Nashville Bar Journal | March 2015 by Nashville Bar Association

Nashville Bar Journal

MARCH 15- VOL 15, NO. 2

Of 3D Printers, Patents, and IP Protection David Winters

Profile: Monica Mackie—

Our Homegrown Executive Director Bill Ramsey

Federalism Affirmed

The story of how a Tennessee case led to the first and only trial held before the U.S. Supreme Court Eleanor Wetzel

ORDER YOUR NBA DIRECTORY ONLINE TODAY @ WWW.NASHVILLEBAR.ORG What Does That Attorney Look Like Who You Only Communicate With Via Email? Need to find the New Address of an Old Law Parnter? ******************************************* Find Out In The New 2015 NBA Attorney Directory!

--------------------------------------------------------------• 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

Articles 6 Of 3D Printers, Patents, and IP Protection David Winters

Profile: Monica Mackie— Our Homegrown Executive Director

Departments 2 4

Bill Ramsey

Affirmed 10 Federalism The story of how a Tennessee case led to

the first and only trial held before the U.S. ......... Supreme Court

Eleanor Wetzel

14 Prison Mates Hal Hardin

Communique • Golf Tournament • Liberty Bell Award Nominations • Norman Award Nominations • Race Judicata • Arts Immersion • Upcoming Events

CONTINUING LEGAL EDUCATION CENTER SECTION

22 24

Columns

From the President

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.

Gadget of the Month

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

NBA Calendar of Events MARCH 17 - 12 PM Ethics Committee Meeting MARCH 19 - 3:30 PM Finance Committee Meeting MARCH 19 - 4:30 PM Executive Committee Meeting MARCH 19 - 5:30 PM Sister Cities Meeting MARCH 26 - 12 PM NBF Trustees Meeting

MARCH 28 RACE JUDICATA @ Percy Warner Park MAY 1 Law Day Luncheon @ Renaissance Hotel Speaker – Mayor Karl Dean MAY 14th NBA Golf Tournament @ Legends Golf Course

MAY 21 NBA Memorial Service @ Downtown Presbyterian Church MAY 27 Arts Immersion @ W.O. Smith School 6-9 PM Benefitting the Volunteer Lawyers & Professionals for the Arts August 1 Carbolic Smoke Ball @ Sutler Saloon

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

Nashville Bar Journal - March 2015

From the President Join the Bar –

Because it Will Help Your Practice and Lengthen Your Life by:

Edward D. Lanquist, Jr.

There is a saying that one attorney in a town will starve while two will thrive. While acknowledging the cynicism of the comment, there is a certain amount of truth. More importantly for you, lawyers tend to be a very good referral source for getting new work. One model of social interaction is the hub and spoke model in which hubs tend to interact with many people. Initially, lawyers tend to be hubs as they will have many clients and other contacts. These clients and other contacts will call them not only for legal help in their practice area but also in other areas. Stating the obvious, clients seek recommendations from their attorney for attorneys in other areas. How many times have your clients asked for a referral in an area in which you do not practice? Think about the more than two thousand lawyers receiving those same requests on a weekly if not daily basis and you have the Nashville Bar Association. In addition to referrals for other areas of practice, lawyers have those pesky conflicts. Lawyers need to have someone who they trust to do good work for their client. Lawyers also need to be able to steer a trusted client somewhere with the trust that the client will not be piked. That trust only comes through interaction. Finally, the people you meet now may someday be in-house counsel in the future. In-house counsel people need lawyers. They will need lawyers in all practice groups. Their client is the corporation but their contacts are everyone in that corporation. Those employees of the corporation need lawyers as well. Meeting prospective corporate counsel now will put you on their list for later. However, if you are not interfacing with other lawyers, you are going at it in a much harder way. Think about this mathematically. If you contact a potential client you are networking with a single potential client. If you contact a fellow lawyer, you are networking with all of her or his clients. The latter is much more efficient. Too many times we meet a lawyer for the first time in an adversarial relationship. Sometimes, we go in with a predisposition that the relationship will be challenging. If you meet a lawyer in a non-adversarial manner beforehand, the adversarial relationship will go much smoother. If you know someone, you will be better behaved. More importantly, if they know you, they will be better behaved. That means that an aggravating relationship will not be as aggravating and if you are irritated with one another, you will get over it. Both of you will be happier and healthier. Additionally, by working with someone you know, you will be better positioned to get to the heart of the legal issue as opposed to focusing on the adversity. Humans are animals who do not like change or new things. A new encounter is often spent feeling the other out. If you know your adversary, you can skip over that discomfort. That will be better for your client in the long run. That will also be better for you. Many attorneys starting out rely upon courts for referrals. Judges want to refer work to attorneys who they know and who will do a good job in representing the client. By joining the Bar and being active in it, you will have the opportunity to demonstrate to judges your abilities.

2015 NBA BOARD OF DIRECTORS

Finally, the advantage of hanging out with other lawyers is that you can discuss work without having to lay the groundwork. Lawyers can appreciate your day in a way that non-lawyers cannot. Further, networking with lawyers allows you to discuss common issues. You can vet ideas and learn more about a Judge’s predisposition. You cannot do that if you are a legal island. As per Judge Thomas Aquinas Higgins – “The problem with lawyers now a day is that they do not drink enough whiskey together.” Whether or not you drink whiskey together, it makes sense to join the Nashville Bar Association for your practice, your business, and your health. 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 - March 2015

communiqué IS YOUR TEAM REGISTERED YET? The 2015 NBA/NBF Golf Tournament is set for Thursday, May 14, 2015 at the Vanderbilt Legends Club in Franklin, TN. Range balls will be available at Noon with a Shotgun start at 1:00 PM. We will have a Cookout and Prizes at the conclusion of Play. There will be team prizes and individual contests (longest drive, longest putt, closest to pin, etc.) You can also register online at www.nashvillebar.org Late fees apply after Thursday, May 7, 2015. If you have any questions, you can contact Traci Hollandsworth at the NBA (242-9272 or traci.hollandsworth@nashvillebar.org REGISTRATION ON PAGE 13

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

-Golden Oldies Dewey Branstetter correctly identified the individuals in the February 2015 Golden Oldies photo.

Pictured are: Jim Berry and Charles Wray

Nashville Bar Journal - March 2015

The 12th

Nominations Sought for Norman Award

Annual

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

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

Arts Immersion, will be held on May 27 at W.O. Smith School from 6-9 PM. Benefitting the Volunteer Lawyers & Professionals for the Arts Lead Sponsor: First Tennessee Presented by YLD and Arts & Business Council of Greater Nashville Corporate ticket packages are available for $400 (10 tickets and recognition in promotional materials). Email Kelly Donley at kelly@saffordmotley.com for more information.

NBA Calendar of Events

Nominations are now being sought for the Jack Norman Award that will be presented during the Nashville Bar Association's Law Day Luncheon during Law Week. Deadline for nominations is March 13, 2015. The award is given to criminal law practitioners, including specifically defense attorneys, prosecuting attorneys and judges of courts with criminal jurisdiction, who practice before or serve as judges of courts exercising criminal jurisdiction located in the Metropolitan Nashville area. The award may be given posthumously. The Norman Award must be given to an attorney whose primary practice is in or service pertains to criminal law, demonstrates respect for the rights of all individuals in the criminal justice system, exhibits the trial advocacy skills or judicial skills necessary to the pursuit of justice, demonstrates an abiding respect for the law and legal profession, maintains highest standards of professional integrity and ethical conduct, contributes to the improvement of the legal profession and criminal justice system, including but not limited to the provision of uncompensated or undercompensated representation of the accused. Nominations for the Norman Award should be addressed to the NBA Criminal Law & Criminal Justice Committee and sent to Committee Chairs, Mary-Kathryn Harcombe at Mary-KathrynHarcombe@jis.nashville.org and Grover Collins grover@ collinsfirmtn.com

MARCH 28 RACE JUDICATA @ Percy Warner Park

MAY 21 NBA Memorial Service @ Downtown Presbyterian Church

MARCH 31 Happy Hour @ Bass Berry & Sims

MAY 27 Arts Immersion @ W.O. Smith School 6-9 PM Benefitting the Volunteer Lawyers & Professionals for the Arts

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

-----------------------------------------------------------MAY 14 NBA Golf Tournament @ Legends Golf Course

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-----------------------------------------------------------August 1 Carbolic Smoke Ball @ Sutler Saloon

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Nashville Bar Journal - March 2015

Feature

Of 3D Printers, Patents, and IP Protection by:

David Winters

Technology has historically been the Intellectual Property (IP) owner’s friend. The complexity in manufacturing copies of even the most valuable of patented inventions usually precluded any sort of serious infringement short of expensive commercial industrial scale efforts. Thus, private non-commercial copies of protected goods were unlikely to appear. Their manufacture simply was not economically feasible. So, IP holders could feel secure against all but the most well-funded Intellectual property hooligans. The expense of technologies required to mount any sort of serious threat was simply beyond the means of most potential infringers. But more and more this natural protection has been, and continues to be, dismantled. Most recently, in a single broad stroke the advent of inexpensive three dimensional (“3D”) printers has badly breached the technological ramparts. Private, non-commercial detailed copies of theoretically protected 3D objects can now be produced in the home at little expense. This is disturbing. It is disruptive technology. The publishing industry was long ago disturbed over appearance of office photo copy machines. They were disruptive technology. The entertainment industry became apoplectic over home cassette recorder/players, then home video recorder/players, then digital recorder/ players, and most lately over digital recording online distribution. They are disruptive technologies. But the combined impact of all these arguably pales before that of the 3D printer. 3D printing, also called additive manufacturing, uses digitized virtual models to generate three dimensional solid objects while 6

Nashville Bar Journal - March 2015

you wait, caring not whether the object is subject to patent, trademark, copyright, or government regulation. The virtual models may be produced by CAD (Computer Assisted Drawing) systems or by 3D image scanners. These 3D printed objects can include complex moving parts fully created in situ, already assembled and fully functional. They can comprise polymers, resins, metals, living cells and more. And they can function at “nano scale” (essentially microscopic). This is like something straight out of Star Trek. I have a sample 3D printed paper weight sitting on my desk as a teaching tool for new inventors. The clever little device has a crank, wheels, axles, drive rods, and even a universal joint all fully assembled and functional when the device came out of the “printer” that produced it. (See photo.) The manufacturing company business card, also 3D printed, has functional gears turning freely on its face. The power of this technology is such that it threatens to disrupt not only the realms of regular patents, but also design patents, trade dress, copyright, and even unforeseen and unforeseeable regulatory structures.

Addressing these in order: UTILITY PATENTS: All sorts of sophisticated and complex devices can literally be cranked out by 3D disk printers in one’s office or home, whether they be patented or not. The range of possibilities is huge, from sewing machines to firearms and more. (We assume the situation has our Department of Alcohol Tobacco and Firearms rather flummoxed already.) This may be a somewhat disheartening appellation, but it is mitigated by the fact that compared to previous commercial production methods, 3D printer products although not unreasonable in cost for single unit manufacturing, are expensive and slow for production in large volume. Therefore at present, 3D printers are better suited to making single copies or original prototypes than to high volume commercial manufacturing. Patent infringement litigation over trivial one-off manufacturing is probably economically unviable. But 3D printing production costs continue to plummet and to become more commercially practicable, so at best in some cases for products having limited production runs, this commercial obstacle may be only temporary. When single source high volume infringement occurs, as eventually must happen, then litigation, like Mary’s proverbial little lamb, will surely follow. DESIGN PATENTS, TRADE DRESS, AND COPYRIGHTS: Equipped with a “numerically controlled” or “digital” mechanical tracer or scanner and a 3D printer, one can reproduce, in example a Coca Cola® bottle, with such exactitude that even the label appears on the surface of the copy. This capability holds obvious threat to the integrity of design patents, which essentially protect the literal appearance of industrial designs. With this technology, anybody could, virtually without detection, produce copies of design patented creations for personal use. Further this 3D printing capability poses essentially the same threat to mass-produced three-dimensional artistic creations; everything from children’s toys to high-end ceramic sculptures. One could hypothetically acquire one of Disney’s® latest princess dolls (there is always a new one coming), scan it, and 3D print a personal copy. The natural flow from this, of course, is to trade dress infringement, which takes us full circle back to the Coca Cola® bottle example above.

a damaged aorta*, and then 3D print a replacement component perfectly customized to serve a given patient. And the surgeon can do the entire task while the patient lies on her operating table, if necessary. Each such artificial organ would be unique and untested. There would have been no prior studies, no evaluation, and no validation by the FDA. Design the part, build the part, install the part and collect the fee; One stop shopping. We can do it, somebody arguably should do it and, therefore, somebody somewhere will do it. Regulators may fall further and further behind, but with advancements like this within reach, they will not be long suppressed by bureaucratic process. SUMMARY: 3D printing promises to be the perfect storm of disruptive technology, cutting a wide swath across patent, trademark and copyright property. As its cost decreases, the threats it poses in these realms will increase. Without revolutionary restructuring, regulatory agencies will be left twisting in the breeze of obsolescence. But with this disruption comes potential advantages that are more than commensurate to the disturbance it brings. And rejoice my brothers, for lawyers will, of course, be handed the lead in sorting it all out. *To be more specific, a descending aorta class b acute catastrophic dissection, not that we have ever previously imagined such a thing.  David Winters is a grudgingly semi-retired patent attorney, techno-pirate, and naval combat officer, although not in that order.

REGULATORY STRUCTURE: Lastly, 3D printer technology is disruptive because it outstrips all regulatory anticipation and imagination, even in our already super-regulated land of the free. Using an example quite literally close to my heart, 3D printer technology may soon allow surgeons to generate 3D scanned images of malfunctioning human organs, say just to select a random sample,

Nashville Bar Journal - March 2015

Profile

Monica Mackie— Our Homegrown Executive Director Bill Ramsey

by:

The Board of Directors of the Nashville Bar Association has selected Monica Mackie to serve as Executive Director. She officially began her new job on February 4, 2015. I sat down with Monica at the end of February to discuss her new position and her vision for the NBA. Monica is no stranger to Nashville and is certainly no stranger to the legal profession. Monica has worked with lawyers and the legal profession since 1987, almost 27 years. She graduated from Middle Tennessee State University with a degree in political science and has always been in love with the law. According to Monica, “I can’t practice law, but I love working with lawyers and helping them in any way that I can.” For example, prior to accepting the job as our Executive Director, Monica volunteered to assist with the Nashville Bar Foundation Leadership Forum. It was a natural fit, since she was the Director of Leadership Law for the Tennessee Bar Association for almost eight years. Monica is extremely optimistic about the future of the Nashville Bar Association. “The Bar Association has a tremendously talented staff, and I believe that, working together, we can really make a difference for the members of our Association.” That optimism is reflected in the statement of vision Monica authored: “Through innovative and relevant programming, effective communications and providing resources and opportunities for service and leadership, the NBA makes a positive difference in the lives of its members, the community and the profession.” Monica has energy, motivation, and optimism that is infectious. When she discusses her plans for the NBA, you can see and feel the enthusiasm. When she talks about the plans for the Hoffa Trial reenactment for Law Day this year, she is clearly confident that it will be an overwhelming success. When she discusses her plans to find new sources of revenue for the Association, her eyes light up. When she talks about recruiting younger members, you can tell she means it. All of us who have worked with Monica over the years know that she possesses the organizational skills and the drive to succeed as the Executive Director for the NBA. Monica always has been able to recruit and work with volunteers, and she believes that by working with the staff and volunteers, the NBA can increase its visibility with the bar and reach out in new ways to the Nashville community. If you get a chance, stop by the NBA and say, “Hello” to Monica. There is no rush, though. She plans on being in that position for a very long time. 

Nashville Bar Journal - March 2015

Federalism Affirmed

The story of how a Tennessee case led to the first and only trial held before the U.S. Supreme Court by: Eleanor Wetzel The very rule of law upon which this country was founded and on which the future of this nation rests had been enforced with the might of our highest tribunal. We are at a time when many of our people have abandoned the respect for the rule of law due to the racial hatred deep in their hearts and souls, and nothing less than our civilized society is at stake. —Noah Parden, Atlanta Independent, November 1909

Fifteen years ago, upon the petition of Reverend Paul McDaniels and Chattanooga attorney Leroy Phillips, Jr., the Criminal Court for Hamilton County, Tennessee, set aside Ed Johnson’s 1906 rape conviction in a symbolic posthumous exoneration.1 Johnson’s conviction and subsequent lynching is one of the most tragic cases in United States history, demonstrating the failure of the rule of law. References to State v. Johnson and companion case, United States v. Shipp—the first and only criminal trial held, to date, by the U.S. Supreme Court—rarely occurred until the 1999 publication of the definitive book Contempt of Court: The turn-of-the-century lynching that launched a hundred year of federalism, co-authored by Phillips and legal affairs analyst Mark Curriden.2 During his research, Curriden conducted an interview with Supreme Court Justice Thurgood Marshall who remarked: Very few people understand the import of the Shipp trial. Its significant has never been fully explained. Shipp was perhaps the first instance in which the court demonstrated the Fourteenth Amendment and the equal-protection clause have any substantive meaning to people of the African-American race [in state cases]. The Shipp case served as a foundation for many cases to come. At a time when racism and white supremacy ruled the day, the Shipp case demonstrated a really moment of courage by the court….Unfortunately, the Sheriff Shipp case has never received the attention or scrutiny it deserves. The import of the 10 Nashville Bar Journal - March 2015

Sheriff Shipp case on the federal court’s authority over state criminal cases should not be underestimated.3 Tragic Genesis of United States v. Shipp: The Ed Johnson Case On Wednesday, January 23, 1906, 21-year old Nevada Taylor left work at 6 p.m., taking an electronic trolley from downtown Chattanooga to her stop near Forest Hills Cemetery. Her father worked as the groundskeeper and they lived in a cottage on the cemetery property. Darkness surrounded her but the cottage was in sight ahead. She heard footsteps approaching from behind, but before she had a chance to turn around a leather strap was drawn around her neck. “If you scream, I will kill you” were the only words she heard before losing consciousness. Was the man white or black? Taylor did not know because she did not get a “good look.” Upon subsequent questioning, Taylor stated the man wore a slouched hat and she “believed” he was black. 4 The Chattanooga News January 24 headline conveyed shock at the “Brutal Crime of a Negro Fiend” who “accomplished the terrible purpose for which he had waited in the dark.” Bloodhounds had been called that night but lost the scent at the tracks. A piece of leather strap was the only evidence recovered.

Rape constituted a capital offense in 1906.5 The public pressured Sheriff Joseph Shipp and the Circuit Court Judge Samuel Reynolds—both up for re-election in two months—that the perpetrator be caught and punished. Shipp posted a $50 reward matched by others in the community. Governor William Cox contributed $200 more. Within less than 48 hours of the crime, the reward totaled $375—more than the annual wage of most Chattanoogans. Incentivized by the reward money, Will Hixson told police on January 26 that he had seen a black man carrying a similar leather strap around the time and scene of the crime. Hixson did not know the man’s name but knew he would recognize his face. Later that day Hixson called the police reporting he had seen the suspect later identified as Ed Johnson. Shipp arrested 19-year-old Johnson, who maintained his innocence during the initial 3-hour interrogation and throughout the pendency of his case. Publicity of the crime exacerbated racial tension. Chattanooga had not experienced a mob lynching for almost a decade, but primed for vigilante retribution, a mob of several hundred rifle-toting men took to the jail the night of Johnson’s arrest. Though damage was done to the jail, Johnson remained safe in Nashville where, unbeknownst to the public, he had been transported pending trial. The Grand Jury returned its indictment the next day, January 27. Judge Reynolds, Sheriff Shipp, and the District Attorney Madison “Matt” Newton Whittaker agreed the trial must be held within the week in light of the public outcry. Ed Johnson’s Trial Though few trial protections—now considered rights in criminal trials—were known in 1906, Tennessee’s Constitution was considered one of the most progres-

sive in that it provided a right to counsel in capital cases. (It was not until 1963 that the U.S. Supreme Court recognized a constitutional right to court appointed counsel in Gideon v. Wainwright). Judge Reynolds selected white attorney Robert T. Cameron to represent Johnson. Cameron had never tried a case. He primarily served as a court runner for more senior attorneys and only handled no-fault divorce cases or real estate transactions on his own. Prior to announcing this decision, Reynolds had a chance encounter with Lewis Shepherd. A former judge and respected criminal proceduralist, Shepherd volunteered himself to assist with the defense, conditioned upon the assignment of a third white attorney, WGM Thomas, to the defense team. Judge Reynolds advised Cameron and Thomas of their assignment on January 29 and told them they should be prepared for trial commencing no later than Friday—no continuance nor change of venue would be considered by Judge Reynolds. The defense team consulted with black attorney Noah Parden who initially declined participating in the case due to the public condemnation of Johnson and fear of repercussions to his family and law practice. But convinced by the lack of state evidence, Parden agreed to assist the defense team. Johnson’s trial ultimately commenced on Tuesday, February 6, just two weeks after the crime. (The trial had been delayed by a few days only because Judge Reynolds was occupied by another murder trial, where the defendant also was represented by Shepherd, that ran longer than the judge anticipated). The court summoned 36 white men for jury duty; 34 reported from which twelve were selected. Parties waived opening statements. Nevada Taylor testified as the first of five State witnesses. Defense proof opened with the testimony of Ed Johnson, who maintained his innocence and testified he was working Last Chance Saloon at the

time of the crime. Before closing court for the day, five men, employees and patrons of Last Chance Saloon—both black and white—corroborated Johnson’s alibi. Near the state line, Last Chance was one of the rare establishments where blacks and whites could dine or drink together. On the second day of trial, the defense called 17 additional witnesses, including more Last Chance Saloon patrons and multiple witnesses discrediting Hixson’s identification of Johnson as the perpetrator. In a highly unusual move, defense attorneys Thomas and Cameron testified about their investigation of the (mis)identification of Johnson by Hixson, raising questions about Hixson’s veraciy. On the third day of trial, the State called its five rebuttal witnesses. As the last witness left the stand, one juror broke down and cried out, “I cannot stand it any longer. I cannot stand it.” The judge called for a recess and the jurors left the courtroom with their arms linked together to show their solidarity. When the jury returned, another juror, J.L Wrenn, requested that the victim be recalled because the jurors had questions they needed answered. The judge submitted to this improper request and directed the sheriff deputies to retrieve Taylor since she opted not to observe the trial. Upon her retaking the stand, juror Wrenn demanded, over Fifth Amendment objections by defense counsel that Johnson put on a slouch hat and stand in front of Taylor. Wrenn then asked Taylor if she could positively identify “this Negro” as the “one who assaulted you?” Taylor responded tentatively, as she had done on direct examination, stating, “I will not swear that he is the man, but I believe he is the Negro who assaulted me.” Tears streamed down jurors’ faces and another juror tried to charge Johnson, yelling, “If I could get at him, I’d tear his heart right out.” Due Continued on Page 16 

Nashville Bar Journal - March 2015

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

MONTH

Outlook Mobile App

By: Bill Ramsey, Neal & Harwell, PLC and Phillip Hampton, LogicForce Consulting Despite the popularity of other messaging platforms, including Facebook messaging, Twitter, and even plain text messaging; we still are slaves to our old familiar email inbox. For most professionals working in the legal space, email is the lifeblood of communications, not only with clients but with co-workers and vendors as well. Increasingly we find ourselves drafting and responding more to email messages on our mobile devices than on our office desktop PCs. As such, we are constantly looking for the optimal email app that allows us to master our inbox on our smartphone rather than scrambling to find an important email buried weeks-deep in our inbox. Fairly or not, we seem to always judge an email client app based on how it performs compared to Outlook, simply because we are so accustomed to the Microsoft Outlook interface that has ruled our desktop for the past 10-15 years. So, it is not surprising that our ears perked up recently on the Microsoft announcement that a new, free Outlook mobile app was being rolled out for both iOS and Android platforms. It’s been a long time coming, so we downloaded the new app on our respective smartphones with much anticipation, but also with a little bit of dread for fear that the mobile Outlook would not live up to its hype. Thankfully, our fears were unfounded. Our test drive of the new Outlook mobile app has gone very smoothly and we have taken a strong liking to this new email tool. First of all, setup was a breeze on the new Outlook app, with smart setup wizards for the major email account options, including Exchange, Outlook.com, Google (Gmail), Yahoo, and, even iCloud (yes, Microsoft plays nice with Apple…take note, Apple developers). Additionally, we were pleasantly surprised to see integrations with cloud storage providers OneDrive (Microsoft’s solution), Dropbox, Box, and Google Drive (more on this later). There were no arcane server names or ports to configure (for those familiar with the old-fashioned email setup). We just entered our login credentials, and voilà, our email started appearing. 12 Nashville Bar Journal - March 2015

The first thing we noticed that was different with this interface is a “Focused” view which filters your email to include only those that the app determines are of most importance. So those pesky e-mails that we sometimes get from pushy vendors get pushed to the “Other” view. No worries, though….if an important email doesn’t make the cut to the “Focused” view, we can manually put it there; and Microsoft says the app will get smarter over time, learning what we classify as important and doing the work for us automatically. We like that. And while this “important email” feature is not new (Gmail has been doing something similar for some time); the new Outlook app allows you to synthesize “important” messages across all email accounts, not just Gmail. That is a huge plus. Using a swiping motion, we can also “schedule” emails to show up in our Inbox at a later time. This feature is both wonderful and scary. How many emails do you get in a day where you say “I’ll respond to this later”? Yes, we do too. So, while we can schedule these things away to only show up at a future time; this could result in future chaos as well. Nevertheless, we love having this option. Beyond just the inbox features, we love the tight integration with our Calendar and Contacts in the Outlook app. A major downside of the native iOS email, calendar, and contacts apps on Apple devices is just that, they are all individual apps. So if we are drafting an email on an iPhone, for example, and need to put in our availability for a future meeting or call, we have to pull up the Calendar app to view our schedule, then go back to the email app and try to remember what time slots were open. In the new Outlook app, however, we can view and even indicate our availability from our calendar, without ever leaving the app. It works great! When viewing an email from a particular contact, we can click on the contact’s name and get a focused view of our collaboration with that person, showing email messages related to that contact, meetings schedule with that contact, and even files (attachments) shared with that contact. This is just tremendous integration between the three pillars of our communications portal: email, calendar, and contacts. And, Microsoft is continuing to improve the app and add to its functionality.

Continued on Page 13 

COMPLETE YOUR 2014 CLE REQUIREMENTS & START YOUR 2015 NEW YEAR WITH QUALITY NBA DISTANCE LEARNING SEMINARS NBA ONLINE CLE = Knowledge When YOU Need It! EON! is the exclusive online support network for the NBA www.eondirect.com

ONLINE CLE

Register for the following NEW online course Bankruptcy: Hot Mortgage Issues in Bankruptcy Court New regulations on mortgage servicing will inevitably lead to litigation in Bankruptcy Court. Find out how to: identify litigation issues based on the new mortgage regulations; set up litigation based on those issues; and prosecute and defend mortgage litigation in bankruptcy court. 1.0 CLE – General – distance learning

REGISTER FOR MANY MORE COURSES INCLUDING: ETHICS AND PROFESSIONALISM COURT PRACTICE AND VIEWS FROM THE BENCH MEDIATION FAMILY LAW ESTATE PLANNING PROBATE PRACTICE EMPLOYMENT LAW FEDERAL COURT PRACTICE AND MORE!

TO REGISTER FOR YOUR CHOICE OF ONLINE SEMINARS GO TO: www.nashvillebar.org– CLICK ON THE CLE TAB and ONLINE CLE SEMINARS

COMPLETE YOUR 2014 CLE HOURS & START YOUR 2015 NEW YEAR WITH QUALITY NBA TELEPHONE SEMINARS Noon – 1:00 p.m. Central Time DISTANCE LEARNING CREDIT

March 10 March 12 March 13 March 17 March 18 March 19 March 20 March 23 March 24 March 25 March 26 March 27 March 31 April 1 April 2 April 3 April 7 April 8 April 9 April 10 n

Reviewing & Drafting IT Agreements Ethical Issues When Representing the Elderly - (Dual) Employment Separation Agreements - Live Replay Fundamentals of Securities Law, Part 1 Fundamentals of Securities Law, Part 2 Estate Planning for Pets - Live Replay Attorney Ethics, Advertising and the Internet - Live Replay- (Dual) Ethics for Transactional Lawyers - (Dual) Sub-leasing & Assignments, Part 1 Sub-leasing & Assignments, Part 2 Planning in Charitable Giving, Part 1 - Live Replay Planning in Charitable Giving, Part 2 - Live Replay Exempt v. Non-Exempt: Overtime & Employer Liability in the Workplace Innocent & Injured Spouse Defenses to Joint Tax Liability Real Estate Joint Ventures, Part 1 - Live Replay Real Estate Joint Ventures, Part 1 - Live Replay Drafting Reps and Warranties in Business Transactions 2014 Sex Harassment Update - Live Replay 2015 UCC Update: Secured Transactions, Notes, Sales & More - Live Replay Attorney Ethics and Dissolution of a Law Firm - Live Replay - (Dual)

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GREEN HOUSE GAS REGULATION AND A CASE STUDY OF EARLY GREEN HOUSE GAS TAILPIPE REGULATION 1.0 CLE Hour - General ----------------------------------------------------------------------------------PAGE 3

SO YOUR CLIENT WANTS TO DEVELOP A PIECE OF PROPERTY…

2.0 CLE Hours - General ----------------------------------------------------------------------------------PAGE 4

SERVING AS GUARDIAN AD LITEM OR ATTORNEY AD LITEM: FROM THE BENCH - HON. RANDY KENNEDY

2.0 CLE Hours - General ----------------------------------------------------------------------------------PAGE 5

DEALING WITH PRO SE LITIGANTS: From the bench & bar

1.0 CLE Hour - General ----------------------------------------------------------------------------------PAGE 6

ANATOMY OF AN APPEAL: APPELLATE PRACTICE FOR THE TRIAL LAWYER From the bench & bar

3.0 CLE Hours- General ----------------------------------------------------------------------------------PAGE 7

ETHICAL AND EFFECTIVE MARKETING THROUGH YOUR LAW FIRM WEBSITE

2.0 CLE Hours - dual ----------------------------------------------------------------------------------PAGE 8

cle pass

----------------------------------------------------------------------------------PAGE 9

movie webcasts - DISTANCE LEARNING CREDIT

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PLI live webcasts - LIVE CLE CREDIT

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CLE pass Receive even greater value with your NBA Membership! Order your NBA CLE Easy Pass Now! Go to Page 8 for details.

Nashville Bar Association n Continuing Legal Education n www.nashvillebar.org n 615.242.9272 n

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Lunch & Learn Program

BROWN BAG LUNCH! The lunch and learn seminars will be conducted at the Nashville Bar Association office Conference Center. You are welcome to bring your lunch to the seminar.

MARCH 10, 2015

GREEN HOUSE GAS REGULATION AND A CASE STUDY OF EARLY GREEN HOUSE GAS TAILPIPE REGULATION WHO SHOULD ATTEND: If you have clients that are manufacturers, transportation firms, or other companies that may be subject to federal or state environmental regulations, you will gain valuable information to use in advising your clients. If you practice environmental law or are interested in environmental law practice, you will benefit from this introduction to Green House Gas Regulation.

REGISTRATION - 11:30 a.m. SEMINAR - 12:00 - 1:00 p.m.

LOCATION: Nashville Bar Association Conference Center 150 4th Ave. N., Suite 1050 Nashville, TN - 615-242-9272 PARKING: 1. 4th Ave. next to One Nashville Place

(“Garage Full” does not apply to NBA visitors)

2. 4th Ave. across from One Nashville Place 3. Commerce Street 4. Main Library (between 6th & 7th Avenues)

OVERVIEW: The program will start with Clean Air Act Basics -- a short overview of the emissions regulation. Then, our presenter will discuss the study of Green House Gas auto tailpipe regulation which will trace the regulation from its beginning in California to Mass v. EPA and the first-ever Green House Gas regulations of auto tailpipe emissions. YOU WILL GAIN FACTS ABOUT: 1. Current emissions regulation - both non-stationary and stationary emissions regulation 2. The origin of emissions regulation 3. The case study of Mass vs. EPA

1.0 CLE Hour - General PRODUCER: MATTHEW CLAIBORNE Bridgestone Americas, Inc. Registration must be received before or on March 6 to guarantee written materials at the program. No refund or credit will be issued after the early registration deadline; however, a substitute may attend for a registered participant.

FACULTY: RAY L. COSS Senior Counsel Nissan North America

$45 NBA member; $55 Non-NBA member $55 NBA member; $65 Non-NBA member

CLE EASY PASS HOLDER: Registration must be received before or on MARCH 6 to guarantee seating and written material at the program. Cancellation must be received by 5:00 p.m. on MARCH 6 to retain CLE Easy Pass Hours.

PASS

CLE

Received before or on MARCH 6: Received after MARCH 6:

COMPLETE YOUR 2014 CLE HOURS & START YOUR 2015 NEW YEAR WITH QUALITY NBA TELEPHONE SEMINARS Distance Learning Credit April 14 April 15 April 16 April 17 April 21 April 22

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Homeowner Agreements for Developers & Project Owners Asset Purchase Deals, Part 1 Asset Purchase Deals, Part 2 Ethics & Digital Communications - (Dual) Drafting Settlement Agreements in Litigation Structuring Minority-State & “Class B” Interest in Business Arrangements - Live Replay n

Nashville Bar Association n Continuing Legal Education n www.nashvillebar.org n 615.242.9272 n

MARCH 19, 2015

SO YOUR CLIENT WANTS TO DEVELOP A PIECE OF PROPERTY…

REGISTRATION - 2:0O p.m. SEMINAR - 2:30 - 4:45 p.m.

WHO SHOULD ATTEND: Attorneys whose practice includes the following areas will value the information provided in the seminar: construction law; general/civil government (state, urban, local); litigation (general civil); real estate law; and zoning/land use.

LOCATION: Nashville Bar Association Conference Center 150 4th Ave. N., Suite 1050 Nashville, TN - 615-242-9272

OVERVIEW: Construction is taking place at a dizzying pace in middle Tennessee. Your client wants to develop a subdivision. Or build a new house in an established neighborhood. Or construct a 20-story office building in downtown Nashville.

PARKING: 1. 4th Ave. next to One Nashville Place

Whatever type of building your client is planning, he or she will be affected by the Vested Rights Property Act of 2014, which took effect on January 1, 2015. This new law is intended to provide more certainty for developers, who must comply with a complex array of local zoning, building, and environmental requirements.

2.0 CLE Hour - General

We are fortunate to have as speakers two lawyers, who were involved in the discussions that led to passage of this law by the General Assembly. Shawn Henry, a lawyer with Tune, Entrekin & White, represents builders and developers. Carrie Logan, Senior Planner with the Metropolitan Nashville Planning Commission, reviews projects and enforces the rules governing those projects on behalf of Metro Nashville.

Registration must be received before or on March 17 to guarantee written materials at the program. No refund or credit will be issued after the early registration deadline; however, a substitute may attend for a registered participant.

(“Garage Full” does not apply to NBA visitors)

2. 4th Ave. across from One Nashville Place 3. Commerce Street 4. Main Library (between 6th & 7th Avenues)

PRODUCER: JOHN P. WILLIAMS Tune, Entrekin & White, P.C.

Received before or on MARCH 17: Received after MARCH 17

April 23 April 24 April 28 April 29 April 30 May 1 May 4 May 5 May 6 May 7 May 8 May 12 May 13 May 14 n

CLE EASY PASS HOLDER: Registration must be received before or on MARCH 17 to guarantee seating and written material at the program. Cancellation must be received by 5:00 p.m. on MARCH 17 to retain CLE Easy Pass Hours.

PASS

FACULTY: SHAWN HENRY Tune, Entrekin & White, P.C. CARRIE LOGAN Metropolitan Nashville Planning Commission

CLE

YOU WILL BENEFIT KNOWING: 1. The types of local government rules that are subject to the new law 2. The time periods in which builders must achieve certain phases of their projects 3. The events that may result in a loss of vested rights

$95 NBA member; $125 Non-NBA member $105 NBA member; $135 Non-NBA member

Fiduciary and Income Tax Issues in Estate Planning, Part 1 - Live Replay Fiduciary and Income Tax Issues in Estate Planning, Part 2 - Live Replay Eminent Domain, Part 1 Eminent Domain, Part 2 Estate Planning for Pre- and Post-Nuptial Agreements - Live Replay Ethics in Employment Law Practice - Live Replay - (Dual) Telephone Courses: 2015 Fiduciary Litigation Update TO REGISTER FOR THESE AND MORE SEMINARS Drafting Effective Employee Handbooks GO TO: http://Nashvillebar.Webcredenza.com Ethics, Disqualifications & Sanctions - Live Replay - (Dual) Business Valuation in Transactional Documents: Formulas, Comps & the Market Attorney Ethics & the Use of “Metadata” in Litigation & Transactional Practice - Live Replay Letters of Intent in Transactions – Framing a Deal & Avoiding Liability 2015 FMLA Update Essential Title Examination in Real Estate & Curing Defects

Nashville Bar Association n Continuing Legal Education n www.nashvillebar.org n 615.242.9272 n

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APRIL 9, 2015

SERVING AS GUARDIAN AD LITEM OR ATTORNEY AD LITEM: FROM THE BENCH - HON. RANDY KENNEDY WHO SHOULD ATTEND: Any attorney not yet on the approved list for appointment as Guardian ad litem or Attorney ad litem in Seventh Circuit Court may qualify for future appointment by attending this seminar. Attorneys that want to stay current on issues related to serving as Guardian ad litem or Attorney ad litem will benefit from the program. OVERVIEW: The Seventh Circuit Court, Probate Division, maintains a list of attorneys qualified to be Guardians ad litem and Attorneys ad litem. Both roles are important to the Court and to the people coming before the Court. Judge Kennedy, therefore, expects all attorneys desiring to become Guardians ad litem to learn about their duties, responsibilities, and about the myriad issues that surround conservatorships and guardianships. This seminar covers those issues. YOU WILL BENEFIT KNOWING:

LOCATION: Nashville Bar Association Conference Center 150 4th Ave. N., Suite 1050 Nashville, TN - 615-242-9272 PARKING: 1. 4th Ave. next to One Nashville Place

(“Garage Full” does not apply to NBA visitors)

2. 4th Ave. across from One Nashville Place 3. Commerce Street 4. Main Library (between 6th & 7th Avenues)

2.0 CLE Hour - General PRODUCER: SUSAN BLAIR Nashville Bar Association Registration must be received before or on April 7 to guarantee written materials at the program. No refund or credit will be issued after the early registration deadline; however, a substitute may attend for a registered participant.

CLE EASY PASS HOLDER: Registration must be received before or on APRIL 7 to guarantee seating and written material at the program. Cancellation must be received by 5:00 p.m. on APRIL 7 to retain CLE Easy Pass Hours.

FACULTY: HON. RANDY KENNEDY Judge, Seventh Circuit Court, Davidson County Received before or on APRIL 7: $95 NBA member; $125 Non-NBA member Received after APRIL 7 $105 NBA member; $135 Non-NBA member

CHECK THE NBA WEBSITE, www.nashvillebar.org

FOR MORE UPCOMING SEMINARS

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MAY 14, 2015 Practice Tips in 3rd and 4th Circuit Courts – Hon. Phillip Robinson & Hon. Philip Smith 2:30 – 4:45 p.m. CLE: 2.0 CLE – General Producer: IRWIN KUHN Dobbins, Venick, Kuhn & Byassee, PLLC __________________________________________ JUNE 16, 2015 Court of Workers’ Compensation Claims & Workers’ Compensation Appeal Board: From the Bench – Chief Judge Kenneth Switzer Noon – 1:00 p.m. CLE: 1.0 CLE – General Producer: WENDY LONGMIRE Ortale, Kelley, Herbert & Crawford __________________________________________

PASS

CLE

1. Your Duties as a Guardian ad litem 2. Your Duties as an Attorney ad litem 3. Dos and Don’ts when Serving as a Guardian ad litem or Attorney ad litem 4. The Role of The Office of Conservatorship Management 5. Rules for Fees and Compensation 6. How to Obtain CLE Credit 7. How to Fulfill Pro Bono Obligations in No Asset or Small Asset Cases 8. When a Guardian ad litem is Unnecessary 9. When to Recommend a Third Party as Fiduciary 10. Overall Observations from the Bench

REGISTRATION - 2:0O p.m. SEMINAR - 2:30 - 4:45 p.m.

JUNE 18, 2015 Topic: Construction Law 1:30 – 4:50 p.m. CLE: 3.0 CLE – General Producers: BEAU HAMMET The Hammet Law Firm, PLLC HEATHER WRIGHT Bradley Arant Boult Cummings LLP __________________________________

Nashville Bar Association n Continuing Legal Education n www.nashvillebar.org n 615.242.9272 n

Lunch & Learn Program

BROWN BAG LUNCH! The lunch and learn seminars will be conducted at the Nashville Bar Association office Conference Center. You are welcome to bring your lunch to the seminar.

APRIL 15, 2015 REGISTRATION - 11:30 a.m. SEMINAR - 12:00 - 1:00 p.m.

DEALING WITH PRO SE LITIGANTS: From the bench & bar

LOCATION: Nashville Bar Association Conference Center 150 4th Ave. N., Suite 1050 Nashville, TN - 615-242-9272

WHO SHOULD ATTEND: Attorneys who litigate civil cases in state and federal courts, and bankruptcy practitioners will benefit from this program. OVERVIEW: Many attorneys encounter pro se litigants. These may be either plaintiffs or defendants in civil litigation, or debtors or creditors in bankruptcy cases. How should attorneys deal with pro se litigants? How do judges handle problems with pro se litigants in their courts, and what are their recommendations to attorneys?

PARKING: 1. 4th Ave. next to One Nashville Place

(“Garage Full” does not apply to NBA visitors)

2. 4th Ave. across from One Nashville Place 3. Commerce Street 4. Main Library (between 6th & 7th Avenues)

1.0 CLE Hour - General

YOU WILL BENEFIT KNOWING HOW TO DEAL WITH PARTIES WHO: 1. Don’t know their rights and obligations or how to present their claims or defenses, introduce evidence, examine witnesses, and other issues. 2. Won’t cooperate, have frivolous cases or are litigious 3. Have mental issues or may be dangerous 4. Are not fluent in English AND FIND OUT:

PRODUCER: LINDA W. KNIGHT

Gullett, Sanford, Robinson & Martin, PLLC

Registration must be received before or on April 13 to guarantee written materials at the program. No refund or credit will be issued after the early registration deadline; however, a substitute may attend for a registered participant.

Received before or on APRIL 13: Received after APRIL 13:

CHECK THE NBA WEBSITE, www.nashvillebar.org

FOR MORE UPCOMING SEMINARS n

CLE EASY PASS HOLDER: Registration must be received before or on APRIL 13 to guarantee seating and written material at the program. Cancellation must be received by 5:00 p.m. on APRIL 13 to retain CLE Easy Pass Hours.

PASS

FACULTY: HON. KEITH M. LUNDIN Chief Bankruptcy Judge, U. S. Bankruptcy Court, Middle District of Tennessee HON. ELLEN HOBBS LYLE Chancellor, Chancery Court, Davidson County, Part III JOEL A. VALLEJO Buffaloe & Associates, PLC

CLE

1. From judges’ perspectives, how much latitude to allow pro se litigants 2. What can the courts and the bar do to make counsel available to assist on dockets? 3. What has been tried and how well has it worked?

$45 NBA member; $55 Non-NBA member $55 NBA member; $65 Non-NBA member

JUNE 29 and 30 Co-sponsored with the NBA Young Lawyers Division What to Expect at the Courthouse: Civil, Circuit, Criminal Judges and Chancellors Share Their Views from the Bench 9:00 – 4:50 p.m. 12.0 CLE – General both days; 6.0 CLE – General each day Producers: GROVER COLLINS Collins Law Firm, PLLC BEN GOLDAMMER Kay, Griffin, Enkema & Colbert, PLLC TAYLOR SUTHERLAND, Sutherland & Belk, PLC

JULY 23, 2015 Lunch and Learn Topic: Health Law The Supreme Court Ruling on the Affordable Care Act Noon – 1:00 p.m. CLE: 1.0 CLE – General Producers: MARC OVERLOCK Metropolitan Hospital Authority JOHN WILLIAMS Tune, Entrekin & White, P.C.

Nashville Bar Association n Continuing Legal Education n www.nashvillebar.org n 615.242.9272 n

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APRIL 16, 2015 REGISTRATION - 1:0O p.m. SEMINAR - 1:30 - 4:50 p.m.

ANATOMY OF AN APPEAL: APPELLATE PRACTICE FOR THE TRIAL LAWYER From the bench & bar WHO SHOULD ATTEND: Do you want to sharpen your appellate practice skills? Would knowing how to build the best record for your case at the trial level, ways to prepare the best brief, and methods to sharpen your oral argument be a practice boost? Attend this program and hone your appellate practice skills. OVERVIEW: The thrill of victory can be the agony of defeat on appeal. Likewise, a loss at trial may be turned into a win on appeal. Learn how to keep your options open and build the best record for appeal. Then, get tips for preparing an effective brief and pointers for making persuasive oral arguments to appellate courts. Also, hear from the panel of appellate judges on the inside workings of the Tennessee appellate courts. Whether you are a newer appellate practitioner, one who needs a refresher course on appellate practice, or would just like to sharpen your appellate practice skills, this seminar will provide you with the strategies and tips for a successful appeal. AGENDA

LOCATION: Nashville Bar Association Conference Center 150 4th Ave. N., Suite 1050 Nashville, TN - 615-242-9272 PARKING: 1. 4th Ave. next to One Nashville Place

(“Garage Full” does not apply to NBA visitors)

2. 4th Ave. across from One Nashville Place 3. Commerce Street 4. Main Library (between 6th & 7th Avenues)

3.0 CLE Hour - General FACILITATOR and PRODUCER: BARBARA D. HOLMES Harwell Howard Hyne Gabbert & Manner, P.C. Registration must be received before or on April 14 to guarantee written materials at the program. No refund or credit will be issued after the early registration deadline; however, a substitute may attend for a registered participant.

1:30 – 2:30 p.m. PRESERVE YOUR ISSUES FOR APPEAL 1. Preparing the record in trial court 2. How to preserve issues for appeal, including methods to balance appeal rights with trying to win your case at trial 2:30 – 2:40 p.m.

BREAK

2:40 – 3:40 p.m. WRITING AN EFFECTIVE APPEAL BRIEF 1. Know your audience: how to protect your credibility with the court and still build a convincing story from the record 2. Top 10 mistakes that the appellate judge’s law clerk recognizes BREAK

HON. JEFFREY S. BIVINS, Tennessee Supreme Court HON. HOLLY M. KIRBY, Tennessee Supreme Court HON. W. NEAL McBRAYER, Tennessee Court of Appeals HON. JOE P. BINKLEY, JR., Davidson County Fifth Circuit Court JOHN C. HAYWORTH, Butler | Snow CANDY HENRY, Dodson Parker Behm & Capparella, PC (former law clerk to Justice William Koch

FACULTY:

Received before or on APRIL 14: Received after APRIL 14:

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CLE EASY PASS HOLDER: Registration must be received before or on APRIL 14 to guarantee seating and written material at the program. Cancellation must be received by 5:00 p.m. on APRIL 14 to retain CLE Easy Pass Hours.

$139 NBA member; $189 Non-NBA member $149 NBA member; $199 Non-NBA member

Nashville Bar Association n Continuing Legal Education n www.nashvillebar.org n 615.242.9272 n

PASS

3:50 – 4:50 p.m. INSIDE THE COURT: BEHIND AND IN FRONT OF THE BENCH 1. What makes a successful oral argument? 2. Panel discussion by members of Tennessee’s appellate courts

CLE

3:40 – 3:50 p.m.

MAY 19, 2015

ETHICAL AND EFFECTIVE MARKETING THROUGH YOUR LAW FIRM WEBSITE

REGISTRATION - 2:0O p.m. SEMINAR - 2:30 - 4:45 p.m.

WHO SHOULD ATTEND: If you have a legal practice website or are developing a website, then you need to attend this program to find out how to stay compliant within the rules. You will learn valuable essentials about managing your website content and key ethical and effective website requirements.

LOCATION: Nashville Bar Association Conference Center 150 4th Ave. N., Suite 1050 Nashville, TN - 615-242-9272 PARKING: 1. 4th Ave. next to One Nashville Place

(“Garage Full” does not apply to NBA visitors)

WE ENCOURAGE YOU TO REGISTER YOUR FIRM’S WEBSITE MANAGER, ANYONE WHO PARTICIPATES IN SOCIAL MEDIA FOR YOUR FIRM, AND YOUR WEBSITE CONSULTANTS.

2. 4th Ave. across from One Nashville Place 3. Commerce Street 4. Main Library (between 6th & 7th Avenues)

If you are an NBA member, your invited attendees can register at the NBA member rate. Please email or call the CLE Division with the names of those who are registering at your invitation.

PRODUCER: JANE HARRISON, JD WSI Websense

OVERVIEW: A local law office recently experienced an ethical rules problem when the web group they hired created content that clearly misrepresented the firm. The reasoning the web group gave for creating the content was that the firm needed more “umph in their content.” They took documents given to them by the law firm and embellished the actual facts to create what they considered inspiring content.

Registration must be received before or on May 15 to guarantee written materials at the program. No refund or credit will be issued after the early registration deadline; however, a substitute may attend for a registered participant.

2.0 CLE Hour - Dual

Don’t fall into the same trap. Learn from our expert presenters the tools and strategies you need to avoid ethical issues that can be created through your website. Stay up to date on the ethical rules that govern marketing through your website, how digital marketing works, ways to assess the content on your website, and how the 2 year rule – 7.2(b) – can be met through skillful use of analytics.

3:30 – 3:45 p.m.

BREAK

3:45 – 4:45 p.m.

ETHICS & PROFESSIONALISM: RULE 7.2(b): CONTENT POSTED TO THE WEB IS NEVER LOST! 1. Behind the scenes of your website: how you can comply with the 2 year rule 2. Measure twice, cut once: social media can help or hurt you for many years 3. Mobile responsive: What is it and why it is important? 4. Beyond responsive websites: algorithms and the “everflux.”

FACULTY:

Registration must be received before or on MAY 15 to guarantee seating and written material at the program. Cancellation must be received by 5:00 p.m. on MAY 15 to retain CLE Easy Pass Hours.

JANE HARRISON, JD, WSI Websense JANE has been involved in marketing for 20 years, including over 5 of those years in the legal industry. MARYN WILLIAMS, MBA, WSI Websense MARYN has 20 years of experience in marketing management, with more than 10 years in the digital marketing arena.

Received before or on MAY 15: Received after MAY 15:

CLE

ETHICS & PROFESSIONALISM: RULE 5.3: YOU ARE RESPONSIBLE FOR NON-LAWYER ASSISTANTS 1. Everything written on your website is content 2. Everything posted on Social Media is content 3. Search Engine Optimization can be seen AND not seen on your site 4. What is written behind the scenes of your website? CLE EASY PASS HOLDER:

PASS

2:30 – 3:30 p.m.

$95 NBA member; $125 Non-NBA member $105 NBA member; $135 Non-NBA member

Nashville Bar Association n Continuing Legal Education n www.nashvillebar.org n 615.242.9272 n

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Nashville Bar Association n Continuing Legal Education n www.nashvillebar.org n 615.242.9272 n

Put some DRAMA into YOUR CLE with these engaging

ALL WEBCASTS ARE ON MONDAY OR WEDNESDAY

MOVIE WEBCASTS

! Make Your Witness aJamStar es PRODUCER: PRODUCER:

Facilitated by Katherine

MAY 6, 2015 NOVEMBER 11 11:00 a.m. – 1:30 p.m. CST ing 2.25 CLE Hours - General- Distance Learn

COMING! THURGOOD MARSHALL’S ael Rambo Featuring T. Myc

Winner of the ABA 2005 Silver Gavel

Award

March 25 JULY 22 DECEMBER 2

11:00 a.m. – 1:40 p.m. CST 2.50 CLE Hours - Dual- Distance Learning

Clarence Darrow:

the Courtroom Crimes, Causes anFeatd uring Graham Thatcher as Clarence Darrow

APRIL 15 JUNE 24 11:00 a.m. – 2:15 p.m. CST 3.0 CLE – Dual - Distance Learning

Ben Franklin on Ethics Featuring Christopher Lowell

APRIL 8 JUNE 30 AUGUST 19 11:00 a.m. – Noon CST 1.0 CLE - Dual - Distance Learning

FOR MOVIE WEBCAST DETAILS AND TO REGISTER GO TO: WWW.PERIAKTOS.BIZVISION.COM

Produced by the Atlanta Bar Association CLE, the Chief Just Commission on Professionalismice’s in Georgia and Impact Media Solu tions

APRIL 8 JUNE 30 AUGUST 19 NOTE TIME: 12:15 p.m. – 1:30 p.m . CST 1.25 CLE – Dual - Distance Learning

Impeach Justice Douglas! Featuring Graham Thatcher as Justice William O. Douglas

MARCH 11 JUNE 17 SEPTEMBER 19 DECEMBER 9 11:00 a.m. – 2:15 p.m. CST 3.0 CLE – Dual - Distance Learning

ON THE HORNS OF A DILEMMA MARCH 18 MAY 13 JULY 15 SEPTEMBER 23 1:00 a.m. – Noon CST 1.0 CLE Hours - General Distance Learning

The Art of Advocacy - What Ca n Lawyers Learn From Actors? Featuring Alan Blumefeld & Kath

erine James

JUNE 10 OCTOBER 7 DECEMBER 16 11:00 a.m. - 2:30 p.m. CST 3.25 CLE – General- Distance Lear

ning

BROUGHT TO YOU BY THE NASHVILLE BAR ASSOCIATION CLE AND PERIAKTOS PRODUCTIONS, LLC … the Dramatic Difference in CLE

Nashville Bar Association n Continuing Legal Education n www.nashvillebar.org n 615.242.9272 n

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PLI AND THE NASHVILLE BAR ASSOCIATION BRING YOU LIVE WEBCASTS The Practicing Law Institute and the Nashville Bar Association are working together to bring PLI’s sophisticated and cutting-edge programs to Tennessee attorneys through live webcasts held in the NBA Conference Center.

LIVE CLE CREDIT

Attorneys attending the live webcasts at the NBA office will earn “LIVE” CLE credit. You can register with PLI through the NBA or PLI websites. Webcasts are listed under the “Nashville Bar CLE” tab on the NBA website. Questions? Contact Christine Seisler at PLI, cseisler@pli.edu (212) 824-5798, or Susan Blair at the Nashville Bar Association, susan.blair@nashvillebar.org (615) 242-9272. REGISTER NOW FOR THE FOLLOWING LIVE WEBCASTS Go to the NBA website www.nashvillebar.org and click the Nashville Bar CLE tab for course details and to register. The webcast start times listed below are in Central Standard Time (Nashville) time. March 16, 2015 PSYCHOLOGY ISSUES IN EMPLOYMENT LAW 2015 – General Credit 12:30 – 4:00 p.m. March 30, 2015 ETHICS FOR THE NEGOTIATING LAWYER 2015 – Dual Credit 1:30 – 3:30 p.m. June 2, 2015 APPELLATE ADVOCACY – General Credit 1:00 – 4:00 p.m. July 27, 2015 ETHICS FOR DISCOVERY 2015 – Dual Credit 11:00 a.m. – 1:10 p.m. August 6, 2015 WRITING FOR TRANSACTIONAL LAWYERS – General Credit 1:00 – 4:00 p.m. August 11, 2015

THE ATTORNEY-CLIENT PRIVILEGE & INTERNAL INVESTIGATIONS 2015 2:00 – 4:00 p.m.

September 30, 2015

SECURITIES LAW & PRACTICE 2015: HOW THE SEC WORKS 12:30 – 4:00 p.m.

November 4, 2015 ELECTRONIC DISCOVERY IN CRIMINAL INVESTIGATIONS & TRIALS 2015 12:30 – 400 p.m.

CL 10 E

Nashville Bar Association n Continuing Legal Education n www.nashvillebar.org n 615.242.9272 n

CLE Rule Change Highlights Effective January 2015, all sections of Tennessee Supreme Court Rule 21, governing continuing legal education, have been replaced with the exception of sections 6 and 7, which have minor deadline revisions. To read all the changes, refer to the Tennessee Supreme Court’s December 14, 2014 decision, available at the Tennessee Commission on Continuing Legal Education and Specialization website, http://www.cletn.com/, or refer to the updated Rule 21, available at http://www.tsc.state. tn.us/rules/supreme-court/21. • Age Exemption If you attained the age of 65 on or before December 31, 2014, you no longer need CLE credits to maintain your Tennessee license (Rule 21, § 2.04(c)). This exemption, however, does not apply to Rule 31 mediators. See Tenn. S. Ct. R. 31. If you were under age 65 as of January 1, 2015, you are now required to obtain CLE credit until you attain age 70. (Rule 21, § 2.04(c)). • In-Classroom Credit Hours You still must have at least 7 non-“distance learning” hours each year, (Rule 21, § 4.08), but now you must obtain a minimum of 5 in-classroom hours of CLE per year. (Rule 21, § 3.01). If you attend a CLE course outside of Tennessee provided by an out-of-state provider, and the course has not been approved by the Commission for CLE credit, you can attempt to obtain CLE credit by submitting “a detailed agenda and speaker biographies” to the Commission. All rules on course accreditation apply. (Rule 21, § 5.05(d)). There is not, however, any mechanism to obtain credit for courses taken in Tennessee by out-of-state providers. • Teaching Law & Law-Related Courses You can earn 4 CLE credits for each hour of academic credit awarded for a “law-related” class taught at a law school, college, university, or community college. (Rule 21, § 4.03). “Full-time law school professors who are not practicing law” do not need to obtain CLE credits. (Rule 21, § 2.04(e)). You may audit a law school class and receive 1 credit for each hour of class attendance. (Rule 21, § 4.04). • Published Writings You can now only obtain up to half of your annual CLE credits (General and E/P) for published writings “concerning substantive law, the practice of law, or the ethical and professional responsibilities of attorneys, if the writing is published in approved publications intended primarily for attorneys. Credit shall be awarded in the amount of 1 CLE credit for every 1,000 words.” (Rule 21, § 4.07(b)). • Pro Bono Pro Bono work now qualifies as dual credit (either General or E/P) “earned at the rate of one hour of credit for every five billable hours of pro bono legal representation. . . .” (Rule 21, § 4.07(c)). A maximum of 3 CLE credits may be attained by pro bono work. • Specialists The Tennessee Commission will no longer be certifying specialists. Instead, the Commission will keep a “Roll of Certified Specialists” on its website.

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CL 11 E

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Bill & Phil's Gadget of the Month: Outlook Mobile App Continued from page 12

The surprising integration with cloud storage accounts in the new Outlook app is a welcome feature as well. Now, when we want to attach a file to an email from one of our connected cloud storage accounts, we are presented with a uniform interface that shows all of our connected accounts, with consistent navigation to the desired file, regardless of which cloud account the file resides in. For some reason the iOS version of the app is more mature (and less buggy) than the Android version (probably because iPhones and iPad account for the vast majority of mobile devices being used in the U.S, and because Microsoft acquired the Accompli app and turned it into the Outlook app). But we’re told that the Android version of the Outlook app will eventually catch up and be as pretty and feature-rich as the iOS version. We hope so. Ironically, the app is not yet available for Windows phones. So while some may find it difficult to get excited about e-mail with all the new gadgets and innovative apps on the market, we justifiably danced a little jig when we realized that this new Outlook app would help us master the biggest monster we face every day, our email Inbox. If you still live in the email world (and who among us doesn’t?), you need to download this app right away.

See you next month, —Bill & Phil

2015 NBA/NBF Golf Tournament

Presented By: Nashville Bar Association & Nashville Bar Foundation Thursday, May 14, 2015 Vanderbilt Legends Club Franklin, TN 12 Noon – Range Balls Available 1PM – Shotgun Start If you have any questions, you can contact Traci Hollandsworth at the NBA (242-9272 or traci.hollandsworth@nashvillebar.org We will have a Cookout and Prizes at the conclusion of Play. There will be team prizes and individual contests (longest drive, longest putt, closest to pin, etc.) Please use the form to register yourself or a team.

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Nashville Bar Journal - March 2015

Prison Mates by:

Hal Hardin

With the anniversary of the Battle of Shiloh approaching, Hal Hardin reflects on his great grandfather as well as the ancestors of fellow members of the bar. I have always felt a special bond with my friend and colleague, Bill Harbison. It could be because we have handled a lot of matters together or because his dad, Justice William Harbison was my favorite law professor. Or maybe, just maybe, it is because our great grandfathers, Isaac Henry Hardin and William Matthew “Bee” Harbison, were once in prison together. Yes, prison.1 Our ancestors came to Tennessee a long time ago. Bee was born on January 13, 1840 in Hickman County, near the Maury County Line. Isaac’s grandfather was Obediah Hardin. Obediah fought under General Andrew Jackson at the battle of New Orleans in 1814, against the army that had defeated Napoleon. He returned to farm in the “Chickasaw Nation” in what is now Benton County, Tennessee. His small farm sat on the high hill, now overlooking the I-40 west bound bridge over the Tennessee River. After returning, Obediah then hung up his gun, became a pastor, and tried to live peacefully up to his name Obediah (“Servant of the Lord”). It was not to be for so for many of his descendents, including his grandson, Isaac Hardin. In 1860, few in his area owned slaves or advocated slavery. Many of the settlers had suffered their own (admittedly milder) bondage under the old European apprenticeship system. Causes of war are inevitably complex, but many of the poor southern boys who headed to battle were motivated by agrarian concerns rather than any desire to maintain the Confederacy’s horrible pro-slavery position. To many of them, the issue was fierce protection of land and their belief that the indus14 Nashville Bar Journal - March 2015

trious North was infringing upon their economic and states’ rights. But, in short, it was another example of old men recklessly sending boys to fight their battles. On November 7, 1861, Isaac, then still a teenager, enlisted in the Confederate army in the 49th Infantry Company H in Benton County. He was joined by Obediah’s son, Lige Hardin, and Obediah’s sons-inlaw, Hardy Hatley and Wesley Bailey. Bee enlisted in Captain J. M. Sparkman’s Tennessee Light Artillery Company, which was formed to become part of the Confederate Army of Tennessee. Bee was a private with the “Maury Artillery,” which manned heavy artillery at Fort Donelson on the Tennessee River. Just three and one-half months later, on February 16, 1862, at Fort Donelson, Isaac and Bee were captured by General Ulysses S. Grant’s advancing army and sent to Camp Douglas, a prisoner of war camp located near Chicago.2 At the Battle of Fort Donelson, the casualties estimated at 2,331 U.S. troops, and 15,067 Confederate. Isaac’s uncle Hardy was among those killed. His uncle Wesley went to Camp Douglas along with Isaac, Bee, and the others.

Wesley died there, as did many prisoners. Lige was the only member of the Hardin group not to be captured or killed in the battle. General Grant then moved south to Shiloh. Odds are that the capture saved the Donelson prisoners’ lives as they would miss the horrific slaughter at Shiloh on April 6-7, 1862; some estimate the casualties there at 10,699 Confederate and 13,047 Union. At Camp Douglas on August 29, 1862, Isaac and Bee, like many of the soldiers, took the oath of allegiance to the United States 3 before walking back to Tennessee. Bee rejoined the fight upon his return.4 In 1909, Bee applied for an army pension, and he was initially denied because he had been confused with another Harbison claimed to be a deserter. E.P. Adkins gave an affidavit on July 14, 1909, in support of Bee’s application for a pension. He stated: I was Harbison’s messmate and slept with him and knew of his whereabouts from the time of the Franklin fight ’til the surrender. I know that he went out of Tennessee with the command when Hood went out of Tennessee. I know the said Harbison was in the battle of Nashville and was with me in that battle and we went out when Hood retreated, and he was with the Company John S. Groves, Captain, from that time until the surrender at Gainesville, Alabama . . . and I know was a matter of fact that the said Harbison never deserted . . . . This Harbison was usually called ‘Bee.’ Mr. Adkins’ affidavit is consistent with family lore that Bee walked Home from Alabama after the war ended.

(Endnotes) 1 Also imprisoned with Isaac and Bee was attorney Sam Wallace’s great grandfather, Madison Monroe Wallace. Madison enlisted with the Confederate Army on his 17th birthday, September 20, 1861. According to family history, he joined to be with and protect his older brother, William Henry Wallace. Sam’s great grandfather, Wallace, was also captured on February 16, 1862, and sent to Camp Douglas. He was among those exchanged in a prisoner swap in November 1862, at Vicksburg, Mississippi. He returned to the newly reformed 50th Tennessee Infantry at Vicksburg, Mississippi, and served in multiple battles until December 16, 18644, when he was captured for a second time near Shy’s Hill and sent to POW Camp Chase, Ohio. He was released April 17, 1865, walked to Dover, depending on the kindness of strangers along with way. He remained in Dover until he passed in 1926. After the war, Wallace received the Southern Cross of Honor. The oldest son of Madison was Shelby Wallace, who moved to Nashville. The oldest son of Shelby was Lacy Monroe Wallace was Sam Wallace, Sr., father of my colleague, Sam Wallace. Attorney Ward Dewitt and his son Assistant District Attorney, Paul Dewitt, also had an ancestor who was captured, William Vance Whiston, a Confederate calvaryman. William spent the remainder of the war in a federal prison, where he suffered terribly but somehow survived. After the war, he became a lawyer, practicing in McMinnville, Tennessee, eventually becoming the District Attorney for the area.

Judge Bennett’s ancestor, Milton Parchman, avoided being captured because before the battle he contracted measles and was sent to a hospital in Nashville. Milton’s brother brought Milton home before Nashville was captured. He remained ill for two years. Nevertheless, he still took the oath of allegiance to the United States, explaining:

I was forced to take the oath . The Federal (sic) said I could take the oath and save my father’s home and myself. If I did not take the oath they would destroy his home and everything he had and would take me off which meant certain death in my physical condition at that time. Failure to sign meant death to me and distruction (sic) to my father and mother. I had to be carried to sign the papers. Milton died in Houston County in 1938 at the age of 94.

Isaac, however, walked from Camp Douglas back to Tennessee, where he farmed and was married by his grandfather, the old soldier, Obediah. Still suffering from the war, Isaac died in 1882, only 40 years old. Isaac left five children—all under the age of ten at the time of his death— one of which was my grandfather, James Lafayette Hardin. 

Nashville Bar Journal - March 2015

Federalism Affirmed The story of how a Tennessee case led to the first and only trial held before the U.S. Supreme Court Continued from page 11

to the outbursts, the Court elected to take another recess before closing arguments. Deliberations commenced at 5:40 p.m. At midnight, the jury informed the court they were hung: eight to convict and four to acquit. The judge sent the jurors home for the night. The next morning, just 17 days after the crime, the jury reached its verdict in less than an hour, finding Johnson guilty of rape. Judge Reynolds dismissed the jurors and adjourned court until 3 p.m. to set Johnson’s execution date. During the break, defense counsel Thomas requested Judge Reynolds appoint a panel of three attorneys to advise the defense since they were divided on whether to seek an appeal. After improperly meeting ex parte with the District Attorney, Judge Reynolds named the panel. The original three defense attorneys and panel ultimately determined to waive. Johnson acquiesced, conceding he was ready to die although he was innocent. Law in effect at the time required execution by hanging, set no fewer than 30 days but no more than 60 days after conviction. Judge Reynolds chose March 13, 1906. All involved in the trial thought the case was done. But within hours of court adjourning, Ed Johnson’s father, “Skinbone” Johnson visited the law office of Noah Parden. While Parden had been apprehensive to participate in the trial he had been convinced of Johnson’s innocence as had Parden’s law partner, black attorney Styles Linton Hutchins. Post-Trial Proceedings Three days after the verdict, Parden and Hutchins went to the court house to advise Judge Reynolds of their intent to seek an appeal and file the motion for new trial. Judge Reynolds directed they come back the next day to file in open court in the presence of the prosecutor. Perplexed, Parden inquired if they would miss the statute of limitations, as the local rules in effect required the motion to be filed in three days. Hutchins noted that Parden 16 Nashville Bar Journal - March 2015

included Sunday in his calculation, and a judge “has never counted Sunday against a defendant.” Judge Reynolds simply nodded. When counsel appeared in court, Assistant District Attorney E.S. Daniels opposed the filing on the basis Johnson already had waived his appeal. Although Parden explained they had been authorized to file by Johnson’s father, the prosecutor invoked the time limit for filing a motion for new trial. Judge Reynolds harshly chastised the defense on the record and denied the motion as untimely by one day. Undeterred, Parden and Hutchins raised funds for the trial transcript and, on February 20, filed a writ of error and writ of supersedeas with the Tennessee Supreme Court in Nashville. The state supreme court declined to postpone the execution in a unanimous decision issued March 3. Contemporaneous with these collateral proceedings, Sheriff Shipp and Judge Reynolds ordered deputies to stretch the noose: “To do so, the officers tied one end of the rope to the wooden gallows and weighted down the loose end with a 100-pound rock. Their goal was to eliminate all the kicks and slack in the inchthick hemp.”6 The following week, on March 7, Hutchins travelled to Knoxville to obtain permission from Johnson to file a petition for writ of habeas corpus on his behalf pursuant to the Habeas Corpus Act of 1867, a congressional act that allowed state defendants to seek relief in federal court if imprisoned in violation of federal constitutional rights. The catch: at this point neither the U.S. Supreme Court nor Congress had established what federal constitutional rights could be asserted by a state defendant. The Bill of Rights applied only to federal court defendants; no court had held that the rights contained in the 4th, 5th, or 6th Amendments were incorporated to state defendants.

As such, the habeas corpus procedure was generally denied and sought only when counsel wished to delay a sentence. Nonetheless, Parden pursued relief, knowing his argument was weak and that there had been no case law within the previous 40 years where a federal court reversed a state conviction because of a due process violation. An equal protection argument had little chance of success either, but Parden was able to cite precedent. He argued that the “equal protection” clause in the 14th Amendment applied to the state courts, relying on an 1886 U.S. Supreme Court decision that held the systematic exclusion of blacks from juries violated the equal protection clause. Parden filed the petition for habeas relief with the U.S. District Court in Knoxville on March 7. The hearing was held Saturday, March 10, before Judge C.D. Clark. Lewis Shepherd rejoined the defense to the consternation of Judge Reynolds. Testimony and oral arguments consumed the day; the hearing concluding near 9 p.m. Due to the urgency of the matter with the execution set for March 13, Judge Clark advised the parties he would issue a ruling that night. Approximately forty-seven minutes past midnight Judge Clark concluded on the record he could not rule in favor of the defense even if all the allegations were true because (1) there was insufficient evidence establishing systematic exclusion of black jurors in Hamilton County and (2) the Sixth Amendment right to a fair trial did not apply to state courts. Judge Clark, however, believed he had authority to stay the execution to March 23, to allow Johnson 10 days to appeal to the United States Supreme Court. State Court vs. Federal Court As of March 12, Sheriff Shipp had conflicting orders: a state order setting execution for March 13 and a federal order setting execution for March 23. The community was up in arms as to which court served as the controlling authority. Moreover, the locals were “indignant that the stay was a result of a federal judge’s sticking his nationalistic gavel in their

state-court system.”7 Eventually, Judge Clark questioned his own authority to grant the stay. After he and Judge Reynolds consulted Tennessee Governor Cox, the governor compromised with a seven day stay. Execution was now set for March 20. For the next few days, Parden and Hutchinson worked tirelessly on the case despite personal threats to their families and arsonists attempting to burn down Hutchinson’s office. The following week, on March 16, Parden consulted with respected attorney Emanuel D. Molyneaux Hewlett, one of the few black members barred before the Supreme Court, for guidance on United States Supreme Court proceedings. In light of the creation of the federal circuit court system in 1891, Hewlett advised Parden that he would most likely appear before Justice John Marshall Harlan of Kentucky, the liaison between the U.S. Supreme Court and Sixth Circuit. Parden filed his official appeal of the denial for federal habeas corpus with the U.S. Supreme Court the same day, marking the first time a black attorney would ever serve as lead counsel before the Court.

rights issues that could have been, and eventually were, addressed by the Supreme Court. But it would take approximately 60 years for all the rights raised in Parden’s petition to be recognized by the states.

Based on their findings, Moody filed a petition on May 28, charging contempt of the Supreme Court—the first and only time such action has occurred in legal history. Moody noted:

Shipp relieved the jailers of night duty on March 19, leaving one feeble guard for the night shift. A mob of up to 150 armed, angry white men stormed the Chattanooga jail. Johnson waited in his cell listening to the mob for more than three hours as they broke down the interior gates to his cell block. (Johnson and a female prisoner were the only inmates that remained on the third floor; all the white male inmates had been moved to another floor earlier that day.) The terror continued onto the streets of Chattanooga once the mob seized Johnson. The mob brutalized Johnson on the way to the county bridge, the chosen site for the lynching. Mob members hoisted Johnson while others fired ammunition at his dangling body. A bullet struck the rope causing Johnson to fall, still alive, onto the bridge. Johnson was shot at five more times before one mob leader pinned a note to Johnson’s lifeless body: “To Justice Harlan. Come get your nigger now.”

This proceeding is unique in the history of courts. Its importance cannot be overestimated. Lynchings have occurred in defiance of state laws and state courts without attempts, or at most with only desultory attempt, to punish the lynchers.10

Parden made his arguments to Justice Harlan the following day, March 17. While Parden returned to Chattanooga, Justice Harlan consulted with his brethren Sunday morning at Chief Justice Melville Fuller’s home. During the deliberations the justices expressed concern about asserting federal jurisdiction over a state matter, but they unanimously agreed it was the role of the U.S. Supreme Court to intervene “to send a message to law-enforcement and court officials throughout they country that they were expected to obey the spirit as well as the letter of the law.”8 Justice Harlan hand wrote the March 18 decision granting Johnson’s appeal.

Contempt of Court: United States v. Shipp While black and white community leaders condemned the lynching, the pervasive public sentiment in Chattanooga was that the U.S. Supreme Court instigated the violence by invading the province of a state criminal court case.

Johnson never had a chance to pursue his case. Parden and Hutchins never had their historic opportunity as the first black lead counsel to argue before the high court. The Johnson case was ripe with multiple

At the request of President Theodore Roosevelt’s directive to the Department of Justice to investigate the lynching, U.S. Attorney General William Moody sent two Secret Service agents to Chattanooga.

Justice Harlan responded to the Washington Post that “Johnson was tried by little better than mob law before a state court. … He had the right to a fair trial, and the mandate of the Supreme Court had for the first time in the history of the country been openly defied by a community.”9

Shipp I: Jurisdictional Issue The 26 defendants11—Sheriff Shipp, his deputies, and alleged members of the mob—appeared before the U.S. Supreme Court in Washington, D.C. on October 15, to plead not guilty. (Interestingly, Lewis Shepherd represented some of the individuals alleged to have participated in the mob lynching.) The Supreme Court bifurcated the proceedings, taking up the defense’s challenge of jurisdiction first during oral arguments held December 4-5, 1906. At that time the high court consisted of eight justices since Justice Henry Brown (author of Plessy v. Ferguson) recently retired. The Senate had not yet confirmed President Roosevelt’s nomination of then- Attorney General Moody to fill the vacate seat. As the first ever trial before the high court, no procedural guide existed; thus, the eight justices conferred and decided to allow each party three days to file posthearing briefs before rendering a written decision. While the decision was pending, the Senate confirmed Moody on December 17, but he recused himself from participating in the case since he had initiated the charges. The unanimous Supreme Court opinion, authored by Justice Oliver Wendell Holmes, was issued on Christmas Eve 1906. The court determined it had jurisdiction over the defendants: Continued on Page 18  Nashville Bar Journal - March 2015

Federalism Affirmed The story of how a Tennessee case led to the first and only trial held before the U.S. Supreme Court Continued from page 17

This court, and this court alone, has jurisdiction to decide whether a case is properly before it, and until its judgment declining jurisdiction is announced it has authority to make orders to preserve existing conditions, and a willful disregard of those orders constitutes contempt. The power and dignity of this court are paramount.12 Shipp II: First & Only Criminal Trial before the U.S. Supreme Court Charles Bonaparte replaced Moody as the U.S. Attorney General in January 1907. Jurisdiction now established, he assembled his trial team and invited Parden’s participation. The Shipp case was—and remains the only—case ever tried before the Court. In order to allow the court to proceed with its usual business, the Court appointed a commissioner, James Mahar (lawyer and then-U.S. Supreme Court Deputy Clerk), to preside and rule on trial procedure matters. For the ease of the defendants, the trial was held in Chattanooga. The trial commenced at the U.S. Customs House on February 12, 1907—exactly one year after Parden and Hutchins came on Johnson’s case to appeal his conviction. The government presented 31 witnesses over the first five days. Due to the length of the trial, the need to locate several missing witnesses, and Maher’s duties necessitating his presence in Washington, DC, the trial recessed for nearly five months, reconvening for the remainder of the government’s proof on June 10, 1907. The defense presented its case June 15-29. The testimony filled more than 2,200 pages. Final arguments were yet to be heard and the parties awaited instructions from the Court…for nearly a year. In the interim, Taylor died in May 1907, rendering impossible any recantation. Some papers attributed her passing to “nervousness prostration incidental to the crime committed under the very shadow of historic Lookout mount.”13 In fall 18 Nashville Bar Journal - March 2015

of 1908, Shipp lost his re-election for a third term as sheriff. Several weeks later in November 1908, the Supreme Court dismissed the contempt charges against 17 defendants and requested closing arguments, docketed for March 1909, before rendering a verdict on the remaining defendants (Sheriff Shipp, Deputy Sheriff Matthew Galloway, Chief Jailer Jeremiah Gibson, and six identified lynch mob members). The Court placed no time limits on closing arguments. Attorney General Bonaparte presented his six-hour closing argument (with a break for lunch) on March 2, 1909. Expressing sincere appreciation for Bonaparte’s “concise” argument, Chief Justice Fuller requested the Court adjourn for the evening and took up the defense’s closing arguments the following day. The Court declined offers of additional briefing. Less than three months later, Chief Justice Fuller delivered the majority opinion on May 24, 1909, finding Sheriff Shipp, Deputy Galloway, and four leaders of the mob—Nick Nolam, William Mayes, Henry Padgett, and Luther Williams—in contempt of the U.S. Supreme Court, as charged. 14 The Court ordered U.S. marshals to transport the convicted men to Washington for sentencing on November 15, 1909. Sentencing, however, was anticlimactic. The Court imposed 90 days of imprisonment for Shipp and two of his co-defendants and 60 days for the other three co-defendants. Receiving time off for good behavior, all of the defendants were released early. When Shipp returned to Chattanooga on January 30, 1910, he was greeted by more than 10,000 supporters in what the newspapers termed a “hero’s welcome.” In contrast, Parden and Hutchison never returned to Chattanooga after the case, fearing safety for themselves and their families for having defended Ed Johnson.

As for Ed Johnson, his remains are buried on Missionary Ridge. His last words engraved on his tombstone: “God Bless you all. I AM an innocent man.”  Eleanor Wetzel is licensed to practice in Tennessee and Indiana. She is currently employed by the Metro Nashville Criminal Court.

(Endnotes) 1 In re: State v. Johnson, No. 231240 (Hamilton Co. Crim. Ct., Feb. 25, 2000), available at http://markcurriden.com/Mark_2/ContemptofCourt.html (also included in a June 2001 Harry Phillips Inn of Court program packet available at http://www.harryphillipsaic.com/documents/edward_johnson.pdf); See also Emily Yellin, Lynching Victim Is Cleared of Rape, 100 Years Later, N.Y. Times, Feb. 27, 2000, available at http://www.nytimes.com/2000/02/27/us/lynchingvictim-is-cleared-of-rape-100-years-later.html. 2 Mark Curriden & Leroy Phillips, Jr. Contempt of Court (Faber and Faber, Inc. 1999). See also Mark Curriden, A Supreme Case of Contempt, ABA J. 35-42 (June 2009), available at http://www.abajournal.com/ magazine/article/a_supreme_case_of_contempt; Meredith Hindley, Chattanooga versus the Supreme Court: The Strange Case of Ed Johnson, 35 Humanties (Nov./ Dec. 2014), available at http://www.neh.gov/humanities/2014/novemberdecember/feature/chattanoogaversus-the-supreme-court. 3

Curriden & Phillips, supra note 2, at xvii.

Trial excerpts of both the Johnson and Shipp trials as well as newspaper accounts are available at the University of Missouri-Kansas City law school website at http://law2.umkc.edu/faculty/projects/ftrials/shipp/ shipp.html.

It wasn’t until 1972 that the U.S. Supreme Court ruled that rape of an adult could no longer be punished by the death penalty. Furman v. Georgia, 408 U.S. 238 (1972).

Curriden & Phillips, supra note 2, at 149.

Id. at 171.

Id. at 194.

Id. at 222.

Id. at 319-20.

Twenty-seven men were indicted but one of the alleged mob members, Paul Poole, was never found or adjudicated. Curriden & Phillips, supra note 2, at 318.

United States v. Shipp, 203 U.S. 563 (1906).

Curriden & Phillips, supra note 2, at 340.

United States v. Shipp, 214 U.S. 386 (1909).

NASHVILLE BAR ASSOCIATION Benefits of Membership

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

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

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

Nashville Bar Journal - March 2015

20 Nashville Bar Journal - March 2015

Nashville Bar Journal - March 2015

Disclosure Blind Akrawi, associate at Neal & Harwell, PLC, has been selected as a member of the 2015 class of Fellows, participating in a landmark program created by the Leadership Council on Legal Diversity (LCLD) to identify, train, and advance the next generation of leaders in the legal profession. Jerry Turner Sewell has joined Patterson Intellectual Property Law, P.C. Sewell has more than thirty years of experience in intellectual property law. His practice focuses on preparation and prosecution of patent applications, with a particular emphasis on electrical, electronic, software, internet, and data processing. Sewell earned his J.D. at the University of Minnesota and an M.S. in Electrical Engineering in 1980. He is a 1971 graduate of the University of Missouri, Rolla, with a B.S. in Electrical Engineering. He is a member of the Tennessee Bar Association, State Bar of California, and Louisiana State Bar Association. He is also registered to practice before the U.S. Patent and Trademark Office. DarKenya Waller has been elected chairman of the board of directors for the Nashville Coalition Against Domestic Violence (NCADV). Waller is the managing attorney of Legal Aid Society of Middle Tennessee and the Cumberlands’ Nashville office. Waller has been a visible advocate for domestic violence victims in the community through her work at Legal Aid Society since moving to Nashville in 2008. She has also had heavy involvement with the NCADV and provided additional advocacy with her service on the Tennessee State Domestic Violence Coordinating Council. Waller will be serving alongside of Robin Kimbrough, who was named chair/president of the NCADV, and Diane Lance, co-chair.

22 Nashville Bar Journal - March 2015

\Dis*clo”sure\ (n) The act of revealing, releasing or bringing to light relevant information concerning NBA Members & Staff. n Announcements n Kudos n People on the Move n Firm News n Gary Housepian, the executive director of Legal Aid Society of Middle Tennessee and the Cumberlands, has been named a 2015 Where Health Meets Justice Fellow by the National Legal Aid and Defender Association. He is one of 16 fellows selected to the program and is the first and only leader from Tennessee to participate. The fellowship will focus on collaboration between legal services and health care. The 10-month fellowship focuses on learning to frame legal services in a health care context, build strong healthcare alliances, and use population health data effectively. Fellows will be guided by a faculty of national experts in health care administration, policy, research and economics and participate in activities designed to deepen their understanding of health care organization, financing and priorities. Briana M. Montminy has joined Burr & Forman LLP. Montminy is a member of the firm’s Torts, Insurance and Product Liability section. She currently serves as chair-elect for the Health & Disability Law Committee of the American Bar Association’s Tort, Trial and Insurance Practice Section. Montminy earned her undergraduate degree from Cornell University, and her law degree from the University Of Miami School Of Law. Emily Taube has joined Burr & Forman LLP. Taube joins Burr & Forman as a partner in the firm’s Creditors’ Rights and Bankruptcy practice, representing businesses in complex commercial disputes. She serves on the American Bankruptcy Institute’s Southern Regional Development Committee, and previously cochaired the committee that drafted the organization’s Report on Standards of Professional Conduct and Courtesy. She earned her undergraduate degree from the University of Tennessee, and her law degree from the University Of Memphis Cecil C. Humphreys School Of Law.

Labor and employment law firm Constangy, Brooks & Smith, LLP announced that nationally-recognized attorney Donald Prophete is joining the firm which will now be known as Constangy, Brooks, Smith & Prophete, LLP. Brenner Lackey McDonald has joined Butler Snow. McDonald will practice with the firm’s business services group and entertainment and media industry team. McDonald, who has been in private practice since 2011, previously co-founded and co-owned Modern Management, an entertainment management company based in Nashville. McDonald completed her undergraduate education at the University of Kentucky, before going on to earn her Juris Doctor from the University Of Tennessee Law School. She is a member of the Country Music Association, the Academy of Country Music, the Tennessee Bar Association and the Nashville Bar Association. Blake Bratcher has joined Martin Heller Potempa & Sheppard PLLC. Before joining the firm, Bratcher served as an Assistant District Attorney for the 20th Judicial District. Prior to his tenure as a prosecutor, Bratcher served in Nashville as a judicial clerk for the Honorable Steve Dozier of the Division I Criminal Court and the Honorable Philip Smith of the 4th Circuit Court. Bratcher is admitted to practice in Tennessee and his practice will be devoted to litigation and conflict resolution in matrimonial and estate disputes.

Welcome New NBA Members! Ashley Elizabeth Ahlholm Office of the Public Defender

Robert Breunig Wolds Law Group

Stacey Angello The Law Office of Stacey Angello

Robert Crump

Noel Reese Bagwell III Executive Legal Professionals Laura Blount Howard, Tate, Sowell, Wilson, Leathers & Johnson, PLLC John Bohan InSage LLC

Michael Moore Caleb Mundy

Laura Hart

Lisa S. Rivera Bass, Berry & Sims PLC

Callie Katherine Hinson Rogers, Kamm & Shea *

Samantha Sibley

Christopher Javillonar Permobil, Inc.

* 100% Club

Annie Tipps Stites & Harbison, PLLC*

Casey Klippel Kyle Miller

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

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

February Volunteers:

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

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. Nashville Bar Journal - March 2015

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 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

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

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

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

- Manage jobs and applicant activity right on our site

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

- Create an anonymous job seeker profile 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 - March 2015

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

APPELLATE BRIEFS and ARGUMENT

- Search our resume database of qualified candidates

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

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

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

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