Issuu

Nashville Bar Journal

September 2014 - VOL 14, NO. 8

Can Entrepreneurial Education Restore Faith in Legal Education? J. Mark Phillips

Clerk Work Bart Pickett

8 Tips for Good Media Relations Jeff Bradford

5:30-8:30PM

September 25, 2014

Nashville Bar Association

17th Annual FREE Member Picnic Event

The event begins at 5:30 pm with dinner served at 7:00 pm. The Walk of Fame Park is located centrally downtown between the Country Music Walk of Fame, Downtown Hilton Hotel and the Schermerhorn Symphony Center.

RSVP ONLINE: WWW.NASHVILLEBAR.ORG

A Monthly Publication of the Nashville Bar Association

Articles 6 Can Entrepreneurial Education Restore Faith in Legal Education? 8

Departments 2 4

J. Mark Phillips

Clerk Work Bart Pickett

10 Davidson County Judiciary: New for 2014

CENTER SECTION

13 Nashville Bar Association’s High School Summer Intern Program

14 8 Tips for Good Media Relations

Jeff Bradford

Jane C. Harrison

Columns

Communique • NBA Member Picnic • 2015 Dues/Scholarships • Golden Oldie Reveal • Upcoming Events

CONTINUING LEGAL EDUCATION

Bart Pickett

18 Going Mobile: Tips to Optimize Law Firm Marketing

From the President

Disclosure - Announcements • Kudos • People on the Move • Firm News • In Memory Classified Listings

Golden Oldie

Gadget of the Month

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.

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

NBA Calendar of Events SEPTEMBER 15 - 5 PM Probate/Estate Meeting & Happy Hour

SEPTEMBER 18 - 12 PM Government Lawyers Committee Meeting

SEPTEMBER 16 - 11:45 AM Dues Luncheon

SEPTEMBER 24 - 12 PM Appellate Practice Committee Meeting

SEPTEMBER 16 - 12 PM Ethics Committee Meeting SEPTEMBER 17 - 12 PM Memorial Committee Meeting SEPTEMBER 18 - 11:30 AM CLE Committee Meeting

SEPTEMBER 25 - 8 AM NBF Leadership Forum Opening Workshop

SEPTEMBER 30 - 12 PM NBF Trustees OCTOBER 17 Tennessee Supreme Court Historical Society Cocktail Reception @ The Cordelle (45 Lindsley Avenue, Nashville, TN)

SEPTEMBER 25 - 5:30 PM NBA Free Member Picnic @Hall of Fame Park

Committee Meetings are held at the NBA Offices unless otherwise noted l o= Special Event l Full Calendar online at www.nashvillebar.org

' A Monthly Publication of the Nashville Bar Association

Charles K. Grant, Publisher William T. Ramsey, Editor-in-Chief ramseywt@nealharwell.com

Eleanor Wetzel, Managing Editor eleanorwetzel@jis.nashville.org

From the President

SUPREME COURT JUSTICES RETAINED; ON TO AMENDMENT 2 by:

Charles K. Grant

Journal Staff:

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

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

Editorial Committee: Kelly L. Frey Kathleen Pohlid Tim Ishii Tracy Kane Everette Parrish Bill Ramsey Rita Roberts-Turner Eleanor Wetzel David Winters Victoria Webb

Nashville Bar Association Staff 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 Malinda Moseley CLE Coordinator Judy Phillips CLE Coordinator Vicki Shoulders Membership Coordinator/Office Manager The Nashville Bar Journal, ISSN 1548-7113, is published monthly by the Nashville Bar Association at 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219, (615) 242-9272. Periodicals Postage Paid, Nashville, TN (USPS 021-962). Subscription price: $25 per year. Individual issues: $5 per copy. POSTMASTER: Send address corrections to Nashville Bar Journal, 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219

No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. The Nashville Bar Journal is not responsible for the return or loss of unsolicited manuscripts or for any damage or other injury to unsolicited manuscripts or artwork. All Articles and Letters contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association.

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

Nashville Bar Journal - September 2014

On Election Day, August 7, 2014, Chief Justice Gary Wade and Tennessee Supreme Court Justices Connie Clark and Sharon Lee were retained by strong support of Tennesseans. The justices were retained on average by 56% to 44% of the statewide vote. By any measure, it was the most expensive retention election in Tennessee history with$1.4 million spent on television advertising alone. The nonpartisan group, Justice at Stake1, reported on a post-election poll of Tennessee voters who participated in the election. The poll, conducted by the Republican polling firm of American Viewpoint on the evening of August 7, found that a strong majority opposed partisan politics playing a role in the courts or in retention elections for judges. Eighty-five percent of voters polled said it is "very" or "somewhat" important to keep politics out of the courts, with 70 percent saying "very important." Only time will tell whether the results of the retention election and the two polls will discourage such efforts in the future. ***** Attention now turns to proposed Tennessee Constitutional Amendment 2, also known as the judicial selection amendment, on the ballot this November. This amendment will create a system similar to the federal plan. The governor would appoint appellate and Supreme Court nominees, who then must to be approved by the legislature. Tennesseans would vote to retain or replace the judges after their eight-year terms. This amendment does not impact the 154 trial court judges, who run in local elections every eight years. Amendment 2 appears to enjoy amazingly strong support across the political spectrum. In addition to current Tennessee Governor Bill Haslam, the amendment has received the endorsement of two former governors--Phil Bredesen and Winfield Dunn. Opposing sides in the retention election support the judicial selection amendment, including Lt. Gov. Ron Ramsey and now Chief Justice Sharon Lee. In media reports, Lt. Gov. Ramsey defended his opposition to the three Supreme Court justices while supporting the constitutional amendment, arguing that "a true election" would give legitimacy to the retention election process and "actually help the amendment pass." The lawyers are for it. On December 3, 2013, the Nashville Bar Association's Board of Directors voted to support Amendment 2. It also enjoys the strong support of other bar associations, including the Tennessee Bar Association, the Knoxville, Memphis, and Chattanooga Bar Associations, and the Tennessee Lawyers Association for Women. Business organizations support it. Amendment 2 has received endorsements from statewide business groups such as the Tennessee Chamber of Commerce and Industry, the Tennessee Business Roundtable, and the chambers of commerce of all of the major cities. Other groups lending support include the NAACP, the League of Women Voters, and the Women's Political Collaborative. I will address two of the major arguments in opposition to the judicial selection amendment. One argument hinges on what some call "the Founders' intent" that appellate judges stand for popular elections. The second argument raises the concern of the legislature's role in the selection process.

2014 NBA BOARD OF DIRECTORS

The "Founders' intent" argument maintains that Amendment 2 still violates the Tennessee constitution because "the Founders' original intent," as found in Tennessee's Constitution (Article 6, Section 3), requires the popular election of appellate judges. In my view, this argument fails for two reasons. First, and most obvious, the proposed amendment is to change the state constitution. Whatever the original Founders' intent, the people of Tennessee may rewrite its constitution through the appropriately challenging amendment process. Further, the original Founders' intent argument is flawed because Tennessee's original Constitution did not provide for the popular election of judges. Tennessee's first Constitution went into effect on June 1, 1796, the date of its statehood. The 1796 constitution did not create a state supreme court, providing only for "such superior and inferior courts" as the legislature should create, with judges "elected" by joint ballot of the two houses of the General Assembly.2 In 1853, the constitution was amended to provide for the popular election of Supreme Court judges.3 Regarding the second argument, I believe the concern about the legislature's role in the selection process is overblown. The governor likely would receive strong support in the legislature concerning his judicial appointments, especially in light of the results of the quality of the Governor's appointments and the arduous vetting process used in selecting potential nominees. The passage of Amendment 2 will bring finality to an issue that has plagued our appellate courts for over four decades—the retention election of appellate judges. Those interested in more information on proposed Amendment 2 should visit www.voteyes2.org, or contact Erin Merrick at (615) 726-5644 or at emerrick@ voteyes2.org. n

Charles K. Grant, President Edward D. Lanquist, Jr., President-Elect Dewey Branstetter, First Vice President John C. McLemore, Second Vice President Thomas J. Sherrard, Immediate Past President Stacey Billingsley Cason, Secretary Nicole James, Treasurer Hon. Joe B. Brown, Assistant Treasurer Gareth Aden, General Counsel Hon. Joe P. Binkley, Jr. Kathryn S. Caudle Irwin J. Kuhn Claudia Levy Hon. Randal S. Mashburn Jeffrey Mobley Andrea P. Perry Matt Potempa Sara F. Reynolds Nathan H. Ridley Maria M. Salas Saul Solomon Jocelyn A. Stevenson Overton Thompson, III M. Bernadette Welch

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 ASSOCIATION (Endnotes) 1 Justice at Stake is a nonpartisan, nonprofit organization working to keep America's courts fair and impartial. More on Justice at Stake and its media release concerning the American Viewpoints poll can be found at www.justiceatstake.org. 2 Penny J. White & Malia Reddick, A Response to Professor Fitzpatrick: The Rest of the Story, 75 Tenn. L. Rev. 503 (2008).

At this time, the Tennessee Supreme Court was the only continuing court with appellate jurisdiction. Id. at 508.

Each day, we work hard to help people and businesses in our community. The NBA has a wide variety of services and programs that can help lawyers work smarter, stay informed and keep connected with fellow attorneys. From sole practitioners to the largest firms, from legal aid attorneys to those in private practice, the NBA supports all of us so we can better serve our clients and the justice system. Our Bar Association is much more than just a collection of services. The power of our membership lies in the power of the people.

https://www.facebook.com /NashvilleBarAssociation

@theNashvilleBar

WE are the Bar. And together, we shape the future of the legal profession. Nashville Bar Journal - September 2014

communiqué TUNE AWARD NOTICE

2015 Dues Forms/Scholarships

Nominations are being sought for the John C. Tune Public Service Award to be presented at the Annual Meeting & Banquet on December 4, 2014.

Our dues year ends on October 31, 2014. Look for your new dues statement in the mail in September. Please be sure to return 2015 NBA Dues forms before October 31 so that you may participate in our board elections in November. Remember that the information that you provide us with on your dues form is the information that we will publish next year in our 2015 NBA Attorney Directory. Review your information closely to insure that your listing is correct and return promptly to the NBA Offices.

This award is to be given to the Nashville Bar Association member who has shown the highest degree of dedication not only to his or her work as a lawyer but to the betterment of the community in which he or she lives. The purpose of the award is to recognize members who make outstanding contributions to the greater Nashville area community while distinguishing themselves as practicing attorneys. Because of the nature of the award and the fact that it is to be considered the highest award which can be bestowed upon a member, it was decided that the award did not necessarily have to be given annually, but only when there is someone deserving of this award. If you would like to nominate someone, please provide a detailed letter telling us why you feel the person is deserving. Nominations should be directed to Traci Hollandsworth at 615-242-9272 or traci.hollandsworth@nashvillebar.org.

PREVIOUS TUNE AWARD WINNERS: 1983 John C. Tune 1984 George C. Cate Jr. 1985 Harlan Dodson 1986 Reber Boult 1987 Cecil Branstetter 1988 Harris Gilbert 1989 Wilson Sims 1990 Ruth Kinnard 1991 Avon Williams 1992 Charlie Warfield 1993 Bill Willis 1994 Frank Gorrell (Posthumously) 1995 G. Gordon Bonnyman 1997 Aubrey B. Harwell, Jr. 1998 Jack W. Robinson Sr.

1999 Rebecca Thomas 2000 Valerius Sanford 2001 Margaret Behm 2002 David Vincent 2003 Ashley Wiltshire 2004 Gareth Aden 2005 Chief Justice Frank Drowota 2006 Mayor Bill Purcell 2007 Judge Barbara Haynes 2008 Judge Cissy Daughtrey 2009 Not Presented 2010 Mayor Karl Dean 2011 Bill Ramsey 2012 Harlan Dodson, III 2013 Byron Trauger

The NBA has introduced a Dues Scholarship Fund for the 2015 Dues year to assist attorneys that may wish to join us, but who are currently experiencing financial difficulties. All members will have the opportunity to make a contribution to the fund via the dues form or at any time during the year on the NBA website or by contacting the NBA offices. All contributions will be held in a fund and Dues Scholarships will be awarded as needed for each individual shall equal seventy percent (70%) of the Applicable Dues Amount. If you have any questions regarding your dues form or member benefits please contact Vicki Shoulders at vicki.shoulders@nashvillebar.org or (615) 242-9272.

-Golden Oldies

2015 Directory Photography September 1 - September 30

The photography for the 2014 NBA Photo Directory has been set for September 1st - September 30, 2013. Contact Bob Siddens Photography at (615) 419- 0355 or at bob@ bobsiddensphoto.com if you have any questions or would like to schedule a session.

Nashville Bar Journal - September 2014

Steven L. West correctly identified the individuals in the August 2014 Golden Oldies photo. Pictured are: Tom Pebbles and John Baird.

NBA Free Member Picnic!

RSVP ONLINE: WWW.NASHVILLEBAR.ORG

Event Sponsors: ABA Retirement Funds Program

Exclusive Sponsors: Grumpy’s Bail Bonds Logic Force Consulting Nashville School of Law Professional Design & Printing Thomson Reuters Vocational Economics

NBA Calendar of Events September 25, 2014 NBA Free Member Picnic @Hall of Fame Park -----------------------------------------------------October 17, 2014 Tennessee Supreme Court Historical Society Cocktail Reception @ The Cordelle (45 Lindsley Avenue, Nashville, TN) -----------------------------------------------------October 20, 2014 Happy Hour hosted by Baker Donelson ------------------------------------------------------

November 18, 2014 NBA Swearing-In @ AA Birch Building -----------------------------------------------------November 20, 2014 NBA Fall Memorial Service @ Downtown Presbyterian Church -----------------------------------------------------December 4, 2014 NBA Annual Meeting & Banquet ------------------------------------------------------

Nashville Bar Journal - September 2014

Feature

Can Entrepreneurial Education Restore Faith in Legal Education? by:

J. Mark Phillips

Of all that was lost by the legal industry in the recent recession, perhaps the most difficult to restore is the damage done to the trust and reverence long-enjoyed by law schools. In part due the self-inflicted nature of the wounds, the revelation in 2011, that a number of prominent law schools distorted their job placement numbers has had a lasting impact. As with many calamities, it is not the crisis itself, but the reaction to the crisis that matters most. In this case, a handful of law schools reacted to a dismal job market by inflating their placement numbers and engaging in other fraudulent behaviors aimed at inducing prospective law students to enroll.1 As chronicled by Brian Z. Tamanaha in his widely acclaimed work, Failing Law Schools, law school applications plummeted, law suits inevitably ensued, and despite the fact that many institutions took no part in such practices, the esteem long held by legal academia was deeply tarnished. 2 In recent years, a number of law schools have taken steps to erase this stigma, primarily through enhanced disclosure and greater transparency. However, one path to reestablishing credibility that has not been widely discussed may take the unlikely form of enhancing students’ awareness and preparedness for entrepreneurship within the legal industry—namely, by preparing them for solo practice. Shining a brighter light on solo practice as a viable post-graduate career option would not, as many may fear, be a concession that students cannot get high-paying jobs, but rather a reflection of a longstanding reality. Consider for a moment the fact that solo

Nashville Bar Journal - September 2014

practice is the most consistent and largest sector of legal employment in the United States.3 Luz Herrera, Assistant Professor of Law at Thomas Jefferson School of Law, drew upon historical employment data to conclude that approximately three-fourths of attorneys work in private practice, and of those, over half identify as solo practitioners while another 14% work in offices with five or less attorneys.4 So rather than treating the pursuit of solo practice as a second-tier career choice,5 schools could elevate the discussion of solo practice to better align it with the reality of the legal employment market. By expanding the employment conversation to more fully address the prospects of solo employment at some point in the prospective lawyer’s career, law schools would provide a more transparent picture of the legal job market. Perhaps more importantly, law schools may better manage student expectations and endear them to their joint role in serving the profession. However, simply changing the conversation is clearly not enough. Aspiring solo practitioners will require a unique and targeted set of resources to ready them their independent career track. Such resources would necessarily include a variety of courses on law office management, legal marketing, client management, and law office technology. In addition to course work, law students would also benefit from experiential learning

opportunities and co-curricular practices that enable them to work with mentors and develop practical skill sets. Unfortunately, many experts agree that the vast majority of law schools pay only nominal attention to the development of a solo practitioner skill-set. Professor Herrera laments that despite the viability of solo practice as a career choice, few graduates leave law school with a clear understanding of how to start and manage their own legal practices.6 There appears to be widespread agreement with Herrera’s conclusion. Robert Susskind, a widely published expert in the legal industry, recognizes, in his book, Tomorrow’s Lawyers, the existence of a relative disconnect (and perhaps antipathy) between legal practitioners and legal scholars, and further notes the inadequacy of many schools’ approach to preparing students for 21st Century practice of law.7 Tamanaha echoes this assessment, observing that a previously differentiated legal education system (wherein schools either focused on research or practical training) eventually gave way to a single model of research-focused schools, thus placing skills training on a lower pedestal.8 Steven Harper, author of The Lawyer Bubble, concurs with the need for further training programs for recent graduates pursuing solo or small firm practice, and ventures that such training might even have the added benefit of creating more satisfied legal professionals.9 Yet, despite this dour assessment, the landscape of legal education is in fact changing. Many noteworthy law schools are beginning to find creative ways to integrate solo practitioner training and entrepreneurship education into their curriculum. For instance, the Charlotte School of Law recently launched a Small Practice Center, which not only provides mentorships and seminars on Best Practices within the law, but also houses two experienced solo

practitioners who mentor students while actively practicing.10 In a similar vein, the University of Missouri at Kansas City Law School has developed a Solo and Small Firm Student Program, which in addition to providing courses and seminars also created a Solo and Small Firm Incubator.11 The incubator provides professional office space, hands-on professional assistance and administrative support for newly minted solo practitioners who are building their practice.12 And for students who prefer to learn about entrepreneurship through additional formal education, Duke University has developed the first LLM program in Law and Entrepreneurship.13 This program, which may be pursued alone or as a joint JD/LLM, provides students with a rich exposure to the intersection of law and entrepreneurship that exists within law firms and non-legal start-ups.14

(Endnotes) 1 Brian Z. Tamanah, Failing Law Schools 74-75 (Univ. of Chicago Press 2012). 2

Id. at ix; see also id. at 71-73, 161.

Luz Herrera, Training Lawyer-Entrepreneurs, 89 Den. Univ. L. Rev. 887, 889-90 (2012).

Id.

Id. at 902-05 (discussing Jerome Carlin’s portrait of solo practice in his work, Lawyers on their Own (1962), as well as other recent studies).

Id. at 889.

Robert Susskin, Tomorrow’s Lawyers 135-36 (Oxford Univ. Press 2013).

See supra note 1, at 172.

Steven J. Harper, The Lawyer Bubble 161 (Basic Books: New York 2013). 9

Charlotte School of Law, Small Practice Center Launches (Sept. 21, 2012), http://www.charlottelaw. edu/about/small-practice-center-launches.

University of Missouri-Kansas School of Law, Solo and Small Firm Incubator, http://law.umkc.edu/ careers-cle/solo-and-small-firm-incubator.asp.

Id.

Duke Law, Law & Entrepreneurship, http://law. duke.edu/llmle/.

Id.

Other innovative programs are emerging throughout legal academia, and as whole they represent a trend that should give prospective law students solace. The promotion of solo and small firm practice, coupled with innovative training programs that foster such practice, gives future lawyers a more accurate view of their future profession, and a deeper readiness to succeed in that profession. By dedicating their attention and resources to this topic, law schools stand poised not only to repair the recent fissure between them and their students. But perhaps more importantly, they would also more pragmatically connect their students with reality of the legal profession that awaits them.  J. Mark Phillips, PhD, JD/MBA, is an Assistant Professor of Entrepreneurship at Belmont University’s Massey School of Business and founder of eEsquire.net, a website devoted to entrepreneurship in the legal industry. Mark holds a JD/MBA from New York University as well as a PhD in Entrepreneurship/Law Firm Management from George Washington University Business School.

Nashville Bar Journal - September 2014

Feature

Clerk Work by:

Bart Pickett

Given the ubiquitous title of “clerk”, finding the right one can be tricky. Here is a quick guide to Davidson County’s clerks. Metropolitan Clerk Who: Shannon Hall What: The Metropolitan Clerk is the official records-keeper for Metro. In addition to keeping minutes, resolutions and ordinances coming from the Metropolitan Council, the Metro Clerk is responsible for: • maintaining the Council Member roster and Council Member Committee assignment roster • maintaining the board and commission rosters • certifying of legal documents on behalf of the Metropolitan Government • publishing any required legal notices • maintaining government documents such as Executive Orders, Council Rules of Procedure Contracts and Agreements to which the Metropolitan Government is a party • lobbyist registration • the codification process of ordinances and custodian of the Charter and the Metropolitan Code of Law • the Records Management Center which is responsible for the proper management, storage and secured destruction of departmental documents • the issuance of Burglar/Fire Alarm Permits • the issuance of Solicitation Permits • serving as the secretariat for the Metropolitan Council, the Council Board of Ethical Conduct, and the Alarm Appeals Board. How: The Metro Clerk is appointed by the Mayor and approved by the Metro Council pursuant to the Metropolitan Charter. When: The Metropolitan Clerk serves at the will of the Mayor. Hall has been in this role since her appointment by Mayor Dean in November 2013. Where: The Metropolitan Clerk is located on the second floor of the Historic Courthouse or online at http://www.nashville.gov/Metro-Clerk.aspx. 8

Nashville Bar Journal - September 2014

Davidson County Clerk Who: Brenda Wynn What: The Davidson County Clerk has numerous duties, the largest of which is to maintain records of automobile titles issued in Davidson County. The Davidson County Clerk’s duties also include several types of licenses such as vehicle licenses, marriage licenses, and business licenses. The Davidson County Clerk’s office also handles the issuance of notary applications, collection of sales tax for boats, and the titling of vehicles. How: The Davidson County Clerk is a constitutional officer as established by the Tennessee Constitution. When: The Davidson County Clerk is elected to serve a four-year term. Wynn was appointed by the Metropolitan Council in August 2012, elected by Davidson County voters in 2012, and re-elected in August 2014. Where: The Davidson County Clerk’s main office is located at 700 Second Avenue South, Suite 101. There are also satellite offices throughout the county or online at http://www.nashvilleclerk.com/.

Circuit Court Clerk Who: Richard Rooker What: In Davidson County, the Circuit Court Clerk maintains the records of the eight Circuit Courts and the civil records of the eleven General Sessions Courts. The breadth of cases handled by the Davidson County Circuit Court Clerk has resulted in the operation of four distinct offices - the Circuit Court Clerk’s Office, the Probate Court Clerk’s Office, the General SessionsCivil Division Clerk’s Office and the Traffic Violation Bureau/Traffic Warrant Division, all under the purview of the Clerk. How: The Circuit Court Clerk is established by statute. When: The Circuit Court Clerk serves a four year term and is elected by the people of Davidson County. Rooker was appointed to the office upon the death of his father in 1993. He has been elected subsequently six times. Where: The Davidson County Circuit Court Clerk has its Circuit Court Clerk and Probate Court Clerk offices on the third floor of the Historic Courthouse. The General Sessions-Civil Division Clerk and Traffic Violation Bureau/Traffic Warrant Division offices are located in the A.A. Birch Building or online at http://circuitclerk.nashville.gov/. Clerk & Master Who: Cristi Scott What: The Clerk and Master serves as the filing and support office for the four Chancery Courts of Davidson County. The office administers the dockets; keeps the calendar and permanent records as directed by the chancellors or required by law; sells real and personal property; and deposits and remits judgment funds pursuant to court order and statute as an arm of the court. The role of the office is also partially judicial, hence the “Master” part. The Clerk and Master hears approximately 70 claims annually, including partitions, delinquent tax disputes, ownership of property held by the state, partnership accountings, factual and legal questions in receivership

cases, and any other matter referred by a chancellor. How: The Tennessee Constitution created the office of the Clerk and Master as a constitutional office in the judicial branch of government pursuant to Article VI, § 13. When: The Clerk & Master is appointed for a term of six years by the chancellors. Scott was appointed in December 2003. Where: The Davidson County Clerk and Master’s office is located on the third floor of the Historic Courthouse or online at http://chanceryclerkandmaster.nashville. gov. Criminal Court Clerk Who: Howard Gentry What: The Davidson County Criminal Court Clerk is responsible for performing the clerical duties (hard copy and electronic forms) for the operation of the General Sessions and State Trial Criminal Courts. How: The Tennessee Constitution, Article VI, § 13, allows for the Criminal Court to have a clerk. Pursuant to Metro Code § 14.20, the Criminal Court Clerk shall serve the General Sessions judges and provide necessary clerks to them for the operation of the criminal side of the sessions courts. When: The Criminal Court Clerk is elected every four years. Gentry was initially appointed in 2011, by the Metro Council, elected in 2012, and re-elected in August 2014. Where: The Criminal Court Clerk’s office is on the second floor of the Justice A. A. Birch Building, Suite 2120, or online at http://ccc.nashville.gov.

Juvenile Court Clerk Who: David Smith What: The Juvenile Court Clerk is responsible for all clerical duties for the Juvenile Court Judge and the seven magistrates of the Juvenile Court. The Juvenile Court handles cases affecting minors under 18 years old including: Parentage, Visitation and Child Support; Dependency, Neglect and Abuse; Status Offenses (would not be a crime if committed by an adult, such as Truancy and Unruly behavior); Delinquency, and some miscellaneous charges. How: The Metropolitan Charter, Part II, Article IV, § 1 created the Juvenile Court and the Juvenile Court Clerk. When: The Juvenile Court Clerk is elected every four years. Smith was elected in 2010 and re-elected in August 2014. Where: The Juvenile Court Clerk’s office is located at 100 Woodland Street or online at http://juvenilecourtclerk.nashville. gov.  Bart Pickett is an attorney at the Law Offices of Julie Bhattacharya Peak where he represents Liberty Mutual Group, Inc.’s insureds and customers of its affiliated groups throughout Middle Tennessee. Prior to practicing, Pickett worked as a law clerk for the Honorable Judge Thomas W. Brothers of the Sixth Circuit Court of Davidson County and the Honorable Joseph P. Binkley, Jr. of the Fifth Circuit Court of Davidson County.

Nashville Bar Journal - September 2014

Davidson County Judiciary: New for 2014 by:

Bart Pickett

Whether due to the retirement or the defeat of an incumbent, the recent judicial elections in May and August signaled the ushering in of a few new faces onto the bench in Davidson County. Here is a brief biography of each new jurist. Kelvin Jones, Circuit Court, Division 8 Kelvin Jones comes to the bench after having his own office in private practice. He’s also previously worked at Bass, Berry & Sims, PLLC, as an in-house legal adviser for then Mayor Bill Purcell, and as director of the city's Human Relations Commission. Jones graduated law school from the University of Alabama. He has been licensed to practice in Tennessee since 1998 and in Colorado since 1993. He is married to Denise P. Jones who serves as senior counsel at HCA. They have two children, KJ and Alaina Bryce. Melissa Blackburn, General Sessions, Division II Melissa Blackburn comes to the bench from private practice where she most recently focused on the area of employment law. In addition to private practice, Blackburn also spent five years working as the Director of Annual Giving for Nashville Habitat for Humanity. Blackburn graduated law school from Nashville School of Law and has been licensed to practice in Tennessee since 1993. She is married to local attorney Gary Blackburn. 10 Nashville Bar Journal - September 2014

Lynda Jones, General Sessions, Division IX Lynda Jones comes to the bench after having her own firm, The Jones Law Group, where she represented clients in both civil and criminal matters. Jones graduated from law school from the University of Memphis and has been licensed to practice in Tennessee since 1991. She is married to Matt Kenigson and they have one daughter. Shelia Calloway, Juvenile Court Shelia Calloway most recently served as a magistrate of the Juvenile Court. Calloway worked in the Public Defender’s Office until Judge Betty Adams Green appointed her to magistrate in 2004. She graduated law school from Vanderbilt University and has been licensed to practice in Tennessee since 1995. She is married to Paul Calloway, Jr. and they have one son, Paul Calloway, III.

Nashville Bar Journal - September 2014

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

MONTH

KEEP YOUR GADGETS AND COMPUTERS SECURE— DON’T GET CAUGHT NAKED ON THE INTERNET

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

We could not help but notice all of the publicity about hackers who broke into iCloud accounts belonging to celebrities. Apparently, these hackers were able to post several nude pictures of these celebrities on a website called, “4chan.” Several people have contacted us and queried why a celebrity would post such pictures of themselves and post them to iCloud. Bill responded by saying that he had posted several such pictures of himself, and no one had ever attempted to access them (just kidding!). It is obviously a bad idea to post confidential information, intimate information or data of any kind or other such secret material in storage on the Cloud. In all likelihood, at least some of these celebrities did not even know their pictures were automatically being posted to their respective iCloud accounts. Consequently, we decided that we would use this opportunity to take advantage of all the publicity and write an article about maintaining personal security on the web. 1. Be careful about what you post into the Cloud. We recommend that you turn off automatic photo backups to any sort of Cloud service (unless, of course, your photos, like ours, are G-rated). That is very easy to do on your iPhone, iPad, Smartphone and other tablets. The first rule is at least to be mindful of what you are posting into the Cloud. 2. Use Powerful Password Protection. The best way to make sure you are using secure passwords is to use a password manager. There are several available: LastPass (our favorite), Dashlane 3.0 (another very good one), RoboForm Everywhere, Intuitive 12 Nashville Bar Journal - September 2014

Password 2.9, Keeper, Password Manager, Norton Identity Safe, PasswordBox, RoboForm Desktop 7, and Sticky Password 7. There are others that we aren’t as familiar with: 1Password, Dashlane, KeePass, and SplashID Safe. Many of these password managers are free (such as LastPass and Dashlane). All of these password managers use a type of two-step authentication. Many of them allow you to only access your stored credentials using fingerprint authentication. The best ones allow you to store all your passwords locally, and not in the Cloud. If you are not using one of these password managers, we urge you to consider doing so. 3. Use Anti-Malware and Internet Security Software. Your computer is as vulnerable to several types of attacks: computer viruses, spam, spoofing, phishing and phrming, spyware, keystroke logging, adware, botnets, computer worms, Trojan horses, blended threats, denial of service attacks, and so on. In order to protect against these threats, you need a powerful anti-malware and Internet security software bundle. Our favorite is Malwarebytes. Other great packages are Kaspersky Internet security software, Symantec Norton Internet security software, AVG Internet security software, Bitdefender Total Security software, McAfee Internet Security, Webroot SecureAnywhere Internet Security, and ZoneAlarm Internet Security Suite, and are among the best. 4. Internet Security and Malware Protection for your Smartphones and Tablets. According to all the latest surveys, people spend more time on the Internet using their Smartphones and tablets than they

do on their computers. Consequently, you need protection for those devices as well. In the latest versions of Android (2.2 or higher), you have access to Google’s malware scanner. You can go to settings, click on security and scroll down to verify and fix bugs and vulnerabilities on your Android phones and tablets. In addition, there are a number of antivirus applications that are available for your Smartphones, such as Norton, Bitdefender, Kaspersky, Webroot, Sophos, AVG, Trend Micro, and for IOS: There is not as much malware out there for iPhones or iPads, but it is still there. Most malware for these devices is only a threat if you have “jailbroken” your device. Otherwise, your main danger is having passwords that are easily stolen or guessed. Only a few companies make software that is available in the Apple Store that functions as a malware or virus protector: Sophos and VirusBarrier. Most of all, just remember to practice safe computing. Don’t click on links that are unfamiliar to you. Don’t open emails from people you do not recognize. Don’t send out your login credentials or confidential information in response to emails requesting such information. Don’t post confidential and sensitive information “in the Cloud,” without first encrypting the data. And don’t go looking for those pictures of Bill on iCloud. He has already removed them. See you next month, —Bill & Phil

Nashville Bar Association’s High School Summer Intern Program As a one-of-a-kind opportunity, the Nashville Bar Association’s High School Summer Intern Program provides high achieving minority students “behind the scenes” access to the legal profession. The goal of the program, in conjunction with the Diversity Committee, is to ultimately increase diversity in the Nashville legal community by encouraging minorities to pursue a career in law. This year some 30 area high school students applied, vying for placement at some of Nashville’s top legal organizations. The nine selected students were paired with mentors and spent seven weeks doing everything from categorizing discovery responses and assisting with inmate interviews, to attending depositions and performing clerical work. Most importantly they got a chance to see that the legal profession is nothing like television and several of the students were invited to stay with your employer beyond the seven weeks. The students also participated in Friday “lunch and learn” sessions in which they were introduced to individuals from a variety of legal careers. Highlights included meeting Mayor Karl Dean, Federal District Court Judge William Haynes, Jr., Tennessee Court of Appeals Judge Richard Dinkins, and General Sessions Court Judge Angelita Dalton. Students also participated in “Criminal Law 101 – Panel Discussion & Jail Tour” with attorneys from the Office of the Public Defender and the District Attorney’s Office as well as “Oral Advocacy 101” where they argued both sides of the Northwestern University and College Athletes Players Association case currently before the National Labor Relations Board.

The program continues to be a success thanks to the consistent participation and support from Asurion, Baker Donelson; Bone McAllester Norton; Bradley Arant Boult Cummings; Cornelius & Collins; Bass, Berry & Sims; Sherrard & Roe; Lewis King Krieg & Waldrop; the; Harwell Howard Hyne Gabbert & Manner (H3GM); and the Tennessee Attorney General’s Office. This year’s generous lunch and learn sponsors included H3GM; Baker Donelson; attorney Raquel Bellamy, Sherrard & Roe; Bradley Arant Boult Cummings; Bone McAllester Norton; and Waller. If you are interested in providing an avenue for minority students to gain access to opportunities that will help them pursue their interest in the legal profession or would like to learn more please call Traci Hollandsworth at 615-242-9272. Sub-Committee Members: Andrea Perry, Bone McAllester Norton Chris Bellamy Cornell Kennedy Luther Wright Raquel Bellamy Shameak Belvitt Rita Roberts-Turner, Vanderbilt University Michael Hoskins

Nashville Bar Journal - September 2014

Feature

Tips for Good Media Relations

If I could design the perfect news media source, it would look a lot like a lawyer. Why? Because as counselors and advisors, attorneys are involved in lots of interesting matters. They are also generally intelligent and well-spoken, they are trained to see key points and overarching themes, and they can explain complex matters to everyday people. This is exactly what journalists are looking for.

by:

Most of the sales rules and tips you already know (or will learn) also apply to pitching a news story. Of course, the Number One rule of sales is that you should never try to sell someone. You should help them solve a problem. And to do this you talk in terms of benefits instead of features — i.e., what your product will do for them versus how great the product is.

Note that I said “people you don’t know.” Referrals are still the best way of generating business for attorneys, but this is about leverage the network of people who already know you. To energize your referral network, go this link — http://bit.ly/1om3zzv — to read an excellent blog post by Erin Gagnon, account manager & director of strategy at the Bradford Group.

So, how do you get the news media’s attention? Here are a few tips:

14 Nashville Bar Journal - September 2014

REMEMBER THAT IT’S SALES

Pitching a story to a journalist is like pitching anything else. It’s just sales. If you run a law firm, you already know how to do this. (If you don’t, you won’t be in practice very long.) If you don’t run the firm, you are most likely still expected to generate business, so if you don’t know how to sell, now is the time to learn.

So, why would you want to talk with the media? Because publicity is the best way of letting people you don't know learn who you are and what you know — which makes it more likely that they will call you for help when the need for your particular talents arises.

But, even if you can network like Richard Branson, there will always be many people you don’t know who could use a good lawyer. Publicity is the best way to reach them, because, unlike advertising or other forms of “push marketing,” publicity carries the implied third-party endorsement of the media in which your story appears. It is more believable and more valuable to the reader because she knows that the information she reading, viewing or hearing has been vetted by a media professional whose job it is to present interesting and useful information, not to promote your law practice.

Jeff Bradford

So, this means that if you want a reporter to write about you and/or your firm, you don’t brag about the firm — you tell the reporter what is newsworthy about what you are doing. For example, no reporter cares about a business’s widget unless it is the first, biggest, fastest, etc. widget ever created. It’s about what is new. That’s why they call it “news.”

BUT, THINK LIKE A JOURNALIST, NOT A SALESMAN

That is, know what news is and what it isn’t. (See Point 3 below.) And only share genuine news, not junk. After several tries of pitching stories to a reporter that are obviously not newsworthy — but are simply promotional puffery — that reporter will no longer return your calls. He can’t afford to waste his time

KNOW THE DEFINITION OF NEWS

In general, “news” is something that has not happened before. Or if it has happened before, it is the biggest, fastest, smallest, most expensive, most awarded, most purchased, etc. “First” is always best.

What is news to one journalist may not be to another, however, because of the readers they serve. So, keep the journalist’s readers in mind when pitching a story. Will a lifestyle reporter care about your firm’s recent expansion into a new city? No, but a business reporter probably will. And what is news to your company may not be news in the broader sense. For example, the fact that your firm set a record this quarter for the number of new clients acquired is news that greatly interests you and people in your firm, but is of no interest to anyone else. However, if you set this kind of record during a deep recession when other companies are downsizing, that might be news.

YOU MUST DO SOMETHING

Sometimes, potential clients think that public relations pros create news for their clients. No, what we do is bring to the media’s attention newsworthy things that our clients have done. The key is doing something. You may be a fascinating person, but no one is going to write about you unless you do something. News is about what happens. Not what is simply talked about. So do something: hold an event, create a new practice area, open a new location, buy another firm, argue a case before the U.S. Supreme Court, write a book, analyze legislation, survey an industry you serve, hire a new person. Then you have something to talk about.

LEVERAGE EXISTING NEWS

she has written. Nothing irritates a journalist more than someone pitching her a story that she has already done or one that anyone who read her work knows she would never do.

Editors frequently look for local angles on a national story. For example, if you or your firm is strong in labor law, it would have been a good idea to call the local media a few months ago to offer your analysis of the union vote at the Chattanooga VW plant. Do you specialize in law pertaining to the Internet and digital media? The next time a big national company is hacked and puts millions of its customers at risk of ID theft, call the paper and offer to explain the legal ramifications of this breach. Maybe there’s a story in the Wall Street Journal about big East and West Coast law firms that are experimenting with alternative fee arrangements. If this is something your firm is doing (and it is a positive experience), call the local paper and offer to provide a local example of this national story.

CREATE A SURVEY

Want to establish your firm as the authority in a particular industry? Conduct a survey of the industry and provide the results to the news media. For example, if you have a lot of trucking company clients, and you want more of them, create an online survey about issues that matter to truckers — fuel costs, insurance costs, federal regulations, etc. — and send it out to the entire industry. (Survey Monkey is a great tool for this, as is the online survey tool created by a Tennessee company, Survature.) Then write a press release about the results and distribute it to both the media and to the trucking industry. READ, WATCH OR LISTEN TO THE JOURNALISTS

Before you send an email or pick up the phone to contact a journalist, do her the courtesy of reading what

By reading what she has written before you can tailor your pitch to her needs. It will also give you something in common to talk about. So, when she says “no” to your pitch, you can say, “Okay, I understand, but back in January you wrote about x and y, so that’s why I thought you might want to know about z.” And, chances are, you’ll have her attention, and she will indeed want to know about z. Even if she doesn’t, you’ve at least established credibility, so she is more likely to take your call next time.

TREAT JOURNALIST LIKE PEOPLE, NOT ALIENS

Thanks to “60 Minutes” and other forms of “gotcha” journalism, many people have an erroneous impression of journalists as shadowy types who are out to get them. As a result, they tend to act unnaturally around journalists and treat them like some kind of alien race. You know what? They are just people. Treat them without respect and they are likely to respond in kind. Again, it gets back to Point 1: it’s just sales. If you treat journalists like you treat your clients, you’ll be just fine.  Jeff Bradford is president and CEO of the Bradford Group, a Nashville-based public relations, social media and marketing firm that is well-experienced in working with attorneys and law firms. You can learn more at BradfordGroup.com. Nashville Bar Journal - September 2014

16 Nashville Bar Journal - September 2014

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Nashville Bar Journal - September 2014

Feature

GOING MOBILE:

Tips to Optimize Law Firm Marketing by:

Marketing is mobile. Drive along any street and your eyes are drawn to huge graphics of hamburgers, soft drinks, iced coffee – see, you're already envisioning these billboards and getting hungry. Websites need great graphic content, too, but they have to "drive" people to your website. And that takes a little more savvy analysis. Web marketing relies upon several factors to drive people to your site. There was a time when PPC (pay per click) was about all it took to climb high in the rankings and get yourself noticed. If you're relying upon PPC these days it could be that you're spending more money with little ROI (return on investiment). The complexity of how marketing is evolving on the internet now takes into consideration original written material on your site. Are you socially connected, if so, how well? Are you linked to others in a valuable way? Are you using PPCs to determine content based marketing of you website. Oh, and don't forget that Google could once again change how the algorithms are valued. Confused? You're not alone. Your website must captivate loyal clients and flirt with new clients. Loyal clients are looking for an engaging experience. They want to be wooed, flirted with, flattered, proposed to, and become engaged. Perspective clients want the same. So while you're making sure your website is filling this demand, you also need to make sure that your website is truly mobile. Your mobile market demands that every website seamlessly work on every web based platform they may use. That's a big demand if you don't understand what is out there. Mobile marketing takes on many forms: mobile websites, mobile responsive websites, and apps. For 2014, Forbes revised their list of business essentials to include a website, telephone and mobile app. Forbes knows the marketing value of a mobile society. Did you know that 75% of Americans take their smartphone to the loo? Our need for instant information, shopping and surfing the web dominates our lives – no matter where we are!

18 Nashville Bar Journal - September 2014

Jane C. Harrison

Back when mobile websites were becoming a marketing necessity, web developers created mobile websites that were separate from the fully functional website. Pull up one of these today and you immediately know that you did not land on the website you were looking for. Same company, but not the same wonderful experience to which you are accustomed. For those who have a separate-fromyour-website-mobile-site you should invest in a mobile responsive site. What is the difference between a mobile only and mobile responsive site, you might ask? Hmm, well, think of the difference between the power of a paddle boat and speed boat. Both are boats, both are mobile, but one engages you with all sorts of great features. They both get you around, but one makes the journey fun. While the mobile website gives you basic information and some level of engagement, it is separate from the true website – the website that engaged your clients to begin with. The experience you're giving them with this separate mobile website is paddle boat. While they can do some things from the paddle boat, they can't get around as fast or engage all of the features of your website. Oops, your clients didn't like the separate paddle boat, so now they're looking for a new boat. Client engagement equals client loyalty. A top of the line mobile responsive website is the client's beloved well known site of yours that they expect to engage with on their mobile device. Do I sound prejudiced? Yes, I am! I want all the bells and whistles associated with a site while I working from my smartphone. Don't you?

So should every website be mobile optimized? In true lawyerly fashion my answer is, "It depends." Client engagement and increased business along with creating a healthy bottom line need to be carefully analyzed. Personally I think every website should be mobile optimized, but for some it makes more sense to go with an app first. Speaking of apps, we've not even talked about apps, yet! As we said earlier, Forbes has updated the list of business essentials to include a website and an app. Why an app? What will an app do for your business? In true lawyerly fashion I will once again state, "It depends!" Apps are great for businesses with a large loyal client base or businesses wanting to provide users with a unique service they do or provide. Loyal clients will share your app with potential clients. Over 70% of referrals are not acted upon. Why? People lose the contact information or don't have enough information about the referral to engage interest. An app goes directly to a potential client's smartphone from the referring friend. They can now see who you are, that you are a savvy business because you have an app and they can call you directly from the app. Bingo! New client! Another great app feature is for businesses that need to impart private information to specific people – think documents shared via a direct pipeline to only those individuals who should be privy. With an app documents and communication go directly to the intended person or group – they don't get caught in spam. Communication is immediate. Personal injury attorneys with apps see about a 28% increase in billable hours. Now that's a good ROI. So which is it, a mobile app or a mobile optimized website? Both have great ROIs. But which one or both, depends. Don't get frustrated, yet! Think about a few things first. What is the average age of your clients? How much communication do you want/need with clients? Do you have the type of practice that would benefit from an app? How much referral business would you like to see? As you can see, marketing is more than a billboard or phonebook. Our common vernacular for research is to "Google" something. Google controls how we fair in the search process by changing how they rate website engagement. How you position yourself on the World Wide Web is important for business longevity. Mobile optimized website, apps, social media, original content... on and on. It all adds up. In today's market you will have to be mobile optimized in one way or another to remain relevant. Marketing, yes it is complex!  Jane Harrison is with the Nashville office of WSI WebSense, a global digital marketing company with over 20 years of experience and knowledge offering digital solutions for Site, Search, Social and Mobile.

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Nashville Bar Journal - September 2014

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NASHVILLE BAR ASSOCIATION Benefits of Membership

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

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

20 Nashville Bar Journal - September 2014

CLE’s, committee work, and Young Lawyer Division events and community projects to build your network of contacts throughout Nashville and surrounding counties. • Learn from the Experts Attend NBA CLEs to hear from law practice leaders who will share their expertise and practical experience. Be educated, enlightened, and even entertained by keynote speakers and other special guests from the legal community—local, regional, and national. • Be a Leader Set the pace in the legal community by serving on committees, publishing Nashville Bar Journal articles, helping produce or present CLE seminars, joining the Young Lawyers Division, participating on the NBA Board, or working with the Nashville Bar Foundation. • Refresh and Renew Yourself Take time out from your daily routine to attend a Bar event or activity—such as the annual Golf Tournament, Free Member Picnic or one of our many Happy Hour gatherings—and catch up with old friends or unwind with new ones.

YOU CHOOSE THE CHECKING WE’LL PAY YOUR NBA DUES Open a First Tennessee checking account with direct deposit, and we’ll pay your Nashville Bar Association membership dues (currently a $245 value) for one year. We have several great checking options you can choose – each available with the convenience of free Banking Online and Mobile Banking. Learn more at FTB.com/checking or present this ad at any financial center in Middle Tennessee. See terms and conditions below for offer details.*

* Terms and Conditions: Offer valid for enrollment of Nashville Bar Association membership year beginning November 1, 2014. Offer expires December 31, 2014. You must present this printed

offer at a financial center in Middle Tennessee when you open your checking account. Minimum opening deposit is $100, and cannot be transferred from an existing First Tennessee account. Cannot be combined with other checking offers or promotions. Accounts opened online are not eligible . You must be a new checking household, which means that no member of your immediate household has had an open First Tennessee consumer checking account in the previous 12 months. A direct deposit must post to this account within 60 days. You agree to maintain the account in good standing for at least 6 months. If you meet the conditions of this offer, you will receive a voucher in the mail within 6 weeks of your first direct deposit. You will be able to present this voucher to the Nashville Bar Association. The Association will then return it to us, and we will pay to them your dues for your one year of NBA membership. Upon delivery of the voucher to you, First Tennessee is required to report the $245 value as interest income on Form 1099-INT. This voucher is non-transferable, cannot be redeemed for cash or any alternative bonus, and must be presented by you to the Association by March 31, 2015. FSR: Use promo code NBADUE. ©2014 First Tennessee Bank National Association. Member FDIC.

Nashville Bar Journal - September 2014

Disclosure Tom Sherrard, Founding Partner of Nashville law firm Sherrard & Roe, has been named Nashvillian of the Year by Easter Seals Tennessee. The annual honor goes to a business individual that conveys Nashville’s spirit while demonstrating a commitment to the positive growth and economic development of the city. Sherrard has practiced and taught in the areas of corporate law, corporate finance, mergers and acquisitions, securities law and commercial transactions for more than 40 years. During that time, he served as full-time faculty and Adjunct Professor at Vanderbilt University Law School, as well as Adjunct Professor in the Owen Graduate School of Management at Vanderbilt. Sherrard serves as Chairman of Nashville’s Agenda Steering Committee, Chairman of the Nashville Public Education Foundation, and Board Member and Immediate Past President of the Nashville Bar Association. Samuel L. Felker of Baker Donelson has been elected chair of the Metropolitan Board of Health. The role of the Metropolitan Board of Health is to oversee the Metro Health Department and administer and control public health for the Metropolitan Government of Nashville and Davidson County. A shareholder in Baker Donelson's Nashville office, Felker is a member of the firm’s Product Liability and Mass Tort Group. He has served on the Metropolitan Board of Health for the past six years. He is also active in numerous other community organizations, including the Human Rights Campaign, Tennessee Equality Project, Stonewall Bar Association, the Nashville LGBT Chamber of Commerce and Nashville Cares.

\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 Torry Johnson to join Belmont College of Law. After serving as Metro Nashville and Davidson County District Attorney General for 27 years, Torry Johnson retired on Aug. 31 and is preparing to join Belmont University’s College of Law as an esteemed Visiting Professor in January 2015. Appointed to Davidson County District Attorney General in 1987, and then elected for three consecutive eight-year terms, Johnson has served the communities of Middle Tennessee for the majority of his career, garnering numerous legal, leadership and community service awards along the way. Nicole E. Jumper has joined the law firm of Sherrard & Roe, PLC as an associate in the Corporate practice group. Jumper earned her Juris Doctor at the University of Tennessee College of Law in 2009. She served as second year editor and student materials editor of the Tennessee Law Review and was on the Dean’s List with high honors. She graduated cum laude from Vanderbilt University with a Bachelor of Arts in Spanish and art history. She is a member of the Nashville Bar Association, where she is a Board Member of the Young Lawyers Division. She is also a member of the Tennessee Bar Association and the American Bar Association.

Judge Frank G. Clement has been elected to The Tennessee Bar Foundation’s Board of Trustees. Clement was appointed to the Tennessee Court of Appeals in 2003. Prior to his appointment, he was engaged in the private practice of law. His term will run 2014 until 2016. Paul C. Ney, Jr. has been elected to The Tennessee Bar Foundation’s Board of Trustees. Ney, shareholder at Waddey Patterson, P.C., Nashville, is a registered patent attorney and has a career that includes leadership roles with the military, local government, and more than 20 years in law. He will serve the board as treasurer for a three-year term, 2014 through 2017.

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

August Volunteers: Helen Cornell Gina Crawley Chris Hugan Tom Lawless Joe Rusnak Siew-Ling Shea Cully Ward 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.

22 Nashville Bar Journal - September 2014

LEGAL AID SOCIETY OF MIDDLE TENNESSEE AND THE CUMBERLANDS PEOPLE'S LAW SCHOOL The People’s Law School is a free program that provides an overview of common civil legal issues that a person might face. Taught by Legal Aid Society attorneys and volunteer attorneys, the weekly, one-hour classes will be held from 6 to 7 p.m. on Mondays at Wright Middle School, 180 McCall Street and on Thursdays at Cohn Learning Center, 4805 Park Avenue. Offered September through November in partnership with the Nashville Community Education Commission, the classes will focus on a different legal topic each week. Anyone can register for one or several classes at either location. To register, call the Nashville Community Education Commission at (615) 298-8050. Or go to the website, nashville.gov/ce. The following classes will be held Monday at 6 p.m. at Wright Middle School: (September 22) Renters’ Rights (September 29) Social Security Options (October 20) The New Healthcare Law (October 27) Dealing with Bill Collectors (November 3) Basics of Consumer Bankruptcy (November 10) Medicaid for Nursing Home and Home Care (November 17) U.S. Immigration: Understanding How it Works

The following classes will be held Thursday at 6 p.m. in Room 110 at Cohn Learning Center: (September 18) Medicaid for Nursing Home and Home Care (October 2) Basics of Consumer Bankruptcy (October 16) Renters’ Rights (October 23) Social Security Options (October 30) Basic Estate Planning 1 (November 6) (November 13) The New Healthcare Law (November 13) Child Support Basics (November 20) U.S. Immigration

2014 NBA Premier Members INCLUDE: Elizabeth A. Alexander Gail Vaughn Ashworth Kathryn E. Barnett Charles H. Beaty Thomas Beck Barbara Bennett Charles W. Bone Jay S. Bowen C. Dewey Branstetter Jr. Joe B. Brown Kenneth Sherman Byrd Kathryn Caudle Mark P. Chalos John Ray Clemmons Dixie W. Cooper Patricia J. Cottrell John A. Day John Franklin Floyd Charles K. Grant John J. Griffin Jr. William L. Harbison Marian F. Harrison Trey Harwell Paul T. Housch R. Jan Jennings Chris Johnson John D. Kitch William C. Koch Jr. Edward Dodson Lanquist Jr. Thomas W. Lawless

Claudia Vettel Levy Richard Wesley Littlehale Randal S. Mashburn Amanda J. McClendon Jeffrey Mobley Marlene Eskind Moses Patricia Head Moskal Michael I. Mossman Dean Newton Elliott Ozment Gregory J. Pease Tracy A. Powell Benjamin M. Rose Edgar M. Rothschild III Maria M. Salas Quindal Segall Thomas J. Sherrard III Emily A. Shouse Saul A. Solomon Michael G. Stewart James Gerard Stranch IV Hon. Aleta Arthur Trauger Irwin Bruce Venick Howard H. Vogel Michael J. Wall James L. Weatherly Jr. Peter Weiss Thomas V. White Larry R. Williams Nicholas S. Zeppos

Welcome New NBA Members! Matthew Barnes Elizabeth Greene Edward Herbert R. Rose Hernandez Saev Hernandez Immigration Practice, PLLC Robert Perry Woodmont Investment Counsel, LLC Matthew Pierce Torrey Samson

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

NBA Premier Membership is a special category that recognizes our members who desire to demonstrate the utmost in commitment and support to the NBA Programs & Services. Contact Vicki Shoulders (615.242.9272, vicki.shoulders@nashvillebar.org) for details. Nashville Bar Journal - September 2014

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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. MIDTOWN OFFICE Established Nashville law firm in convenient location offering sublease for one interior office, use of two conference rooms, kitchen, reception area and copier, one reserved parking space, free client parking, janitorial services, phone, and Internet. $1,250/month with receptionist services or $1,000/month without. Contact info@visionmanagement.CO.

Expert Witness

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

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

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24 Nashville Bar Journal - September 2014

Elder Law Practice of Timothy L. Takacs ..................................................... Back Cover IPSCO .............................. Inside Back Cover First Tennessee Bank ................................. 21 LOEWS .......................................Front Cover NBA Directory Purchase Form.................. 17 Tennessee Mediators................................. 11 Wolf Creek............................................... 19 NBA Career Center .................................. 24 Thomson Reuters ......................................20

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

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

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

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

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Elder Law Practice of Timothy L. Takacs

Help Your Clients Solve the Long-Term Care Puzzle During the long-term illness or disability of aging loved ones, your clients may discover that the pieces don’t always fall into place.

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

Middle Tennessee: (615) 824-2571 Toll-Free: (866) 222-3127 Family Website: www.tn-elderlaw.com Professional Education Website: www.elderlaweducation.com

Life Care Planning Elder Law Estate Planning Care Coordination