's re-filed health care liability complaint on the basis that “Tenn. Code Ann. § 29-26-121(a)(1) requires that plaintiffs provide pre-suit notice to prospective health care defendants each time a complaint is filed”—even though the plaintiff's re-filed complaint was “essentially identical” to the first complaint for which notice had already been provided).

8

See, e.g., Stevens, 418 S.W.3d at 560 (“If the legislature had intended to punish a plaintiff's failure to comply with the requirements of Tenn. Code Ann. § 29-26-121(a)(2)(E) by requiring courts to dismiss all such cases with prejudice, the legislature could easily have done so, as it did in Tenn. Code Ann. § 29-26122. Thus, we can only interpret the legislature's failure to mandate the same remedy for Tenn. Code Ann. § 29-26-121(a)(2)(E) violations as an indication that dismissal with prejudice for such violations is not compulsory.”). The sole exception to this holding has been in the case of non-compliance with the certificate of good faith requirement, which the act specifically states must be punished by dismissal with prejudice. See Myers, 382 S.W.3d at 311–12.

9

See Stevens, 418 S.W.3d at 554 (“Tenn. Code Ann. § 29-26-121(a) establishes six separate requirements that serve related yet ultimately distinct goals.”).

10

See Tenn. Code Ann. § 29-26-121(c) (2013) (“When notice is given to a provider as provided in this section, the applicable statutes of limitations and repose shall be extended for a period of one hundred twenty (120) days from the date of expiration of the statute of limitations and statute of repose applicable to that provider.”).

11

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12 Strictly for purposes of clarity, this article adopts the use of the words “he” and “his” to denote generic, gender-neutral third-person pronouns and antecedents. No offense is intended.

then filed a motion to dismiss the Plaintiff’s complaint approximately nine months later on the basis that that “Plaintiff . . . had failed to fulfill the statutory notice requirements for filing a medical malpractice claim”).

13 As the Tennessee Supreme Court has stated: “[p] laintiff[s]—not [d]efendants—[are] responsible for complying with the requirements of Tenn. Code Ann. § 29-26-121(a)(2)(E),” and there is “no authority” to support the proposition that defendants are under the obligation to inform plaintiffs of their mistakes.

Stevens, 418 S.W.3d at 559. See also Roberts v. Prill, No. E2013-02202-COA-R3-CV, 2014 WL 2921930, at *6 (Tenn. Ct. App. June 26, 2014) (“Plaintiff admits that she intentionally left sections of the form blank and anticipated that Defendants would fill in the form. She essentially argues that the onus should be placed on Defendants to test the sufficiency of the form or even to complete an inadequate form.

Plaintiff's argument is akin to the argument rejected by the [Tennessee Supreme] Court in Stevens, namely that defendants should have informed plaintiff of the errors in the form before filing a motion to dismiss.”); Vaughn v. Mountain States Health Alliance, No. E2012-01042-COA-R3-CV, 2013 WL 817032, at *4 & n.8 (Tenn. Ct. App. Mar. 5, 2013) (“[Plaintiff] argues . . . that the [Defendants] should have contacted his counsel prior to an action being filed against them in order to inform [Plaintiff’s] counsel that the requirements of Tennessee Code Annotated section 29-26-121 had not been met. We find that [Plaintiff’s] contention is without merit, as no provision in the Act requires potential defendants to assist a claimant with compliance. As noted by [Defendant’s] counsel, ‘if defense counsel assisted Plaintiff's counsel with prosecuting a malpractice case against our clients, we’d arguable [sic] be guilty of malpractice.’”).

18

14 See, e.g., Vaughn, 2013 WL 817032, at *5 (“Subsection (c) of Tennessee Code Annotated section 29-26121 provides that a claimant only gets the benefit of the extension of the applicable statute of limitations if the requirements of the section are given as directed . . . .”).

15

Stevens, 418 S.W.3d at 560.

See, e.g., Roberts, 2014 WL 2921930, at *3 (“Plaintiff concedes that without the extension of the statute of limitations pursuant to Tennessee Code Annotated section 29-26-121(c), her complaint was untimely.”).

19 The HCLA requires that plaintiffs provide defendants with a HIPAA-compliant medical authorization form in an effort to facilitate early pre-trial discovery and evaluation of a plaintiff’s potential claim. See Stevens, 418 S.W.3d at 554 (“[T]he requirement[] of . . . Tenn. Code Ann. § 29-26-121(a)(2)(E) serve[s] an investigatory function, equipping defendants with the actual means to evaluate the substantive merits of a plaintiff's claim by enabling early discovery of potential co-defendants and early access to a plaintiff's medical records.”); see also Tenn. Code Ann. § 29-26-121(a) (2)(E) (2013) (“The notice shall include . . . [a] HIPAA compliant medical authorization permitting the provider receiving the notice to obtain complete medical records from each other provider being sent a notice.”). In order to be HIPAA compliant, a plaintiff’s medical authorization form must contain, inter alia, a description of its signer’s authority to act on the plaintiff’s behalf if the form is signed by a representative of the plaintiff. See Stevens, 418 S.W.3d at 556 (citing 45 C.F.R. § 164.508(c)(1) (2013)). Errors of this nature have contributed to a plaintiff’s complaint being dismissed. See, e.g., Roberts, 2014 WL 2921930 at *5 (“Plaintiff signed the form in her representative capacity but failed to provide a description of her authority to act for Decedent. Due to Plaintiff's errors, Defendants were not legally authorized to use the pertinent medical records to mount a defense, despite the fact that the records may have already been in their possession. With these considerations in mind, we conclude that Plaintiff failed to substantially comply with section 29-26-121(a)(2)(E) . . . .”).

See Stevens, 418 S.W.3d at 564 (Wade, C.J., concurring in part and dissenting in part) (“Here, the Defendants chose the third option, addressing the inadequate medical authorization form for the first time by filing motions to dismiss approximately seven months after receipt of the pre-suit notice.”).

20

21

Id.

22

Id. at 560.

23

Id. (citation omitted).

16

See, e.g., Stevens, 418 S.W.3d at 564 (Wade, C.J., concurring in part and dissenting in part) (noting that the health care liability defendant had ignored the plaintiff’s obviously non-compliant HIPAA authorization form for more than seven months after receiving it); Brown v. Samples, No. E2013-00799-COA-R9-CV, 2014 WL 1713773, at *1–2 (Tenn. Ct. App. Apr. 29, 2014) (where nearly fifteen months after receiving actual notice of plaintiff’s complaint, defendant alleged lack of effective notice and insisted “that plaintiffs were therefore not entitled to the 120-day extension of the statute of limitation and thus their action was time-barred.”); Hinkle v. Kindred Hosp., No. M2010-02499-COA-R3-CV, 2012 WL 3799215, at *2–3 (Tenn. Ct. App. Aug. 31, 2012) (where a defendant’s attorney “acknowledg[ed] receipt of the [Plaintiff's pre-trial notice] letter,” “shared relevant medical information” for purposes of discovery, and

17

Hinkle, 2012 WL 3799215, at *15.

24 See In re New Eng. Compounding Pharm., Inc. Prod.

Liab. Litig., MDL No. 13-02419-RWZ, 2014 WL 4322409, at *11 n.9 (D. Mass. Aug. 29, 2014) (“The [Stevens] [C]ourt acknowledged . . . that the dismissal without prejudice effectively operated as a dismissal with prejudice because plaintiff’s claim would then be time-barred.”); Johnson v. Parkwest Med. Ctr., No. E2013-01228-COA-R3CV, 2014 WL 3765702, at *7 (Tenn. Ct. App. July 31, 2014) (citations omitted) (“We therefore affirm the trial court’s dismissal of [the plaintiff’s] health care liability claims without prejudice. In so holding, we note that any further health care liability claims by [the plaintiff] will be time[-]barred.”); Roberts, 2014 WL 2921930 at *5–6 (citations omitted) (“[T]he [Stevens] Court acknowledged but declined to address the fact that its dismissal without prejudice operated as a dismissal with prejudice because any future claim would be time-barred. . . . [W]e affirm the dismissal of Plain-

tiffs’ claim without prejudice. In so holding, we acknowledge that any further claims by Plaintiff will be time-barred.”); Givens v. Vanderbilt Univ., No. M201300266-COA-R3-CV, 2014 WL 820622, at *5–6 (Tenn. Ct. App. Feb. 27, 2014) (citations omitted) (“The [Stevens] Court acknowledged but declined to address the fact that its dismissal without prejudice operated as a dismissal with prejudice because any future claim would be time-barred. . . . We affirm the dismissal of Plaintiffs' claim without prejudice based upon the Court's reasoning in Stevens. In so holding, we acknowledge that any further claims by Plaintiff will be time-barred.”).

See, e.g., Thurmond v. Mid-Cumberland Infectious Disease Consultants, PLC, 433 S.W.3d 512, 520 (Tenn.

2014) (applying the substantial compliance doctrine to Tenn. Code Ann. § 29–26–121(a)(4) (2013), and characterizing Myers and Stevens as “instruct[ing] that . . . unless strict compliance with a notice content requirement ‘is essential to avoid prejudicing an opposing litigant,’ substantial compliance with a content requirement will suffice[.]” (quoting Stevens, 418 S.W.3d at 555)).

25

See, e.g., Ken Coleman, H.B. 2233, 106th Gen. Assem. (statement of Ken Coleman) (Tenn. May 26, 2009) (“[Tenn. Code Ann. § 29-26-121(c)] makes sure the statute of limitations is expanded to a date certain.”); S.B. 2109, 106th Gen. Assem. (statement of Doug Overbey) (Tenn. May 20, 2009) (“[Tenn.

Code Ann. § 29-26-121(c)] makes the date upon which the statute of limitations expires ‘much clearer’ so that parties ‘don’t have to guess at that[.]’”); H.B. 2233, 106th Gen. Assem. (statement of Ken Coleman) (Tenn. May 6, 2009) (“[Tenn. Code Ann. § 29-26-121(c)] extends . . . the statute of limitations or the statute of repose by 120 days. . . . That way everybody knows the date certain [on] which the statute would lapse.”). Cf. Myers., 382 S.W.3d at 309 n.8 (noting that “in committee discussion of the periods of time allowed for compliance with the statutes’ filing requirements, Senator Jim Kyle observed ‘the whole bill is date driven . . . we don't need the judiciary to interpret our desire there as to what the date is.’” (citing S.B. 2001, 102nd Gen. Assem. (Tenn.

Mar. 27, 2007))).

29

30

26 Tenn. Code Ann. § 29-26-121(c) (2013) (“When notice is given to a provider as provided in this section, the applicable statutes of limitations and repose shall be extended for a period of one hundred twenty (120) days from the date of expiration of the statute of limitations and statute of repose applicable to that provider.”).

31

27 See Rajvongs v. Wright, 432 S.W.3d 808, 811 (Tenn.

2013) (holding that pursuant to Tennessee’s savings statute, “if a timely filed action is dismissed without prejudice, a plaintiff may ‘commence a new action within one (1) year after’ the dismissal.” (quoting Tenn. Code Ann. § 28-1-105(a) (1985))); Davis v.

Ibach, No. W2013-02514-COA-R3-CV, 2014 WL 3368847, at *4 (Tenn. Ct. App. July 9, 2014) (holding that “nothing in the statute governing certificates of good faith precludes a plaintiff from exercising the ‘free and unrestricted’ right to dismiss an action without prejudice provided in Tenn. R. Civ. P. 41.01.”).

32

28 See, e.g., Brown, 2014 WL 1713773, at *8 (collecting cases and holding that “Tennessee courts have long recognized that the interests of justice are promoted by providing injured persons an opportunity to have their lawsuits heard and evaluated on the merits”); Givens v. Vanderbilt Univ., No. M2013-00266-COAR3-CV, 2013 WL 5773431, at *4 (Tenn. Ct. App. Oct. 24, 2013) (“We conclude that section 121 does not require a court to dismiss a complaint with prejudice for noncompliance with the notice requirement of that section. This conclusion is in keeping with the general principle that ‘Tennessee law strongly favors the resolution of all disputes on their merits.’” (quoting Henley v. Cobb, 916 S.W.2d 915, 916 (Tenn.1996)); Bowers v. Gutterguard of Tennessee, Inc., M2002-02877-COA-R3-CV, 2003 WL 22994302, at *5, (Tenn. Ct. App. Dec. 17, 2003) (“[I]t is the general rule that courts are reluctant to give effect to rules of procedure . . . which prevent a litigant from having a claim adjudicated upon its merits.” (quoting Childress v. Bennett, 816 S.W.2d 314, 316 (Tenn. 1991))). See also Chambers, 2014 WL 126610,1 at *5.

See generally Suzanna Sherry & Jay Tidmarsh, Civil Procedure: Essentials 26–29 (2007) (discussing the adjudication of claims on their merits).

36

37 Id. at 27 (citing Roscoe Pound, The Causes of Popular Dissatisfaction with the Administration of Justice, Address at American Bar Association Convention (Aug. 26, 1906), available at 35 F.R.D. 273, 282 (1964)).

38 Bowers, 2003 WL 22994302 at *5; see also Childress, 816 S.W.2d at 316 (noting that “it is the general rule that courts are reluctant to give effect to rules of procedure . . . which prevent a litigant from having a claim adjudicated upon its merits”).

Stevens, 418 S.W.3d at 562.

See, e.g., Chambers ex rel. Chambers v. Bradley Cnty., No. E2013-01064-COA-R10-CV, 2014 WL 1266101, at *6 (Tenn. Ct. App. Mar. 28, 2014) (“Allowing a defendant to participate in discovery and negotiations while waiting to raise technical objections is not consistent with the purposes of the statutory requirements for filing medical malpractice lawsuits.”).

Stevens, 418 S.W.3d at 554.

Tennessee courts have repeatedly referenced this fact. For example, in Brown v. Samples, No. E201300799-COA-R9-CV, 2014 WL 1713773 (Tenn. Ct. App. Apr. 29, 2014), the Court of Appeals upheld and favorably cited an opinion from the Tennessee Claims Commission that criticized defense attorneys for their “disingenuous” notice defense and concluded that “we feel confident in finding that the General Assembly never intended that the amendments to the Medical Malpractice Act would completely strip away the rights of Tennessee citizens, who might have legitimate medical malpractice claims, because of some minor and hyper-technical error in initiating such a claim. Surely, that is not the intent of our elected representatives.” Id. at *5. Another panel of the Court of Appeals expressed a similar sentiment in Hinkle v. Kindred Hosp., No. M2010-02499-COAR3-CV, 2012 WL 3799215 (Tenn. Ct. App. Aug. 31, 2012), explaining that: “Dismissal of a meritorious complaint even where the defendant had actual notice and allowing a defendant to participate in discovery and negotiations while waiting to raise technical objections is not consistent with the purposes of the statutory requirements for filing medical malpractice lawsuits.” Id. at *15.

33

34

See supra note 28.

See Full House Discussion, H.B. 2233, 106th Gen. Assem. (Tenn. May 26, 2009); Senate Judiciary Committee Discussion, S.B. 2109, 106th Gen. Assem.

(Tenn. May 20, 2009); House Civil Practice and Procedure Subcommittee Discussion, H.B. 2233, 106th Gen. Assem. (Tenn. May 6, 2009); see also supra note 29 and accompanying text.

35

Nashville Bar Journal - June 2015

19

The Nashville Bar Association 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community from legal organizations with more than three attorneys that have 100% of their Nashville attorneys as members of the NBA. Members will be listed monthly in the Nashville Bar Journal and will appear in our annual directory.

Contact Vicki Shoulders at 615-242-9272 or vicki.shoulders@nashvillebar.org if you have any questions. Thank you for supporting your local bar association!

Bradley Arant Boult Cummings LLP (108) Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (99) Butler Snow LLP (62) Bone McAllester Norton PLLC (41) Adams and Reese LLP (32) Sherrard & Roe, PLC (32) Neal & Harwell, PLC (30) Lewis Thomason (29) Stites & Harbison, PLLC (29) Dickinson Wright PLLC (27) Gullett, Sanford, Robinson & Martin, PLLC (26) Manier & Herod, P.C. (26) Burr & Forman LLP (22) Ortale, Kelley, Herbert & Crawford (22) Riley Warnock & Jacobson, PLC (21) Frost Brown Todd LLC (19) Patterson Intellectual Property Law, PC (17) Leitner, Williams, Dooley & Napolitan, PLLC (16) Nelson Mullins Riley & Scarborough (14) Cornelius & Collins, LLP (16) Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (15) Branstetter, Stranch & Jennings, PLLC (13) Brewer, Krause, Brooks, Chastain and Burrow, PLLC (13) Hall Booth Smith, P.C. (12) Legal Aid Society of Middle Tennessee and the Cumberlands (11) Hughes & Coleman (3) Spicer Rudstrom, PLLC (12) Morgan, Akins & Clark, PLLC (9) Smith Cashion & Orr, PLC (10) Watkins & McNeilly, PLLC (11) Dodson Parker Behm & Capparella, P.C. (9) Dollar General Corporation (9) Kay, Griffin, Enkema & Colbert, PLLC (9) Littler Mendelson, P.C. (9) White & Reasor, PLC (6) Corrections Corporation of America (8) Jones Hawkins & Farmer, PLC (7) Lassiter, Tidwell & Davis, PLLC (8) Schulman, LeRoy & Bennett, P.C. (8) Buffaloe & Associates, PLC (6) Levine, Orr & Geracioti, PLLC (7) Parker, Lawrence, Cantrell & Smith (7) Taylor, Pigue, Marchetti & Blair PLLC (7) Evans, Jones & Reynolds, P.C. (6) Hollins, Raybin & Weissman, P.C. (6) Howard Mobley Hayes & Gontarek, PLLC (7) Keller, Turner, Ruth, Andrews, Ghanem & Heller, PLLC (6) Law Offices of John Day, P.C. (6) Leader, Bulso & Nolan, PLC (6) 20

Nashville Bar Journal - June 2015

Martin Heller Potempa & Sheppard, PLLC (5) Reno & Cavanaugh PLLC (5) Rogers, Kamm & Shea (5) Wiseman Ashworth Law Group, PLC (6) Cheatham, Palermo & Garrett (3) Direct General Corporation (3) Farris Bobango, PLC (5) Haynes, Freeman & Bracey, PLC (5) Kinnard, Clayton & Beveridge (5) Loeb & Loeb, LLP (5) Shackelford, Zumwalt & Hayes, LLP (4) Trauger & Tuke (5) American General Life Insurance Company (4) Cole Law Group (4) Dobbins, Venick, Kuhn & Byassee, PLLC (4) Hale & Hale, PLC (4) Holton & Mayberry, P.C. (4) Law Offices of Julie Bhattacharya Peak (1) Prochaska Quinn & Ferraro, P.C. (3) Robinson, Reagan & Young, PLLC (4) Rothschild & Ausbrooks, PLLC (4) Rutherford & DeMarco (2) Tennessee Justice Center (4) Weatherly, McNally & Dixon, PLC (4) Anderson & Reynolds, PLC (3) Cameron Worley, P.C. (3) Carney Elkins Curry, PLC (3) Cheadle Law (2) Glasgow & Veazey (2) Goodman Callahan Blackstone, PLLC (4) Grissim & Hodges (3) Hall & Sitler (1) Ingram Content Group Inc. (3) Larry R. Williams, PLLC (3) Lieff, Cabraser, Heimann & Bernstein (3) Luna Law Group, PLLC (3) Marlowe Law Offices, PLLC (1) McCarter & Beauchamp, PLLC (2) MTR Family Law, PLLC (3) Mudter & Patterson (1) Nashville Electric Service (3) Puryear Law Group (2) Sarah Cannon Research Institute (3) Shackelford, Bowen, Zumwalt & Hayes, LLP (3) Smythe & Huff (3) Southern Environmental Law Center (3) Southland Title & Escrow Co., Inc. (3) Tennessee Department of Revenue (3) Video Gaming Technologies, Inc. (3)

Nashville Bar Journal - June 2015

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Disclosure

\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

Kathryn Hays Sasser has been appointed as vice president, litigation for LifePoint. As vice president, litigation, Sasser will join the Legal & Information Governance Department and lead the litigation and investigatory functions of the department.

Sasser is a native of Louisiana and earned her undergraduate and legal degrees from Louisiana State University. Prior to entering private practice, she served as a Law Clerk to The Honorable Henry A. Politz, chief judge of the United States Court of Appeals for the Fifth Circuit.

The law firm of Baker Donelson has been named among the 50 Best Places to Work for New Dads in a report compiled by Fatherly, a digital lifestyle guide for men entering parenthood. With a growing demographic of active and engaged millennial fathers, this first-of-its-kind report highlights the best paternity benefits offered by leading companies in the United States focusing on factors that create a positive workplace for working dads and parents.

Baker Donelson was highlighted for its father-friendly paternity leave policy. The Firm's gender-neutral parental leave policy allows for three weeks of paid leave for non-primary caregivers, which can be taken consecutively or used over a 20-week period. Primary caregivers are eligible to take 16 weeks of paid leave, which can also be taken consecutively or used intermittently over a 40-week period.

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

LEGAL AID SOCIETY 2015 LEADERSHIP CABINET Those in BOLD are new as of 2015 *denotes a Williamson County firm ++ denotes Rutherford County firm Adams and Reese LLP Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Bass, Berry & Sims PLC Bone McAllester Norton PLLC Bradley Arant Boult Cummings LLP Burr & Forman LLP Butler Snow LLP Corley Henard Lyle Levy & Langford PLC Cornelius & Collins, LLP Dickinson Wright PLLC Dobbins, Venick, Kuhn & Byassee, PLLC Dodson Parker Behm & Capparella, PC Frost Brown Todd LLC Garfinkle & McLemore, PLLC Gideon, Cooper & Essary PLC Norman Gillis & Associates, Inc. Mitch Grissim & Associates Gullett, Sanford, Robinson & Martin, PLLC Hagan & Farrar, PLLC++ Hale and Hale, PLC** Harwell Howard Hyne Gabbert & Manner, P.C. Holton & Mayberry, P.C. Kinnard, Clayton & Beveridge Leader, Bulso & Nolan PLC Lindsey + Amonette, PLLC Manier & Herod McKenzie Laird PLLC Miller & Martin PLLC Phillip Miller, Attorney Nashville Electric Service Legal Department Law Office of Rachel Odom, LLC Pepper & Brothers, PLLC Prochaska Quinn & Ferraro, P.C. W. Casey Reed Rothschild & Ausbrooks, PLLC Salas Law Group PLLC Sherrard & Roe, PLC Stites & Harbison PLLC The Swafford Law Firm, PLLC** Taylor, Pigue, Marchetti & Blair PLLC Terry & Gore Trauger & Tuke Tune, Entrekin & White, P.C. Waldron, Fann & Parsley++ Walker, Tipps & Malone PLC (now merged with Butler Snow LLP) Waller Lansden Dortch & Davis, LLP Weatherly, McNally and Dixon PLC White & Reasor, PLC Wiseman Ashworth Law Group PLC Wyatt, Tarrant & Combs, LLP If your firm is interested in joining the Leadership Cabinet for 2015, please contact Cindy Durham at 615-780-7125 or cdurham@las.org.

22

Nashville Bar Journal - June 2015

n

Charles W. Bone, founder and chairman of Bone McAllester Norton PLLC., has been awarded the first ever Gallatin Community Award by the Legal Aid Society of Middle Tennessee and the Cumberlands. Bone was selected because he has championed the non-profit law firm in the community and his firm has been a financial and pro bono supporter to Legal Aid Society’s Gallatin office and its Nashville office. The award program was created as a way to honor individuals in the community for their leadership and compassion in support Legal Aid Society’s mission to advance justice for all.

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 Grant C. Glassford 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.

Welcome New NBA Members!

Andrew Bellm Caitlan Colley Christopher Nolen Davis Cole Law Group* Michael Shaun Goode Stites & Harbison, PLLC* Robert Graves Janice M. Holder Steve Linn Forensic Pursuit Patrick Newsom The Newsom Firm Seth Rayborn Ogden Patterson Intellectual Property Law, PC* Fiorela Orezzoli Cole Law Group* Willie Curtis Robinson Express Legal Video Joel Sanderson Ozment Law Amy Savoie The Savoie Firm Kristina Schrader James Patrick Urban DeSalvo & Levine PLLC * 100% Club

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

May Volunteers:

Helen Cornell Gina Crawley Chris Hugan Tom Lawless Doug Pierce Joe Rusnak To volunteer your time, please contact Wendy Cozby, LRIS Coordinator at wendy.cozby@nashvillebar.org or 242-9272. Pro Bono credit does apply and dinner will be provided.

Nashville Bar Journal - June 2015

23

Classifieds

office space

Office Space Brentwood Office Space Available: Window office space available in Brentwood, TN (Maryland Farms). Association of general practice attorneys.

Convenient to Williamson and Davidson County Courthouses and I-65. Use of spacious conference rooms, kitchen, wi-fi, copier, free parking, small storage all included. Call (615) 376-9800.

Germantown Single office space available for attorney in Germantown neighborhood just north of downtown Nashville. Close to the courts and downtown law firms but without downtown parking fees. Building constructed in 2011.

Conference room down the hall and your own parking space in our lot behind the building. (615) 800-8919.

Downtown Office condos for Lease or Sale. 500 to 2500 sq. feet. 501 Union Street, 5th floor. Near Legislative Plaza. Call Lynne at (615) 259-1550.

Office 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

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

Advertise your Office Space in the Nashville Bar Journal

CC

APPELLATE BRIEFS and ARGUMENT 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.

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

Job Seekers:

- Place your job in front of our highly qualified members

- Search for & quickly apply to great, relevant jobs

- Set up Job Alerts so you are immediately notified any time a job is posted that matches your skills or interests

- Manage jobs and applicant activity right on - Create an anonymous job seeker profile our site or upload your anonymous resume so - Limit applicants only to those who are qualified employers can find you - Fill your jobs more quickly with great talent

24

Nashville Bar Journal - June 2015

Elder Law Practice of Timothy L. Takacs .................................................... Back Cover Thomson Reuters ............ Inside Front Cover NBA Directory Order ........ Inside Front Cover IPSCO ............................. Inside Back Cover First Tennessee Bank ................................. 21 NBA Career Center .................................. 24 Thomas F. Bloom, JD ............................... 24

www.nashvillebar.org

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

- Search our resume database of qualified candidates

Advertiser Index

- Access job searching tools and tips

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.

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Elder Law Practice of Timothy L. Takacs

What are we going to do about Mom? When an elderly loved one becomes incapacitated due to long-term illness or disability, many families struggle to make the right decisions.

Without expert guidance, it’s easy to make costly mistakes.

Point your clients in the right direction with a referral to Elder Law Practice of Timothy L. Takacs. For two decades, our Certified Elder Law Attorney and Elder Care Coordinators have been helping families protect assets, find quality care, and navigate the long-term care system.

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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