Nashville Bar Journal | April/May 2023

Journal JOURNAL Journal

FEATURE

Killer of the Dreamer ALSO

The Power of Tenn. R. Civ. P. 41 and Subject Matter Jurisdiction

A.I.-Enhanced Lawyering

An Affordable Single Resource for all Your Telecom, Cloud, and IT Service Needs

INTERNET & VoIP Multi-MEG Fiber, Hosted PBX, IP SIP Services

DATA CENTER

Server Co-location, Virtual Private Servers, Business Continuity, Hosting, Managed E-mail, and SaaS

VOICE

Business Lines, Hosted PBX, Primary Rate Interface, Switched and Dedicated Long Distance

CLOUD COMPUTING Off-site Back-up

NETWORK SUPPORT & SECURITY

Monitoring, Reporting, Troubleshooting and Resolution, Performance Analysis, Patch Management, and Ransomware Mitigation

Peace Communications has been servicing Tennessee and the region since 2001. We are the go-to resource for small-to-medium sized businesses for IT products and services including voice, data, backup and recovery, internet and a full suite of managed services from the cloud.

www.peacecom.net

GULAM ZADE, Publisher

WILLIAM T. RAMSEY, Editor-in-Chief

SUMMER MELTON, Managing Editor

LAUREN POOLE, Managing Editor

ADRIENNE BENNETT CLUFF, Layout/Design/Production

EDITORIAL COMMITTEE

RAMONA DESALVO

TIMOTHY ISHII

J. BART PICKETT

KATLIN RYAN

KRISTIN THOMAS

JONATHAN WARDLE

NASHVILLE BAR JOURNAL (ISSN1548-7113) (USPS 021-962) is published bi-monthly by the Nashville Bar Association, 150 4th Ave N, Ste 1350, Nashville, TN 37219. Periodicals Postage Paid at Nashville TN.

POSTMASTER: Send address changes to Nashville Bar Journal, 150 4th Ave N, Ste 1350, Nashville, TN 372192419.

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 Adrienne.BennettCluff@ 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 1350 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.

FROM THE PRESIDENT

What’s the Value of an NBA Membership? Let Us Count the Ways | Gulam Zade

The Nashville Bar Association has close to 2,500 members, and each of these professionals receives access to many diverse benefits. Our members are judges, in-house counsel, law students, paralegals, educators, and everything in between, spanning from public and private sectors, large multi-state firms, to small firms and solo practices.

So, what does the benefit of NBA membership really look like for this diverse group? I recently asked several friends and longtime members what they find most valuable about their NBA membership. Here’s what they said:

“My NBA membership gives me the ability to connect with my colleagues in the Nashville area. The networking opportunities we have through the NBA help, in my opinion, to maintain the collegiality we enjoy in the Nashville bar community. I am proud of the service projects the NBA supports, especially through our Young Lawyers Division. Projects such as Brews for Backpacks, collecting costumes for underprivileged children, and our support of various pro bono projects shows the community that we are more than just ‘suits’ but an integral part of our community.”

Sherie, renowned lawyer and mentor extraordinaire

“I value the CLEs and collegiality with other attorney members.”

Jeff, man of few words

“I appreciate that the NBA provides opportunities to make new friends and see old ones. I especially enjoy the ability to see colleagues in non-adversarial environments.”

Bart, social butterfly

“The NBA is a great network of individuals to help provide access to legal information or services to members of the community seeking assistance. The organization also creates a unique support system and community of professionals dedicated to the betterment of the bar and the community at large. My honorable mention is the community of members willing to help educate and assist younger members of the bar to help foster their success, whether it be in law or other endeavors.”

Bruce, community champion

“One of the biggest benefits to my membership is the Nashville Bar Journal and the weekly updates on what is happening, when and where. I enjoy being part of the collegiality of the bar.”

McLemore, man, myth, legend

These comments speak to the varied benefits that NBA membership provides. In addition to creating opportunities for networking and new friendships, our members are better equipped to keep up with colleagues and access resources that will help them advance in their careers.

Perhaps one opportunity that didn’t get mentioned but should be highlighted is the ability to join a practice or service committee to better connect with people in the same area of law. I encourage you to visit the Practice and Service Committees section of the NBA website to learn more about these opportunities.

This spring, the NBA will be launching the “My NBA Why” campaign to highlight the benefits of NBA membership and share why our members join and stay involved with the NBA. We would love to hear from you! What member benefits do you use? What do you get out of being an NBA member? What is your NBA Why? Share why you are an NBA member by emailing our Marketing & Communications Coordinator, Adrienne, at Adrienne.BennettCluff@nashvillebar.org. We’ll be featuring member responses on the NBA’s social channels and weekly email newsletters throughout the year.

2023 NBA BOARD OF DIRECTORS

GULAM ZADE, President

BAHAR AZHDARI, President-Elect

LORA FOX, First Vice President

MARLENE MOSES, Second Vice President

JD WILLIAMS, Secretary

GIL SCHUETTE, Treasurer

GRACE FOX, Assistant Treasurer

LELA M. HOLLABAUGH, General Counsel

BEAU CRESON, YLD President

MARTESHA JOHNSON MOORE, Immediate Past President

KAYA GRACE PORTER, First Vice President-Elect

KIM LOONEY, Second Vice President-Elect

CHRISTEN BLACKBURN

JAZ BOON

AMY WILLOUGHBY BRYANT

DANIEL CLAYTON

ERIN COLEMAN

SHERIE EDWARDS

HON. ANA L. ESCOBAR

SAM FELKER

MANDY FLOYD

ELIZABETH FOY

PAZ HAYNES

JOSEPH HUBBARD

JUNAID ODUBEKO

BEN RAYBIN

WORRICK G. ROBINSON IV

MARIE SCOTT

TIM WARNOCK

LUTHER WRIGHT

NBA TEAM

ABBY SPARKS, Executive Director

CAMERON ADKINS, CLE Director

ADRIENNE BENNETT CLUFF, Marketing & Communications Coordinator

TRACI HOLLANDSWORTH, Programs & Events Coordinator

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 Adrienne.BennettCluff@nashvillebar.org

Hear Ye, Hear Ye | Events of Interest

2023 Law Day

In celebration of the American Bar Association’s Law Day, the Nashville Bar Association invites you to join us on Friday, April 28, at the Downtown Renaissance Hotel for our 2023 Law Day Lunch. We are happy to announce our keynote speaker, Tennessee Supreme Court Justice Sarah Campbell, who will be speaking on this year’s theme: “Cornerstones of Democracy: Civics, Civility, and Collaboration.”

For the latest information, stay tuned to NashvilleBar.org/LawDay. n

NBA + NBF + ACC Golf Tournament

Get ready for a day on the green with your friends and colleagues on Thursday, May 18, and spend a day putting around in the sunshine at our annual golf tournament. Presented by the NBA, NBF, and Association of Corporate Counsel, the tournament will be held at the Hermitage Golf Course in Old Hickory. The entry is $160 for NBA members, $180 for nonmembers, and includes range balls, greens fee, cart, beverages, snacks, and dinner. Additionally, this year we are offering three sponsorship levels that include Dinner Sponsor, Cart Sponsor, and Hole Sponsor, each with respective benefits. All registrations must be submitted by Thursday, May 11.

Dinner and prizes at the conclusion of play. Prizes for teams and individual contests include longest drive, longest putt, closest to pin, etc. To register or learn more, visit NashvilleBar.org/Golf. n

Spring Memorial Service

Our Spring Memorial Service will be on Thursday, May 25, 2023, at the Downtown Presbyterian Church. The service begins at 11:00am. We hope you can join in and remember those who have gone before us. Memorial resolutions are presented in honor of those in the Nashville legal community who have recently passed away.

The memorial resolutions are prepared and read on the minutes of the Chancery Court at the service by friends and colleagues of the bench and bar and are added to the NBA’s collection of more than 100 years of resolutions. Family members and friends of the deceased are invited to attend.

Visit NashvilleBar.org/Memorial to view a list of those being honored and save your spot today. n

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 28)

John Alanis

Lauren Brown

Tripp Conley

Leah Dennen

Libby Donoho

Ayanna Freeman

Emily Gould

Lora Hortert

Spencer Kaul

Rachael McMillen

Laura Metzger

Kayla Rachal

Events At-A-Glance

Apr 19 | YLD Happy Hour

@ Bearded Iris Germantown

Apr 20 | NBA Diversity Committee + Napier-Looby

Happy Hour @ pH Craft Cocktails

Apr 28 | Law Day 2023

@ Renaissance Hotel

May 6 | NBF Fellows Gala

@ Loews Hotel

May 18 | NBA + NBF + ACC Golf Tournament

@ Hermitage Golf Course

May 25 | Spring Memorial Service

@ Downtown Presbyterian

Shannone Raybon

Tim Rodriguez

Victoria Rohloff

Jennifer Ross

Jamie Schultz

Emily Slass

Brooke Wanser

John Hill Wheliss

Amy Williams

Drew Williams

Brock Willis

May 31 | YLD Arts Immersion

@ The Bedford

June 10 | Family Zoo Day

@ Nashville Zoo at Grassmere

June 24 | Pride Parade with the NBA Diversity Committee

@ Downtown Nashville

August 18 | 25th Annual Carbolic Smoke Ball

@ Anzie Blue

October 21 | Race Judicata

@ Edwin Warner Park

Feature Story | Hal Hardin

Killer of the Dreamer

District Attorney Tom Shriver came into my office and dropped a letter on my desk. “It looks like this guy wants to file a complaint involving your buddy, Mr. John Hooker, Sr. Do you want to investigate it?”

My response was something along the lines of, “Seriously?! Of course!”

His request was not unusual in 1970, as Shriver often asked his assistants to investigate all sorts of cases, ranging from murder to prostitution.1 The year before, Mr. Hooker had worked with us on Nashville’s so-called “Trial of the Century” murder case, State v. William Powell, and Shriver knew that I considered Mr. Hooker a mentor and the “titan” of all lawyers. The letter in question had come from James Earl Ray, the convicted killer of Dr. Martin Luther King, Jr. Ray’s notarized “letter of complaint” accused a corrections official, along with well-known attorney Percy Foreman, a.k.a. “The Texas Tiger,” of “making available… information of a personal nature concerning me…which I was required by law to give to the corrections department upon being confined in State prison… which was successfully being used against me in the Federal District Court…in a civil lawsuit.”

Foreman was famous for handling high-profile cases and was retained as Ray’s attorney some thirty-six hours before his trial. From prior chats with Mr. Hooker, I knew that Foreman had asked for his advice about representing Ray. Ray apparently wanted to hire Mr. Hooker, Sr., as well because he thought his son would be governor in 1970 and would pardon him. I later understood that Ray had once complained that John Jay Hooker, Jr., when running for Governor, had “catered to the Negro vote.”

The trial was postponed and, shortly thereafter, Ray pled guilty to a 99-year sentence in order to avoid the death penalty. Almost immediately, even on the ride from the courthouse to the Nashville penitentiary, he voiced his regret and was adamant that there was no conspiracy and tried to withdraw his plea a few days later. Ray was unsuccessful, and the trial court found him guilty of the murder of Dr. Martin Luther King, Jr. In the wake of this ruling, Ray took it upon himself to appeal the trial court’s decision and to sue his own attorneys in civil court. Judge Morton’s dismissal was affirmed on appeal in a split decision, dismissing Ray’s lawsuit.2

When Ray sued Percy Foreman, along with others, Gareth Aden and Mr. Hooker, Sr. represented Foreman in the trial court and in the Sixth Circuit. Ray claimed that the defendants should be enjoined “from further exposure of the alleged facts surrounding the slaying of Dr. King, insofar as such facts affect the Petitioner or purport to involve the Petitioner with said killings” and sought a declaratory judgment.

The warden of the Nashville prison accommodated my request for a meeting with Ray to begin my investigation into his complaint. In preparation for the meeting, I tried to learn a little about his background.

Ray didn’t come from much. His mother was a known sex worker and all of his brothers had criminal records. He was a petty criminal himself, although he seemed incapable of succeeding in the simplest of crimes. He botched numerous robberies.

Once, in California, he stole a typewriter but dropped his bank (continued on page 8)

book and was captured. He unsuccessfully attempted to escape from Missouri State Prison, failing twice. On the third attempt, he was successful. When running from the St. Louis police, he jumped into an elevator but forgot to close the door and was captured. At gunpoint, he robbed a cabdriver of $11. He was discharged from the army for being “inept.” After a robbery in Chicago, he ran down a dead-end alley and was captured. After robbing a grocery store in Illinois, Ray fell from his getaway car after a sharp turn and was captured. He tried his hand at producing pornography films with his girlfriend in Mexico, but that was also a failure. I found myself thinking how it was so incredible that this excuse of a man could have brought down one of the most admired men in the world. It was clear that Ray was a lifelong loser. He was cunning but not very bright.

He spent years in and out of jail and was on the run from prison at the time of King’s murder. He rented a room directly opposite the balcony outside of Dr. King’s room at the Lorraine Hotel. Ray vowed to finally “succeed” at something. He later escaped from Brushy Mountain penitentiary but was quickly captured.

During my first visit with Ray, the warden allowed me to meet him alone in a small room. I remember thinking that he had shifty eyes, like those of a caged weasel. After going over his complaints, I tried, unsuccessfully, to get him to talk about the murder. In hopes that Ray would open up about his beliefs, I engaged him in conversation about his early life in Missouri and Illinois. I told him that when I was the acting Director of the St. Louis Job Corps, I often had to drive through East St. Louis. I intentionally mentioned that I never stopped there; East St. Louis was mostly populated by Black Americans and had a very high crime rate at the time. Ray perked up. This statement was enough to start him talking about his racist views, which started years before in his hometown of Alton, Illinois.

While listening to Ray, I remember thinking that any rookie prosecutor could have ripped him apart on the witness stand. I knew a little bit about the facts of the Ray murder case beforehand, including that his fingerprints were found at and around the flop house from which he shot Dr. King. District Attorney Phil Canale had invited prosecutors to Memphis for a review of his evidence. That presentation clearly showed Ray’s guilt. Who might have helped him onto a flight to London on the way to segregated Rhodesia is another story. Two of the facts Canale presented stick out in my mind. First, FBI agents noticed that the side of the bathroom windowsill where he fired the deadly shot had a very small, curved indentation in the wood. They found that it microscopically matched the same curvature of Ray’s rifle stock; he had repeatedly pressed the rifle against the sill as he waited for his moment to fire.3 Second,

when Ray ran out of the bathroom and onto the street after he killed King, he not only dropped his rifle, two cans of Schlitz beer, and his Missouri State inmate number, but also multiple bars of motel soap and rolls of toilet paper behind him. It just seemed incredible that a man who had just committed the murder of the century would flee, dropping identification and stolen toiletries alike. Such was an insight into this assassin.

Through the years, Ray had hired several well-known racist attorneys, including Nashville attorney Jack Kershaw. Nashvillians remember Kershaw as the man who built the Confederate Park off I-65, which is crudely decorated with each of the Confederate state flags and, until recently, showcased a statue of Nathan Bedford Forrest atop a rearing horse.

Ultimately, Ray’s claims to Shriver were baseless, and we closed the investigation. In a letter, I told Ray, “Section 41-207,4 Tennessee Code Annotated requires the warden to obtain a full and complete statement upon the receipt of the Convict at the Tennessee State Penitentiary… giving a brief history of his past life… Showing where he has resided… the names of post office addresses of all near relatives… and other facts. Further, Section 40-3116 of the Tennessee Code Annotated requires the Court… to transmit to the warden… a short report of the circumstances attending the offense committed, the character of the convict… any record of said convict’s previous felony or other infamous offense conviction which report the warden shall carefully file and preserve.” I concluded that no wrong had been done. In return, and to my surprise, Ray wrote a courteous letter back to me (see page 15).

I would see Ray one more time.

Judge John Nixon tracked me down to a beach where I was vacationing and wanted to appoint me as the court-appointed guardian ad litem of a death row inmate. He said, “Hal, there are some lawyers arguing in my court that their client insists on being put to death rather than live on death row. Another inmate, Mr. Groseclose, represented by Larry Woods and several other attorneys, is seeking to intervene, contending that the execution should be halted until they can produce evidence showing why all executions should be stopped due to the cruel and unusual conditions.” His voice sounded thin and far away – back then, long distance calls had a distinctive sound to them.

I reluctantly agreed to and asked him, “Well, when is my client supposed to be executed?” There was a long pause on the other end of the line. “Next Monday,” he said. I swallowed hard and said, “John (forgetting all formalities at this point) today is Friday, and I’m far away from Nashville... I don’t want to be presumptuous or

The Power of Tenn. R. Civ. P. 41 and Subject Matter Jurisdiction

The majority of us are well acquainted with a plaintiff’s right to voluntary dismissal of their cause of action under Tenn. R. Civ. P. 41. Most attorneys do not realize there is a latent power which can lay dormant throughout years of litigation. The use of Rule 41 is a wellknown and valid trial stratagem to preserve a client’s cause of action to toll the statute of limitations, for example, when the full quantum of a party’s damages are not yet known or are still accruing. Many attorneys simply think that a plaintiff has an unrestricted right to twice “nonsuit” their case under Rule 41 before jeopardy attaches, i.e., before the judge rules or when the jury starts deliberating.1 However, the Rule 41 is much more textured.

There are cases in which an extensive course of litigation has been dismissed completely for lack of subject matter jurisdiction under Tenn. R. Civ. P. 41 because a timely dismissal of the cause of action removes subject matter jurisdiction of the court over the issue. The filing of the notice of voluntary dismissal is the triggering event which removes subject matter jurisdiction from the trial court independent of any action by the trial court judge.

Subject matter jurisdiction is an issue that cannot be waived and may be raised at any point in litigation, even at the appellate levels.2 “Rule 41.01 permits a voluntary nonsuit notwithstanding the amount of time or expense that may have been expended by the parties.”3

Proper Instigation of Voluntary Dismissal Under Rule 41

The timely filing of a notice of voluntary dismissal without prejudice is the instigating action which halts further litigation and pre-

serves a plaintiff’s cause of action. Though a plaintiff has unrestricted right to voluntary dismissal without action or adjudication by the court, said voluntary dismissal without prejudice must be followed by an order signed by the court and entered by the clerk.4

Accordingly, the plaintiff’s counsel must be exact in implementing a Rule 41 voluntary dismissal. The simple standard procedure of filing a proposed order of dismissal along with the required notice will preclude any further controversy on whether the voluntary dismissal is effective.

However, the plaintiff’s right to nonsuit is not unrestricted. While Tennessee courts have been meticulous in protecting a plaintiff’s right to voluntary nonsuit without prejudice, our courts have been equally stringent in protecting a defendant’s right to pursue a timely filed counterclaim to conclusion on the merits. A plaintiff’s right of voluntary nonsuit has been held inferior to a mere defendant’s motion to amend their answer to include a counterclaim.5

A defendant that has filed an answer and countercomplaint may elect to go forward “on such counterclaim in the capacity of a plaintiff.”6 Therefore, the defendant who files an answer and a counterclaim before the plaintiff files their order of voluntary dismissal, locks the parties into the litigation. The defendant’s right to go forward on their counterclaim and invalidate a proposed voluntary nonsuit centers around whether there is a “vested right” and what exactly is a “counterclaim.”7

A valid counterclaim cannot be “mere denials of the plaintiff’s

(continued on page 12)

CAN YOU NAME THESE PEOPLE?

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

FEB/MAR GOLDEN OLDIES

Congratulations to Greer Cummings

T h a n k Y o u

to the following law firms for all of your success raising over $20,000 in the Raising the Bar for St Jude challenge for the 2022 Nashville St. Jude Walk/Run!

B a s s , B e r r y & S i m s P L C

B a k e r D o n e l s o n

W a l l e r L a w

AOC

Cumberland Litigation, PLLC

Lewis Thompson, P C

Ortale Kelley Law Firm

Thompson Burton PLLC

Vanderbilt Law School

Wiseman Ashworth Trauger

BACKGROUND CHECK

Bart Pickett | Abby Sparks

For the last 13 years, Nashville Bar Journal readers have gotten to know NBA members through Bart Pickett’s column, “Background Check.”

Over the years Bart has interviewed dozens of judges, NBA board members and committee chairs, and other NBA members. This month, Bart has graciously agreed to switch roles and sit in the spotlight; I hope you enjoy getting to know Bart as much I have!

Bart Pickett was born and raised in Huntingdon, a small town in Carroll County, located in West Tennessee. He has deep roots in Carroll County-–his family has been in the area for at least 5 generations. Bart’s parents were both teachers and always emphasized the importance of education to him and his older brother, Britt. This focus on education was evident as Bart excelled academically–he took every honors class available and participated in most extracurricular activities available.

After graduating high school, Bart attended the University of the South

in Sewanee, Tennessee–a town even smaller than his hometown of Huntingdon. He loved attending Sewanee and talked about the beauty of the campus, set on 13,000 acres on the Cumberland Plateau. Bart majored in political science and was active in student life; he was a member of the Pre-Law club, the Chi Psi fraternity, served as a residence hall proctor, led campus tours, and served as the president of the university’s College Democrats organization. He was selected as Homecoming King his senior year. Bart knew he wanted to go to law school–growing up in a small town, he saw the positive impact attorneys had in his local community. He applied to several law schools but wanted to remain in Tennessee and was excited when he was accepted to the UT College of Law. Bart “absolutely loved law school” and his time at UT. He made great friends while at UT who he is still close with today. Bart served on the Tennessee Law Review and led the animal law pro bono. He completed the Advocacy and Dispute Resolution concentration.

After graduating from UT College of Law in 2007, Bart knew he wanted to move to Nashville and started applying for judicial clerkships. He completed a 1-year clerkship with Judge Brothers, and then clerked for 2 years for Judge Binkley. Bart enjoyed his clerkship experiences, especially getting to know the judges and other court staff.

Bart then worked for Hall Booth Smith, P.C., handling mostly medical malpractice cases. In 2013, he moved in-house to Liberty Mutual and

started working for Julie Peak, who he describes as a great mentor. Bart wanted to try jury cases and got lots of opportunities to do so while working for Liberty Mutual. He tried 22 jury cases across the state. Bart enjoyed trying jury cases and found it fun. He related, “people are only intimidated by trials because they haven’t done them much.” But with practice, he found he developed a comfort level with the process and was able to focus on the facts of each particular case.

While he enjoyed litigation, Bart recognized that it can be exhausting work and he also preferred not to be in adversarial situations. Several years ago, he took some time to evaluate his career and realized he wanted to make a change. He thought back to his time working in the courthouse, and his interactions with the court administrator. He realized that was the job he wanted and decided to seek it out when the position became available.

Four years later, Bart landed his dream job as the new Trial Court Administrator for Metro Nashville and Davidson County. He is now one month into his new role and says he is having fun working with a great staff and loves being back in the courthouse every day.

When he’s not working, Bart loves to travel–and while he says he is not a thrill-seeker, he has been on some pretty thrilling adventures. He ran with the bulls in Pamplona, Spain (where he says the crowds were more dangerous than the bulls!) and survived the world’s most dangerous hike, Mt. Huashan in China. Bart has traveled

(continued on page 22)

Editorial | The Power of Tenn. R. Civ. P. 41 and Subject Matter

cause of action.”8 The defendant’s counterclaim must state facts upon which affirmative relief can be granted and which arise out of the same subject matter of the original opposing party’s claim.9 However, mere survival of the counterclaim does not entitle party to judgment. To prevail on the merits to judgment requires actual submission of proof before the court on the defendant’s counterclaim.10

Returning to a plaintiff’s right to nonsuit, some fact patterns are rather extreme. For example, a plaintiff mother filed suit in general sessions court against her OB/ GYN on behalf of her infant son who was allegedly injured during childbirth. When finally brought to trial before the general sessions court, counsel for the defendant hospital attempted to file an order confessing to judgment in the general sessions jurisdictional limit of $25,000. The general session judge denied the hospital’s attempted confession of judgment and entered an order nonsuiting the matter. The next day, the plaintiff refiled the medical negligence suit in circuit court asserting $5,000,000.00 in damages. The hospital filed a motion for declaratory judgment combining it with the previously filed motion for summary judgment and/or partial summary judgment. The circuit court granted the hospital’s motion and certified entry as a final judgment under Rule 54.02, finding that the hospital “obtained a vested right to confess judgment which was paramount to the plaintiff’s right to nonsuit her case.”11 Regardless of the rather extensive course of the litigation, the court of appeals reversed the trial court’s finding based upon the fact that the plaintiff had sought dismissal of the case before the general sessions court entered an order on the asserted confession of judgment.12 The fulfillment of right to voluntary dismissal has been held to occur when even mere notice of voluntary dismissal

has been filed and properly received.13

Guiding Principles:

1. Proper notice of voluntary dismissal, counterclaim, and/or summary judgment is vital to your client’s case, for the plaintiff or the defendant. Fortunately, with the current trend in electronic filing, documentation of the exact sequence of either parties’ notice filings is now straightforward.

2. A court loses jurisdiction over any matter or filings filed after properly granting the plaintiff’s motion for voluntary dismissal.14

3. Prior notice filed with the court, even without the actual filing of a motion either for voluntary dismissal or summary judgment will be found to be paramount to the opposing parties’ actions. Notice is everything.

Do not jeopardize your client’s course of litigation by failing to give proper notice of either voluntary dismissal or the defendant’s remedy.

I hope this article is informative and will help avoid any of those “Oh Gosh” moments that all litigating attorneys have experienced, usually late at night.

TIM ISHII has been a solo practitioner concentrating on appellate practice since 1996. His other interests include international travel, DSLR and drone photography. He may be reached at 615-326-4191 or timishii@ timishiiattorney.com

Endnotes

1 Tenn. R. Civ. P. 41.01(1)

2 Church of God in Christ, Inc. v. L. M. Haley Ministries, Inc., 531 S.W.3d 146, 157 (Tenn 2017).

3 Robert E. Lee v. City of Shelbyville, Tennessee, et al. Additional Party Names: Bedford

Jurisdiction

(continued from page 9)

County. Listening Project, Stephanie Isaacs, No. M202200553COAR3CV, 2023 WL 2200729, at *9 (Tenn. CT. APP Feb. 24, 2023)

4 Id.; Tenn. R. Civ. P. 41.01(3).

5 Autin v. Goetz, 524 S.W.3d 617, 633–34 (Tenn. CT APP 2017).

6 T.R.C.P. 41.01(1)

7 Ross v. Grandberry, No. W2013-00671-COA-R3CV, 2014 WL 2475580, at *2 (Tenn. CT. APP May 30, 2014)

8 Blake v. Plus Mark, Inc., 952 S.W.2d 413, 416 (Tenn 1997).

9 Id.

10 Blake v. Plus Mark, Inc., 952 S.W.2d 413, 416 (Tenn 1997)

11 Ross v. Grandberry, No. W2013-00671-COAR3CV, 2014 WL 2475580, at *6 (Tenn. CT. APP May 30, 2014)

12 Id.

13 Ewan v. Hardison Law Firm, 465 S.W.3d 124, 130 (Tenn. CT. APP 2014)

14 Autin v. Goetz, 524 S.W.3d 617, 634 (Tenn. CT. APP 2017)

LAWYER REFERRAL & INFORMATION SERVICE

Are you looking for another avenue for revenue and referrals, specifically those tailored to your practice area? If so, the NBA Lawyer Referral & Information Service needs you. We are currently in need of attorneys who handle issues such as:

SSI

Employment Evictions

Immigration Workers’ Compensation

For information on joining the LRIS, contact LRIS@nashvillebar.org. We look forward to hearing from you!

THE EXCLUSIVE REFERRAL SERVICE FOR THE NBA

Editorial | Killer of the Dreamer

Mark Your Calendar

Apr 20 | NBA Diversity Committee + Napier-Looby Happy Hour

@ pH Craft Cocktails

Apr 28 | Law Day 2023

@ Renaissance Hotel

May 6 | NBF Fellows Gala

@ Loews Hotel

May 18 | NBA + NBF + ACC Golf Tournament

@ Hermitage Golf Course

May 25 | Spring Memorial Service

@ Downtown Presbyterian

May 31 | YLD Arts Immersion

@ The Bedford

June 10 | Family Zoo Day

@ Nashville Zoo at Grassmere

June 24 | Pride Parade with the NBA Diversity Committee

@ Downtown Nashville

August 18 | 25th Annual Carbolic Smoke Ball

@ Anzie Blue

October 21 | Race Judicata

@ Edwin Warner Park

(continued from page 8)

unethical, but might I assume that you would issue an injunction and stop the execution?” He paused again and softly said, “Yes.”

The lawyers in question believed that Judge Nixon would agree with our contentions if he would tour Unit 6 and see firsthand how incredibly inhumane it truly was. At that time, death row’s “Unit 6” was so horrible that my client was adamantly choosing electrocution over living there any longer. Ray, though not facing electrocution, was also being held on Unit 6. The warden feared that inmates in general population might kill him in order to achieve notoriety, as in revenge, or, in their minds, justice. Judge Nixon agreed. With the U.S. Marshall leading the way, the news media and a gaggle of lawyers in tow, including Dudley West, Larry Woods, Rich McGee, Bill Reddick, Will Campbell, and others, we toured the facility. As we entered Unit 6, Ray’s cell was the first on the left. He kept his back to us from his bunk. I later learned that Ray had told my client, “Don’t trust that damn Hardin. He used to be a prosecutor.”

The incredible, horrible conditions are detailed in Judge Nixon’s ruling, which resulted in Unit 6 being declared unconstitutional and subsequently shut down.5

In the end, Ray never said why he did it, nor did the D.A. or judge ask him about such facts. Ray may have thought that the killing would chill or stop the civil rights movement. Maybe he thought he could get Alabama Governor George Wallace elected president, spark a race war, or finally make himself a hero. Perhaps, in his mind, he would, finally and at last, be a winner.

Like most everyone in the world, I remembered Dr. King’s “I’ve Been to the Mountain” speech on April 3, 1968. The speech was the bright precursor to that terrible next day: Dr. King’s murder at the hands of Ray. I remember hearing gunshots being fired in response to Dr. King’s death by angry protestors from my Vanderbilt dorm room. The sound will

forever remain etched in my memory. Looking back, I imagine that Ray must have felt for a moment, amidst the chaos that he caused, that he had finally become the “winner” he wanted to be.

Today, countless bridges, parks, and roads are named in Dr. King’s honor. Each January, we honor him with countless events, parades, speeches, prayers, and sermons. Few, if any, have been more honored. Ray slew the Dreamer, but he could not kill his dreams. Just the opposite. Ray’s violent, hatefilled, racist murder of Dr. King immortalized Ray as the loser in his own story. Indeed, he forever solidified Dr. King’s dreams across the world, but at the heart-wrenching expense of a life too soon snuffed out. n

HAL HARDIN is a former NBA Board Member, US Attorney and Presiding Judge of the Nashville trial courts; and, he has received the trifecta of NBA honors - the Tune, Rutherford, and Norman Awards.

Endnotes

1 See e.g. NBA’s oral histories of Tom Shiver.

2 James Earl Ray v. Percy Foreman et al, 441 F.2d 1266 (6th Cir.1971).

3 The 1968 Select Committee on Assassins voiced their belief that the windowsill evidence was “inconclusive”; Report of the Select Committee on Assassinations Of the U.S. House of Representatives, Washington, D.C., United States Printing Office, Volume 1, 1-686. 1979.

4 Yes, that’s the way we cited statutes then.

5 Groseclose et al v. Warden Dutton et al, 609 F. Supp. 1432 (Mid. Tenn. 1985); Rehearing denied en banc November 3, 1987, Groseclose v. Dutton, 829 F.2d 581 (6th Cir. 1987).

Editorial | Killer of the Dreamer (continued from page 14)

A.I.-Enhanced Lawyering

The current buzz seems to be which jobs will and will not be replaced with AI “robots.” I recently heard the question posed: “Will AI replace lawyers?” The answer (for now)1 is, “No, AI will not replace lawyers, BUT AI-enhanced lawyers will replace non-AI-enhanced lawyers.” I think this statement is very likely to be true and, perhaps, it will be true sooner than many are ready for.

Artificial intelligence (AI) is the practice of getting machines to mimic human intelligence to perform tasks.2 Machine learning (ML) is a type of artificial intelligence that can “learn” from data patterns without human direction. AI technology has been around for more than a decade and has been a key functionality in many popular applications you likely use every day.3

Generative AI is a new breakthrough. Rather than using AI to observe and classify patterns in content, Generative AI uses deep learning algorithms that enable the machine to use existing content like text, audio files, or images to create new, plausible content on demand. An inflection point appears to have occurred recently with the release of several free (or low cost) tools using generative AI to create images (DALL-E, Midjourney), videos (Pictory), audio (Murf.ai) and human-like text (ChatGPT), among others. Microsoft and Google are accelerating the rollout of AI-enabled tools into their popular search engines and other office productivity software applications. If you haven’t already read Bill & Phil’s Gadget of the Month that explains a little bit about how ChatGPT works, flip to page 17 now and read that first, then come back.

Perhaps you’re curious about what you can do with these new

tools or you’re already using them. What are the risks associated with adopting generative AI into your practice? Do lawyers have an ethical obligation to utilize advanced technology to serve your clients competently?4 What policies should you, your firm or your company consider implementing to reduce risks and meet your obligations? I will attempt to explore these questions at a high level.

Common GPT Uses for Lawyers

Because of the conversational nature of ChatGPT, it can handle routine tasks such as developing initial drafts of letters, emails, speeches, policies, handbooks, FAQs, contract provisions, term sheet responses, training presentations, and other routine documents. It can also generate content within a requested word count or produce a text in a particular style of writing.

ChatGPT is also very good at editing text given it was trained on millions of documents. It can fix grammatical errors, provide more clarity and generally increase readability. Transcription and translation are also areas where ChatGPT can excel.

ChatGPT can be helpful to brainstorm new ideas or generate suggestions for further research. It is quite good at generating lists, coming up with questions, and checking your work for accuracy. ChatGPT can also be used to generate summaries of legal documents and cases, making the information more accessible and digestible for clients.

Many people are using ChatGPT in the same way that they

(continued on page 19)

ChatGPT | Bill Ramsey & Phillip Hampton

talking to a real person, giving them the feeling of having an actual conversation.

How does ChatGPT get its smarts? The technology has been “trained” by “reading” an incredible amount of data from the internet. ChatGPT has consumed knowledge from entire book repositories and even the data within the popular Wikipedia website. So, if you want to ask ChatGPT about any subject you can think of; chances are the AI will be able to carry on a human-like conversation with you on that subject.

sation window while they’re chatting away with it.

You don’t have to be a techie to have heard about a curious new technology called ChatGPT. We’ve been hearing about it for a while; and now it seems like everyone is talking about it. So, what it is? ChatGPT is a revolutionary artificial intelligence technology that has been redefining the way people interact with Artificial Intelligence (AI). The acronym GPT stands for “generative pre-trained transformer.” If you’re like us, that definition doesn’t tell you a whole lot. ChatGPT is best described by what it does. The technology offers a conversational experience that is unlike anything else, making it one of the most advanced AI technologies available on the market today.

At its core, ChatGPT uses natural language processing (NLP) to create human-like conversations. By utilizing NLP, ChatGPT can better understand and interact with users in a more natural and intuitive way. With this technology, users can ask questions and make statements as if they were

Beyond conversational capabilities, ChatGPT’s sophisticated algorithms are able to process complex tasks, such as understanding context or analyzing sentiment. This means that you can use the platform for things like customer service inquiries or product feedback surveys and get accurate results quickly. With ChatGPT’s automated capabilities, businesses can save time and money by eliminating the need for manual labor when dealing with customer queries or feedback forms.

ChatGPT also offers numerous customization options so that businesses can tailor their chatbot experience according to their needs. For example, users are able to customize their chatbot’s response style by adjusting its voice type or tone of speech. This allows companies to create bots that match their brand identity or better serve customers from different cultures or backgrounds. Furthermore, companies are also able to integrate other services into their chatbot so customers can access information such as news updates or social media posts straight from the bot’s conver -

Are there potential applications of this technology in the legal sector? You bet; not just potential applications but actual. A professor at the Minnesota University School of Law gave ChatGPT an exam that he had given to his class. ChatGPT passed the exam with a non-stellar C+; but, he/ she/it/AI did pass a law school exam! If that isn’t wild enough, a company named “DoNotPay” markets what they call the “world’s first robotlawyer” and received loads of press coverage over an attempt to use this technology to defend a man in court against a speeding ticket in California. The state bar stepped in and stopped this brazen attempt to utilize a robot lawyer in court; but with this revolutionary technology gaining acceptance, will AI lawyers become a real thing?

Right now, anyone can access ChatGPT for free via https://chat. openai.com. It is a very popular site with many people trying out this novel technology, so if the site is too busy when you try to access it, you can just try again at a later time. We took ChatGPT for a spin and tried to carry on a dialogue with the AI on a number of different topics. We were generally impressed. Were we fooled into thinking we were chatting with a human? No, but the human-like responses to our queries were very impressive. Just to give you an example, here is one question we posed to ChatGPT and the answer we were given:

Q: What are some recommended tech tools for attorneys?

(continued on page 30)

NBA is your source for cutting edge, quality continuing legal education. We provide more than 600 hours of live and distance learning programming while offering our members discounted rates. For a complete calendar, full seminar agendas, and registration, visit NashvilleBar.org/CLE.

MAY 1, 8, 15, & 22 | VIRTUAL SEMINAR NBA PROFESSIONAL DEVELOPMENT PRACTICE SERIES OVERVIEW

The NBA is devoted to helping you thrive personally and professionally! Join us for a Professional Development Practice series, where you will learn from experts on a variety of topics:

• Using nutrition to help you power up your practice

• Practical time management techniques and technology hacks to help you make the most of your time

• Turning your values into goals

• Understanding and coping with second-hand trauma as an attorney

These one-hour virtual lunchtime sessions are designed to help you thrive in both your personal and professional life. Sign up for the whole series and get a discounted series rate!

MAY 24 | VIRTUAL SEMINAR HOW TO MARKET YOURSELF IN A SATURATED ENVIRONMENT OVERVIEW

Marketing can be one of the most daunting tasks for solo and small firm attorneys. In this CLE, presenters will discuss how to effectively use digital advertising tools to market yourself in a saturated legal environment.

PRESENTERS

Suzie Consoli

CEO of Lawson House

Claire White

Owner of White Ink Calligraphy and TN Licensed Attorney

DETAILS

Seminar 12:00 – 1:00pm

1.0 General

Seminar 12:00 – 1:00pm

Credit 1.0 Dual CLE per Seminar

Location Virtual (Zoom)

Location Virtual (Zoom) COST

Attendance Only (No CLE)

might use Google or Wikipedia to check facts in documents that they are either producing or reviewing but it is important to be aware of its limitations – both in terms of query quality and scope of knowledge of the model.

Risks and Policy Considerations

Before adopting any new technology, it’s important to understand its limitations and risks. This short article can’t begin to unpack all the different risks, but I will attempt to highlight a few that may be particularly relevant to lawyers using GPT and other generative AI tools.

Quality control is a significant risk with ChatGPT and other generative AI models. The adage “garbage in, garbage out” has been used frequently in talking about the quality control issues with AI, and for good reason, whether because the training data contained all the bias, prejudice, inaccuracy ,and other unreliability that exists in internet content or because the model responds to the unique structure of the query given to it. It also has gaps in its knowledge about world events that occurred after 2021. As a result, the models can produce inaccurate, unreliable, or even unsettling results.5 Indeed, ChatGPT itself often issues warnings that it might generate incorrect information. These risks may be mitigated if the person reviewing the outputs can spot and correct these kinds of errors, but if the reviewer is not able to easily identify what is wrong with or missing from the response, or if there is no person reviewing it at all, then the quality control risks increase.

Common uses of generative AI models, including ChatGPT, also raise several complex and unsettled intellectual property issues. One risk is that content created by generative AI models may not be protectable by copyright in one or more jurisdictions because it is not authored by a human being. That is the current position of the United States Copyright Office, although the requirement for human authorship is under challenge. Another risk that AI generated content poses is that it may be deemed a derivative work of copyrighted materials used to train the model, particularly if such content looks substantially similar to the copyrighted training data. There is ongoing litigation around this topic as well.

Sharing confidential information or personal information of employees, customers, or vendors with OpenAI through ChatGPT can create contractual risks, privacy risks, and IP leakage risks. You may have restrictions, contractual, legal, or ethical, on your ability to share employees’, customers’, clients’, or vendors’ confidential information with third parties, including OpenAI through ChatGPT. To what extent should your contracts or privacy policies be updated to disclose or restrict such uses? To the extent that employees sub-

mit confidential or other trade secret information into ChatGPT for analysis, there is a risk that other users of the model may be able to pull that same data out, thereby compromising its confidentiality and potentially supporting an argument that such data was not the subject of reasonable steps to preserve its confidential status.

There may be reputational or consumer protection risks if using ChatGPT, or similar tools, when interacting with clients who are not aware they are interacting with a non-human or if they receive a document that was generated by ChatGPT without that being clearly disclosed.

There are ethical risks associated with using automated decision-making and generative AI in any area, but there are some unique ethical risks for lawyers using AI. Similar to the questions raised by the use of self-driving vehicles around how to assign fault and whom to insure, the use of AI in the legal profession raises questions about ethical accountability where decisions and guidance are provided by autonomous or generative systems. For now, the American Bar Association continues to place traditional ethical obligations on practitioners by interpreting existing rules in the context of the use of AI.6 Lawyers who rely too heavily on ChatGPT may risk committing legal malpractice by failing to exercise the requisite care and diligence required by ethics rules. Lawyers must understand their ethical obligations – on the one hand, in the careful use of AI and on the other, their potential obligations to use it for the benefit of their clients.

Other practical considerations, such as inconsistent availability, particularly when using the freely available version of tools such as ChatGPT,7 and the impact that using AI may have on a firm’s stated ESG commitments.8

Conclusion

The policies surrounding use of generative AI technology tend to highlight three categories: (1) uses that are prohibited (e.g., using ChatGPT or a similar model to check for mistakes in confidential documents); (2) uses that are permitted with authorization from some designated authority (e.g., generating code, so long as it is carefully reviewed by an expert before being implemented); and (3) uses that are generally permitted without any prior authorization (e.g., creating purely administrative internal information such as generating ideas for icebreakers for new hires or creating a schedule for a marketing campaign). In addition to written policies outlining appropriate and restricted uses of AI, training will be a critical component alerting lawyers and their employees to the reality that ChatGPT is not perfect and results from a query should still be (continued on page 22)

ADVERTISE IN THE

ADVERTISE IN THE

Nashville Bar Journal is the Nashville Bar Association’s official bi-monthly magazine—published exclusively for NBA members—that delivers relevant information to over 2,500 attorneys and legal professionals across the Nashville area. Published in both print and digital platforms, be sure cost-effective opportunity to target Nashville’s legal market and increase your company’s visibility!

ADVERTISE IN THE

Nashville Bar Journal is the Nashville Bar Association’s official bi-monthly magazine—published exclusively for NBA members—that delivers relevant information to over 2,500 attorneys and legal professionals across the Nashville area. Published in both print and digital platforms, be sure to take cost-effective opportunity to target Nashville’s legal market and increase your company’s visibility!

Nashville Bar Journal is the Nashville Bar Association’s official bi-monthly magazine—published exclusively for NBA members—that delivers relevant information to over 2,500 attorneys and legal professionals across the Nashville area. Published in both print and digital platforms, be sure to cost-effective opportunity to target Nashville’s legal market and increase your company’s visibility!

relevant

LEGISLATIVE COLUMN Capitol Notes |

Peggy Sue, the Beagle Hound

Medicine. Dr. Piercey also served as Commissioner of Health for Governor Bill Lee from 2019 to 2022. As you may recall, she was the state leader for much of Governor Lee’s response to the COVID-19 pandemic. After very little discussion, Dr. Piercey’s confirming resolution failed 6 to 12 on a roll call vote in the House Education Administration Committee on March 8, 2023.

As skittish as a cat in a dog pound.

A Curious Little Bill. Our friends with the Metropolitan Government of Nashville and Davidson County are reeling from the head shots and body blows coming from the State Capitol and are more than a little skittish. Many dogs halfway expected the Council downsizing bill to pass, particularly after the Council refused last year to bid on the 2024 Republican National Convention. Legislative battles among urban and rural areas are nothing new in the General Assembly. This year’s effort, however, led by the Republican leadership in both houses is aimed specifically at Nashville, and this has caused the other major urban areas to dive for cover. Some dogs mused that the Council downsizing legislation would satisfy the legislative leadership’s desires for Nashville blood, but other bills dealing with Nashville Airport Authority and the Nashville Sports Authority are progressing as well. The airport authority bill is SB 1326 by Paul Bailey of Sparta / HB 1176 by Johnny Garrett of Goodlettsville, and the sports authority bill is SB 1335 by Paul Bailey / HB 1197 by Ryan Williams of Cookeville. Both bills are moving through the legislative process and are expected to pass. The Metropolitan Government has filed suit

against the state seeking a declaratory judgment and a temporary injunction against the council downsizing statute.

A curious little bill dealing the Metropolitan Government is SB 1327 by Bailey of Sparta / HB 594 by Johnny Garrett of Goodlettsville. As amended, this bill makes the State Alcoholic Beverage Commission the sole regulatory authority over all matters of alcohol in Nashville’s Central Business Improvement District (CBID). In effect, this bill preempts any enforcement action by the Metro Beer Board over establishments in the CBID. The primary proponent of the legislation, since none of the sponsors lives in Nashville, is Tootsie’s Entertainment with the backing of owner Steve Smith. The Metropolitan Government and Mr. Smith have tangled many times before, but this is the first time that the venue is Capitol Hill.

Eating Their Own. Under Ten nessee law, the Governor appoints the board members to the state’s four-year universities, which includes East Ten nessee State University in Johnson City. The General Assembly must con firm those appointments. With House Joint Resolution 101, the Governor named Dr. Lisa Piercey, who received her medical degree and did her res idency at ETSU’s Quillen College of

Expected Adjournment Date: The General Assembly finishes its work when it finishes its work without a hard stop date. Many dogs expect all the dogs to be called in and the fire put out on this year’s session by the end of April.

Calendar Notes.

State and NBA offices will be closed on Friday, April 7, 2023, for the Good Friday Holiday.

The most important election is the next one, and eyes will turn to the August 3, 2023, Nashville election for Mayor, Vice-Mayor, and the 40, or perhaps 20, Metropolitan Council positions.

The qualifying deadline for the August 3 election is noon on Thursday, May 18, 2023. n

(continued from page 19)

verified using traditional means.

It is crucial for lawyers to keep themselves informed and educated about the developments in AI, so they are aware of the new tools, new ways of working, and new risks and opportunities they bring. Whether you are a solo practitioner or a member of a firm you must think critically about how to incorporate these tools responsibly, understand what their limits are, and identify where to set the boundaries.

TRACY KANE is the Chief Administrative and Legal Officer at Endeavor Business Media. She also responsible for the organizational health, HR and DEI (Diversity, Equity and Inclusion) functions across the business.

Endnotes

1 DoNotPay developed an AI model to represent individuals in traffic court, but pulled back on the effort after complaints from several legal organizations, including the California state bar, who stopped the effort for now. See NPR.org

2 The foundational building blocks of machine learning and artificial intelligence started with classical statistical techniques developed between the 18th and 20th centuries for small data sets. In the 1930s and 1940s, the pioneers of computing—including theoretical mathematician Alan Turing—began working on the basic techniques for machine learning. It wasn’t until the 1970s, however, when scientists first built computers powerful enough to take machine learning from theoretical to practical applications.

3 Common AI applications include natural language searches and processing (i.e., Google, auto-correct), map navigation, digital smart assistants like Siri and Alexa, facial recognition software, website chatbots, and self-driving automobile technology among others.

4 Arguable, they do. RPC 1.1 Competence, provides: “A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.” Tenn. R. Sup. Ct. 1.1. Note 8 to RPC 1.1 explains that, “[8] To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education, and comply with all continuing legal education requirements to which the lawyer is subject.” (Emphasis added).

5 See, e.g., the experience of this science and technology journalist’s with popular avatar generator AI tool, Lensa, How it feels to be sexually objectified by an AI (mailchi. mp) or this New York Times reporter’s unsettling experience with Bing’s Chatbot, Why a Conversation With Bing’s Chatbot Left Me Deeply Unsettled - The New York Times (nytimes.com).

6 See, e.g., Resolution 112 passed by the ABA House of Delegates in 2019, which states: “RESOLVED, that the American Bar Association urges courts and lawyers to address the emerging ethical and legal issues related to the usage of artificial

intelligence (“AI”) in the practice of law including: (1) bias, explainability, and transparency of automated decisions made by AI; (2) ethical beneficial usage of AI; and (3) controls and oversight of AI and the vendors that provide AI.” See also, ABA-TacklesAI-and-Ethics-1.pdf (senseient.com)

7 Currently, OpenAI limits the number of times a user or client can access the server within a specified period of time and if too many requests are made by all users at a given time, access to the tool will be temporarily reduced or suspended.

8 The exact amount of carbon emissions generated by ChatGPT and other AI models is not fully known, but their use likely contributes to increased carbon footprint of the data centers where the AI models run and the significant amount of electricity used to power those centers. Biases in the training models and their impact on automated decisions may negatively impact a firm’s diversity or anti-discrimination efforts depending on the use. In addition to adopting new policies, what new governance frameworks are required when a firm adopts AI into its workstreams? What additional responsibilities does its governing body have to stay informed about and check compliance with approved uses of AI?

BACKGROUND CHECK Bart Pickett | Abby Sparks

(continued from page 11)

to 5 of the 7 Modern Wonders of the World so far – and he hopes to make it to all 7.

Bart lives in the Sylvan Park neighborhood with his boxer, Ruby. He is active in boxer rescue – over the last 10 years he has fostered more than 30 boxers! During COVID, he bought a 1911 house in Huntingdon, and also enjoys spending time working on the house. n

ABBY SPARKS Abby Sparks is the Executive Director of the Nashville Bar Association, Mom in Chief of the Sparks family, and Rescue Dog Matchmaker (if you’re looking for a new fourlegged friend, she will happily help you find the perfect match!)

bar BITES | Laura Smith, NES

BEEF FLAUTAS WITH LIME CREMA AND FRESH PICO

Kitchen Notes

When the weather warms, I can’t wait to use home-grown fresh tomatoes and herbs in recipes. And I think the freshness of the pico really makes this dish. I hope you enjoy it!

Ingredients

1 pound, Ground Beef

Directions

Dice tomato. Chop cilantro. Zest lime. Slice onion thinly; chop some of the sliced onion (1/3 to 1/2 cup total).

In a small bowl, mix diced tomato, chopped onion, half of the lime zest, chopped cilantro (to taste). Squeeze in juice from 1/2 lime. Season with salt. Set aside.

In a second small bowl, mix sour cream with remaining lime zest and juice from half lime. Season with salt. Add a tiny bit of water, if needed, to reach a thin, drizzling consistency. Set aside.

12 Flour Tortillas, 6-inch

2 Roma Tomatoes

Onion

1 cup, Shredded Cheese (Cheddar or Mexican Blend)

1 Fresh Lime

4 Tbsp. Sour Cream

4 Tbsp. Tomato Paste

2 Tbsp. (canned) Chipotle Peppers in Adobe Sauce, Chopped

2 tsp. Chili Powder

1 ½ tsp. Garlic Powder

1 tsp. Ground Cumin

Fresh Cilantro

Salt and Pepper

Vegetable Oil

Sautee sliced onion in a drizzle of oil. Add ground beef and brown. Turn heat to low and add tomato paste, chopped chipotle peppers, chili powder, garlic powder, cumin, and a half cup of water. Cook until thoroughly combined and thickened.

Brush tortillas with oil to coat. One by one, place a heaping spoonful of meat mixture on one side of a tortilla, top with a healthy pinch of shredded cheese, and roll. Place each tortilla, seam side down, on a baking sheet. Bake 10-12 minutes in a preheated 425 degree oven (until golden brown).

To serve, place flautas on a plate, top with pico, crema, and remaining cilantro.

YLD Mock Trial | February 2023

VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

YLD Mock Trial | February 2023

VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

Immigration Law Committee Happy Hour | March 2023

Health Law Committee Happy Hour | March 2023

HONORS & AWARDS

Johnson Laney , associate attorney at Wiseman Ashworth Trauger, is now certified as a Healthcare Ethics Consultant by the HCEC Certification Commission. Certification recognizes experience and specialized knowledge in Health Law, Moral Reasoning, Healthcare Systems, and applying these ideas to the clinical context. The HCEC Certification Commission is a body created and funded by the American Society for Bioethics and Humanities.

Bradley Arant Boult Cummings LLP is pleased to announce that Benjamin Perry , an attorney in the firm’s Nashville office, has earned the Certified Information Privacy Professional – Europe (CIPP/E) credential through the International Association of Privacy Professionals (IAPP). Perry is an associate in Bradley’s Banking and Financial Services Practice Group, where he represents clients across various industries on both regulatory compliance and litigation matters.

North, Pursell & Ramos attorney J. Eric Miles was inducted as a Fellow of the American College of Trial Lawyers on February 25th, during its Spring Meeting in Key Biscayne, Florida. The American College of Trial Lawyers is composed of preeminent members of the trial bar from the United States and Canada.

Honors & Awards, On the Move, Firm News

Bradley Arant Boult Cummings LLP is pleased to announce that Alé Dalton has been named to the Hispanic National Bar Association’s (HNBA) 2023 “Top Lawyers Under 40” list. Dalton is an associate in Bradley’s Healthcare Practice Group where she provides strategic counsel to clients during mergers and acquisitions, guiding them through issues arising from the complex nature of operating in a highly regulated industry. She was instrumental in helping establish the Nashville Hispanic Bar Association and has worked with organizations to support the advancement of Hispanic families and students in the Nashville area.

ON THE MOVE

North, Pursell and Ramos is pleased to announce that Brigham Dixson was elected to become a member of the firm, effective January 1, 2023. Dixson is a 2014 graduate of Vanderbilt University Law School, and joined North, Pursell and Ramos in 2017. He is licensed in Tennessee, Kentucky, and Arkansas, and focuses his practice on civil litigation, including the defense of health care providers.

Cornelius & Collins, LLP is pleased to announce the addition of its newest associate attorney, Victoria L. Rohloff . Her practice will be concentrated in general civil litigation. Ms. Rohloff is a graduate of Texas Tech University School of Law and the

University of Central Florida. She is admitted to practice before all state courts in Tennessee and the U.S. District Court for the Middle District of Tennessee.

FIRM NEWS

Bradley Arant Boult Cummings LLP is pleased to announce that 6 of the firm’s Nashville attorneys have been elevated to partner, effective Jan. 1, 2023. The new partners are Caleb L. Barron , Connor M. Blair , Kimberly M. Ingram-Hogan , Kristina Allen Reliford , Lauren P. Schick , and Brooke Baird Smith Barron provides advice on a broad range of employee benefits and executive compensation matters for privately held companies, churches, universities and government entities. He also prepares governing documents for retirement, deferred compensation, and welfare plans. Blair litigates complex business, construction, and intellectual property disputes, as well as constitutional law. He represents clients at the trial level in business and construction disputes involving a wide variety of issues and has successfully disposed of cases at the responsive

Hearsay | Honors & Awards, On the Move, Firm News

pleading and summary judgement stages. Ingram-Hogan’s practice focuses on complex business litigation, class or mass action defense, and appeals in state and federal courts, providing her clients with high-quality advocacy and strategic solutions. She has experience in intellectual property, competitive practices, ERISA, False Claims Act, product liability, business tort and breach of contract disputes. A member of Bradley’s Litigation Practice Group, Reliford focuses her practice on non-compete litigation, securities and government investigations, and complex business disputes. She has experience assisting U.S. and international companies across a variety of industries in developing practical solutions to resolve disputes as quickly and efficiently as possible. Schick regularly negotiates and drafts commercial leases for retail, healthcare, office and industrial projects on a national basis. She represents both landlords and tenants and is well versed in handling complex leasing matters. Smith is a member of Bradley’s Real Estate Practice Group and counsels clients in real estate finance, real estate acquisitions and dispositions, real estate development and healthcare lending. She represents numerous life insurance companies, as well as regional and local banks and corporate clients, in a variety of commercial and real estate lending matters secured by real property.

Ogletree Deakins, one of the largest labor and employment law firms representing management, is pleased to announce that the firm’s equity shareholders have voted Liz Washko as the firm’s Managing Shareholder-Elect. Washko will assume the role

of Managing Shareholder following the firm’s next Shareholders Meeting in January 2024, succeeding Matt Keen, who has served in the role since 2016. She will be the firm’s sixth Managing Shareholder and the first woman to serve in the role.

As an expansion of the firm’s highly re garded criminal defense service, Lewis Thomason is launching a statewide government investigations practice group. Included in this group, which offers more than 50 years of combined experience, are members Jim Weatherly , John Manson , and Miles McDowell . These highly capable attorneys have been involved in the representation of clients in state investigation and litigation regarding alleged consumer protection act violations, both State and Federal investigations for alleged violations of environmental protection laws, federal investigation of a Ponzi scheme by an automobile dealer, and federal civil investigations of physicians for alleged improper billing practices. Additionally, they have represented individuals criminally charged with Social Security fraud and Medicare fraud, individuals charged with money laundering and wire fraud, those federally charged with violations of the federal Racketeer Influenced and Corrupt Organizations Act (RICO), and individuals and businesses charged with theft of property stemming from Tennessee sales and use tax fraud.

Gullett Sanford Robinson & Martin PLLC

attorney Ginna Winfree Burrell has been elected to member level in the firm. Ginna is a member of the firm’s Alcoholic Beverage Law section. She counsels clients on the full spectrum of alcoholic beverage law disciplines, including state and federal liquor license requirements; regulatory, entitlement and enforcement matters; and temporary and emergency suspension hearings. Ginna is also involved in probation and consent order violations, disciplinary orders and appeals. In addition, she works productively with the TABC regarding citations, enforcement matters, administrative hearings and other court actions pertaining to alcoholic beverage-related ordinances, statutes and regulations.

Holland & Knight and Waller Lansden Dortch & Davis have completed their combination, effective as of March 1. As a result of the combination, Holland & Knight will have nearly 2,000 attorneys in 35 offices across the United States and internationally. It also becomes one of the largest law firms in the state of Tennesse, with Waller having attorneys with offices in Nashville and Chattanooga. n

Editor’s Note

In the February/March 2023 issue of the Nashville Bar Journal, an article gave an overview of the awards given at the 2022 Annual Meeting & Banquet. This article only listed Emeritus Award recipients who were present at the Annual Meeting & Banquet to receive their awards. It did not recognize all NBA members reaching Emeritus status.

BILL & PHIL’S GADGET OF THE MONTH

ChatGPT | Bill Ramsey & Phillip Hampton (continued from page 17)

DocuSign or Adobe Sign.

7. Secure file sharing and storage services such as Dropbox or Google Drive.

8. Case management software like Needles or LawLogix.

ChatGPT:

1. Legal research tools such as LexisNexis, Westlaw, or Fastcase.

2. Document management and organization software like Clio or PracticePanther.

3. Time tracking and billing software like Toggl or FreshBooks.

4. Email and calendaring tools such as Microsoft Outlook or Google Workspace.

5. Virtual meeting and collaboration tools like Zoom or Microsoft Teams.

6. Electronic signature software like

We were duly impressed. ChatGPT gave a competent answer instantaneously. So, we went a bit further and illustrated how ChatGPT may even be wiser than us.

We were testing out this site right at the end of the NFL regular season, and our beloved home town team, the Titans, had completely squandered a golden playoff opportunity by losing their last seven games to miss the playoffs. We were still feeling the sting of that failure when we posed the loaded question to ChatGPT:

Q: Why do the Tennessee Titans suck?

ChatGPT: As an AI language model, I don’t have personal opinions or emotions, but it’s not accurate to say a team “sucks” based on one season or a few games. Performance can vary in sports due to a variety of factors such as injuries, roster changes, coaching, and competition. It’s important to evaluate a team’s performance objectively and consider the context.

Totally devoid of the passion that inflamed our question, ChatGPT calmly gave a wise answer and put us in our place. If nothing else, maybe ChatGPT can help us all look at the world more rationally. Nonetheless, we don’t think we have nearly heard the end of this technology and its impact on society.

- Bill & Phil n

RESERVE OUR FACILITIES

The NBA offers its conference rooms to be used for arbitrations, mediations, meetings, depositions, and other events for attorneys who need a convenient place to meet in downtown Nashville.

We have a spacious Conference Center and a smaller Board Room—both of which have WiFi access, a computer, and phone—available for your use. For more information, contact Vicki.Shoulders@nashvillebar.org or visit NashvilleBar.org/ReserveOurFacilities

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

Gail Ashworth

Laura Baker

Dan Berexa

Mark Beveridge

Hon. Joe Binkley

Hon. Melissa Blackburn

Charles Bone

Dewey Branstetter

Hon. Joe B. Brown

Kenny Byrd

Chris Cardwell

Loy Carney

Mark Chalos

Will Cheek

Jeff Cherry

Daniel Clayton

Seth Cline

Todd Cole

Chris Coleman

Grover Collins

John Day

Joy Day

Jackie Dixon

Sherie Edwards

Mandy Floyd Lora Fox

Elizabeth Foy

Keith Frazier

Dave Garrison

Andy Goldstein

John Griffin

Bill Harbison

Aubrey Harwell

Trey Harwell

Paz Haynes

Lisa Helton

Paul Housch

Joseph Hubbard

Jan Jennings

Andrew Kaufman

Jordan Keller

Chris Kelly

John Kitch

Bill Koch

Irwin Kuhn

Ed Lanquist

Tom Lawless

Wendy Longmire

Kim Looney

Christina Lopez

Hon. Randal Mashburn

Sam McAllester

Hon. Amanda McClendon

Hon. Carol McCoy

Bob Mendes

Margaret Moore

Hon. Pat Moskal

Paul Ney

Andrew Noell

David Parsons

Greg Pease

Andrea Perry

Tracy Powell

Ben Raybin

David Raybin

Nathan Ridley

Worrick Robinson

Chris Sabis

Marie Scott

Joe Shelton

Kimberly Silvus

Martin Sir

Liz Sitgreaves

Eric Smith

Laura Smith

Saul Solomon

Mike Stewart

Gerard Stranch

Jim Stranch

Chris Tardio

Hon. Jim Todd

Hon. Aleta Trauger

Howard Vogel

Michael Wall

Tim Warnock

Liz Washko

Jim Weatherly

Carolyn Wenzel

Tom White

Tom Wiseman

Talley Wood

Ed Yarbrough

Bill Young

Stephen Young

Gulam Zade

Stephen Zralek

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!

Adams and Reese, LLP

Anderson & Reynolds, PLC

Baker Donelson

Bradley

Brewer, Krause, Brooks & Chastain, PLLC

Butler Snow, LLP

Cole Law Group, P.C.

Constangy, Brooks, Smith & Prophete, LLP

Cornelius & Collins, LLP

Dickinson Wright, PLLC

Dodson Parker Behm & Capparella, PC

Equitable Trust Company

Evans, Jones & Reynolds, PC

Farris Bobango, PLC

Fisher & Phillips LLP

Frazer PLC

Grissim & Hodges

Gullett, Sanford, Robinson & Martin, PLLC

Hall Booth Smith, PC

Healthcare Realty Trust, Inc.

Herzfeld, Suetholz, Gastel, Leniski, and Wall

Kinnard Law

Klein Solomon Mills, PLLC Latitude

Law Offices of John Day, PC

Legal Aid Society of Middle TN

Leitner, Williams, Dooley & Napolitan, PLLC

Lewis Thomason, P.C.

Lieff, Cabraser, Heimann & Bernstein, LLP

Lindsey Amonette Nemer + Glassford PLLC

Martin Heller Potempa & Sheppard, PLLC

May & McKinney, PLLC

McCarter & Beauchamp, PLLC

McCracken - Kuhn, PLLC

Meridian Law, PLLC

Morgan & Akins, PLLC

Nashville Electric Service

Neal & Harwell, PLC

Nelson, Mullins, Riley & Scarborough, LLP

North, Pursell & Ramos, PLC

Ogletree, Deakins, Nash, Smoak & Stewart, PC

Ortale Kelley Law Firm

Parker, Lawrence, Cantrell & Smith

Raybin & Weissman, PC

Reno & Cavanaugh, PLLC

Riley & Jacobson, PLC

Rogers, Shea, Spanos

Rudy Winstead Turner PLLC

Shackelford, Bowen, McKinley & Norton, LLP

Sims|Funk, PLC

Smith Cashion & Orr, PLC

Smythe Huff & Murphy, PC

Southern Environmental Law Center

Spicer Rudstrom, PLLC

Starnes Davis Florie, LLP

Stites & Harbison, PLLC

Stranch, Jennings & Garvey, PLLC

Sutherland & Belk, PLC

Swafford Law

Taylor, Pigue, Marchetti & Blair, PLLC

Tennessee Innocence Project

The Blair Law Firm

Watkins & McNeilly, PLLC

Wiseman | Ashworth | Trauger

Holton & Mayberry, PC

Kay Griffin, PLLC

Keller, Turner, Andrews & Ghanem, PLLC

Patterson Intellectual Property Law, PC

Pepper Law, PLC

Rainey, Kizer, Reviere & Bell PLC

Wood Stabell Law Group

Wyatt, Tarrant & Combs, LLP

I’m not sure why I waited so long to get it set up.

Put your clients on the path to peace of mind with a referral to Takacs McGinnis Elder Care Law.

A well-funded portfolio doesn’t guarantee that the assets your clients worked so hard to accumulate won’t be decimated by the high cost of long-term care.

Takacs McGinnis Elder Care Law can help them answer questions about asset protection that estate plans don’t address.

For more than 30 years, our team of estate planning and elder care law attorneys have been helping older adults create proactive plans to pay for care while preserving family assets to the greatest extent possible.

We can help your clients, too. Give us a call today.