Nashville Bar Journal | April/May 2020

APRIL/MAY 2020 | VOLUME 20 | NO. 2

FEATURE

Spring Cleaning Your Way into a Better Practice ALSO

The Presidential Pardon Small Business Relief When Sharing Office Space, Make Sure You Have Your Ducks in a Row

A Safer, Stronger Nashville A vibrant legal community strengthens the fabric of a city. That’s the work of the Nashville Bar Association and why we’re proud to invest in its community building mission. We’re also excited to support bar association members like you with business credit and cash management solutions that help you build the bottom line at your practice.

Herman Hicks Private Client Relationship Manager First Horizon Bank 511 Union St. • Nashville, TN 37219 (615) 734-6186 • hahicks@firsthorizon.com

Official Bank Partner of the Nashville Bar Association

©2019 First Horizon Bank. Member FDIC.

JOURNAL 6 Journal Journal APRIL/MAY 2020 | VOLUME 20 | NO. 1

FE ATU R E

Spring Cleaning Your Way into a Better Practice Lauren Poole

DEPA R TM E N TS

From the President

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Calendar of Events

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Laura Baker

Hear Ye, Hear Ye

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Law Day Lunch NBF Leadership Forum

CLE Update

Golf Tournament

5 Photo Gallery 24 Hearsay 28 100% Club 32

CLE Schedule

13 The Presidential Pardon: America’s “Trump Card” or an Act Full of Grace

Trey Harwell, Jay Harbison & Trey Reliford

19 Small Business Relief: How the SBRA of 2019 Will Affect Non-Bankruptcy Lawyers

Griffin Dunham

Sharing Office Space, Make Sure You Have 21 When Your Ducks in a Row

Mark Bassingthwaighte

CO L UMNS

Background Check 11

Bart Pickett Gadget of the Month 15

Bill Ramsey & Phillip Hampton Capitol Notes 17

Peggy Sue, the Beagle Hound

APR/MAY 2020 | NASHVILLE BAR JOURNAL

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JOURNAL JOURNAL FROM THE PRESIDENT Third Responders | Laura Baker Journal Our community is hurting after the devastating torJournal nado on March 3. We are grieving the loss of life, the

LAURA BAKER, Publisher

WILLIAM T. RAMSEY, Editor-in-Chief

CAROLINE E. SAPP, Managing Editor LAUREN POOLE, Managing Editor

JILL PRESLEY, Layout/Design/Production

EDITORIAL COMMITTEE KIMBERLY CLARK EMMA ELLIOTT TIM ISHII KELLY FREY ROB MARTIN OLIVIA PARK BRUCE PHILLIPS BART PICKETT SYDNEY RAINES BRANDON SMITH KRISTIN THOMAS JONATHAN WARDLE CRAIG WEBB ELEANOR WETZEL NASHVILLE BAR JOURNAL (ISSN1548-7113) (USPS 021-962) is published bi-monthly by the Nashville Bar Association, 150 4th Ave N, Ste 1050, Nashville, TN 37219. Periodicals Postage Paid at Nashville TN. POSTMASTER: Send address changes to Nashville Bar Journal, 150 4th Ave N, Ste 1050, Nashville, TN 37219-2419.

No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. All articles, letters, and editorials contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association. For more information, visit NashvilleBar.org/NashvilleBarJournal.

The Nashville Bar Journal welcomes discourse. You may submit counterpoint editorials to Jill.Presley@ nashvillebar.org to be considered by the editorial committee for publication in a future print or online content.

NASHVILLE BAR ASSOCIATION 150 4th Ave N, Ste 1050 Nashville, TN 37219 615-242-9272 | NashvilleBar.org The Nashville Bar Association, established in 1831, is a professional organization serving the legal community of Nashville, Tennessee. Our mission is to improve the practice of law through education, service, and fellowship The NBA—with 2,500+ members—is the largest metropolitan bar association in Tennessee.

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destruction of homes, schools, and businesses, and the loss of security that we inevitably feel when the unexpected hits.

After disaster hits, first responders provide immediate aid and medical care to survivors. Our police officers, firefighters, and paramedics respond to the emergency needs of the community. Second responders, including government agencies, nonprofits, churches, and community volunteers, help after the immediate danger has subsided. They provide food, clothing, clean-up, and more.

Third responders come in weeks and months later to rebuild lives following a disaster.

Lawyers are third responders. A myriad of legal issues can arise after a disaster, including making insurance claims, applying for FEMA aid, dealing with housing issues, and handling probate matters. Because of our legal knowledge, lawyers are uniquely positioned to provide critical services, particularly to the most vulnerable members of society. On top of our legal abilities, lawyers are experts in worst possible days. We routinely navigate treacherous waters with our clients, which makes us especially equipped to make a difference following an unexpected tragedy. Our experience with worst possible days means we must have empathy and creativity: two traits that are critical when working with disaster survivors.

The legal aid community does a skillful job of providing legal services after a disaster—but they cannot do it alone. The NBA has a proud history of bringing our members together to fill the need for pro bono help. From the 1998 tornado in Nashville to the May 2010 flood to the current devastation, we unite our members to provide critical pro bono legal services. We do this through coordination with disaster aid organizations, the legal aid community, other bar associations, and community groups, or by providing our members with immediate resources and training on areas of legal concern particular to the disaster at hand. We do this by calling on our members to staff legal clinics, by calling on our members to represent pro bono clients, or by keeping our members updated on changing legal needs. In times of disaster, we can see clearly the value of having an organized, engaged, diverse, and collaborative bar association.

Beginning just after sunrise on March 3, the members of the NBA sprang into action.

Concerned for our members and our neighbors, we called, texted, and emailed. We made temporary office space available for displaced members. We called a meeting of bar associations and legal aid providers to begin the process of coordinating efforts, and we continue to participate in regular follow up calls to respond to evolving needs. We put the call out for volunteer lawyers. We continue to partner with the Legal Aid Society of Middle Tennessee and the Cumberlands, led by current NBA Board member, DarKenya Waller, to staff legal clinics. We are providing valuable and relevant education materials and training to our legal community. NBA members have come out in full force to support the legal needs of the public and have enthusiastically answered every call to action. I was proud of the NBA on March 2 before this disaster hit. I’m even prouder now.

NASHVILLE BAR JOURNAL | APR/MAY 2020

NashvilleBar.org/ Calendar of Events | Full calendar online at NashvilleBar.org.

APRIL 2020 M O N D AY

T U E S D AY

W E D N E S D AY

T H U R S D AY

F R I D AY

NOTE: Per CDC guidelines, all meetings for the month of April (at minimum) will be held via video/conference call.

Stay tuned to your inbox and NashvilleBar.org/Calendar for updates as they continue to arise.

NBA Team Mtg | 9:30am

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NBA Board Mtg | 4:00pm GOOD FRIDAY

Dial-A-Lawyer | 6:00-8:00pm

Holiday | NBA Office Closed

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8 Memorial Service Committee Mtg 12:00pm

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NBJ Editorial Committee Mtg 12:00pm | Neal & Harwell Diversity Committee Mtg | 12:00pm Finance/Executive Committee Mtg 4:00pm/4:45pm

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MAY 2020 M O N D AY

T U E S D AY

W E D N E S D AY

T H U R S D AY

F R I D AY Law Day (tentative) 12:00pm | Renaissance Hotel

1 CLE Committee Mtg | 11:30am NBA Board Mtg | 4:00pm Dial-A-Lawyer | 6:00-8:00pm

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4 NBA Team Mtg | 9:30am

NBF Trustees Meeting | 12:00pm

6 Historical Committee Mtg 11:30am | Hal Hardin’s Office

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NBA + NBF + ACC Golf Tournament 1:00pm | Vanderbilt Legends Club

NALS Mtg | 12:00pm

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YLD Board Mtg 12:00pm | Waller

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Ethics Committee Mtg | 12:00pm

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Diversity Committee Mtg | 12:00pm Spring Memorial Service 11:00am | Downtown Presbyterian

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22 High School Intern Orientation 3:00pm

MEMORIAL DAY Holiday | NBA Office Closed

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APR/MAY 2020 | NASHVILLE BAR JOURNAL

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JOURNAL JOURNAL Journal Journal

Hear Ye, Hear Ye |

2020 Law Day Lunch

2020 NBA BOARD OF DIRECTORS LAURA BAKER, President

Join us on Friday, July 10, at the Downtown Renaissance Hotel for our annual Law Day Lunch. This year’s theme—Your Vote, Your Voice, Our Democracy—will be presented by our keynote speaker, Supreme Court Justice Anita Earls. For more information, visit NashvilleBar.org/LawDay. n

MICHAEL ABELOW, President-Elect

BRANT PHILLIPS, First Vice President TRACY KANE, Second Vice President BART PICKETT, Secretary JEFF ALLEN, Treasurer

JUSTIN CAMPBELL, Assistant Treasurer GILBERT SCHUETTE, YLD President LELA HOLLABAUGH, General Counsel LAURA SMITH, Immediate Past President LYNNE INGRAM, First Vice President-Elect DANIEL BEREXA, Second Vice President-Elect HON. MELISSA BLACKBURN BRIGID CARPENTER RAQUEL L. EVE OLUYEMO LORA BARKENBUS FOX MARY TAYLOR GALLAGHER

Events of Interest

NBA + NBF + ACC Golf Tournament WHEN: Thursday, May 14 | 12:00pm – Range Balls Available | 1:00pm – Shotgun Start WHERE: Vanderbilt Legends Club, Franklin, TN

JEFF GIBSON

ENTRY FEE:

WILLIAM “PAZ” HAYNES

(includes range balls, greens fee, cart, beverages, snacks, and dinner)

MARTESHA JOHNSON

NBA members | $160.00 Non-members | $180.00 Registrations must be submitted by Thursday, May 7.

HON. ELLEN HOBBS LYLE JUNAID ODUBEKO LIZ SITGREAVES ERIC SMITH

We will have a cook-out and prizes at the conclusion of the tournament. There will be prizes for both team and individual contests, such as longest drive, longest putt, closest to pin, etc. To register, visit NashvilleBar.org/GolfTournament. n

DARKENYA WALLER LUTHER WRIGHT, JR. HON. BILL YOUNG GULAM ZADE STEPHEN ZRALEK

NBA TEAM MONICA MACKIE, Executive Director SHIRLEY CLAY, Finance Coordinator WENDY COZBY, Lawyer Referral Service Coordinator CAMERON GEARLDS, CLE Coordinator TRACI HOLLANDSWORTH, Programs & Events Coordinator JILL PRESLEY, Marketing & Communications Director VICKI SHOULDERS, Membership Coordinator, Office Manager

HAVE AN IDEA FOR AN ARTICLE? We want to hear about the topics and issues you think should be covered in the journal. Send your ideas to Jill.Presley@nashvillebar.org.

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NBF Leadership Forum Nominations

As many of you know, the Nashville Bar Foundation established the NBF Leadership Forum—a local leadership program for lawyers with three to eight years of experience—designed to bring together emerging leaders to participate in monthly workshops for nine months to help them realize their potential and to benefit the legal profession and our local community.

Nominations are currently being sought for the 2021 class—which begins this September—and we ask for your help in identifying intelligent, inquisitive, diverse lawyers who have already demonstrated their willingness to make and keep a commitment.

Visit NashvilleBar.org/NBFLeadershipForum and submit the names of nominees you recommend for this innovative opportunity to learn, collaborate, network, and serve the legal profession and our community. Self-nominations are welcome.

All nominations must be submitted by Friday, May 29. n

NASHVILLE BAR JOURNAL | APR/MAY 2020

W E ’ VE GOT YOU COVERED! Vi si t Nash ville Ba r.or g/CLE f or t he lat est .

C L E R E Q U I R E M E N T U P D AT E Per Tennessee Supreme Court order, Tennessee attorneys are allowed unlimited online (distance learning) hours towards 2020 CLE Compliance ending December 31, 2020. Be sure to visit NashvilleBar.org/DistanceLearning for the latest.

APRIL 2020 LIVE SEMINARS Due to health and safety concerns of participants and staff surrounding COVID-19, the we have postponed all live CLEs scheduled for April. We will continue to keep you updated with new dates as we have them. Thank you for your patience during these uncertain times.

M AY 2 0 2 0 L I V E S E M I N A R S So You Want to Start A‌ May 15 | 12:00-1:00pm Scott Douglass Patterson Intellectual Property Law Lunch with the Judges May 28 | 12:00-1:00pm Judge Sheila Calloway Davidson County Juvenile Court D I S TA N C E C L E W I T H S E M I N A R W E B

Check out our new and improved digital CLE platform with online seminars available at NashvilleBar.org/DistanceLearning! Choose from the following relevant and focused topics: Accounting for Nonprofits | Block Chain Client Privilege | Corporate | Depositions | Elder Law Ethics | Family Law | Federal Practice | Government Guardian Ad Litem | History | Immigration Law | Probate Real Estate | Solo & Small Firm Technology | Trial Practice | Wills

Free. Anonymous. Confidential.

Local: (615) 741-3238 Toll Free: (877) 424-8527 www.tlap.org

APR/MAY 2020 | NASHVILLE BAR JOURNAL

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Feature Story | Lauren Poole

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NASHVILLE BAR JOURNAL | APR/MAY 2020

Spring Cleaning Your Way into a Better Practice

I would like to take a moment to address you the reader and say, without any exaggeration, the world around us has changed since I first penned this editorial. A few weeks ago, spring cleaning was thought by many to be a cathartic exercise—a release of a breath held all winter into a new spring.

Today, we clean with a different purpose and with anxious thoughts for the unknown. Please take what you can from the words below, even if you no longer have a space to clean or find that there are more pressing matters to address than a messy office. The intended message is still the same—now, more than ever, it is necessary to identify what is most important and to clear away the rest, carrying a lighter load into the future, wherever it may lead you.

When it comes to spring cleaning you may quickly be discouraged by all the “stuff” that sticks to you à la Office Space (i.e., covered head to toe in yellow sticky-notes). It is easy for lawyers to become magnets for assorted documents, files, notes, and literature, piling up into monuments to dust and clients past. As spring approaches, devote a moment to inventory your practice, taking note of the items and files that no longer serve you. Now you are ready to dive into these helpful tips on how to clear out your space and cases to make room for the new. Keep in mind while you are cleaning that you can be kind to the environment— and your budget—while taking effective steps to declutter your space.

Closing Time Did you send that final bill to the client? Is the file closed in your office and case management system? Clo-

sure or finality in the practice of law is hard to come by so cherish this rite of passage. Give it back, shred it, do what you need to do to make room. Just make sure your purge does not run afoul of Tennessee Board of Professional Responsibility (TBPR) Formal Ethics Opinion 2015-F-160 and Rules of Professional Conduct (RPC), Rule 1.15.1 In general, disposing of your files after five years is an acceptable practice, but be mindful of certain circumstances that require additional time, including statute of limitations.

Anything remaining should be stored in a file cabinet or designated storage area. If you need additional storage, visit a local second hand store or find a yard sale in your neighborhood for a bargain on “new to you” storage solutions.

On Cloud 9 Paper files stacking up on your desk, lurking in your peripheral vision and causing anxiety at first sight? Leave your worries—and your files—in the clouds! Cloud-based programs and storage are more popular than ever as an alternative to paper files and/or maintaining a server (and more cost effective depending on your practice needs). The ability to access files from outside the office is almost mandatory during these times, which are seeing many employers and employees working exclusively from home. There are a multitude of cloud storage services available on the market today. Some case management software even includes cloud storage with your subscription.

TBPR Opinion 2015-F-159 gives you the green light so (continued on page 8) (continued on page 00)

APR/MAY 2020 | NASHVILLE BAR JOURNAL

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Feature Story | long as you take reasonable care to assure client confidentiality is protected and safeguarded.2 Keep only what you need on your desk to perform the task at hand to alleviate visual clutter from overwhelming your to-do list. Everything else can be quickly accessed with the click of a mouse or a swipe of the finger.

Refresh Your System Armed with new found energy bolstered by longer days and more sunshine, you are ready to address your everyday organization, or lack thereof. Every practice has its own “workflow” consisting of necessary processes and procedures. A complete overhaul is probably unnecessary. However, reflect on what slows you down and identify changes you can make to streamline/automate your process. For example, are you underutilizing your current case management software? Schedule a refresher with your representative to find out if you are using all those bells

Spring Cleaning Your Way... (continued from page 7)

and whistles included with your subscription. You may be pleased to find that there are small changes that can make a big difference on the time you spend chasing paper.

Clean-Up Your Inbox We all have moments where an inbox feels like its contents are thrashing wildly and reaching out to pull you in and suffocate you. We all tame the beast differently. However, there is a balance between hoarding emails and overzealous deletion. Several apps are now available for download that offer some reprieve in clearing out the junk and organizing what is left. For a review of email clean-up apps, check out Bill and Phil’s article, It’s Time to Spring Clean Your Email (page 15), on methods and tech to help bring order back to your electronic mailbox.

Open Your Windows, Take a Lunch Most of us spend our work day sitting indoors. Sunshine boosts your mood, so grab your lunch and take it

outside. Call a colleague, FaceTime a friend, make a list of things you want to achieve this week in your personal life, take a walk. Lawyers are human, too. Put your work-life balance into perspective to achieve a better outlook on what needs to be done during the work day and look forward to the time when you leave the office at the end of the day. Finally read those magazines and journals sitting on your table and recycle when you are done.

A Case for New Cases Now that you have cleaned up and made room for the new, you can set your sights on new cases and clients. Before you take out ad space on a bus or plaster your face on a billboard, you need to be aware of the rules on self-promotion for lawyers.

Chapter 7 of the Tennessee RPC addresses Information About Legal Services. Rule 7.1, False or Misleading Advertising, dictates communications concerning a lawyer’s services. This is the rule that prohibits the “I will get you $50 million dollars” guarantee.

The rule also prohibits statements that create an “unjustified expectation.” This rule is necessary because the practice of law cannot be measured in a cup or on a scale due to the “lack of objectively verifiable data.”3 If you find yourself not ready to shell out for advertisements but still want to generate new client referrals, you will want to be sure to review TN RPC 7.3 regarding the solicitation of potential clients. While the Rules do not allow an attorney to cold call or go door-to-door drumming up business, there are alternatives. (continued on page 12)

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NASHVILLE BAR JOURNAL | APR/MAY 2020

The Nashville Bar Association is working with other bar associations and legal aid groups to respond to the legal needs of tornado survivors in Nashville and Middle Tennessee. More than 150 attorneys have volunteered to provide pro bono legal services, and more than 40 of those lawyers attended a recent training session produced by the NBA, which provided important legal education, tips, and strategies for addressing the unique legal needs of disaster survivors.

We can all be proud of our NBA members who are stepping up to provide critical assistance at legal clinics in our community consistent with our history of volunteerism in the wake of similar tragedies.

—Laura Baker, NBA President

• Sign Up to Volunteer NashvilleBar.org/AttorneyVolunteers • Legal Aid Clinics & Tornado Disaster Legal Response NashvilleBar.org/TornadoReliefResourceCenter • Free Legal Answers NashvilleBar.org/TNFreeLegalRelief • Legal & Social Service Resources in Tennessee NashvilleBar.org/HELP4TN or 1-844-HELP4TN

CAN YOU NAME THESE PEOPLE?

Be the first person to email the correct answer to Jill.Presley@nashvillebar.org, and your name—along with the correct answer—will appear in the next issue.

APR/MAY GOLDEN OLDIES

Congrats to Gareth Aden at GSRM Law for identifying the individuals in last issue’s photo. From left to right: Rhea Bucy, Julie Jones, and Bob Lynch.

Davidson County High School Mock Trial Competition

Congratulations to Montgomery Bell Academy (red team) who took first place in the Davidson County Mock Trial competition last weekend and to University School of Nashville who came in second place. A big thank you to the YLD Mock Trial Committee—Ashley Goins Alderson, Eileen Evans, Pirjin Laser, Michael Wennerlund—and all of our volunteers!

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NASHVILLE BAR JOURNAL | APR/MAY 2020

BACKGROUND CHECK

Judge Jennifer Smith | Bart Pickett

On March 3, the voters of Davidson County cemented Jennifer Smith’s role as a criminal court judge.

Governor Haslam appointed her to fill the vacancy left by the retirement of Judge Seth Norman in November 2018. Voters selected Judge Smith as the Democratic candidate for this Fall’s general election—an election where she will face no opposition.

Jennifer grew up on the Mississippi coast in Pascagoula where her mother and extended family still live, including her mother who works as a court administrator and her father who previously worked in the oil business.

Jennifer excelled in the high school band where she played the trumpet.

The talent led to a full scholarship at Ole Miss where she continued to play all four years. She then realized being an English major without any teaching credits meant she needed to stay in school. She debated between getting a graduate degree in English or going to law school. Seeming to be the more profitable choice, Jennifer chose law school, though she had never even thought of being a lawyer before then.

Jennifer applied to and was accepted to the law school at Ole Miss.

Given that she loved Oxford, she did

not mind spending another three years there. She spent her first two summers working at civil litigation firms, one in New Orleans, Louisiana and one in Youngstown, Ohio. Ultimately, the Gulf Coast called her home. She took a job with a local firm where she began her career around lawyers she grew up knowing while also being near her family. Jennifer spent three years practicing insurance defense before deciding that she not only wanted a difference area of practice but also a change of scenery. Following in the footsteps of some friends, she decided to move to Nashville.

In 1994, Jennifer arrived in Nashville without a job. Fortunately for her, she secured an interview at the Attorney General’s office and, before she knew it, her criminal law career began. While she had a couple brief stints away from the Attorney General’s office, including becoming Metro’s first guardian ad litem for juvenile court, she always returned. During her tenure at the Attorney General’s office, she focused on criminal appeals, federal habeas work, and capital punishment cases. She worked under five different Attorneys General.

Jennifer had not spent much time considering a change until she learned of Judge Norman’s announced retirement. While she had enjoyed her 30,000-foot view from the appellate world, she wanted to be back in the heart of our criminal justice system.

Realizing these positions do not open up frequently, she gave it a shot—and the governor chose her out of the nine who applied.

So far, Jennifer loves her new role, but it is different than what she

expected. She is surprised and agonized by the amount of discretionary issues that appear before a criminal court judge. She tries to make the best decision and not just the easiest.

In Division IV, Jennifer handles criminal dockets, probation violations, and jury trials. She has had 13 jury trials during her relatively short tenure. In addition to the normal criminal docket, Jennifer also presides over Davidson County’s residential drug court. She goes at least weekly to the court in Bordeaux where she oversees an average of 70 residents plus aftercare participants.

Always willing to try something new and follow her heart, Jennifer joined the Navy Reserves in 1999.

Over 20 years later, she continues to serve as an intelligence officer and has reached the rank of commander. In addition to the two weekends a month and a minimum of two weeks a year of training, she has been deployed twice to Afghanistan and Bahrain.

Jennifer’s time is further occupied by her role as a single mom of two teenage sons—ages 17 and 15—and two golden retrievers. They live in the Sylvan Park neighborhood of Nashville. n BART PICKETT is an attorney at the Law Offices of Julie Bhattacharya Peak where he represents Liberty Mutual Group, Inc.’s insureds and customers of its affiliated groups in litigation throughout Middle Tennessee. Prior to practicing, Pickett worked as a law clerk for the Honorable Judge Thomas W. Brothers of the Sixth Circuit Court of Davidson County and the Honorable Joseph P. Binkley, Jr. of the Fifth Circuit Court of Davidson County.

APR/MAY 2020 | NASHVILLE BAR JOURNAL

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Editorial |

Spring Cleaning Your Way... (continued from page 8)

Update your website and check in with your online presence. According to a 2017 Clio Legal Trends Report, 37% of consumers look for legal referrals by an online search, with 62% of consumers seeking referrals from friends and family before hiring an attorney, and 31% seeking referrals from other attorneys.4 For personal referrals, check in with your colleagues and local associations to let them know about your practice and cases you are available to accept in your practice area.

New Client v. Former Client Congratulations, you have a prospective new client that wants you to represent them in a case. However, while reviewing the prospective client’s issues you find out that your representation of the new client may be adverse to a former client. Now what? Under the Rules, a lawyer has continuing ethical responsibilities to his or her former client; those responsibilities are continued confidentiality and to abstain from attacking any legal matter accomplished on behalf of the former client or representing the opposition closely related to the previous legal matter.5 The TBPR leaves it up to the independent professional judgment of the lawyer to decide whether undertaking representation would be inappropriate if a Rule is unclear under certain scenarios.

However, things such as the vesting of a previous client’s rights or whether confidential communications by the former client would be now used adversely in the interest of the former client should be taken into consideration.6 Rule of Professional Conduct 1.9 further explains a lawyer’s duties 12

to his or her former clients. If there is a question as to whether you can proceed, obtaining written, informed consent from the former client as required is the best way to go. However, there may be some cases that you cannot take and that is okay, too.

A Clear Head and Room for More When one door closes, another one opens. This is true for cases.

Call it the universe, but when you are open to accept more, you will receive. While this list is not exhaustive, I hope it gives you space to imagine all the things you can do with a spring in your step and a little more room in your practice. n

L E T ’ S WO R K T O G E T H E R T O PRO T EC T YO UR C L I E N T S ’ I N T E L L EC T UAL PRO PE R T Y.

Endnotes 1 Joe G. Riley, Michael U. King & Odell Horton, Jr., Client Files, Board of Professional Responsibility of The Supreme Court of Tennessee, Formal Ethics Opinion 2015-F-160, Ethics Committee, Tennessee Board of Professional Responsibility (Dec. 11, 2015).

2 Wade Davies, H. Scott Reams, and Michael Callaway, Board of Professional Responsibility of The Supreme Court of Tennessee, Formal Ethics Opinion 2015-F-159, Ethics Committee, Tennessee Board of Professional Responsibility (Sept. 11, 2015).

3 Board of Professional Responsibility, En Banc., False or Misleading Advertising, Board of Professional Responsibility of The Supreme Court of Tennessee, Formal Ethics Opinion 2004-F-149, Ethics Committee, Tennessee Board of Professional Responsibility, (Sept. 17, 2004).

4 Casetext, The Lawyer’s Guide to Effective Referral Marketing, JDSUPRA, (Aug. 28, 2019) (citing Kevin O’Keefe, Referrals Remain Leading Way Lawyers Get Clients, Per Legal Trends Report, Above the Law, (Oct. 13, 2017)).

5 C.T. Herndon III, Michael E. Callaway & G. Wilson Horde, Representation Adverse to Former Client, Board of Professional Responsibility of The Supreme Court of Tennessee, Formal Ethics Opinion 86-F-104, Ethics Committee, Tennessee Board of Professional Responsibility (Aug. 4, 1986).

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LAUREN M. POOLE is an Associate Attorney at Taylor, Pigue, Marchetti & Blair where she practices civil litigation, including bankruptcy and creditors’ rights. She earned a BA in Political Science and Studio Art from the University of Tennessee, Knoxville, and a JD from Belmont University College of Law. Lauren serves as co-chair of the NBJ Editorial Committee, and is passionate about supporting the arts.

NASHVILLE BAR JOURNAL | APR/MAY 2020

Or i g i n a l Th i n k i n g.

U n i q ue P r ot e c t ion.®

Editorial |

Trey Harwell, Jay Harbison & Trey Reliford

The Presidential Pardon: America’s “Trump Card” or An Act Full of Grace It’s a power belonging uniquely to the president—the power to pardon. This presidential prerogative is one of the least limited powers granted to the president by the US Constitution. It authorizes the president as chief executive to commute sentences for federal crimes. The presidential pardon power was recently exercised by President Donald Trump drawing criticism and controversy by some.

President Trump’s most recent round of pardons included pardons for former lllinois governor Rod Blagojevich, who was imprisoned for attempting to sell the senate seat President Barack Obama vacated when he became the nation’s 44th president; “Junk-bond king” Michael Milken; former NYPD Commissioner Bernard Kerik; and Eddie DeBartolo, the former owner of the San Francisco 49ers, among others.

The president’s pardon power is derived from the Constitution. Article ll, Section 2, Clause I of the US Constitution. “The President . . . shall have Power to grant Reprieves and pardons for Offences against the US, except in Case of lmpeachment.”

So, no, President Trump cannot pardon himself from his own impeachment proceedings.

Historically, presidents have exercised this power sparingly.

The first use was to pardon two men charged with treason for their actions during the 1795 Whiskey Rebellion. ln his annual address to Congress in the same year, President George Washington said he had been motivated to show both mercy and serve the public good in pardoning the two men. These rationales established the clemency standard each subsequent president has purported to follow in their exercise of the power, and each of President Washington’s rationales has been featured in Supreme Court decisions—United States v. Wilson (describing pardons as an “act of grace”) and Biddle v. Perovich (describing pardon and clemency decisions as ones guided by “public welfare”).

Presidents Abraham Lincoln and Andrew Johnson used pardons to heal the nation following the Civil War. President Truman pardoned World War ll draft-dodgers, as did Presidents Jimmy Carter and Gerald Ford for Vietnam War draft offenders.

Presidents Barack Obama and George W. Bush used the power to show mercy, pardoning individuals convicted of, for example, stealing money from the mail, bootlegging, and using food stamps illegally. All told, there have been roughly 30,000 pardons in our nation’s history, and all 45 of our presidents have exercised (continued on page 14)

APR/MAY 2020 | NASHVILLE BAR JOURNAL

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Editorial |

The Presidential Pardon (continued from page 13)

the prerogative.

Most recently, President Trump’s pardons have been controversial to many because, at first blush, each person appeared to have some connection to Mr. Trump. However, this reaction is only one part of the story and oversimplifies the pardon process.

The procedure for securing a presidential pardon is often arduous and involves a massive effort. See 28 CFR § 5 1.1 et seq. Petitioners must wait a minimum of five years following conviction before submitting an application, and then the real journey begins. They must also assemble a host of materials and work to get their petition in front of decisionmakers, who, by and large, are former prosecutors not eager to undo the work of their colleagues. Success rates are also extremely low. For example, President George W. Bush granted only approximately 2% of the petitions made during his terms, and President Obama granted only 5.3%. lt remains to be seen what President Trump’s final figures are, but while these most recent pardons

have been high profile and controversial, the overall success rate for petitioners is extremely low.

Critical to the pardon petition is the acceptance of responsibility for a crime, as well as cooperation with law enforcement officials from the outset of the case.

Petitioners often obtain commendations from exemplary role models and highlight their good works accomplished before and since conviction. Also, paramount are character reference letters written on the client’s behalf by friends, family, and other individuals who have been positively affected by the person seeking the pardon.

Like many legal issues and circumstances, receiving the pardon is not the end. The next phase of the pardon process journey is to restore lost constitutional rights, specifically the right to vote and the right to obtain a permit to carry a concealed weapon. This phase and its tasks are happily undertaken by the pardoned one and counsel. Because, as understood, the lynchpin of pardon determinations is accepting responsibility,

something done, and something often forgotten, when pardon announcements are made.

Starting in 2001, Neal & Harwell attorneys began working to secure a presidential pardon for DeBartolo, who pleaded guilty for failing to report he had been extorted by former-four-term Louisiana Governor Edward Edwards. This was certainly a challenging endeavor following DeBartolo’s plea. lt took a colossal task, and after four petitions to three separate presidents and two decades of advocacy, DeBartolo received his pardon. n TREY HARWELL is a partner at Neal & Harwell. His principal areas of practice are complex civil litigation, white-collar criminal defense, internal investigations and crisis management. Trey provides strategic and innovative legal solutions for a diverse range of individual and corporate clients.

JAY HARBISON is an attorney at Neal & Harwell, who represents both plaintiffs and defendants in the areas of business and civil litigation. He graduated magna cum laude from the University of Tennessee College of Law. Prior to joining Neal & Harwell, Jay served as a law clerk for the Honorable Gilbert S. Merritt, Jr. of the US Court of Appeals for the Sixth Circuit.

TREY RELIFORD is a trial attorney at Neal & Harwell.

His practice focuses on complex litigation, specifically in the areas of white-collar and regulatory defense, entertainment litigation, general commercial litigation, securities, antitrust, employment and intellectual property law. Before joining the firm, Trey clerked for Chief Justice Jeffrey S. Bivins of the TN Supreme Court and worked as an associate at Paul, Weiss, Rifkind, Warton & Garrison, LLP in New York. Trey earned his JD from Stanford Law School.

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NASHVILLE BAR JOURNAL | APR/MAY 2020

BILL & PHIL’S GADGET OF THE MONTH

Time to Spring Clean Your Email |

It’s spring cleaning time! Now that we have “sprung forward” to Daylight Savings Time, we should all start thinking about cleaning up our clutter, or as Marie Kondo says: It is time to engage in the “life-changing magic of tidying up.” Your email inbox is a good place to start.

The Old-Fashioned Methods (Manual Clean Up) There many methods for manual clean up. It seems that, like opinions, everybody has one. The question is which methods actually work? We will try to summarize and synthesize them here. In other words, we will try to “declutter” the methods.

The first step is to delete the items that are clearly trash at the outset. One easy way to get this done is to sort your email inbox by sender. Simply delete messages that are from social media accounts, retail ads, past event reminders, delivery confirmations, out-of-date newsletters, etc. Then sort again by subject line and do the same thing. In other words, delete the emails from senders whose messages are no longer important (or were never important) and any messages that are no longer relevant.

The next step is to clean out your oldest messages. Start with the oldest unread messages and deal with them.

Bill Ramsey & Phillip Hampton

Then go to the oldest messages that you have already read and responded to. If they are no longer needed in your inbox archive them or put them into folders by category.

Speaking of folders, the next step is to create folders and labels that apply to topics or senders that have several messages that would fall into the same category. But, be careful, if you create too many folders you will defeat the purpose.

Add “labels” or Outlook “categories” to further organize each folder. Then create an “on hold” folder for emails for which you cannot decide whether to keep, act upon, or sort to a folder. Work on this “on hold” folder when you are on a break. Do not keep the items in this folder for more than one week. Then, identify all emails with the word “unsubscribe” in the text somewhere. If it is a newsletter or email that you are really not interested in anymore, go ahead and unsubscribe to avoid recurring clutter.

Now, you should be left with only emails that need action. If you can act on the email in two minutes go ahead and git ‘er done. If you need more time, add it to your to-do list and send yourself a notification to remind you to do it. (You can do the same thing with Gmail’s “snooze” feature or Outlook’s “follow up” feature.)

The last step is to keep the clutter from coming back. Set up filters in Gmail or Outlook to automatically file emails into categories for response. Again, if you can respond quickly, go ahead and respond asap. If not, put in a “respond later” folder.

And use the autoreply function with messages if you are away for an extended period of time.

Of course, Bill insisted that we include advice from his hero, Marie Kondo.

Her steps are as follows. First, tidy your home. This will heighten you sensitivity to

joy and you will learn to choose what is valuable to you. Then start on your digital cleanup, which must be done all at once.

Fully commit yourself to tidying. Then begin making decisions. First, does the email “spark joy”? If the answer is yes, keep it and put into a “spark joy” folder.

Then, create an “important documents” folder and put the emails you need to keep in that folder. Then, delete the rest.

Stop keeping “komono” (items to keep “just because”). If the item is not important or does not “spark joy”, thank it for its service and let it go with gratitude. Then begin to organize into folders. Keep the folders simple. Marie recommends only “saved” and “unprocessed.” Use the “search” function to find emails you are looking for. Delete or archive emails when you are finished with them, but, again, thank them for their service.

The “Hi-Tech” Method (Let the Computer Do It for You) There are several digital tools available to help you spring clean your email box. Here are some notable options.

We have not tried ZERØ Email Management Software yet, but are intrigued by it. We are certainly going to order a demo of the app and try it out. ZERØ supposedly applies “artificial intelligence and smart automation” for an email management solution designed specifically for lawyers. They claim that it allows lawyers to save time filing emails. Allegedly, it automatically analyzes your emails together or individually and automatically files them by client. It works on mobile devices, desktops, and laptops. It also tracks the time you spent on the email, assigns it to a client and creates a matching time entry. We will see if it works.

Mailstrom is another tool that sup(continued on page 16)

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Gadget of the Month | posedly uses Artificial Intelligence (AI) to help you clean out your inbox. It “guesses” what you think is important and identifies bundles of emails and allows you to deal with them as a group. It also allows you to block unwanted emails with one click, unsubscribe from emails with one click, and so forth.

Cleanfox works with all messaging providers and apps. It finds all the newsletters you receive in your inbox, sorts them by criteria (such as whether you open them or not or how long you look at them), and recommends deleting or unsubscribing.

Boomerang only works with Gmail.

With this tool, you can write an email now and send it later “at the perfect time.” It also will remove messages from your inbox and put them back in your inbox and

Time to Spring Clean Your Email (continued from page 15)

marked at the time of your choosing. Additionally, Boomerang offers reminders to follow up if you don’t hear back from an email you sent.

SaneBox has been around since 2010, and is a great tool. It works with your habits to identify important messages, stop emails when you trigger “do not disturb,” gets rid of annoying senders, and reminds you to follow up. You begin the process by giving SaneBox access to your entire inbox, whether it is Outlook, Gmail, iCloud, or any other provider. It never looks at the content of your emails, but it will determine what emails are important by determining whether you open them and if so, how long you keep them open and how quickly you respond, if at all. You then go to your inbox for the important emails and the others are moved

to your “SaneLater” folder for you to deal with later or trash. Happy Cleaning! n

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NASHVILLE BAR JOURNAL | APR/MAY 2020

LEGISLATIVE COLUMN

Capitol Notes | Peggy Sue, the Beagle Hound

The more I get to know some people, the more I like dogs.

2020 Session The 111th General Assembly has cleared the far turn and is headed for the homestretch of the 2020 session. Most of the subcommittees and committees are closed for the year. The work now turns towards the final crafting of the state’s 2020-2021 appropriations bill. This bill, which sets the framework for the state’s budget, always requires caution because of the uncertainty of economic forecasting. The state’s financial leaders are being more than a bit cautious in this process because of economic uncertainty flowing from recent world economic events. The COVID-19 spread into Tennessee and Saudi Arabia’s surprising engagement in a crude oil price war are rippling through our global, national, and state economies. The SXSW Festival in Austin has been cancelled for 2020. If the 2020 CMA Festival here in Nashville were to be cancelled, the impact on our state and local economies would be significant. Adjournment is expected by April 17.

The Wizard of the Saddle For a 56-year-old Tennessean with very little formal education who lived from

1821 until 1877, Nathan Bedford Forrest sure is in the news quite a bit. For someone who enlisted in the Confederate Army as a private soon after Tennessee seceded from the Union in 1861, he rose to the incredible rank of Lieutenant General in the Confederate Army in 1865.

For someone born on a farm in Marshall County, he moved to Memphis and became one of the wealthiest men in Tennessee, if not the South by 1860. A significant portion of that wealth is attributed to the trading of slaves and the ownership of cotton plantations. When someone asked the Wizard of the Saddle his approach to military success, he responded, “Get there first with the most men.”

For someone Shelby Foote recognized as one of the two geniuses of the Civil War (the other being Abraham Lincoln), his reputation was greatly tarnished when his troops massacred mostly black Union troops at the Battle of Fort Pillow in 1864.

For someone who resigned from the Ku Klux Klan, he did serve as their first Grand Wizard. Since 1978, his bronze bust has had a prominent location on the second floor of Tennessee’s State Capitol. Tennessee State Law requires our Governor to recognize Forrest’s birthday with a Proclamation each year. Governor Lee has punted on the opportunity to remove the July 13 observation as a day of special observance. Under House Bill 2266, the Governor will no longer have to issue a proclamation for such, but July 13 will remain in the statute books as a day of special observance. The work to form a more perfect union continues.

March 3 Primary Congratulations are in order for the winning local candidates: Pat Moskal for Chancery Court, Part 1; Jennifer Smith, Criminal Court, Division 4; Erica Gilmore,

Trustee; and Vivian Wilhoite, Assessor of Property. Each will appear on the August 6 general election ballot, but no one is expected to have formal opposition. We also offer a happy wag of the tail to all the candidates for races run well.

Checklist for April and May 1. Registration opens on May 4 for the Law Day lunch on Friday, July 10.

This year’s theme is: Your Vote, Your Voice, Our Democracy: The 19th Amendment at 100. We all have a vague awareness of Tennessee’s important role in the ratification of the 19th Amendment, and this event will make that awareness a bit more top of mind. We have a fondness for the 1920 slogan “Men bear arms, but Women bear armies.”

2. Make plans to attend the NBA Spring Memorial Service at the Downtown Presbyterian Church on Thursday, May 21. The service is always powerful as we cry and chuckle together while remembering those attorneys who have passed.

3. Recovery from a natural disaster such as the March 3 early morning tornadoes is a long hunt. Stroke a check to the Community Foundation or strap on a tool belt with our friends from Hands on Nashville and offer assistance for the many who face a difficult recovery and restoration process.

Calendar Notes State and NBA offices will be closed on Friday, April 10, for the Good Friday holiday and Monday, May 25 for the Memorial Day holiday. n PEGGY SUE is fond of the classic 1957 Buddy Holly song. When hunting legislative news or biscuits, she is hard to contact.

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• Access career resources and job searching tips and tools.

• Have your resume critiqued by a resume expert.

ABOUT THE NASHVILLE BAR ASSOCIATION The Nashville Bar Association, established in 1831, is a professional organization serving the legal community of Nashville, Tennessee. The NBA—with over 2,600 members—is the largest metropolitan bar association in Tennessee.

150 4th Ave N, Ste 1050 • Nashville, TN 615-242-9272

LOG ON TODAY! N a shvill e Ba r.o rg /Ca re e r Cent e r

Editorial |

Griffin Dunham

Small Business Relief: How the SBRA of 2019 Will Affect Non-Bankruptcy Lawyers Congress will soon start receiving thank you cards from small businesses. Effective February 19, the Small Business Reorganization Act (SBRA) of 2019 changed the Chapter 11 game.

Before the SBRA, small business debtors wanting to reorganize were staring down the barrel of an expensive process and a briar patch of risks. It was like running with the bulls in Pamplona, but barefoot. Creditors had the leverage. Now armed with the SBRA, debtors heading to bankruptcy court have a little more pep in their step. This article will get you up to speed on what every non-bankruptcy lawyer needs to know about the SBRA and why you should care about it.

Who’s eligible for the SBRA? Only “small business debtors” that choose to proceed under the SBRA get its privileges and benefits, along with its few detriments. The historical definition of a small business debtor applies to SBRA cases, which includes any “person” engaged in commercial business activities. That’s correct, a small business debtor includes both business entities and their owners.

The debtor just needs to have noncontingent, liquidated debts of $2,725,625 or less, a majority of which must have arisen from

business activities. If eligible, electing SBRA status still requires a comparison and contrast of the procedural and legal differences between SBRA and non-SBRA cases.

What are the procedural differences between an SBRA case and a non-SBRA case?

SBRA cases will have the look, feel, and obligations of nonSBRA cases, except in a few respects. In non-SBRA cases, Chapter 11 debtors don’t have to answer to a standing trustee; they must comply with the rules and statutes and propose a plan within 300 days, with confirmation to occur within 45 days after filing the plan; and committees of unsecured creditors are authorized. The SBRA is different; it creates a de facto rocket docket with an appointed watchdog and without a committee. Upon the filing of an SBRA case, an independent, standing trustee is appointed to oversee the case and investigate matters of interest.

The bankruptcy court will conduct a status conference within 60 days. Debtors must file a plan within 90 days after filing for bankruptcy. SBRA cases do not require debtors to file disclosure statements to help creditors decide how to vote on a plan, and (continued on page 24)

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Editorial |

Small Business Relief... (continued from page 23)

there is no committee of unsecured creditors.

What are the legal differences between an SBRA case and a non-SBRA case?

The SBRA makes it easier for small business debtors to confirm plans of reorganization. Just like in non-SBRA cases, small business debtors can confirm plans if all classes of creditors accept. Unanimous acceptance is great, but it’s easier said than done. Lack of unanimous acceptance means a debtor proceeds to the “cramdown” provisions of the Bankruptcy Code. In non-SBRA cases, small business debtors face two huge hurdles.

First, they need an “impaired accepting class” of creditors to vote in favor of their plan. That’s a fancy way of saying that a debtor needs a class of creditors whose payment terms are changed by the plan.

Second, non-SBRA debtors need to satisfy the “absolute priority rule,” which is a fancy way of saying that an owner cannot retain ownership unless the debtor proposes to pay all creditors in full. This often means proposing a 100% plan that

the debtor cannot afford.

Enter the SBRA. Small business debtors now welcome the SBRA like a shelter puppy. In an SBRA case, a debtor can confirm a plan even if it has no impaired accepting class of creditors. The plan just has to satisfy the other confirmation provisions that apply in a non-SBRA case, like being fair and equitable, being feasible, and not unfairly discriminating among classes of creditors. Maybe most importantly, the absolute priority rule, which strikes fear in the heart of every business owner, does not apply. This means ownership retains their equity as long as the debtor pays unsecured creditors all “projected disposable income” (income less reasonably necessary expenses) over a three- to five-year period.

Are there any downsides for an SBRA debtor?

Don’t fret creditors, the grass isn’t entirely green for SBRA debtors. First, it’s too new to know how courts will interpret it. Uncertainty equates to leverage.

Second, SBRA trustees can make life

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NASHVILLE BAR JOURNAL | APR/MAY 2020

difficult or easy depending on the case, so it will become a race to gain credibility and to remain in the trustee’s good graces. Trustees have the potential to play a powerful role, so both sides should respect their authority. Third, in nonSBRA corporate cases, only a very few types of claims are non-dischargeable. In SBRA corporate cases, a creditor’s claim based on a debtor’s fraud, breach of fiduciary duty, or willful or malicious injury becomes non-dischargeable. These considerations could conceivably cause an SBRA-eligible debtor to proceed down the non-SBRA path.

Why should you care?

On a practical level, your favorite roller-skating rink has a chance to survive. Small businesses account for about 44% of the GDP, so tilting the balance of power in their favor may have some economic upside. On a personal level to your clients, SBRA cases will cost less and will likely be easier for debtors to manage. There’s a suspicion that bankruptcy filings will increase, meaning your clients are more likely to be involved in a bankruptcy. On an observational level, new laws need to be interpreted and it will be fun to grab some popcorn and see how the SBRA plays out in court. n GRIFFIN DUNHAM is a member of Dunham Hildebrand. His firm focuses on insolvency and litigation. The insolvency practice involves business and consumer restructurings and liquidations, which often involve Chapter 7, 11, or 13 bankruptcy filings. The litigation practice involves all types of business disputes, including those involving small business owners. Regardless of the matter, the goal is to protect the client, ensure its future sustainability, and maximize the economic return from the engagement.

MAKE SURE YOU HAVE YOUR DUCKS IN A ROW

When Sharing Office Space | Mark Bassingthwaighte

When sharing office space, the key is in striving to identify and avoid conflicts, in implementing strong policies and procedures that preserve client confidences, and most importantly in doing all that you can to maintain professional independence as viewed and experienced by any and all clients. The following tips are provided as a guide in order to assist you in avoiding malpractice insurance coverage problems related to sharing office space.

Focus on Clear Indicia of Separation Look at your space through a client’s eyes. If a first-time client might view or experience the office arrangement as a firm, you’re inviting trouble.

Signage should emphasize the existence of separate practices or firms, not simply list attorney names. Establish and maintain separate phone numbers, letterhead, offices, file storage areas, and computer systems. Directory listings and other advertising should not contradict the indicia of separation. Every firm’s engagement letter and fee agreement should explain there is no partnership relationship with the other attorneys or firms who also occupy the space.

Prioritize Maintaining Client Confidences This isn’t optional. There should be no talking in the halls and no common fax machine. Files and doors should be locked when attorneys

are away. Don’t leave client material in shared conference rooms. Close doors when visiting with clients or talking on the phone. Computers should be password protected. If there is a common staff person, this individual should not open mail, take detailed messages, etc. They should never be privy to sensitive client information as the attorney/client privilege could easily be lost as a result.

Don’t Minimize Conflict of Interest Issues If the office sharing arrangement calls for a common employee or the indicia of separation are weak in nature, representation of adverse parties by separate practitioners in the space is ill advised and, in a number of jurisdictions, would be ethically prohibited.

Regardless, if adverse parties will be represented by separate attorneys in the space, always obtain client consent in writing at the outset.

Don’t Mislead the Public The use of common advertising to include terms such as “of counsel,” “an association of solo practitioners,” or “affiliated with” can be a significant misstep if the actual relationship does not support the use of these terms.

For example, of counsel means more than being available for an occasional consultation or question. Of counsel is defined as having a close and continuing relationship which involves frequent and continuing contact. If this isn’t going to be the case, don’t use the term.

Put the Office Sharing Agreement in Writing Issues worth considering include: How will equipment be shared? If there will be shared staff, who will

manage, support, and evaluate them?

As attorneys will arrive and depart, who will decide who comes into the space and under what conditions?

Detail all financial responsibilities and the consequences of a failure to meet those responsibilities. Most importantly, require that all office sharing attorneys maintain professional liability insurance in order to remain in the space each year because the lack of insurance is one of the reasons why every attorney in the shared space gets named in malpractice suits.

When all of the above ideas are fully implemented, it is possible to avail oneself of the benefits of an office sharing relationship, while minimizing the risks normally associated with these types of arrangements.

That said, always remember that in spite of what you might say to a client, if you and your officemates conduct yourselves in a way that would lead a reasonable person to believe you are a firm, ethical and/or liability trouble may be just around the corner. This is where that old saying, “if it walks like a duck and talks like a duck, then it’s a duck” rings true. You really do need to have your ducks in a row. n MARK BASSINGTHWAIGHTE is Risk Manager with ALPS. He has conducted over 1,200 law firm risk management assessment visits, presented over 400 CLE seminars throughout the US, and written extensively on risk management, ethics, and technology. He is a member of the State Bar of Montana and the American Bar Association where he currently sits on the ABA Center for Professional Responsibility’s Conference Planning Committee.

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barBITES

by Sherie Edwards, State Volunteer Mutual Insurance Company Crispy Chicken Thighs with Rice Ingredients 1 cup jasmine rice 4 bone in, skin on chicken thighs 1½ cups chicken broth Salt, pepper, poultry seasoning (about 1 tsp of each) 4 oz baby portobellos, sliced

1 10 oz package fresh green beans 6 oz frozen peas 1 cup baby carrots Olive oil Sancerre (optional)

Directions Place rice in bottom of Foodi pot or similar; add chicken broth, peas, and mushrooms; stir.

Place roasting rack in pot so that it is in the “High” position; place chicken thighs on rack.

Attach Pressure Cook lid (follow instructions provided by your pressure cooker). Set to Pressure for 2 minutes and push Start. NOTE: It takes about 10 minutes to come to full pressure.

When pressure cooking cycle finishes, carefully turn valve to Open and let pressure off.

Open and remove lid, brush chicken thighs with olive oil, and season with salt, pepper, and poultry seasoning (about a teaspoon of each).

Close crisper lid (attached to Foodi pot), set for Broil, set time for 10 minutes, and push Start.

If using the optional Sancerre: go to the cabinet where you keep your wine glasses, get one, and pour Sancerre into the glass. This isn’t for the dish but for the cook!

Meanwhile, while pressure begins to build in pressure cooker stage, heat oven to 375 degrees. Place foil on a sheet pan, put green beans and carrots on prepared pan, drizzle with olive oil and season with salt and pepper. Bake/roast for 15-20 minutes (check after 15 to see if they are done to your preference).

When timer goes off on Foodi, carefully open the lid and enjoy a great meal, cooked from start to finish in under 30 minutes! Also enjoy the cleanup—one pot, one roasting rack, and throw away the foil on the sheet pan! Recipe adapted from the original, published in the Ninja Foodi™ Complete Cookbook for Beginners, © 2018.

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NASHVILLE BAR JOURNAL | APR/MAY 2020

Welcome to the NBA! Congratulations on your membership—thank you for joining the NBA! We look forward to serving you this year and appreciate your support. Visit NashvilleBar.org or contact Vicki.Shoulders@nashvillebar.org with questions or to learn more.

NEW MEMBERS (JANUARY 1 - FEBRUARY 29)

Caroline Abbott

Darrell Freeman

Michael Rivas

John Ayers

Wendy Goggin

Victoria Selover

Mary Beard

Danica Grosko

Priya Sivaraman

Victoria Benitone

Stephen Harris

Amy Smith

Kara Bidstrup

Morgan Hartgrove

Joel Stampley

Samuel Blanton

Jessica Heavener

Kelsey Stelly

Paul d’Ambrosio

Laura Higbee

Joseph Stephens

Dennis Disney

Braxton Kinney

Bradley Stephens

Michael Dohn

William Lewis

Alan Turk

Kirk Dryer

Cynthia Moon

Donald Turner

Griffin Dunham

Makenzie Moore

Kendra Vosler

Robert Dupler

Mackenzie Novak

Andrew West

Alexander Edlin

Olivia Park

Joshua Wysor

Lucas Fishman

Megan Pugh

Kinika Young

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VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

Winter 2020 Highlights NBA President’s Reception @ Waller

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NASHVILLE BAR JOURNAL | APR/MAY 2020

VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

Winter 2020 Highlights

NBA Happy Hour: The Trivia Edition @ Sea Salt

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Winter 2020 Highlights Diversity Summit 2020 @ Belmont University

Magistrate Judge Joe Brown’s Retirement Reception 26

NASHVILLE BAR JOURNAL | APR/MAY 2020

VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

Winter 2020 Highlights

Magistrate Judge Joe Brown’s Retirement Reception

Damali Booker 1L Minority Job Fair

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Hearsay | Honors & Awards, On the Move, Firm News H ONORS & AWARDS Sheree Wright was awarded the Commodore Award for making significant contributions to Vanderbilt University’s pursuit of excellence in education, research, and community service, and was also recognized for her 30 years of service to Vanderbilt University. Wright works in Vanderbilt’s Office of General Counsel.

ON T HE MOVE Bednarz & Bednarz is pleased to announce the recent addition of Russell Newman as an associate attorney.

Newman concentrates his practice on medical malpractice, general liability, premises liability, and trucking and transportation.

Wood Stabell Law Group, PLLC, is pleased to announce that two new attorneys, Casey Bloxom and Joanne Sowell, have joined its firm.

For the past 12 years, Bloxom has focused her practice on real estate transactions, both commercial and residential, and also has experience in-house, representing buyers, sellers, and real estate developers, and assists with general business and corporate matters. Sowell is a corporate attorney who works with small to medium-sized entities and has experience with corpo28

rate tax, business planning, and estate planning.

Carter Shelton Jones is pleased to announce that Stephanie Edwards, a veteran of Nashville’s estate planning community, has joined the firm’s estate planning and estate administration practice.

Stephanie’s practice focuses on estate planning, related business and tax matters, estate administration, business succession planning, and advising fiduciaries with respect to trust and administration issues.

Jonathan Farmer, former founding member of Farmer Purcell White & Lassiter, has joined Bone McAllester Norton, bringing 20 years of experience in federal and state criminal litigation and investigations, and commercial and tort litigation. In his new role, Farmer will concentrate his practice on criminal defense and government investigations, personal injury, wrongful death, and civil litigation.

Riley Warnock & Jacobson welcomes two new attorneys, Carson King and Rachel Roberson.

Prior to joining the firm, King tried and arbitrated cases for a large Southeast law firm specializing in health care liability defense, and Roberson practiced general civil litigation and

NASHVILLE BAR JOURNAL | APR/MAY 2020

represented a broad range of clients’ interests, including subrogation rights, trusts and estates matters, general corporate defense, and employment discrimination.

Dickinson Wright is pleased to announce that Ryan A. Lee has joined the firm’s Nashville office as Of Counsel. Lee advises owners, general contractors, subcontractors, design professionals, and suppliers in various construction-related litigation matters. He has significant commercial litigation and government regulatory experience based on his time in private practice in Chicago and in the TN Attorney General’s Office.

Henry Leventis, former federal prosecutor and director of litigation for the US Attorney’s Office in Nashville, has joined Bone McAllester Norton. He comes to the firm with more than 15 years of civil and criminal litigation experience.

Leventis will join former US Attorney Ed Yarbrough in the Criminal Defense and Government Investigations practice group. He will focus on white-collar criminal defense, civil government enforcement matters and internal investigations.

FIRM NEWS Bradley is proud to announce that it is celebrating the firm’s 150th anniversary.

Founded in 1870 in Elyton, Alabama, before moving to Birmingham the following year, Bradley has grown to 10 offices with nearly 550 lawyers in Ala-

Hearsay | Honors & Awards, On the Move, Firm News bama, Florida, Mississippi, North Carolina, Tennessee, Texas, and the District of Columbia.

Burr & Forman has announced the expansion of its sports law practice to include representation of veteran and rookie NFL players in contract negotiations.

Alex Little and Zack Lawson are the only NFL Contract Advisors in Tennessee associated with an AMLAW 200 law firm.

Davidson County Mental Health and Veterans Court Judge Melissa Blackburn has released the final 2019 totals of court costs and fines waived by her courts for successful graduating participants of the two programs, amounting to nearly $110,000. The Davidson County Mental Health Court was established in 2001 and the Veterans Court was established in 2014 to provide supervisory assistance to criminal justice-involved Nashvillians who qualify for the programs. Upon completion, eligible charges are expunged and costs/ fines may be waived at the judge’s discretion.

Dickinson Wright is pleased to announce that the firm has implemented a new staff paid parental leave policy effective. The new policy allows staff to take up to 12 weeks of full paid leave to care for a newborn or newly adopted child. The policy is gender neutral and

outlines new processes for off-ramping and on-ramping employees.

Lewis Thomason’s appellate team of John Tarpley, Janet Hayes, Jared Garceau, and Mitchell Panter were victorious in upholding non-economic damage caps before the TN Supreme Court.

In a landmark opinion released February 26, the TN Supreme Court held in a threeto-two decision that Tennessee’s statutory cap on non-economic damages in civil cases does not violate the Tennessee Constitution.

The law at issue caps the amount of non-economic damages a jury can award in a civil case to $750,000, with a provision allowing for up to $1M in the case of catastrophic loss.

The Music City Community Court announced its permanent home at the Bordeaux-North Community Justice Center on MLK Day. To date, the court has helped nearly 12,000 people gain access to record expungement, voting right restoration, and driver license reinstatement as well as housing and employment.

Patterson Intellectual Property Law is pleased to announce the election of Seth Ogden as a Shareholder of the firm. Ogden is a registered patent attor-

ney and focuses on patent infringement litigation and patent prosecution in the fields of biotechnology, pharmaceuticals, medical devices, industrial chemicals, software, and electronic devices. He also represents pro bono clients before the Veterans Benefits Administration and the US Court of Appeals for Veterans Claims.

Schaffer Law Firm is focusing its practice on hospitality law to meet the growing statewide demand for legal services.

The firm has tailored its practice to help hospitality industry clients statewide with all legal needs including corporate formation, owner contracts, trademarks, permits and alcohol licenses. In addition to expanding into other Tennessee markets, the firm plans to add more attorneys to the team and relocate to larger Nashville office space.

Sherrard Roe Voigt & Harbison formed a Government Compliance and Investigations practice group to streamline and expand its existing capabilities, and Christopher Sabis is the chair.

Stites & Harbison recently elected Erika Barnes to the Management Committee for a two-year term. Barnes is certified as a specialist in Business Bankruptcy by the American Board of Certification, and a Member of the firm in the Creditors’ Rights and Bankruptcy and Business Litigation service groups. n

APR/MAY 2020 | NASHVILLE BAR JOURNAL

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Thank You for Your Membership!

The NBA Premier Membership recognizes those members who desire to demonstrate the utmost in commitment and support to NBA programs and services. Contact Vicki.Shoulders@nashvillebar.org for information on how to become a Premier Member.

PREMIER MEMBERS

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Gail Vaughn Ashworth

Jamie Hollin

Nathan Ridley

Laura Baker

Paul Housch

Christopher Sabis

William Ball

Jan Jennings

Carolyn Schott

Carson Beck

Andrew Kaufman

Joe Shelton

Daniel Berexa

Jordan Keller

Michael Berman

John Kitch

Kimberly Silvus

Mark Beveridge

Dean Bill Koch

Hon. Joe Binkley

Irwin Kuhn

Hon. Melissa Blackburn

Ed Lanquist

Charles Bone

Tom Lawless

C. Dewey Branstetter

Will Lewis

Hon. Joe Brown

Wendy Longmire

Kenny Byrd

Christina Lopez

Chris Cardwell

Hon. Randal Mashburn

Loy Carney

Sam McAllester

Kay Caudle

Hon. Amanda McClendon

Mark Chalos

Nicholas McGregor

Will Cheek

Bob Mendes

Christopher Coleman

Margaret Moore

Hon. Patsy Cottrell

Marlene Moses

John Day

Hon. Patricia Head Moskal

Joy Day

Phil Newman

Jackie Dixon

Marc Overlock

Blair Durham

Matt Painter

Keith Frazier

David Parsons

Richard Green

Gregory Pease

John Griffin

Andrea Perry

Hon. Bill Young

Bill Harbison

Tracy Powell

Stephen Young

Aubrey Harwell

Joseph Presley

Gulam Zade

Trey Harwell

David Raybin

Stephen Zralek

Lisa Helton

Sara Reynolds

NASHVILLE BAR JOURNAL | APR/MAY 2020

Martin Sir Ron Small Eric Smith Laura Smith Saul Solomon John Spragens Joycelyn Stevenson Mike Stewart Gerard Stranch Jim Stranch Hon. Aleta Trauger Howard Vogel Michael Wall Liz Washko Jim Weatherly Tom White Tom Wiseman Talley Wood Sheree Wright Ed Yarbrough

The Affinity Program EXCLUSIVE MEMBER SAVINGS ON LOCAL PRODUCTS & SERVICES!

The Affinity Program is made up of partnerships that foster a mutually beneficial relationship between the NBA, our members, and participating local businesses. To learn more, view member discounts, and get your NBA Membership card to present to vendors to receive your discount, visit NashvilleBar.org/AffinityProgram or email Vicki.Shoulders@nashvillebar.org today!

SM

AT NASHVILLE

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Thank you for supporting your local bar association!

The Nashville Bar Association 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community from legal organizations with more than three attorneys that have 100% of their Nashville attorneys as members of the NBA. To become part of NBA’s 100% Club, contact Vicki.Shoulders@nashvillebar.org and support your local bar association today!

Anderson & Reynolds

Law Offices of John Day

Riggs Davie

Baker Donelson

LBMC

Riley, Warnock & Jacobson

Bone McAllester Norton

Leader, Bulso & Nolan

Robinson, Reagan & Young

Bradley

Legal Aid Society

Brewer, Krause, Brooks & Chastain

Leitner, Williams, Dooley & Napolitan

Burr & Forman

Lewis Thomason

Butler Snow

Lieff, Cabraser, Heimann & Bernstein

Cameron Worley

Lindsey + Amonette + Nemer

Cole Law Group

Martin Heller Potempa & Sheppard

Cornelius & Collins

Matt Hardin Law

Dickinson Wright

McCarter & Beauchamp

Smith Cashion & Orr

Dodson Parker Behm & Capparella

Meridian Law

Smythe Huff & Murphy

Evans, Jones & Reynolds

Morgan & Akins

Spicer Rudstrom

Fisher & Phillips

MTR Family Law

Stites & Harbison

Frazer

Nashville Electric Service

Frost Brown Todd

Neal & Harwell

Grissim & Hodges

Nelson, Mullins, Riley & Scarborough

GSRM Law

North, Pursell & Ramos

Hall Booth Smith

Ogletree Deakins

Healthcare Realty Trust, Inc.

Ortale Kelley Law Firm

Holton & Mayberry

Parker, Lawrence, Cantrell & Smith

Keller, Turner, Andrews & Ghanem

Patterson Intellectual Property Law

White & Reasor

Kinnard, Clayton & Beveridge

Rainey, Kizer, Reviere & Bell

Wiseman Ashworth Law Group

Latitude

Raybin & Weissman

Wyatt, Tarrant & Combs

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