Nashville Bar Journal | November 2011

Nashville Bar Journal November 2011 - VOL 11, NO. 10

O Yes You Caen!

NBA Members travel to France

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The Intersection of Civility and Professionalism Kent M. Weeks

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NBA Board of Directors Nominees

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Annual Meeting & Banquet Registration

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At the end of the day...

Who’s Really Watching Your Firm’s 401(k)?

And, what is it costing you?

• Does your firm’s 401(k) include professional investment fiduciary services?

• Is your firm’s 401(k) subject to quarterly reviews by an independent board of directors?

• Does your firm’s 401(k) feature no out-of-pocket fees?

If you answered no to any of these questions, contact the ABA Retirement Funds Program to learn how to keep a close watch over your 401(k).

Phone: (800) 826-8901 email: contactus@abaretirement.com Web: www.abaretirement.com

Who’s Watching Your Firm’s 401(k)?

The American Bar Association Members/Northern Trust Collective Trust (the “Collective Trust”) has filed a registration statement (including the prospectus therein (the “Prospectus”)) with the Securities and Exchange Commission for the offering of Units representing pro rata beneficial interests in the collective investment funds established under the Collective Trust. The Collective Trust is a retirement program sponsored by the ABA Retirement Funds in which lawyers and law firms who are members or associates of the American Bar Association, most state and local bar associations and their employees and employees of certain organizations related to the practice of law are eligible to participate. Copies of the Prospectus may be obtained by calling (800) 826-8901, by visiting the Web site of the ABA Retirement Funds Program at www.abaretirement.com or by writing to ABA Retirement Funds, P.O. Box 5142, Boston, MA 02206-5142. This communication shall not constitute an offer to sell or the solicitation of an offer to buy, or a request of the recipient to indicate an interest in, Units of the Collective Trust, and is not a recommendation with respect to any of the collective investment funds established under the Collective Trust. Nor shall there be any sale of the Units of the Collective Trust in any state or other jurisdiction in which such offer, solicitation or sale would be unlawful prior to the registration or qualification under the securities laws of any such state or other jurisdiction. The Program is available through the Nashville Bar Association as a member benefit. However, this does not constitute an offer to purchase, and is in no way a recommendation with respect to, any security that is available through the Program.

ANNUAL MEETING & BANQUET DECEMBER 8, 2011 WILDHORSE SALOON A reception for the general membership is set to begin at 5:30 p.m., with dinner and the program to begin at 7:00 p.m.

The passing of the gavel from President Bob Mendes to President-Elect John Kitch, introduction of the NBA officers for 2012, and award presentations are just a few of the events on the agenda for the evening.

REGISTRATION FORM IS AVAILABLE ON PAGE 21 OR REGISTER ONLINE AT WWW.NASHVILLEBAR.ORG

WE HOPE TO SEE ALL NBA MEMBERS THERE!

Nashville Bar Journal A Monthly Publication of the Nashville Bar Association

www.nashvillebar.org

The Intersection of Civility and Professionalism

PAGE 6

Kent M. Weeks

November 5 Nashville Bar Foundation Fellows Dinner

Riders Art Reception @ Downtown Public Library

6:00 pm Cocktails & Silent Auction 7:00 pm Dinner & Program

November 18 - 12:00 pm NBA CLE in Conference Center

November 8 - 3:00 pm Swearing In Ceremony @ Birch Building

November 24 & 25 NBA Offices Closed

O Yes You Caen!

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November 11 - 11:30 am Environmental Committee Meeting

Chancellor Carol McCoy

November 16 - 12:00 pm NBA CLE in Conference Center November 16 - 12:00 pm Ethics Committee Meeting

FROM THE PRESIDENT What I Have Learned...

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Bob Mendes, MGLAW, PLLC

_______________________________________________ 4 Communiqué • Justice Birch Tribute/Freedom Riders Art Reception • Memorial Service • ADR Mixer • Step Up to the Plate • Retirement Reception for Judge Paine • Golden Oldies • Upcoming Events

_________________________________________________________ 10 2012 NBA Board Nominees _________________________________________________________ 12 Bill & Phil’s Gadget of the Month: Going to Trial with Technology Bill Ramsey, Neal & Harwell, PLC Phillip Hampton, LogicForce Consulting _________________________________________________________ CLE Information - Center Section _________________________________________________________ 14 InCamera Profile: Judge Mark Fishburn

November 17 - 12:00 pm Government Lawyers Committee Meeting November 17 - 11:00 am Memorial Service @ Downtown Presbyterian Church

November 28 - 5:00 pm Nominating Committee Meeting November 29 - 9:30 am Finance Committee Meeting @ MGLAW November 29 - 10:30 am Executive Committee Meeting @ MGLAW November 30 - 12:00 pm NBF Trustee Meeting December 8 - 5:30 pm NBA Annual Meeting & Banquet @ Wildhorse

November 17 - 5:30 pm Justice Birch Tribute/Freedom

View Full Calendar online at www.nashvillebar.org

-Golden Oldies-

Bart Pickett _________________________________________________________ 15 PRO BONO PROFILE: Stephen C. Baker Victoria Webb _________________________________________________________ 21 ANNUAL MEETING & BANQUET REGISTRATION _________________________________________________________ 22 Disclosure - Announcements • Kudos • People on the Move • Firm News • In Memory _________________________________________________________ 24 Classified Listings _________________________________________________________

----------------------------------------------------------------------------------------------Identify the individuals in the photo. Be the first to email the correct answer to nikki.gray@nashvillebar.org and your name (along with your correct entry) will appear in next month’s issue.

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Nashville Bar Journal A Monthly Publication of the Nashville Bar Association

www.nashvillebar.org

Robert Mendes, Publisher William T. Ramsey, Editor-in-Chief ramseywt@nealharwell.com

Eleanor Wetzel, Managing Editor

FROM THE PRESIDENT

by Bob Mendes

What I Have Learned…

eleanorwetzel@jis.nashville.org

Journal Staff: Nikki Gray, Director of Communications nikki.gray@nashvillebar.org

Tina Ashford, Communications Coordinator tina.ashford@nashvillebar.org

Editorial Committee: Kelly L. Frey Nanette Gould Marge Haines Kathleen Pohlid Tim Ishii Tracy Kane Rhett Parrish Bill Ramsey Stephanie Reevers Eleanor Wetzel

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

POSTMASTER: Send address corrections to Nashville Bar Journal, 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219 No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. The Nashville Bar Journal is not responsible for the return or loss of unsolicited manuscripts or for any damage or other injury to unsolicited manuscripts or artwork.

All Articles and Letters contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association.

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

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Nashville Bar Journal - November 2011

For my last column as NBA President, I am going to provide a brief report of what I have learned from my four years on the Board, this last year as President.

The bottom line is that I have gotten a lot more out of being President of the Nashville Bar Association than I could possibly have put into it. It is my honor to share thoughts about what I have learned along the way.

• Our motto is perfect: "Improving the Practice of Law through Education, Service, and Fellowship." All great organizations can articulate simply their essential purpose for existing. The NBA's stated raison d'être is a guidepost that informs big picture strategy and day-to-day operations.

As dues paying members, we can all be encouraged that the professional and volunteer leadership of the NBA has a relevant goal that guides the organization.

• The NBA has been and remains a living, breathing, evolving organization. In a column earlier this year, I recounted an historic example of our evolution – the January 1966 resolution to allow African-American lawyers to become members of the Association. This year, our move to the new space with a state-of-the-art conference facility provides more evidence of growing with the times. In today's fast-paced society, the NBA needs to remain committed to reinventing itself to best serve the needs of all of its members.

• One of the NBA's key roles is to be a familiar landmark for the community. In times of need (e.g., the occasional great flood or the everyday legal needs of the poor), or when the public just needs information (e.g., judicial recommendations), people turn to the NBA. Without the NBA, in the face of these needs, there would be a vacuum. One of the obligations of our profession is to ensure that the NBA can perform these tasks for the community.

• The NBA is also the "keeper of the culture" for our legal community.

The goal is for the NBA to be a sort of professional home for our lawyers.

We start careers off with our annual swearing-in ceremony for new lawyers. We provide mentoring, CLE, and leadership opportunities for lawyers during their careers. Our Historical Committee gathers a significant amount of documents and information about our members' contributions to the law and the broader community. We mourn the passing of our lawyers at the annual memorial service. Keeping the local legal culture is another area where the NBA is uniquely qualified for its role.

• There are challenges ahead on all fronts – education, service and fellowship. With education, for example, there are two concerns. On the one hand, commercial competition for CLE revenue has never been greater, so having the NBA earn a living in the marketplace is as difficult as ever.

On the other hand, with so many law school graduates and a weak job market still, training and mentoring have never been more important. It will take a commitment by the entire profession to be able to continue to provide new lawyers with an appropriate skill set.

• There are challenges regarding the goal of fellowship also. Our world continues to get more fragmented. With the news media, there used to be three networks. Now, you can get news from as many sources as

you can imagine. With law organizations, there is the same phenomenon.

Also, with modern communications, you can work through an entire case or transaction and never actually meet the lawyer on the other side (whether the person is across the street or across the country). The NBA will need to work hard to remain relevant; to provide a set of services that matter to our lawyers.

What I have learned is that the NBA is a unique product. I think it is like the historic Courthouse. Yes, all of the history, old war stories, careers that have started, and people who have died are fascinating. But that's not enough to keep the Metro Courthouse alive and evolving. It is the continued commitment to both honor the past and build for the future that makes the Metro Courthouse a successful, revered part of our city.

The same applies to the NBA. It is a landmark institution in our community that continues to find ways to evolve and thrive. Neither the city nor the profession would be the same without the NBA. I encourage each of you to find some component of what the NBA is – honoring the past, serving the public, educating ourselves, or reinventing for the future, and choose to add your unique efforts to the mix.

Thanks for allowing me the privilege to be at the helm for 2011. n

2011 NBA BOARD OF DIRECTORS Robert J. Mendes, President John D. Kitch, President-Elect Barbara J. Perutelli, First Vice President John J. Griffin Jr., Second Vice President Alisa C. Peters, Secretary William Robert Pope, Treasurer M. Bernadette Welch, Assistant Treasurer Gareth Aden, General Counsel Rebecca C. Blair Robert E. Boston C. Dawn Deaner Charles K. Grant Barbara D. Holmes Michele M. Johnson Hon. Randy Kennedy Patricia Moskal Tracy Shaw Tom Sherrard Hon. Marietta Shipley Emily A. Shouse Michael D. Sontag John R. Tarpley Mandy Haynes Young

Got an Idea for an NBJ Article?

We want to hear about the topics and issues readers think should be covered in the magazine.

Send it to nikki.gray@nashvillebar.org

Nashville Bar Journal - November 2011

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communiqué

NBA NEWS n COMMITTEE INFORMATION

NBA Annual Memorial Service The Nashville Bar Association's annual Memorial Service will be conducting its 102nd service on Thursday, November 17, 2011 at the Downtown Presbyterian Church. The service begins at 11:00 a.m. There will be a reception immediately following the service in the church's Fellowship Hall.

A project of the NBA's Historical Committee, the Memorial Service honors the memory of those Nashville lawyers and judges who passed away during the preceding 12-month period.

Memorial resolutions, recounting the lives and legal careers of the deceased individuals, are prepared and then read at the service by friends and colleagues of the bench and bar.

Family members and friends of the deceased are invited to attend.

Attorneys to be HONORED: Alfred Abbey Justice Adolpho A. Birch, Jr. Paige (Robin) Dixon Jr. Mike Franks Gail Greenfield James Havron William F. Howard Jack Kershaw Harold Levinson Michael Moore John Michael Morgan James Neal Robert Puryear, III John Roberts Thomas Schlater, III Philippa Thompson Fran Wallas Sonny West Larry Wilks Stephanie Zembar

Our Annual Memorial Service will be held on Nov. 17, 2011, at 11:00 am at the Downtown Presbyterian Church. Please join us as we honor all of our attorneys who have passed away during the course of the year.

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SPECIAL EVENTS

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NBA NEWS n COMMITTEE IN

Justice Birch Tribute/ Freedom Riders Art Reception The Nashville Bar Association and Napier-Looby Bar Association will be co-hosting an event at the downtown public library on November 17, 2011 to both honor Justice Birch and to celebrate the current Freedom Riders art exhibit at the library.

The Justice Birch tribute will begin at 5:30 p.m. and will have several speakers including Chancellor Perkins and Nancy Vincent. The library will be playing his oral history and displaying the images from their special collections archives.

An art reception will follow the tribute, commencing at 6:15. The Nashville Library is flying in artist Charlotta Janssen from New York for this special event. She will be available to speak about her work as well as sign prints. Several of the original freedom riders depicted in the portraits will also be in attendance to share their stories and will be available for photographs with guests next to their portraits.

The exhibit, Threads of a Story: History Inspiring Art, displays heroic portraits of courage from mug shots (normally a sign of shame and criminality) of Freedom Riders arrested in the spring and summer of 1961. Standing up against the injustice of segregation and institutionalized racism, that moment in 1961 there was no way of knowing what prison in Mississippi had in store, so these portraits are about facing an oppressive system with nonviolence and a deep mix of emotions, each in their own way: fear, joy, anger and innocence. After the artist met many of the Freedom Riders and activists who planned this out and hearing details of their stories and the dangers they faced, she was moved to retell them through oil, acrylic, rust and collage, to take the observer back into that moment. "These are extraordinary humans who didn’t stand by idle. Freedom Rides are a miracle to me that we all need to know about and build on what they started: the beloved community."

The Art & How You Can Help Please consider sponsoring the exhibit so that it may travel to other cites where funding is limited. To facilitate packing, storing and transporting this show as well as inviting Freedom Riders to share their experiences in other cities your generous donations and/or sponsorship will be much appreciated. Please contact the artist at charlottajanssen@gmail. com. Donors will be recognized at the event.

1) Beloved Community Builder 2.0 (all aboard, ready to go) $100 — $149 2) Freedom Hearted & Non Violent (shed your skin) $150 — $499 3) Morgan v. Virginia (1946) $500 — $999 4) Boynton v. Virginia (1960) $1,000 — $2,499 5) Rebelrowser (1961) $2,500 — $4,999 6) HONORARY SPONSOR $5,000 and above For any questions or special donor inquiries: cell: 917-930-4302 email charlottajanssen@gmail.com Checks are payable to the artist: CHARLOTTA JANSSEN(write Donation:Threads of a Story Exhibit at bottom) To donate by credit card please go to www.charlottajanssenprints.com

NFORMATION

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SPECIAL EVENTS

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NBA NEWS n COMMITTEE INFORMATION

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SPECIAL EVENTS

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NBA NEWS n COMMITTEE INFORMATION

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Step Up to the Plate Thank you to all of the 200 plus attorneys who attended the celebrate volunteer attorneys, “Step Up to the Plate,” event hosted by the Davidson County Judges on Friday, October 7, 2011. Eight attorneys and one law firm were recognized as “homerun hitters” for their efforts to improve access to justice through participation in the NBA's Modest Means Program and the Pro Bono Program.

The award recipients are: Chad Davidson, Solo Practitioner Kelly Duggan, Healthcare Corporation of America John Gillmor, Bradley Arant Boult Cummings LLP Mary Langford, Corley Henard Lyle Levy & Langford PLC Larry Maxwell, Baker, Donelson, Bearman Caldwell and Berkowitz, PC

Justin Pitt, Community Health Systems Morgan Smith, Solo Practitioner Patrick Witherington, Callahan Witherington PLC Bass, Berry & Sims PLC

-Golden Oldies-

December 8, 2011

ANNUAL MEETING & BANQUET

wildhorse saloon

The NBA Annual Meeting and Banquet will take place on Thursday, December 8, 2011 at Wildhorse Saloon. As in past years, a reception for the general membership is set to begin at 5:30 p.m., with dinner and the program to begin at 7:00 p.m. The passing of the gavel from President Bob Mendes, to President-Elect John Kitch, introduction of the NBA officers for 2012, and Award presentations are just a few of the events on the agenda for the evening.

Awards to be presented include: John C. Tune Public Service Award, Outstanding CLE Award, Nashville Bar Journal Awards, YLD Leadership Awards, Emeritus Awards, and the President’s Awards.

Registration on page 21 Retirement Reception for Judge Paine Margaret L. Behm of Dodson Parker Behm & Capparella, PC was the first to correctly identified the individuals in the October Golden Oldies photo. Pictured are: Frank King, Jeff Ockerman and Bill McHugh.

On December 29th, the Bankruptcy Court Committee will be hosting (for the entire bar and people from around the country) a retirement reception Judge Paine at the Bankruptcy Court.

UPCOMING EVENTS: NBA Board Elections Ballots for the election will be sent electronically to all eligible NBA members in early November at which point you will be asked to vote for six of the twelve nominees.

Candidate Biographies can be found on page 10.

----------------------------------------------------------------------November 17, 2011 - 11 am Memorial Service @ Downtown Presbyterian Church Please join us as we honor all of our attorneys who have passed away during the course of the year.

----------------------------------------------------------------------November 17, 2011 - 5:30 pm - 8:15 pm Justice Birch Tribute/ Freedom Riders Art Reception @ Downtown Public Library -----------------------------------------------------------------------

December 8, 2011 NBA Annual Meeting & Banquet @ Wildhorse 5:30 p.m. Reception 7:00 p.m. Dinner ----------------------------------------------------------------------December 29, 2011 Retirement Reception for Judge Paine @ Bankruptcy Court ----------------------------------------------------------------------Last Chance for a 2011 NBA Directory order online at www.nashvillebar.org

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FEATURE

The Intersection of Civility and Professionalism by:

Kent M. Weeks

Civility—or more accurately the lack of civility—has become a major concern in American culture. In our busy and complex lives, simple gestures of politeness, such as smiling or saying “thank you,” are becoming uncommon occurrences.1 We have now come to expect some level of disrespect in just about every facet of our lives—from the conduct of elected leaders, athletes, and entertainers to the everyday interactions with people in the community.

Incivility is especially evident in the legal profession. While some might argue that a certain degree of uncivil conduct may be inherent to our adversarial judicial system, personal attacks on opposing counsel, harassing witnesses, and the use of abusive “Rambo” litigation tactics are not only uncivil, but may be unprofessional.

Over the years, courts and bar associations have addressed the increasing tide of incivility by implementing civility standards, codes, and sponsoring courses and seminars.2 Recently the Florida Supreme Court issued an order adopting a civility pledge to its oath of admission, whereby attorneys pledge “fairness, integrity, and civility, not only in court, but also in all written and oral communications.”3 South Carolina, Utah, and New Mexico have taken similar actions.4 These initiatives, while mostly aspirational and selfgoverned, have brought greater awareness of the need for civility and professionalism. However, general consensus is that civility continues to decline.5

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The decline in civility may be attributed to a number of complex factors. First, our society is generally less civil. In many ways the incivility in the legal profession just mirrors societal norms.

Incivility may also be the byproduct of the extraordinary stress and pressure that comes with practicing law. There is the pressure of billable hours, the stress of meeting deadlines, and the burden of dealing with clients in high-pressure and often high-stakes situations. This stressful environment is not always conducive to civility. Some attribute incivility to the lack of mentors in the legal profession.6 Perhaps the main reason incivility runs rampant in the legal profession is because our civility standards have no teeth—and frankly most attorneys like it that way. As one attorney anonymously acknowledged, “I confess my own transgressions of incivility. It is just that there is something terribly satisfying in seeing my tire marks on my opponent’s chest.”7 This sentiment is common among attorneys; however, it represents a classic misunderstanding about civility. Civil conduct is not synonymous with passivity. An attorney can still be assertive, effectual, and leave “tire marks” on an opponent’s chest without resorting to uncivil “shouting, bulling, and sharp practice.”8 Defining Civility Civility is often associated with good manners. For example, holding a door open for an elderly person or eating a salad with the proper fork—hardly requisite skills for a highly trained client advocate. However, civility is more than just being nice. The modern English word “civility” comes from the Latin word civitas, referring to a city or civic community.9 In this context, civility calls for an awareness and commitment to strengthening the community, as well as recognizing and respecting the needs of others within the

community. Civility also encompasses the ancient religious concept of the Golden Rule—“You shall love your neighbor as yourself.”10 The Golden Rule requires that people act with regard for their neighbors and treat them with the same degree of respect and care that they would wish to be treated. A more complete definition of civility encompasses good manners and courtesy, as well as notions of community, civic engagement, and mutual respect.11 There is a deep-rooted tradition of civility in the legal profession. As William Shakespeare wrote in The Taming of the Shrew, adversaries in law “strive mightily, but eat and drink as friends.”12 Historically members of the legal profession had a strong sense of community and mutual respect. Consider, for example, the dissenting opinions in many of the older cases. In Pennsylvania v. Wheeling & Belmont Bridge (1851), Chief Justice Taney of the U.S. Supreme Court began his dissent, “I must, with all the respect I feel for the judgment of my brethren, with whom it is my misfortune to differ, enter my dissent.”13 Similarly, in Schultz v. Blackford (1882), Justice Cooper of the Tennessee Supreme Court began his dissent, “I am unable to concur with my brother judges in the conclusion reached in this case.”14 The language in these dissents illustrates the civitas element of civility. As a community, judges and lawyers embraced a sense professional camaraderie, brotherhood, honor, and mutual respect for others, even when they disagreed.

Over the years the civitas element of civility has eroded in the legal profession; however, it remains. Concepts of civility and civitas are embedded throughout the Tennessee Rules of Professional Responsibility (TRPR).15 For example, the Preamble establishes that the rules of professional responsibility are designed to cover an attorney’s obligation to “zealously protect and pursue a client’s legitimate interests, within the bounds of the law, while maintaining a profes-

sional, courteous, and civil attitude toward all persons involved in the legal system.” 16 The Preamble provides a blanket civility obligation that covers all of the rules of professional responsibilities.

The rules go on to specifically require attorneys to refrain from “offensive tactics”; demonstrate “respect for the law and legal institutions”; treat all clients with “attention and respect”; and avoid using the legal process to “embarrass, delay, or burden a third person.”17 These requirements, taken together with the Preamble, recognize that civility encompasses more than just good manners, but also an obligation to respectfully engage the legal community, clients, and community at large.

Zealous Representation v. Incivility The Preamble to TRPR provides in part that an attorney has an obligation to “zealously protect and pursue a client’s legitimate interests.”18 Some attorneys use this provision to justify uncivil conduct under the guise of zealous representation. For these “zealous” attorneys, extending civility to opposing counsel is often seen as weakness or even bad lawyering. However, there is a marked distinction between zealous representation and unprofessional conduct.

Zealous representation is not a standalone directive. Zealous representation must be assessed “within the bounds of the law” and balances with an attorney’s duty to maintain “a professional, courteous, and civil attitude toward all persons involved in the legal system.”19 Accordingly, obstructive tactics, such as intentionally withholding relevant discovery and interfering with the questioning of witnesses during a deposition is not zealous representation. Neither are language and tactics that have no identifiable purpose other than to threaten, embarrass, delay, criticize, or attack opposing counsel.20 Such conduct has no basis within the bounds of law and fails to comport with the attorney’s obligation to maintain a courteous and civil attitude.

Justifying uncivil conduct based on the Preamble’s zealous representation language is clearly a stretch, particularly when it is assessed in context. Zealous representation must be distinguished from zealotry. Zealousness is more aptly associated with devotion or diligence, whereas zealotry represents conduct that is fanatical.21 The devotion or diligence interpretation of zealous is consistent with the Nashville Bar Association’s Lawyer’s Creed of Professionalism, which states that an attorney will “be a vigorous and zealous advocate on behalf of my client, while recognizing, as an officer of the court, that excessive zeal may be detrimental to my client’s interests as well as to the proper functioning of our system of justice.”22 When zealous advocacy becomes an excuse for outrageous and unconscionable conduct as long as it is done for a client, decency, civility, and professionalism are compromised.

Supreme Court Justice Sandra Day O’Connor noted that “In my view, incivility disserves the client because it wastes time and energy—time that is billed to the client at hundreds of dollars an hour, and energy that is better spent on working on the case than working over the opponent.”23 Incivility in the Attorney-Client Relationship While incivility is an issue between opposing counsel, it is also an issue between attorneys and clients. The rules of professional responsibility provide guidance on how attorneys should interact with their clients. For example, an attorney must act with “reasonable diligence and promptness in representing a client,” keep the client “reasonably informed about the status of the matter,” charge reasonable fees, and avoid conflict of interests.24 Nevertheless, every year the Board of Professional Responsibility receives hundreds of complaints regarding attorneys who fail to communicate with clients, charge inappropriate Continued on Page 18 

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FEATURE

O Yes You Caen! by:

Chancellor Carol McCoy

Paris, Caen, Normandy, Omaha Beach, Calvados, and Champagne! What a week!!!

The NBA’s Sister Cities celebrated its 20th Anniversary in France with a delegation of lawyers and spouses, young and not-so-young.

I was one of the 27 travelers, and can give you a bird’s eye report of the excitement, challenges, rewards, and events our French legal colleagues shared with us.

First, be aware that each traveler makes their own airline reservations and can arrive early in Paris and stay longer. The Honorable Steve Cobb, who has shepherded this flock as he has done each year, is fluent in French, German, and English. Steve’s ability to gather our group on time, to keep our pace moving on schedule and to translate when necessary – all without irritation – reflects a remarkable tour guide personality, a second career that Steve follows each year on this trip.

Second, the hospitality shown by our French hosts to each delegate reflected the warm friendship that the NBA has developed with the Caen Bar over these many years. After purchasing airfare and finding that special pied-à-terre for two nights in Paris, a delegate is feted, wined, dined and housed, all courtesy of our Caen host families and the Sister Cities’ program.

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Third, our French hosts filled our itinerary with receptions, visits to historic palaces, special tours, occasional police escorts, impressive French cuisine, and a surprisingly interesting CLE afternoon.

Fourth, a command of French is not a prerequisite; a sense of adventure and curiosity are essential to properly enjoy the trip.

On to the experience: I flew out of Nashville late on a September Monday and arrived in Paris the next day (Tuesday) at the Charles De Gaulle airport about 2:30 p.m. My pre-booked shuttle, a 40 minute ride into Paris, delivered me at the front door of my hotel located behind the Cathedral of St. Sulpice. Helen Rogers and her husband, Larry Kamm, had shared the identity of this little gem of a hotel in central Paris and the staff greeted me warmly. When Helen and Larry flew in from London that night, we had our first exquisite taste of French cuisine.

The next morning, Wednesday, our first roll call occurred at Caveau du Palais, a charming café on the Isle de la Cite, a teeny, tiny island in the middle of the Seine (and the center of Paris). Café and crossiants greeted the early birds before a short jaunt down the street to Sainte Chappelle (http://sainte-chapelle.monuments-nationaux.fr/en/), a masterpiece of mid 13th centuery flamboyant Gothic architecture built

by Saint Louis (a/k/a King Louis IV) with 15 unique stained glass windows telling the story of mankind from Genesis to Christ’s resurrection in 1,113 scenes and rendering the air iridescent with light and color. We had free rein to wander through the lower chapel, which was intended for the palace personnel, and through the upper or royal chapel for the King where the relics connected to Christ’s Passion (the Crown of Thorns) were kept.

Another short walk brought us to the French Supreme Court (Cour of Cassation), housed in the Palais de Justice, a former royal palace, a former seat of the Parlement de Paris (until the Revolution – theirs, not ours), a former prison, and now a museum, where Marie Antoinette was imprisoned before being executed on the guillotine. We met Chief Deputy Clerk, Madame Claire Marcadeux, who explained that the Supreme Court is the court of final appeal for civil and criminal matters. The Court is composed of justices, the Office of the Prosecutor, and an Administrative Office of Courts.

A separate bar of specially certified barristers exists for trying cases before the French Supreme Court. Overall, the Court consists of nearly 85 trial judges and about 40 deputy judges, each divided among 6 different divisions. Each division is headed by a Presiding Justice (président), or President of Division.

The Chief Justice bears the title of the premier président, or President of the Court and is the highest-ranking judicial officer in the country, responsible for the administration of the Court and the discipline of justices. The Supreme Court does not hear claims against administrators or public bodies which are heard by the Council of State, nor does it adjudicate constitutional issues which are heard solely by the Constitutional Council. Thus, France does not have just one senior adjudicatory body, but four (including the Jurisdictional Disputes Tribunal). Collectively, these four courts form the topmost tier of the court system.

Our guide explained the appeals procedure, the Office of the Prosecutor, and the very difficult, specialized training and notoriously stringent examination required for licensure and admission to the Supreme Court Bar. We learned that the French law system is continental and based on the Roman law of written codes and not on precedents (prior decisions), which is radically different from our Anglo Saxon common law. French judges have a more dominant role in

a quest for proofs, not leaving all the burden of the proofs to the barristers.

The actual courtroom is breathtaking for its beauty, gold gilt cupids on the ceiling, four monstrous paintings of famous French jurists (I think they were Charlemagne, Montesquieu, Napoleon, Lafayette) in huge baroque frames, one in each corner, and a large painting hangs behind the bench to hide an earlier painting of Christ.

A leisurely lunch followed at a Parisian bistro with seafood, wine, cheese, dessert and more wine. We sauntered down the Left Bank of the Seine to the Assemblée Nationale, the lower house of the bicameral Parliament of France under the Fifth Republic, located in the Palais Bourbon on the banks of the river. Alert: I learned that the current French government, the Sixth Republic, began in 1962, when President Charles de Gaulle used an arcane procedure, and created a presidential, rather than parliamentary, type of government. The room for the present governing body has an impressive 577 seats covered in red leather for the députés, each of whom is elected for 5 years, and who sit according to a tradition started during the French Revolution, with the "left-wing" parties sitting to the left as seen from the president's seat, and the "rightwing" parties sit to the right, thus indicating the political spectrum as represented in the Assembly.

Continued on Page 16 

Nashville Bar Journal - November 2011

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2012 NBA BOARD OF DIRECTORS NOMINEES (Please note: Nominees’ information is listed in the same order as the nominees’ names are listed on the ballot, which order was determined by a random draw.)

Casting Your Ballot

Ballots for the election will be sent electronically to all eligible NBA members in early November at which point you will be asked to vote for six of the twelve nominees. We urge all members to participate in selecting the future leadership of the Nashville Bar Association. Dues for 2012 must be in good standing in order to vote (you will receive a notice if you have not yet renewed.) Election Results will be announced at the Annual Meeting & Banquet on December 8, 2011 (Registration for that event can be found on page 21 of the Nashville Bar Journal or you may register online at www.nashvillebar.org).

Sheila D. Calloway is a Magistrate of the Davidson County Juvenile Court. She received her undergraduate and law degrees from Vanderbilt University, in 1991 and 1994, respectively. She is also an Adjunct Professor at Vanderbilt teaching Trial Advocacy.

Margaret M. (“Marnie”) Huff is an independent attorney/ mediator, arbitrator and workplace conflict management consultant. She has a B.A. from Smith College (1972) and a J.D. from Vanderbilt (1976).

Calloway is the current chair of the NBA Juvenile Court Committee and will become a new Fellow of the Nashville Bar Foundation in November. She is a member of the Napier-Looby Bar Association, the TN Supreme Court’s Court Improvement Project, the Davidson County Disproportionate Contact and Confinement Committee, and the Harry Phillips Inns of Court. She serves as co-chair of the Metro Employees Consolidated Charity’s Campaign for Juvenile Court, is the Immediate Past Chair of the Human and Public Services Academy for the Nashville Board of Education Partnership Council, and is the co-founder and co-director of The Voices of Justice – a choir comprised of Juvenile Court employees and employees from other agencies who work with juveniles. Calloway served as the Lead Judge for the Davidson County Model Court of the National Council of Juvenile and Family Court Judges for several years, served on the Board of Directors for the Mental Health Co-op, Hands on Nashville, and Court Appointed Special Advocates (CASA) and served as the Coordinator of The Metropolitan Worksite Wellness Program for Juvenile Court. She also worked with Project Prison Connect – a program designed to educate high school students across Davidson County about the criminal justice system. She is a member of the Temple Church and serves in the Music Ministry, the Women’s Ministry, and is a regular volunteer at the Second Harvest Food Bank. She is happily married to Paul Butler Calloway, Jr. and the proud mother of one son, Paul Calloway, III.

Huff is a member of the NBA ADR, Appellate Practice, Attorney Health & Wellness, and Bankruptcy Committees. She was twice honored with an NBA President’s Award for her work chairing the Ethics Committee (1987) and the Task Force on Attorney Health & Wellness (2008). She is also past chair of the Bankruptcy (1986 and 1991) and Pro Bono (1988) Committees.

She is a fellow of the Nashville Bar Foundation. Marnie’s state and national bar work include service on the TBA Section of Dispute Resolution Executive Council (past chair 2006-7), the ABA Section of Dispute Resolution Council (elected to a 3 year term in 2010), and the ABA Section of Dispute Resolution Ethics Committee (co-chair 2007-11). She recently completed three years of service as a Commissioner on the Tennessee Lawyers Assistance Program Commission, an appointment by the TN Supreme Court. She is a past member and officer of Boards of Directors at Dismas House and the Nashville Conflict Resolution Center. She is a volunteer English Language Learner tutor at St. Ann Church and a volunteer ombuds for the U.S. Department of Defense TN ESGR program (Tennessee Committee for Employer Support of the Guard and Reserve).

Bar issues of particular interest include dealing with juvenile and family law. She is dedicated to doing her best to help our youth and their families to have healthy, happy lives in the community and assuring that all individuals who appear in Juvenile Court have the best legal representation.

Overton Thompson, III is with Bass, Berry & Sims PLC. He received his undergraduate degree from the University of the South in 1981 and his J.D. from Vanderbilt in 1984.

Thompson is past Chair of the Nashville Bar Association Dispute Resolution Committee and past Chair of the Tennessee Bar Association Litigation Section. He is also a past President of the Board of Directors of Monroe Harding Children’s Home and Past President of the Board of Directors of Travellers Rest Historic House and Museum. He is currently President of the Men of Valor Board of Directors, a member of the Executive Board of the Boy Scouts of Middle Tennessee and an Elder at First Presbyterian Church.

Particular areas of interest include finding ways to provide mentoring opportunities and housing for newly released inmates from the Davidson County Detention Facility, promoting collegiality within the Bar, fostering relationships between the Bench and the Bar, and pro bono initiatives in the large firms.

Maria M. Salas is a solo practitioner at Salas Law Group, PLLC. She is certified as a consumer bankruptcy specialist by the Tennessee Commission on Continuing Legal Education and Specialization and the American Board of Certification. She received her B.S. from Middle Tennessee State University summa cum laude in 1985, and received her J.D. from the Nashville School of Law in 1992.

Salas was recognized as the Nashville Bar Association Pro Bono Volunteer of the Year for 2001. She is a member of the American, Tennessee, and Nashville Bar Associations, Tennessee and Nashville Lawyers’ Associations for Women, the National Association of Consumer Bankruptcy Attorneys, and the American Bankruptcy Institute. She is a fellow of the Tennessee Bar Foundation and the Nashville Bar Foundation, and is an alumnus of the Tennessee Bar Association Leadership Law program. Salas is a founding member and current board member of the Tennessee Stonewall Bar Association. She also serves on the board of Nashville CARES, and is an alumnus of Leadership Nashville.

Bar issues of particular interest include outreach to solo and small firm attorneys, diversity in the legal profession, law practice technology, and the NBA Modest Means Initiative.

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Special areas of interest include civility, access to justice and dues - civility in public discourse among lawyers, public officials and community leaders to foster reasoned dialog in decision-making, access to justice for persons of modest means, and stewardship of member dues.

Edward D. Lanquist, Jr. practices with Waddey & Patterson, PC. He received his undergraduate and law degrees, with Honors, from the University of Tennessee.

Lanquist has been an NBA Member since 1988. He has served as Treasurer and Assistant Treasurer. He is a current member of the Non-dues Revenue Committee, Intellectual Property Law Committee, and CLE Committee. He has been the Chair of the Continuing Legal Education Committee (twice) and the Intellectual Property Law Committee. Lanquist is an annual Producer and Presenter of “Ethics Lies and Videotapes” along with other CLE programs. As a young lawyer, he was vice president of the Young Lawyers Division and chair of the ABA IP committee. He is a Fellow of the Nashville Bar Foundation, the Young Lawyers Division, and the Tennessee Bar Foundation. He is a Best Lawyer and a Super Lawyer, a member of the TBA IP Executive Committee and has published several articles on intellectual property for the NBA Bar Journal. Lanquist is the current Chair of the Belcourt Theatre, current Board member of Nashville Capital Network, past chair of the Midsouth Chapter of the Multiple Sclerosis Society and Past Board member of Renewal House and the James E West District of the Middle Tennessee Counsel of the Boy Scouts of America.

Bar issues of particular interest include making sure that we represent our clients and work with other lawyers with professionalism and integrity, along with making the Bar affordable and approachable for all lawyers.

Susan L. Kay is Associate Dean for Clinical Affairs and Clinical Professor of Law at Vanderbilt University Law School. She received her undergraduate degree from Williams College in 1976 and her law degree from Vanderbilt University in 1979.

Kay is a Board Member of the Nashville Pro Bono Program (2002-present), a Fellow of the Nashville Bar Foundation and serves on the Board of Directors for Legal Aid Society of Middle Tennessee and the Cumberlands, (2001—present), serving as President since 2010. She is on the Board of Directors for the Tennessee Alliance for Legal Services, 2001-present (President, 2008-10); ACLU of Tennessee, 2000-present (President, 2009-present); the Jewish Family Service, 1998-2003 (President, 2000-02) and the Clinical Legal Education Association, 2002-2007 (President, 2006). Kay is a Fellow of the Tennessee

Bar Foundation and is Co-reporter of, “Report to the Tennessee Bar Association on the Effective Assistance of Counsel in Death Penalty Cases.” (2005) Bar issues of particular interest are Access to Justice; Mentoring of Young Lawyers; Effective Assistance of Counsel in Criminal Cases; Issues of Professional Responsibility; and Continuing Legal Education.

Thomas W. Lawless of Lawless and Associates, P.C., received his undergraduate degree from Middle Tennessee State University in 1976 and his law degree from the Nashville School of Law in 1980.

Lawless is certified as a Creditors Rights’ Specialist by the American Board of Certification and the Tennessee Commission of Continuing Legal Education and Specialization and certified as a Rule 31 Mediator. He is the recipient of the 2003 Dial-A-Lawyer Award, Chairman of the NBA Ethics and Professionalism Committee since 2006, member of the Bankruptcy Court Committee, has served on the Fee Disputes Committee and its hearing panels and a fellow of the Nashville Bar Foundation. Lawless is past Chairman of the Davidson County Republican Party, Chairman of the City of Oak Hill Board of Zoning Appeals and member of the Downtown Rotary Club; Downtown Partnership; and the Nashville Chamber of Commerce. He is Vice Chairman of the Tennessee Judicial Nomination Commission and Treasurer of the Tennessean’s Concerned for Fair and Impartial Courts.

Bar issues of particular interest: Tom believes that all members of the NBA should be strongly encouraged to be more active in committee memberships, social networking and mentoring resulting in a more cohesive and cordial Bar. This would also help bridge the gap between big and small firms.

John C. McLemore practices with Garfinkle, McLemore & Young, PLLC. He received his undergraduate degree from the Virginia Military Institute in 1970 and his law degree from the Nashville YMCA Night School (now the Nashville School of Law) in 1974.

McLemore served as the first Editor of The Docket (now the Nashville Bar Journal) for nine years and received two NBA President’s Awards for his work on that project, one in 1977 and the second in 1983. He served on the NBA Board from 1980 to 1982 and is often referred to as the Nashville Bar Association’s Official Photographer. McLemore has photographed NBA events since 1975 and has served as a member of the Bankruptcy Court Committee for decades. He is the current Chairman of the NBA Historical Committee and has served as a member of the Chapter 7 Trustee panel for the U. S. Bankruptcy Court for the Middle District of Tennessee since 1978.

He is the librarian of the Forest Hills Baptist Church Library.

Bar issues of particular interest are Pro Bono programs and the collection and preservation of NBA history.

C. Dewey Branstetter is the managing member of Branstetter, Stranch, & Jennings, PLLC. He received both his BA (1978) and his JD (1981) from Vanderbilt University.

Branstetter’s past involvement with the NBA includes serving as Vice Chairman and Chairman of the Candidate and Incumbent Evaluation Committee and Vice Chairman of the Civil Rights Law Committee. He has been a hearing officer for the Board of Professional Responsibility and is a Fellow of the Nashville Bar Foundation. He was a member of the Metro Nashville Board of Public Education for 11 years, serving as its chairman for three. His past civic activities have also included membership on the boards of the Center for Nonprofit Management, Community Foundation of Middle Tennessee, E-911/Emergency Communications District, Junior Achievement, Metropolitan Nashville Public Education Foundation, Middle Tennessee Chapter of the March of Dimes, Nashville Alliance for Public Education, Nashville Public Television Council, and Our Kids, Inc. He is currently the chairman of the Metropolitan Charter Revision Commission.

Primary interests include ensuring that people of limited means have access to the legal system, mentoring of younger lawyers, maintaining a collegial atmosphere in our legal community, and increasing participation in Nashville Bar Association activities.

Jeffrey Mobley is with Howard & Mobley. He graduated from the University of Kentucky College Of Law in 1982 and has practiced law in Nashville his entire career.

Mobley has served the NBA as its Assistant Secretary-Treasurer, as its Secretary-Treasurer, as Editor of Nashville Bar Journal (when it was called “The Docket”), as Chair of the NBA Probate Court Committee, and as a founder and “Commish” for the first several years of the NBA Basketball League. He is a Fellow of the Nashville Bar Foundation, a past recipient of the NBA President’s award for service to the NBA and regularly participates as a NBA Pro Bono volunteer. Mobley is a Master in the Belmont College of Law Inns of Court, a Co-Author of Pritchard on

Wills and Administration of Estates and a frequent speaker at NBA CLE presentations on wills, trusts and probate. Jeff is certified as an Estate Planning Specialist by the Tennessee Commission on CLE and Specialization. He practiced with Gullett, Sanford, Robinson & Martin for 20 years before launching a probate and estate planning practice on his own and (for the past 4 years) with Howard & Mobley. He coaches youth sports (First Prez Leagues, WNSL Leagues, Lipscomb-Green Hills Leagues & AAU basketball), is a former President of FOCUS (Storefront Ministry, Congregational Hot-Line & Nashville Inter-Faith Assoc.), is Attorney to the Board of Ensworth School, a Room In The Inn volunteer; and youth sunday school teacher at First Baptist Church.

Areas of interest include the mentoring of new attorneys, access to the legal system by all citizens, and service to the probate bench and bar.

Tara Mooney Aaron is a co-founder of the intellectual property and technology law firm of Aaron Sanders PLLC. Tara received her undergraduate degree from Vanderbilt University in 1997 and attended University College Cork in Cork, Ireland in 1996. She received her law degree from the University of Tennessee in 2004, where she was a member of Law Review and was inducted into the Order of the Coif.

Aaron is the 2011 Chairperson of the Nashville Bar Association Intellectual Property Law Section, and has been a member of that section, the Entertainment, Sports and Media Law Section, and the Young Lawyers Division, since 2005. She has been an active participant in NBA pro bono activities including Habitat for Humanity, the extraordinary legal assistance provided to flood victims in Nashville in May 2010 and afterwards, and legal representation of clients seeking assistance in receiving unemployment benefits. She served on the Board of Directors of the Tennessee Bar Association Young Lawyers Division (YLD) from 2005 to 2008 and served as liaison between the YLD and TLAW. In 2007, she co-authored the original TBA YLD Disaster Relief Manual, and consequently was called to participate in a free webinar offered by the TBA after the flood, entitled “Providing Pro Bono Legal Services after a Disaster.” Tara currently chairs the Social Media Committee and Southeast Chapter of the Copyright Society of the U.S.A. She is a contributing author for the book “Overlapping Intellectual Rights,” to be published by Oxford University Press (2012), and Technical Editor for the upcoming book “Music and Copyright Law” by David Moser and Cheryl Slay, to be published by Cengage Learning (2011). Tara has been on the Board of Directors of Ten Thousand Villages of Nashville, Inc. since 2008, and has been on the Executive Committee since 2009. She co-founded “Seedlings in the City,” a program to plant trees in residential neighborhoods in Nashville.

Particular areas of interest include issues and opportunities arising in small law firms and in solo practice, especially for new lawyers. She is also concerned with ensuring that women can have satisfying and sophisticated legal careers and with helping to plan and execute the response of the Nashville bar in times of emergency and crisis.

Eleanor (Ellie) Wetzel has devoted her career to legal research and writing, having served as staff attorney/judicial clerk for federal and state courts: U.S. District Court for the S.D. Indiana (2000-2002), and currently with the Davidson County Criminal Court, Division III (2002-present). She received her J.D. from Indiana University School of Law at Bloomington (now Maurer School of Law) in 2000, ranking in the top 10% for both oral advocacy (Moot Court octofinalist) and writing (Scribe Award recipient). Wetzel received her Indiana license in 2000, and her Tennessee license in 2002.

She is active with the Nashville Bar Journal editorial committee, and was one of the inaugural recipients for the NBJ’s Contributor of the Year Award in 2004. Since 2005, she has served as Managing Editor for the bar’s publication. She is a Premier member of the Nashville Bar Association and a past Associate with the Harry Phillips American Inn of Court.

Wetzel has been a member of Junior League of Nashville since 2006, and is now serving her second term on the board of directors. In May 2011, she was awarded with the League’s highest honor, the Paragon Award for Outstanding Service. Wetzel is an alumna of the Nashville Emerging Leaders Program, and is the Programming Co-Chair for the 2012 class. Additional bio info available at http://www.linkedin.com/ in/eleanorwetzel.

Bar issues of particular interest include increasing the transparency of the NBA board’s actions; further developing the bar’s educational resources to offer timely, relevant CLE courses as well as informative journal articles; making the bar inclusive to all members’ practice areas (e.g., civil, criminal, firm members, solo practitioners, civil service employees, practitioners in academia, etc.); and improving the image of lawyers through public service/pro bono work as well as collaborative community endeavors like the upcoming Freedom Riders reception.

Nashville Bar Journal - November 2011

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BILL AND PHIL’S GADGET OF THE MONTH CLUB By: Bill Ramsey of Neal & Harwell, PLC and Phillip Hampton of LogicForce Consulting

Going to Trial with Technology Face it; we live in a smartphone generation.

More likely than not today’s juries are made up of people who stay informed of current events via any number of technology gadgets: smartphone, tablet, e-reader, laptop, PC. In short, today’s jurors are becoming smarter connoisseurs of technology. Accordingly, trial attorneys should take advantage of the latest technology trial tools that can help them connect with increasingly technology-savvy juries. A flip chart and winning smile might not be enough to hold the attention of the restless juror anxiously awaiting the end of the day so he/she can go home and see who did what and where today on Facebook.

Since the spell-binding days of the O.J. Simpson trial in 1995, trial technology tools have grown up in front of our eyes.

Once relegated to the elite super attorneys, these tools are now accessible to all. Two of the pioneering trial presentation software packages continue to exist and thrive.

Trial Director by Indata Corporation (www. indatacorp.com) and Sanction by Verdict Systems (www.verdictsystems), in our view represent the gold standard for trial presentation software.

Both Indata and Verdict Systems have released major new versions of their software this year (Trial Director 6 and Sanction 3); and both continue to impress. As always, with this software you can load scanned images of your documents, deposition videos synched with the transcript, photos, animations, native file documents such as Word and Excel files, and even PowerPoint presentations. The presentation software then becomes your launch pad for any exhibit that you wish to show electronically. Pulling up a document for display on the court system’s projection system (or your own projector) is as simple as choosing it from a dropdown list of exhibits or, even easier, by scanning a bar code for the exhibit which can be printed using the software. You can use the software to create video clips of deposition testimony (complete with the synchronized text) as well as string all of your designations together as one continuous video.

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Once in presentation mode, the functionality of this software really shines as you are able to use many different annotation tools to highlight, call out, and spotlight important areas on your documents or even videos.

Jurors will think they are watching expert analysis on ESPN’s GameDay as you dazzle them with your onscreen annotations. This software is addictive, so be prepared to spend a little time with it before trial. Practice is essential to master the fine details so that you aren’t fumbling through an online manual trying to erase an errant annotation while the judge and jury glare at you.

In addition to Trial Director and Sanction, a number of other trial presentation software options exist as new approaches and companies jump into the competition. Visionary Legal (www.visionarylegal.com) has an entire suite of products for the trial technology and video deposition markets. Its flagship presentation software is Visionary Pro. There is a free version of this software that you can download at www.freevisionary.com to test. The free version is limited in the number of cases and the number of documents that can be loaded. ExhibitView (www.exhibitview.net) is another presentation software package for trial exhibits. You can also download a free version of this software that is active for two weeks.

As iPads continue to proliferate (especially among attorneys), it is not surprising that software developers are developing trial presentation apps for this platform. Two presentation apps of note are Trial Pad (www.trialpad.com) and Trial Touch (www. trialtouch.com). The cool thing about these apps is that you can walk into the courtroom with just an iPad and, with an iPad VGA adapter or even a wireless Apple TV remote, pull up your exhibits on the projection systems using your finger (or an iPad stylus).

Trial Pad can be downloaded from the app store for $89.99 (a little pricey for apps, but not nearly as pricey as full-fledged trial presentation packages). With this app you basically interact with a file-sharing site, such as DropBox, to deliver documents to the iPad. Once the documents are on your

iPad, you can then project them and make annotations on them using the app. Trial Pad is designed to work with PDF documents and does not support video.

Trial Touch is a free app that can be downloaded from the app store, and there is a demo account that you login to to try out the software. This app works in conjunction with an online cloud account with DK Global. As you prepare for trial you can upload documents, presentation files, videos, animations, etc. to your case folder in the cloud. Before going into the court room, you simply download those exhibits that you want to present directly to your iPad. Presenting with TrialTouch is very intuitive and cool. You can use the familiar pinch and zoom gestures that everyone now uses on their mobile devices when viewing photos. There are also various markup tools that you can use to annotate the image on the screen using a stylus or just your finger.

Trial Touch doesn’t have all the bells and whistles that you find in some of the more mature trial presentation packages. The pricing model, however, is more attractive than the mature packages but, it is based upon a monthly charge, so you need to pay attention to the pricing structure of Trial Touch, since it can be a monthly recurring charge. You can opt out of the monthly charges at any time. In any event, we found the app more intuitive and easier to learn and use as compared to other presentation packages.

As you can see, many options exist today for trial presentation systems, from full-featured PC-based software to the relatively new tablet applications. So don your courtroom suit, grab your laptop (or iPad) and head off to face the jury armed with a new tool to make you cool, relevant, and effective. Your jury will thank you.  See you next month, Bill & Phil

Nashville Bar Journal - November 2011

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InCamera

Judge Mark Fishburn is the judge of Division VI, Criminal Court, Davidson County. He has served in that role since his appointment by former Governor Bredesen in 2003. Prior to becoming a judge, Fishburn was in private practice for 18 years.

Judge Mark Fishburn by:

Bart Pickett

Judge Fishburn was born and raised in Nashville. He graduated from the University of Tennessee in 1972.

He came back to Nashville and worked for the city as the Director of Labor Relations. While working for the city, Judge Fishburn attended law school at the YMCA Law School (currently the Nashville School of Law). The gym in the YMCA sat above the law school classroom. Judge Fishburn jokes, "The gym provided a timely rhythm to answering your questions on a test."

Upon graduation from law school in 1979, Judge Fishburn went into private practice. He focused on plaintiff's personal injury, worker's comp and criminal defense. Nearly twenty years later he was elected judge of Division 2 of the General Sessions Court in Davidson County. Judge Fishburn ran against an incumbent and at least two others to win that election.

He was a judge in general sessions from 1998-2003.

While serving in that capacity, Judge Fishburn started the mental health court in late 1999.

In 2003, Governor Bredesen appointed Judge Fishburn to be the judge of the newly created Division VI Criminal Court. In his current role, Judge Fishburn

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takes all DUIs assigned in criminal court. In addition to his regular criminal case assignments, he has made one of his missions to cut down the backlog of DUIs. While there are still many pending and plenty still coming, Judge Fishburn has drastically curtailed the disposition time for DUIs. From 2007-2010, Judge Fishburn served as the presiding judge for the trial courts of the 20th Judicial District. In his last year in that role, he served without the benefit of a trial court administrator to assist him.

Judge Fishburn spends his freetime playing golf, reading, working in the yard, exercising and cooking. He cautions, "I'm not a master at gardening, but I do work in the yard some." He also enjoys spending time with his dogs. Judge Fishburn has four dogs: an American Bulldog, a Chihuahua, a pitbull and an unidentifiable mix. He says, "I've actually had a DNA test done on it [the mixed dog] to see what it could determine and they came back with nothing."

All but the pitbull are rescue dogs.

PRO BONO PROFILE: Stephen C. Baker by:

Victoria Webb

When it comes to advice for lawyers appearing in Division VI, Judge Fishburn encourages all lawyers to (1) know the law when coming into court, and (2) communicate regularly with your clients. "A lot of our defendants are in jail, and so they sit in there and have nothing to do but think about their case. And its obviously difficult for them to communicate with lawyers because most lawyers won't accept the phone calls because they charge for it."

Fishburn believes lawyers can do a better job trying to address the potential failure to communicate.

Sometimes the most basic problem solving that lawyers do for clients through the Nashville Pro Bono Program will turn someone’s life around. Last fall, Vickie Mathison’s medically fragile, aging father, Aubrey Crafton, was sitting in his Nashville condo surrounded by steadily growing mold. The homeowner’s association had repaired exterior leaks that developed over the years, but Mr. Crafton was caught in the middle of a dispute between the homeowner’s association and his insurance company over responsibility for the interior leaks.

Judge Fishburn loves Nashville. He thinks one reason we have such a great city is due to the good leadership we have had. He believes Nashville is a clean, friendly city, "and as long as you can figure out the road system, you'll never get Alzheimer's."

Trying to help her father and his 70-year-old wife, Ms. Mathison started doing research on the internet, “I came upon an article that gave me the idea of finding a legal program to help him,” she said.

That’s when she contacted the Nashville Pro Bono Program on her father’s behalf. Her father was interviewed about his case and financial eligibility by a first year Vanderbilt Law School student volunteer, and Alison Richards, Nashville Pro Bono Administrative Assistant, sent emails to lawyers regarding Mr. Crafton’s plight.

You can expect to see Judge Fishburn on the ballot again in 2014 when he's up for re-election. He does not, however, have higher aspirations. "I enjoy the trial work. I enjoy the interaction with the attorneys and the juries. I am kind of a people person." n Bart Pickett is an attorney with Hall, Booth, Smith & Slover, P.C., specializing in medical practice and insurance defense. He is a graduate of the University of Tennessee College of Law and former law clerk to the Honorable Thomas W. Brothers of the Sixth Circuit Court of Davidson County and the Honorable Joe P. Binkley, Jr. of the Fifth Circuit Court of Davidson County.

Stephen C. Baker, a partner at Waller Lansden Dortch & Davis and a volunteer attorney with the Program since 1988, promptly answered the call. “He was a miracle for my father,” said Ms. Mathison, “I don’t think he would have gotten anything if not for him.

He’d still be sitting in mold.”

Steve Baker humbly agrees, “I was able to successfully negotiate a settlement for the full cost to repair the interior and hotel expenses during repairs. We were able to get much more because the expenses had increased due to the delay.” Although Steve told her that she had written a very good letter for her father, Ms. Mathison says, “It wasn’t until the letter came from a lawyer that they did anything. I’m so glad that there is a process that people can go through in Nashville to get this kind of help.”

Of his work with the Program, Steve Baker says, “Pro bono work really has its rewards in helping those in need and lawyers recognize their duty to do this work. There are so many people needing help in the Nashville Pro Bono Program, it is not hard to find a case in an area where you can use your particular skills and help those who need help the most.”

The Nashville Pro Bono Program is a joint venture of the Legal Aid Society and the Nashville Bar Association. Mr. Crafton is just one of the over 2,000 clients in Davidson and Williamson Counties that the Program assisted within the last year. Contact the Nashville Pro Bono Program at nashvilleprobono@las.org or call Lucinda Smith at 780-7127 to join the hundreds of lawyers in Nashville who work miracles for people like Mr. Crafton. n

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O Yes You Caen! Continued from page 9

Afterwards, we had free time until dinner. I walked a few blocks east along the Seine to the Musée d'Orsay, a must-see for fans of Impressionist painters. We rendezvous-ed for another culinary experience, complete with champagne, wine and liqueurs. After dinner, a small contingent sauntered a very few blocks to stand underneath the Eiffel Tower.

We missed the last elevator to the top, but caught its strobe lights which dance every night for five minutes at five minutes before the hour. Pretty spectacular! You can check it out at www. youtube.com/watch?v=I6MSohf68wY. Our challenge on Thursday morning was to catch the train to Caen. Steve Cobb emphasized that you must arrive a little early, quickly purchase your ticket (if you have not made a reservation stateside), slide your ticket through a device to acknowledge your eagerness to stand, gawking at a ceiling-high monitor and search for the number of the track on which your train will depart about five minutes before its departure. Once the track is posted, you race to board the train.

Two hours later, we arrived in Caen to meet our hosts at City Hall, housed in a former monastery, the Eglise St.Etienne, and completed in 1063. Four dancers performed the two-step to countrywestern music while the Mayor, other dignitaries and our host families greeted us. Helen, Larry, and I met our hosts, Muriel and Pascal, who live in Mathieu, a charming suburb ten minutes outside Caen. A buffet lunch of exquisite pâtés, melon slices, bacon wraps, cheese trays, and delicate finger food tempted us – all without benefit of plates. The Caen Bar President, Ariane Weben, presented us with gift bags and champagne. Bob Mendes, our NBA President, responded to her graciousness with his own kind words. I conversed with the youngest Frenchman in the room who turns out, not to be a lawyer, but a French history teacher. Taking advantage of his knowledge and trying to remedy my ignorance, I asked him to explain each period of the 16

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six Republics and how they differ. His English was excellent; my comprehension passable. You can test me if you are truly interested so long as I can use my crib notes.

By mid-afternoon, we were ready for our joint CLE: the Legal Ways for Searching and Establishing Evidence in Criminal Proceedings in France and conversely, Criminal Justice in the United States.

As previously mentioned, French judges can actually investigate alleged crimes, question witnesses, query the accused and decide the case. Steve was fearless in interpreting our Caen lawyer’s description of their procedures. On behalf of the NBA, Trey Harwell gave a commanding synopsis of our criminal justice system, including an excellent explanation of procedural and substantive due process.

At the end of the CLE, the NBA delegation toured Caen in a small tram previously used by Santa. However, Helen, Larry and I were ferried away by Pascal and Muriel to their two-story home, surrounded by manicured shrubs and rosebushes. At their favorite restaurant, La Valise Gourmande, we celebrated our first dinner in Caen with delicious champagne, followed by wine and delicately thin salmon slices for appetizers, a salad of chilled lettuce, crudités, wafers of onion slices and a zesty dressing, fresh white fish basted in white wine, a stunning dessert of ice cream surrounded by whipped cream topped by a meringue with strawberries and raspberries on the side and completed by slices of local cheeses from the largest two level rolling cheese cart that I have ever seen. Initially, the array of cheeses confounded my ability to choose, but goat cheese won out. Then, back to our home away from home in Mathieu.

Friday, we woke early to great weather and rode by bus to the new Normandy American Cemetery Visitors Center opened in June, 2007. The Center has personal interviews of soldiers who described their experience on D-Day, re-

markable photos and films of the events surrounding Operation Overlord, and other exhibits that portray the competence, courage and sacrifice of Allied forces. This museum served as a powerful reminder of the greatest amphibious invasion in history and allowed us to gain a better understanding of the many difficulties and tremendous sacrifices faced by the Allied forces in World War II on D-Day.

Before we met with the director for our personal tour of the American cemetery at Normandy, our group implicitly knew the importance of honoring our war dead. The director reviewed a display of the landings which occurred along the Normandy coast, divided into five sectors: Utah, Omaha, Gold, Juno, and Sword. We walked quietly through the cemetery while he told us the stories of the two Teddy Roosevelt relatives, a son and a grandson, who are buried next to each other. He took us to the location of the grave markers for the two Niland brothers, Preston and Robert, whose family served as the basis for the film, Saving Private Ryan. After several more stories, we wandered throughout the gleaming white crosses and occasional Stars of David in small groups or alone, with our own personal reflections and thoughts. I learned for the first time that on D-Day, the troop carriers landed far out on the beach because the tide was out, a fortuitous event that kept them from becoming mired in the sand. The carriers returned to England to bring the second wave of soldiers the next day.

But the landings proved dangerous for our troops, who had to cross the large expanse of beach while exposed to enemy gunfire. This visual lesson made for a very somber and sobering experience.

Upon returning to City Hall, our 20-year relationship with our Sister City Caen was honored with speeches and champagne. Our French hosts and five young students recalled the tragedy of 9/11, its impact upon our friendship and their desire to support America. Afterwards, another celebration! We shared cham-

pagne, kirsch aperitifs, and exquisite appetizers at the Beaux Arts Museum at Café Mancel, surrounded by a sculpture garden. We soaked up the atmosphere in the outdoor cafe setting until twilight. Dinner moved inside as the sun set with the Black Rats playing swinging jazz, followed by dancing the Charleston without a dance floor, an event that insures our friendships will continue for many years!

Saturday, a cultural experience! We headed off to the Museum Scriptorial d'Avranchaes, a fascinating exhibition which explained how the monks created the ancient manuscripts looted from Mont St. Michel during the French Revolution. I examined the process used to recover the damaged and parched paper (hint: they use Gortex) and viewed the displays' very oldest manuscripts, including an original of Ovid's works. Lunch at Le Relais du Mont in Ceaux, included a champagne birthday celebration for former state Senator Jere Hargrove.

For those of you who are unfamiliar with Mont St. Michel, (alert: One of the seven wonders of the modern world), imagine if you will, a huge, stone multilevel monastery sitting atop a single mountain on a little strip of beach with pockets of quicksand and killer tides.

This rocky tidal island houses the abbey, erected in the 8th century A.D. which stands as an outpost into the Atlantic.

This French version of Gatlinburg has 41 local residents, but hosts thousands of visitors every year. Over the centuries, Religion, Reformation, Revolution, and War transformed the abbey from a pilgrimage site into a prison, but ultimately, it was restored as an international treasure. After climbing stairs and peering into large stone rooms, I took off my shoes and followed Mike Abelow and Phil Cramer, two intrepid and barefoot lawyers, who led the way out behind the monastery onto the gray, cold wet sand, capturing photos of the long stretch of beach that disappears into sea and sky.

We attempted to circle the entire abbey, but reversed course when we started to

sink in very soft, slimy, sucky sand that discouraged our efforts. We quietly rode back to Caen and ended the day with a peaceful dinner at Muriel and Pascal’s home.

On Sunday, we explored Trouville and Deauville, the resort towns made famous by the French impressionists. We were greeted as dignitaries after the police escort to the museum Villa Montebello.

We had a private viewing of the 1880's resort and beachwear exhibit with more champagne and calvados flowing. The Trouville mayor charmed us with Trouville’s history before we strolled to Le Central restaurant for more champagne, toasts and a seafood luncheon. Our fabulous bus driver, who is also a professor, continued our journey in the afternoon to the Calvados distillery to learn how apple cider became world famous. Whoever said "well-made calvados should naturally be reminiscent of apples and pears, balanced with flavors of aging" forgot that old apples and pears may not always be the tastiest of flavors. (Alert: Calvados is definitely an acquired taste for mature adults.) Our last evening in France ended at the Casino in Cabourg with a country music extravaganza provided by Kevin Buckley, our Caen country music star, and his dancers.

tell anyone who will listen that this personal journey reaffirmed my belief in the goodness of others – the French helped me carry my suitcase, one man gave me a transfer ticket and waived any effort to pay him, another fellow let me join him as we passed through a large gatedturnstile with his bike, and a woman took the time to walk me to the correct location to catch the special train to the airport. They all spoke fluent French and English. I returned enthused about my journey and everything French. The NBA Sister Cities program is a treat, an education, a positive experience –and a lot of champagne! n Chancellor Carol McCoy presides over Part II of Chancery Court.

Epilogue: My personal adventure continued on Monday when I had to catch the 7:30 a.m. train to Paris. I took the express to Gare de Lazare, transferred to Gard du Nord (hiking my luggage up three flights of stairs), found the right agent to purchase a ticket to Charles de Gaulle aéroporto and located my gate to head home.

I don't speak French, but I speak friendly – and I am very happy to Nashville Bar Journal - November 2011

17

The Intersection of Civility and Professionalism Continued from page 7

fees, and engage in improper relationships.25 This conduct, depending on its severity, can lead to disciplinary action ranging from a private admonishment to disbarment.

Addressing Incivility The incorporation of civility into professional standards arguably provides greater teeth and incentive for attorneys to behave in a more civil and professional manner. After all, when attorneys enter practice they obligate themselves to uphold the law and abide by the Code of Professional Responsibility.26 Violations of these standards could subject an attorney to discipline, which could mean suspension of the right to practice or even disbarment.27 However, the rules of professional conduct are only triggered when a complaint is filed with the Board of Professional Responsibility.28 On the spectrum of professional misconduct, issues involving incivility may seem trivial. Moreover, when the community tolerates uncivil and unprofessional conduct, the problem may continue unchecked.

1. While filing a complaint against an uncivil attorney with the Board of Professional Responsibility may seem Draconian, these are practical suggestions you can use to address an uncivil attorney. Avoid the temptation to escalate incivility. When an attorney engages in uncivil or unprofessional conduct, maintain courtesy and continue to show respect. Resist the urge to strike back with anger!29 2. Allow yourself some time before firing off an emotionally charged comment, email, or letter. If the incivility manifests itself during a phone conversation or meeting, allow ten seconds, or more, of silence before responding. Speak softer 18

Nashville Bar Journal - November 2011

3.

4.

5.

6.

as your opponent speaks louder.

Incorporate humor, for example, “Does your mother know you talk that way?” Take deliberate steps to defuse rather than escalate tensions. Hold an email or letter for a day before sending.

The goal is to tone down your message and send a more level response.30 Demand civility and respect.

If an attorney disrespects you or your client, or abuses the legal process by using abusive or obstructionist litigation techniques, demand that the attorney’s conduct conform to the rules of professional conduct.

Many times just the mention of the rules of professional conduct is enough to get the other attorney’s conduct back in proper alignment.31 Memorialize incivility on the record. Sometimes memorializing unprofessional conduct in a follow up email or letter is helpful to establish a record of the conduct. It also allows offending attorneys to review the ridiculousness of their conduct in context. This approach, however, is only helpful if you are able to maintain professional conduct.32 Be sincere and take responsibility for errors or mistakes. If your conduct either directly or indirectly has contributed to the uncivil conduct of another attorney, apologize and take responsibility for your behavior.33 Build professional relationships with contentious attorneys. Find some aspect that you admire and respect. Attempt to disarm rudeness with compliments.

Not all encounters with uncivil attorneys can be resolved between the opposing attorneys.

When an attorney’s conduct is continually unprofessional, uncivil, and demonstrates a patent disregard for respect to other attorneys, the legal process, or the rules of professional conduct, a complaint with the Board of Professional Responsibility may be merited.34 Perhaps more civility related complaints may get the attention of attorneys about the need for civility and professionalism.

Promoting Civility Civility and professionalism are interwoven concepts. The rules of professional responsibility underscore this point. Promoting civility starts with assessing your own conduct. How do you interact with other attorneys? Are your relationships with clients in alignment with TRPR? When your conduct rises above the fray, you may inspire others. n Kent M. Weeks is a principal in the law association Weeks & Anderson in Nashville. In addition to practicing law, he has been a professor, college administrator, and author. His practice focuses on legal and policy matters in higher education and he serves as a legal advisor to universities. He earned a law degree from Duke University and a Ph.D in political science from Case Western Reserve University. Weeks’ book, In Search of Civility: Confronting Incivility on the College Campus, was recently published by Morgan James Publishers.

(Endnotes) 1 The author is grateful for the contributions made to this article by his paralegal Ernie E. Gilkes.

2 American Bar Association, Center for Professional Responsibility, Professionalism Codes by State, available at http://www.americanbar.org/groups/ professional_responsibility/resources/professionalism/ professionalism_codes.html.

3 J. Pudlow, Revised admission oath now emphasizes civility, Fl. B. News (Oct. 1, 2011), available at http:// www.floridabar.org/DIVCOM/JN/jnnews01.nsf/RSSFeed/F0058F33EA1FFEFC8525791700476E37.

4 Id. 5 Remarks by Judge Paul L. Friedman, American Bar Association Section on Public Contract Law, Mar. 13, 1998.

6 A.K. Harris, Zealous Advocacy: Duty or Dicta?

Have the “Z” Words Become a Disservice to Lawyers, Ok B. Assoc. (2030), available at www.okbar.org/ articles_03/121303harris.htm.

7 J.S. Kaye, How Do We Make the Standards of Civility Work?, New York State Unified Court System Standards of Civility (Oct. 1997).

8 Id. 9 P.M. Forni, Choosing Civility: The Twenty-Five Rules of Considerate Conduct (2002).

WELCOME NEW NBA MEMBERS

K.M. Weeks, In Search of Civility: Confronting Incivility on the College Campus (2011).

11 Id. 12 W. Shakespeare & F.E. Dolan, The Taming of the Shrew: Texts and Contexts (1996).

13 Pennsylvania v. Wheeling & Belmont Bridge Co., 54 U.S. 518 (1851).

14 Schultz v. Blackford, 77 Tenn. 431 (Tenn. 1882).

15 Tenn. S. Ct. R. 8, Tn. R. Prof. Resp. (Oct. 2010).

16 Id. at Preamble ¶10 17 Id. at Rule 1.3, Rule 8.4, Rule 1.14 (Comment 2), and Rule 4.4.

18 Id. at Preamble ¶10.

19 Id. 20 J.J Ortego & L. Maleson, Under Attack: Profesionalism in the Practice of Law, Nixon Peabody (Sept. 20, 2011), available at www.nixonpeabody.com/publications_detail3.asp?ID=303.

21 A.K. Harris, supra note 6.

22 Nashville Bar Association, Lawyers Creed of Professionalism, retrieved from www.nashvillebar.org/LawyersCreed-Professionalism.hml.

23 Paramount Comm. Inc. v. QVC Network Inc., 637 A.2d 34, 52 n.24 (Del. 1994)(quoting the Honorable Sandra Day O’Connor, Civil Justice Improvements, Speech to American Bar Association, at 5 (Dec. 14, 1993)).

24 Rule 1.3, Rule 1.4, Rule 1.5, Rule 1.7, and Rule 1.8 25 Board of Professional Responsibility of the Tennessee Supreme Court, Thirteenth Annual Report (June 2006), available at www.tbpr.org/NewsAndPublications/AnnualReports/Pdfs/annualreport30th.pdf.

26 Board of Professional Responsibility of the Supreme Court of Tennessee, Filing a Complaint, http://www. tbpr.org/Consumers/FilingAComplaint.aspx.

27 Id. 28 Id. at Rule 8.3.

29 Ron Profit, Civility in the Legal Practice: Practical Tips, Nat’l Mag., available at http://www.cba.org/cba/practicelink/wwp/civilityinthelegalpractice.aspx.

30 Id. 31 Id. 32 Id. 33 Id. 34 W. Shakespeare & F.E. Dolan, supra note 12; Rule 10

8.3.

Sean M. Alexander Lindsey R. Arnold Burr & Forman LLP* Bradley M. Bakker Baker, Donelson, Bearman, Caldwell & Berkowitz, PC* Jason Paul Bobo Metropolitan Department of Law Shanti J. Box Law Office of Mary LaGrone Joy A. Boyd Baker, Donelson, Bearman, Caldwell & Berkowitz, PC* Cindy L. Brown Karla Marie Campbell Branstetter, Stranch & Jennings, PLLC* Carlos M. Chavez-Brin Beth T. Cruz Metropolitan Public Defender Benjamin Grant Dickson Sherrard & Roe, PLC* R. Mark Donnell Jr. MGLAW, PLLC* Meghan Colleen Dougherty Neal & Harwell, PLC* Jonathan Ray Dowell Direct General Corporation Eric Farmer Mart G. Fendley Steven C. Fifield Rocky McElhaney Law Firm, PC Michael A. Friedland Stillman & Friedland Christopher Jay Gilder Metropolitan-Nashville Police Department Megan E. Gore Kathryn L. Hansel Metropolitan Public Defender Corey Nelson Harkey Metropolitan Department of Law April Renee Heidt Baker, Donelson, Bearman, Caldwell & Berkowitz, PC* Ryan Thomas Holt Sherrard & Roe, PLC* Chanelle Acheson Johnson Neal & Harwell, PLC* Jordan E. Jones Lauren Kilgore Burr & Forman LLP* Dean Kim Bridgestone Americas, Inc.

Kevin Christopher Klein Metropolitan Department of Law Christopher Michael Lackey Metropolitan Department of Law Christopher Daniel Lalonde Baker, Donelson, Bearman, Caldwell & Berkowitz, PC* Tae Ho Lee Baker, Donelson, Bearman, Caldwell & Berkowitz, PC* Nicholas C. Mann Elizabeth Brooks McCostlin Baker, Donelson, Bearman, Caldwell & Berkowitz, PC* Craig Louis Meredith Adams and Reese LLP Alexander H. Mills Alan R. Moore Tricia Thor Olson Adams and Reese LLP Anthony A. Orlandi Kaley R. Pennington Katie E. Phillips Daniela G. Quintero Cole D. Rogers Damon R. Romano Benjamin Gray Smith Drescher Heller Pieper Martin, PC* Derrick Charleston Smith Metropolitan Department of Law Maria A. Spear Everhart Law Firm, PLC Daniel A. Stephenson Baker, Donelson, Bearman, Caldwell & Berkowitz, PC* Megan Michelle Sutton Baker, Donelson, Bearman, Caldwell & Berkowitz, PC* Caroline Ross Tippens James Lawrence Trimbach State Volunteer Mutual Insurance Company Jessica Marie Van Dyke Parker, Lawrence, Cantrell & Smith* Clarissa Pendarvis Weathers Robinson, Reagan & Young, PLLC James W. White Jones Hawkins & Farmer, PLC* Claudia L. Whitehorn Maia Tiffany Woodhouse Baker, Donelson, Bearman, Caldwell & Berkowitz, PC* Gulam R. Zade Garfinkle, McLemore & Young, PLLC * Belongs to a 100% Club firm

2012 NBA Premier Members INCLUDE: Gail Vaughn Ashworth Jay S. Bowen C. Dewey Branstetter Jr. Joshua Burgener C. Mark Carver Mark P. Chalos Jonathan Cole Dixie W. Cooper John A. Day John Franklin Floyd Samuel P. Funk Benjamin Ealey Goldammer Charles K. Grant John J. Griffin Jr. Mitch Grissim Jr.

William L. Harbison Marian F. Harrison Trey Harwell Barbara D. Holmes Paul T. Housch William C. Koch Jr. Thomas W. Lawless Richard McGee Robert J. Mendes Jeffrey Mobley Elizabeth Enoch Moore Marlene Eskind Moses Michael I. Mossman Phillip L. North Robert J. Parker

Katharine Elizabeth Phillips Tracy A. Powell Mark Bradley Reagan Edgar M. Rothschild III Thomas J. Sherrard III Emily A. Shouse James Gerard Stranch IV James G. Stranch III Howard H. Vogel James L. Weatherly Jr. Peter Weiss Eleanor K. Wetzel Thomas V. White Nicholas S. Zeppos Nashville Bar Journal - November 2011

19

20

Nashville Bar Journal - November 2011

December 8, 2011

ANNUAL MEETING & BANQUET

wildhorse saloon

WE HOPE TO SEE ALL NBA MEMBERS THERE!

A reception for the general membership is set to begin at 5:30 p.m., with dinner and the program to begin at 7:00 p.m.

The passing of the gavel from President Bob Mendes to President-Elect John Kitch, introduction of the NBA officers for 2012, and award presentations are just a few of the events on the agenda for the evening.

Name:___________________________

 Mail Form to:

BPR#:__________ Phone:_____________

Nashville Bar Association 150 Fourth Avenue North, Suite 1050 Nashville, TN 37219

Email:___________________________

 Or Fax Form or Call:

Guest:_______________ Member?

Member?  Yes  No Guest:_______________ Member?

Member?  Yes  No Guest:_______________ Member?

Member?  Yes  No Guest:_______________ Member?

Member?  Yes  No $_________ Regular Registration - $99 per person

(received before December 1, 2011) $_________ Non-Member or Late Registration - $109

per person (received after December 1, 2011) $_________ TOTAL (All prices include open bar until

8:00 p.m.)

Fax: 255-3026 - Phone: 242-9272



Or Register Online: www.nashvillebar.org







Total Amount: $__________________________ Credit Card #: ___________________________ Exp. Date: ______________ C V V Code: ________ (three digit code on the back of card)

Billing Address: _____________________________ Signature: _______________________________ Nashville Bar Journal - November 2011

21

Disclosure Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, has announced the addition of eight new associate attorneys. Bradley M. Bakker has joined as an associate in the Labor & Employment group, where he focuses his practice on non-compete issues and Fair Labor Standards Act actions. He is a 2007 cum laude graduate of the New York University School of Law. Joy A. Boyd, who joins as an associate in the Business Litigation group, previously served as an Assistant District Attorney in the Seventh Judicial District in Alabama.

She is a 2005 cum laude graduate of the University of Alabama School of Law, where she was the senior articles editor of the Alabama Law Review. April R. Heidt joins as an associate in the Securities and Corporate Governance group, concentrating on matters of private investment and public equity transactions. She is a 2011 honors graduate of the George Washington University Law School. Christopher D. LaLonde, an associate in the Real Estate group, is a 2009 graduate of Vanderbilt University Law School, where he was the executive articles selection editor for the Vanderbilt Journal of Transnational Law. LaLonde is also a licensed real estate broker. Elizabeth B. McCostlin, who joins as an associate in the Advocacy department, where she works on a variety of businessrelated litigation matters. A 2010 graduate of Vanderbilt University School of Law, she was the notes editor for the Vanderbilt Law Review. Daniel A. Stephenson, an associate in the Tax department, concentrates his practice in taxation and corporate law.

He is a 2010 magna cum laude graduate of the University of Mississippi School of Law and received his LL.M. in taxation from New York University School of Law in 2011. Megan Sutton, joins as an associate in the Labor & Employment group. A 2010 magna cum laude graduate of the University of Tennessee College of Law, she was the student materials editor for the Tennessee Law Review and a staff member of the Tennessee Journal of Law & Policy. Maia T. Woodhouse, an associate in the Intellectual Property group, concentrates her practice on intellectual property litigation, including trademark, trade dress, copyright and patent litigation. She is a 2010 graduate of Vanderbilt University Law School.

Ryan M. Lehning has joined Adams and Reese LLP. Lehning formerly served as Senior Counsel for SoundExchange in Washington, DC, the collective designated by the United States Copyright Office to collect and distribute royalties for digital audio sound recording performances to 22

Nashville Bar Journal - November 2011

\Dis*clo”sure\ (n) The act of revealing, releasing or bringing to light relevant information concerning NBA Members & Staff. n Announcements n Kudos n People on the Move n Firm News n

performing artists and record labels. Prior to that, he served as Counsel for Sony BMG Music Entertainment in New York, where he worked with the record company’s law department handling copyright, trademark, e-commerce, new media and other intellectual property matters. Lehning received his J.D. from the Georgetown University Law Center in 2002, and earned his Bachelor of Arts in English and French from Belmont University, in 1997.

Jed Cochran has merged his practice with the Gordon Law Group and continues to represent clients in the areas of Family Law, Juvenile Law, and Civil Litigation. Cochran is licensed and has experience practicing law in both Mississippi and Tennessee and is a member of the Family Law sections of both the Mississippi and Tennessee Bar Associations.

Miller and Martin added three attorneys.

Michael Dumitru has joined the firm’s Commercial Department, with a specific focus on Bankruptcy and Creditor’s Rights.

Dumitru attended Vanderbilt University Law School, where he focused his studies on advocacy. While in law school, Dumitru served as the Chief Justice of the Vanderbilt Moot Court Board. Lin Ye has joined the firm's Corporate Department. Ye graduated from China University of Political Science and Law where she received a Bachelors in Law and a Masters in Civil and Commercial Law. She took the first place in her class in China's Master Candidate National Entrance Test. After completing her undergraduate and graduate studies at China University of Political Science and Law, Ye received her J.D. from the University of Tennessee College of Law where she was on the Dean's List and received the College of Law Scholarship. During her law school career, Ye was selected to serve in the ABA Judicial Intern Opportunity Program. She was also an editor for Transactions: The Tennessee Journal of Business Law. Ashonti Davis practices in the firm’s Litigation Department.

She graduated in 2005 from Berea College in Kentucky where she received a B.A., cum laude, in Speech Communication. Davis received her J.D. from the University of Tennessee College of Law in 2009. While in law school, she was Managing Editor for the Tennessee Journal of Law and Policy, Chair of the Moot Court Board, Member of the Evidence Moot Court Team, and Coordinator of the Street Law Program. After graduation, Davis served a two-year term as a judicial clerk to Judge John W. McClarty in the Tennessee Court of Appeals, Eastern Section.

Adams and Reese received the Corporate Counsel Women of Color® Diversity Award of Excellence, an inaugural award given by the CCWC as a recognition of the firm’s initiatives, outstanding achievement in commitment to diversity and advancement of women attorneys of color. The firm received the award at the 7th Annual Career Strategies Conference in Beverly Hills, California, held on October 6th.

Waller Lansden Dortch & Davis, LLP has added 19 attorneys. Jillean M. Dubatowka joins as an associate and practices in the areas of mergers and acquisitions, venture capital financings (company and investor-side), corporate governance matters and general corporate counseling of private and public companies. Previously Dubatowka was an attorney with DLA Piper, LLP in California. Dubatowka earned her J.D. from Vanderbilt University and graduated with a B.A. in Political Science from the University of California, Los Angeles. Kevin R. Tran joins as an associate. Tran assists clients, primarily in the healthcare industry, in transactional matters, including mergers and acquisitions and joint ventures. Previously Tran was a Capital Markets Associate with Cadwalader, Wickersham & Taft LLP in New York. He earned his J.D. from Vanderbilt University School of Law and earned degrees in economics and history from Yale University.Stephen Quinn joins as an associate practicing in the area of corporate matters with a focus on finance and restructuring. Quinn earned his J.D. from the University of Tennessee College of Law, where he served as a law clerk for the Office of the General Counsel. He earned degrees in history and political science from Washington University in St. Louis. Maralee Downey joins as an associate, representing employers in matters arising under a variety of laws including Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act. Previously Downey was an associate at Perkins Coie, LLP in Seattle, Washington. Downey earned her J.D. from Pepperdine University School of Law and her B.S. from Harding University.

Tremain Mattress joins as an associate representing employers in a wide range of

federal and state employment litigation and administrative proceedings involving alleged employment discrimination, harassment, retaliation, wrongful termination, breach of contract, and wage and hour claims. Previously Mattress practiced with Dow Lohnes, PLLC, in Atlanta, Georgia. He earned a J.D. from Duke University School of Law and a B.S. from Morehouse College. Stephanie Roth joins as an associate. Roth earned her J.D. from Vanderbilt University School of Law, her M.Div from Candler School of Theology at Emory University and her B.A. in religion from Duke University. Prior to pursuing a career in law, Roth was associate pastor at First United Methodist Church in St. Charles, Missouri. Judd Peak joins Waller Lansden as a staff attorney representing employers in matters involving employment discrimination, wage and hour collective actions, unfair business practice claims, Americans with Disabilities Act claims, employee benefits, Family and Medical Leave litigation, and workers’ compensation.

Peak was previously an associate with Frost Brown Todd. Peak earned his J.D. from Vanderbilt University School of Law and his B.A. from Rhodes College. Brian Clifford joins as a staff attorney representing employers against allegations involving harassment, discrimination, retaliation, wage and hour issues and wrongful discharge.

Clifford counsels employers in matters arising under a variety of laws including the Fair Labor Standards Act, the Family and Medical Leave Act, Title VII of the Civil Rights Act of 1964 and the Employee Retirement Income Security Act. Clifford earned a J.D. from the University of Tennessee College of Law and a B.S. from Middle Tennessee State University. Richard Westling joined earlier this year as a partner. With more than 20 years of experience as a litigator, Westling’s practice focuses on white collar defense. He comes from the Washington, D.C office of Ober Kaler, where he chaired the firm’s national Government Investigations and White Collar Defense practice. Westling earned his J.D, cum laude, from Tulane Law School where he served on the Board of Editors of the Tulane Law Review. He earned a B.A. from Sewanee – The University of the South. Christopher W. Hayes joins as an associate representing clients seeking assistance with environmental compliance issues and regulatory matters. Previously Hayes worked closely with the U.S. Department of Homeland Security, U.S. Coast Guard, and the Tennessee Attorney General’s Office. Hayes received his J.D. from the Vermont Law School; earned a M.S. in Environmental and Natural Resource Law, Policy and Management at the University of Tennessee, Chattanooga; and his B.S. in Environmental Policy from Virginia Commonwealth University. Jacquelyne D. Garfield joins as an associate with a focus on complex commercial litigation assisting large corporate clients. Previously Garfield served as an associate with Herrick, Fiestein

LLP in New York. She received her J.D. from Yeshiva University in New York and earned a B.A. in Biological Anthropology from Boston University. Laura P. Merritt joins as an associate with a focus on intellectual property and commercial disputes. Prior to joining Waller Lansden, Merritt was an associate with Baker Donelson Bearman Caldwell & Berkowitz, PC. Merritt earned her J.D. from American University Washington College of Law and her B.A. and B.S. from the University of Florida. Keith Randall joins as an associate with the firm’s trial and appellate litigation practice. Randall earned his J.D. from Vanderbilt University Law School, where he was associate editor of the law review. Prior to law school, Randall earned his B.A. from Vanderbilt University. Jatin Shah joins as a staff attorney in the firm’s real estate practice, focusing on the telecommunications industry. Prior to this, Shah was a contract attorney for Waller Lansden and a multi-state tax specialist for OzburnHessey Logistics LLC in Brentwood.

Shah earned his LL.M (tax) from Dedman School of Law at Southern Methodist University, his J.D. from the Jacob D. Fuchsberg Law Center at Touro College and his B.S. from Rutgers University.

Morgan Jones joins as a staff attorney practicing in the area of commercial real estate. Jones represents clients in the acquisition, development, leasing, financing and disposition of commercial real property. Previously, Jones had a private practice in Chattanooga and was an attorney with Husch Blackwell, LLP. Jones earned his J.D. from the University of Alabama School of Law and his B.S. from Auburn University. Kathy Pennington joins as a staff attorney focusing on corporate real estate. Pennington represents lender and corporate clients in all aspects of secured lending and regulatory compliance, real estate acquisition and financing, and operating leases. Previously, Pennington was an attorney beneath Chief Judge Todd J. Campbell of the U. S. District Court for the Middle District of Tennessee. She earned her J.D. from Vanderbilt University Law School and her B.A. from Yale University. Carol Brass joins as an as-

sociate practicing in the area of healthcare regulatory law. Brass advises healthcare providers on fraud and abuse matters, state and federal anti-kickback regulations, and self-referral prohibitions. She earned her J.D. from Columbia Law School where she was Notes Editor at the Columbia Business Law Review. She earned her B.A., magna cum laude, from the University of California, Los Angeles. David Newman has joined Waller Lansden as affiliated counsel and provides clients with sophisticated international tax planning advice for both outbound and inbound transactions. Previously, Newman was an attorney in the front office of the Office of Associate Chief Counsel (International) of the Internal Revenue Service in Washington, D.C., where he reported directly to the Deputy Associate Chief Counsel (International)-Technical. Newman earned his J.D. from Cornell Law School and graduated with a B.S. in Accounting and Finance from New York University. Judge Alberto R. Gonzales joined Waller Lansden earlier this month as Of Counsel with the firm. Judge Gonzales, the 80th U.S. Attorney General, supports clients served by the firm’s government relations, government investigations and white collar defense teams.

Previously, Judge Gonzales headed a mediation and consulting practice in Austin, Texas and taught and recruited at Texas Tech University. He is an alumnus of Rice University and Harvard Law School and a veteran of the U.S. Air Force.

Linda Rose of Rose Immigration Law Firm was recognized by the Nashville Area Hispanic Chamber of Commerce at its annual Awards Ceremony. Rose received the Outstanding Career Achievement Award, reflecting her firm’s achievements in facilitating legal immigration for employers, workers, and their families in the Hispanic community.

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

DIAL - A - LAWYER Dial-A-Lawyer is held the first Tuesday of each month.

October Volunteers: Tom Lawless Joe Rusnak

Michael Smith Sam Trenchi

To volunteer your time, please contact Wendy Cozby, LRIS Coordinator at wendy.cozby@nashvillebar.org or 242-9272. Pro Bono credit does apply and dinner will be provided.

Nashville Bar Journal - November 2011

23

Classifieds

Office Space CLASS A OFFICE SPACE AVAILABLE: 18th Floor in Landmark Building Downtown, Remarkable Views, Reduced Parking Rates, Shared Conference, Reception Available, Furniture Available; Most Affordable Downtown Nashville Office Space Available Today; 4500, 2500 or entire 11,000 square feet available; Call Chris Hancock @ 615.574.3611 or ema Chris@CumberlandCommercial.com.

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

DOWNTOWN Law firm has office space to rent for two attorneys and assistants, if needed or option 2 attorney can sublease entire suit which will accommodate four to five attorneys and staff. Office is located in the Regions building downtown on the first floor with window view. Includes internet, all utilities, use of copy/fax/scanner, and postage machine. If interested, please e-mail rpnimmo@nimmolaw.com or contact Price Nimmo at 615-244-2244.

DOWNTOWN Prime, A++ office space with two conference rooms for lease in the 5th 3rd Bank Tower, Downtown Nashville. State of the art copier, scanner, fax, high speed internet access, digital phone system and receptionist all provided. Receptionist provided to answer your phone line and greet your clients. $1,750.00 per month. Contact: John Agee @(615)256-5661 or (615)218-7131.

Convenient Cool Springs Location; two private offices for rent $700 or $900/month each located at 370 Mallory Station Rd. Suite 521, Franklin, TN 37067. Both spaces include all utilities except phone, use of common break room and ample parking. Shared support services negotiable and ready for immediate occupancy. green hills Established Green Hills law association has office and adjoining secretarial space available for immediate occupancy. Free parking, excellent on-line and hard-cover Tennessee library, conference rooms, receptionist, and voice mail available. Call 383-3332.

Midtown Midtown : 682 square feet with beautiful view of Centennial Park; $19.15 per square foot with annual increases; available as is or with build-out cost to be prorated over term of sublease; space is newly carpeted and newly painted, with small kitchen area; covered parking; available immediately.

Please call 615-321-5659.

Nashville Bar Journal Classifieds Online at www.nashvillebar.org 24

Nashville Bar Journal - November 2011

OFFICE SPACE DOWNTOWN OFFICE SPACE AVAILABLE NEAR COURTHOUSE Downtown office space available on the first floor in the historic Barristers Building at 329 Union Street in Nashville. Four offices, library, conference room, kitchen, secretary space and reception area available. One block from courthouse, banks and restaurants. Call Jonathan Williams, 615-256-8880.

position WANTED POSITION WANTED Semi-retired attorney desires to learn probate. Available full-time, part-time, or asneeded. Relates well with clients. Has extensive knowledge of Revocable Living Trusts, Beneficiary Trusts, Power of Attorney for Assets, Power of for Attorney for Medical Directive, Nomination of Conservator, Living Wills, and Insurance Preservation Trusts. Call (615) 399-6421.

Advertising: Contact Tina Ashford at tina.ashford@nashvillebar.org or (615) 242-9272

Classified Advertising: Rates: $75 for the first 50 words and $1 for each additional word.

Available Sections: Positions Available, Expert Witness, For Sale, Positions Wanted, Forensic Document Examiner, Technical Support Services, Office Space, Litigation Services, Office Sharing, and Accounting.

For Sale For sale: Turn-Key Estate Planning Practice.

I am retiring after nearly 40 years of legal practice and want to make sure my 2000+ loyal clients are well taken care of. As our population ages, now is a good time to improve your estate planning practice. Sale includes client list, complete data-base, software for producing documents and other client helps, hard copy files to support data base, estate planning newsletter for client mailings, and a week of personal training for those attorneys not that familiar with estate planning. Call 615-444-6629 and I’ll send you a detailed letter.

Advertise your Office Space in the Nashville Bar Journal

CC HOW WILL YOU ADVISE YOUR NON-CITIZEN CRIMINAL CLIENT TO PLEAD? Padilla v. Ky. (U.S. Sup.Ct. 3/31/10) has a profound impact on your duties to your foreign clients. We advise on immigration consequences of crime and handle all immigration matters.

Mention this ad for an NBA member discount on the “Padilla plea memorandum” ($750). Immigration Law Offices of Sean Lewis 615-646-6002 www.MusicCityVisa.com

Office Space Available: Victorian Era home, (+/- 6,300 sq./ ft/) with majestic chandeliers and a grand staircase upon entry, has been renovated into offices. Limited spaces available. We are located on Second Avenue, South, with free parking for attorneys and clients. Call Mary or Stephen at Parker & Crofford (615) 244-2445.

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Elder Law Practice of Timothy L. Takacs

Elder Law is Alzheimer’s Planning

More than 4 million elderly in the U.S. suffer from Alzheimer’s disease.

That’s one out of every ten.

Until there’s a cure, people affected by Alzheimer’s disease will need care and those who love them will need care coordination, decision-making support and legal advice.

For more than a decade our Certified Elder Law Attorney and Elder Care Coordinators have been helping families protect assets, find high-quality care and navigate the long-term care system.

When your clients are facing an Alzheimer’s diagnosis, point them in the right direction.

Call the Elder Law Practice of Timothy L. Takacs.

Serving Middle Tennessee 201 Walton Ferry Road Hendersonville, TN 37075

Voice: (615) 824-2571 Fax: (615) 824-8772

Serving the Cumberland Plateau Region Voice: (931) 268-5761 Fax: (931) 268-1071 Toll-free: (866) 222-3127

Family Website: www.tn-elderlaw.com Professional Education Website: www.elderlaweducation.com

ELDER LAW PRACTICE OF TIMOTHY L. TAKACS