TN Young Lawyer Sp by mikeholy

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									                                                                                                              •     VO LU M E 3                                    •     ISSUE 3                   •       SPRING 2008


New ‘No-Match’ Rules?
The current state of these on-again, off-again regulations                                                                                                         2008-2009 YLD
By Sonda Gifford                                                                                                                                                   Election Update
      or years, the Social Security Adminis-

F     tration (SSA) has sent “no-match”
      letters to employers if the name and
Social Security number (SSN) reported on a                                                                                                                         I
                                                                                                                                                                      ndividuals interested in serving on
                                                                                                                                                                      the 2008-2009 YLD Board had to
                                                                                                                                                                      submit nomination petitions to the
worker’s W-2 form did not match informa-                                                                                                                           YLD secretary by April 1. Individuals
tion contained in SSA databases. The                                                                                                                               unopposed in their nominations were
no-match letters were never considered rea-                                                                                                                        deemed elected that day. Contested
son to believe an employee did not have                                                                                                                            elections will be decided by secret ballot
permission to work in the United States. In                                                                                                                        at the division’s annual membership
fact, there are many innocent reasons for dis-                                                                                                                     meeting at 4 p.m. Thursday, June 12 at
crepancies such as clerical mistakes, name                                                                                                                         the Gatlinburg Convention Center.
changes due to marriage and divorce, and use                                                                                                                       Vacancies will be filled pursuant to the
of multiple surnames, which is common in                                                                                                                           division’s bylaws. Nominated candidates
many parts of the world. Employers who                                                                                                                             will be subject to a vote of the full mem-
received no-match letters therefore were                                                                                                                           bership on June 12.
advised not to infer anything regarding the
immigration status of the employees identi-                                                                                                                        Uncontested Elections
fied in the communication.                                                                                                                                         The following individuals were unop-
   That changed on Aug. 15, 2007, when                                                                                                                             posed in their nominations and were
the U.S. Department of Homeland Security                                                                                                                           deemed to have been elected:
(DHS) published a final rule that allows the                                                                                                                       • Secretary
department to use the no-match letter as evi-                                                                                                                         Mary Beth Haltom, Lewis King
dence of wrongdoing, unless the employer                                 discrepancy is because of typographi-                                                        Krieg & Waldrop PC, Nashville
takes specific steps to protect itself. The rule                         cal, transcribing or similar clerical                                                     • Treasurer*
lays out what employers should do in order to                            error in its records or in its communi-                                                      Mason Wilson, Baker Donelson
benefit from this so-called safe harbor protec-                          cation to the SSA or DHS.                                                                    Bearman Caldwell & Berkowitz PC,
tion after they receive a no-match letter.                               a. If there is an error, the employer                                                        Memphis
DHS further declared that if an employer fol-                                should correct its records, inform                                                    • West TN Governor
lowed the procedures set forth in the rule, it                               the relevant agency, and verify that                                                     Chad Dickson, FedEx Trade Net-
would not use the letter as evidence that the                                the corrected name and SSN match                                                         works, Memphis
employer knowingly hired undocumented                                        agency records (either over the                                                       • District 2 Representative
workers. To benefit from the safe harbor pro-                                phone or by using the Internet).                                                         Michael Sayne, Gentry Tipton &
tection, a “reasonable” employer should take                             b. If the records match the communi-                                                         McLemore PC, Knoxville
the following steps:                                                         cation, the employer should                                                           • District 6 Representative
   1. Within 30 days of receiving a no-                                      “promptly” ask the employee to                                                           Rachel Moses, Legal Aid Society,
       match letter, the employer should                                     confirm that its records are correct.                                                    Cookeville
       check its records to determine if the                                                    continued on page 5                                                                   continued on page 7

                        • President’s Corner . . . . . . . . . . . . . . . . 2      •   CLE Calendar . . . . . . . . . . . .   .   .   .   .   .   .   .   .   4     •   Barely Legal . . . . . . . . .    .   .   .   .   .   .   .   .   .   .   .   12
  INSIDE                • Spotlight on Tennessee Law Schools . . . . . 3
                        • Revamped ‘Bridge the Gap’ CLE Begins
                                                                                        YLD in the Community . . . . .
                                                                                        2008 Mock Trial Competition.
                                                                                                                                                                         TYL People . . . . . . . . . .
                                                                                                                                                                         Practice Tips . . . . . . . . .
                          New YLD Tradition . . . . . . . . . . . . . . . . . . 4   •   Competition Details . . . . . . .      .   .   .   .   .   .   .   .   9     •   TBA Annual Convention             .   .   .   .   .   .   .   .   .   .   .   16
                                 T     E     N      N      E     S     S     E     E          Y     O      U      N      G           L     A     W       Y     E     R

A Good Lesson In Professionalism
By Jason Long

    ’m in trouble. I promised the editors of                    tament to our profession and the

I   this publication that I would finish my
    column two weeks ago. To make mat-
ters worse, I know they’ve worked
                                                                competition that such nice kids
                                                                could do so well.
                                                                    When I was a teenager, my
                                                                                                                                                                      Jason Long is the 2007 –
                                                                                                                                                                      2008 YLD president. He
diligently to collect and polish all of the                     sport of choice was golf. I was                                                                       practices law in Knoxville
submissions for this issue and await only                       the tallest and biggest kid in my                                                                     with London & Amburn PC
my article. I alone am holding up publica-                      school and nearly everyone pre-                                                                       and can be reached at
tion at this point. With all due apologies to                   sumed I would spend my                                                                      
our editors, I’m glad I procrastinated.                         athletic career on the football
    If I hadn’t put off finishing this article, I               field or basketball court. Those
wouldn’t have been able to write about                          people clearly didn’t recognize
what I saw last weekend. I just returned                        my lack of athletic skill. Moreover, I just                                        dents, though not openly rooting for their
from Nashville after watching the champi-                       didn’t have that “killer instinct” to be ruth-                                     opposition, gave one another every fair
onship round of the State High School                           less when necessary. My mom even teased                                            and reasonable opportunity to present
Mock Trial Competition. I saw St. Mary’s                        me about it! She said that if I played foot-                                       their best arguments. The result was that
Episcopal School of Memphis defeat                              ball, I would spend more time apologizing                                          both sides excelled in a trial devoid of friv-
Brentwood Academy of Nashville in a                             to opposing players for knocking them                                              olous objections and evasive answers.
close and hard-fought final round. What                         down than actually playing the game. Phil                                             I’ve often heard (usually when lawyers
made the round so exceptional — aside                           Fulmer would not have been impressed.                                              are defending their reasons for represent-
from the students’ impressive procedural                            Golf, though, it intrigued me. It was a                                        ing an unpopular case) that our system of
knowledge, command of the courtroom                             mental sport that didn’t require tremendous                                        justice works best when it is adversarial.
and persuasive arguments — was the con-                         athleticism for proficiency. In golf, the goal                                     Justice is served when both sides can
geniality and professionalism of the mock                       is not to beat an opponent into submission;                                        aggressively defend their positions and
attorneys before the bar.                                       it’s to prove one’s self against the course. I                                     defend them well. I agree with that. How-
    There is no way around it — they were                       will never forget playing in the regional                                          ever, to make it work, we as lawyers have
nice kids. Moreover, they conducted them-                       championship my senior year. I was paired                                          an obligation to make sure that we “cheer”
selves like professionals. They didn’t berate                   with a player from our school’s chief rival —                                      for the other side. We should encourage
witnesses to coerce favorable testimony.                        a guy I had known and played golf with                                             our opponents to perform as well as possi-
They didn’t argue with opposing counsel                         since we were young. We were in the mid-                                           ble and push ourselves to do the same. It
during objections to evidence. These high                       dle of a tight match that likely would decide                                      will make us all better attorneys and lead
schoolers had been well coached to be                           which team advanced to the state tourna-                                           to civilized, congenial and educated dis-
civil, even cordial to one another. It’s a tes-                 ment. Somewhere along the back nine, I hit                                         course that is worthy of a “profession.”
                                                                a beautiful flop shot over a bunker to the                                         This means not only embracing the chal-
                                                                pin (the kind of shot I dream that I could                                         lenge of a strong adversary but also
                                                                hit today). The ball landed next to the hole                                       avoiding tactics intended merely to frus-
Staff                                                           and my opponent yelled, “check.” For those                                         trate opponents and obfuscate issues.
➤   MASON WILSON, CO -EDITOR                                    unfamiliar with golf terminology, he was                                              Watching the high school students
➤   HANSON TIPTON, CO -EDITOR                                   encouraging my ball to spin and stop right                                         present the mock trial case last weekend
➤   STACEY SHRADER, YLD DIRECTOR                                there next to the pin rather than roll fur-                                        made me proud. I don’t know whether
                                                                ther down the green. In that moment, I                                             any of them intend to become lawyers. I
STATEMENTS OR OPINIONS EXPRESSED IN THIS                        realized why I appreciated golf so much. I                                         certainly think some will, as they showed
PUBLICATION ARE THOSE OF THE AUTHORS AND                        was playing a sport in which we, as com-                                           a great aptitude for it. I do know that
DO NOT NECESSARILY REFLECT THOSE OF THE                         petitors, encouraged our adversaries to                                            they reminded me why I enjoy practicing
TENNESSEE BAR ASSOCIATION, ITS OFFICERS,                        excel. My friend wanted to beat me, but he                                         law. Thank you to the Mock Trial Com-
BOARD OR STAFF.                                                 wanted to beat me at my very best.                                                 mittee for hosting an event where the
                                                                     It’s rare to see that in competition. But                                     best parts of our profession are on such
                                                                I saw it again Saturday as high school stu-                                        prominent display. ■

             TENNESSEE BAR
             A S S O C I A T I O N

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                                 T   E   N   N   E   S   S   E   E          Y      O      U         N   G   L   A    W    Y   E   R

This Year at the Nashville School of Law…
By Chelsea Nicholson

      his year marks the third year for the      Bar Association

T     Nashville School of Law’s new cam-
      pus on Armory Oaks Drive. I was
part of the inaugural class that occupied
                                                 this year. With 44
                                                 new members join-
                                                 ing, the school was
the building in 2005, and have watched           22       percentage
fellow students, professors and visiting         points ahead of its
speakers adjust to the school’s new home.        closest rival based
The trickiest thing seems to be the new          on the total num-
“high-tech” computer projector screens. I        ber of new student
have seen many distinguished judges and          members         who

                                                                                                                                                                   NASHVILLE SCHOOL OF LAW
lawyers from all over Middle Tennessee try       joined this year.
to figure out how to work them. Some are             Also this year,
better than others. One thing is for sure:       the        students’
we are all learning!                             favorite constitu-
    This year, the Nashville School of Law       tional law professor,
Legal Society hosted three guest lectures        Tennessee Court of
with practicing lawyers and NSL gradu-           Appeals       Judge
ates, including Charles M. “Chip” Cain,          William       Koch, Nashville School of Law’s reputation for excellence and the distinguished
Metro Law Director Sue B. Cain, Charles          became Tennessee careers of its graduates have created an increasing demand for enrollment.
M. Duke and Doug Thurman. These lec-             Supreme       Court
tures offer an opportunity for students to       Justice Koch. After the appointment, we           We’ve come a long way from the old
hear about the practical side of practicing      thought there would be some kind of YMCA building, but the learners of law by
law. There is always an abundance of grad-       change: either our prof would be taller or night will continue business as usual. ■
uates willing to speak to students about         the outline would get tougher. But we were
the law and how to get started making a          relieved to find even though the title
career out of our chosen profession. The         changed, he had not.                           Chelsea is a 3L at the Nashville School of Law
lectures are open to all students, who very          The annual NSL Recognition Dinner and an intern with the Davidson County Metro
much enjoy hearing lawyers’ tales from           will end the 2007-2008 school year. Public Defender’s Office. She also provides
night law school alumni.                         Another class will say farewell and head freelance writing and research for the Freemon
    The Nashville School of Law also             out into the world of practicing law in Law Firm in Lawrenceburg; Hardin, Parkes,
maintained its lead over Tennessee’s three       their chosen fields. But in the fall, the Kelley and Carter PLLC in Columbia; and
other law schools in recruiting the most         doors will open again to new night law stu- Lenter & Sirgo in Nashville. She can be
student members to join the Tennessee            dents, just as they have since 1911.           reached at

This Year at the University of Tennessee College of Law…
By Chloe Akers
      his year marked the 60th anniversary       lecturers to visit the law school this past                        Justice.” A five-hour CLE, the program

T     of the College of Law’s Legal Clinic.
      The celebration included a writing
workshop for current clinical professors
                                                 year. Delaware Supreme Court Justice
                                                 Randy J. Holland, ACLU attorney and vot-
                                                 ing rights expert Nancy Abudu, and
                                                                                                                    centered on the war crime trials of the
                                                                                                                    Dachau Concentration Camp. Joshua
                                                                                                                    Greene, a documentarian, author of Justice
and various scholarly presentations on           environmental advocate and West Virginia                           at Dachau and professor of religion at Hofs-
emerging issues in clinical education. Also      University professor Patrick McGinley, are                         tra University, traced the work of
as part of the celebration, Bryan Steven-        just a few examples of other speakers stu-                         prosecutor Bill Denson. Douglas Bates III,
son, executive director of the Equal Justice     dents had the opportunity to hear. Also,                           Centerville attorney and UT Law graduate,
Initiative of Alabama and professor of law       under the new leadership of Professor Penny                        did the same for his father and lead defense
at New York University, delivered a mov-         White, the Advocacy Center presented lec-                          counsel MAJ Douglas Bates II. Interest-
ing keynote address.                             tures from renowned trial attorneys Michael                        ingly, Douglas Bates IV and William Grady,
   While Professor Stevenson’s speech at         Tigar and James McElhaney.                                         both third year law students, recreated the
the clinic celebration was applicable to my         In addition to the speakers mentioned                           closing arguments from the trial.
personal study of criminal law, he was only      above, the College of Law recently hosted a                           Also this year, our faculty was supple-
one of a variety of distinguished and diverse    unique and creative program titled “To Do                                                  continued on page 13

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                              T    E     N      N      E     S     S      E     E          Y      O      U     N      G           L     A     W       Y     E      R

Revamped ‘Bridge the Gap’ CLE Begins New YLD Tradition
By Candice Reed
        n Friday, February 15, new attor-                    dees and TBA YLD members gathered at                                               points out that the New Lawyer Experi-

O       neys in Knoxville, Nashville and
        Memphis gathered in their respec-
tive cities to participate in the first annual
                                                             local watering holes to enjoy networking
                                                             with new colleagues.
                                                                The New Lawyer Experience was truly an
                                                                                                                                                ence provides an opportunity for newly
                                                                                                                                                licensed attorneys to gain invaluable wis-
                                                                                                                                                dom and mentoring from many of the bar’s
New Lawyer Experience. The course,                           ambitious undertaking and special thanks is                                        experienced practitioners — a program she
designed by the TBA Young Lawyers Divi-                      due the YLD CLE Committee members,                                                 says she needed years ago when fresh out of
sion, was offered to help new associates                     especially city captains Carol Anne Long                                           law school and “painfully inexperienced.”
bridge the gap between law school —
where they prepared for a legal career —                     Read President Eason’s article on mentoring at
and the law office — where they are
expected to jump into the practice of law.
   The seminar was built on the popular
Bridge the Gap course of years past, but                     (Knoxville), Matt Potempa and Liz Parrott                                             It is my hope that the New Lawyer
updated to address practice issues for a new                 (Nashville) and Emily Taube (Memphis)                                              Experience will become a TBA YLD tradi-
generation of young lawyers. The daylong                     for producing this premiere event. The com-                                        tion for years to come so that new
session featured introductions to a range of                 mittee also extends its appreciation to TBA                                        members of the bar experience a little less
practice areas, practical advice from senior                 staff members Kaisha Bond and Stacey                                               “pain” when joining our profession. ■
associates and motivating remarks from                       Shrader for their tireless efforts.
venerable attorneys. Participants also were                      This inaugural offering of the seminar
able to choose one of two afternoon break-                   was praised recently by TBA President                                              Candice is chair of the YLD Continuing Legal
out sessions specific to their chosen                        Marcy Eason in her March 2008 Presi-                                               Education Committee and managing partner at
practice area — litigation or business                       dent’s Perspective column for the                                                  Counsel on Call Inc. in Nashville. She can be
transactions. Following the CLE, atten-                      Tennessee Bar Journal. In that piece she                                           reached at

CLE Calendar
      he Tennessee Bar Association Young                     221 Fourth Avenue North                                                            Technology for Today’s Lawyer: 60

T     Lawyers Division continues to offer
      CLE programming designed for
lawyers within their first five years of prac-
                                                             Speakers: Krisann Hodges, Tennessee
                                                             Board of Professional Responsibility;
                                                             James A. Crumlin Jr., Bone McAllester
                                                                                                                                                Gadgets in 60 Minutes
                                                                                                                                                10 a.m. to 11 a.m., 1 general credit
                                                                                                                                                Producer: Cynthia Cutler
tice. Upcoming seminars include the                          Norton PLLC; Brian Faughnan, Adams                                                 Speakers: Bill Ramsey, Neal & Harwell
annual Ethics Forum and a range of pro-                      and Reese LLP; Lela Hollabaugh, Waller                                             PLC; Phillip Hampton, Logic Force
grams at the TBA Annual Convention.                          Lansden Dortch & Davis, LLP                                                        Consulting LLP
Register for any of the courses at                                                                                                                 Learn the latest tech tools, tips and                                            June 13, 2008                                                                      gadgets from a “techie” attorney and a
                                                             Convention Programming                                                             technology consultant who works exclu-
May 16, 2008                                                    The YLD will offer several continuing                                           sively with lawyers and law firms. The pair
Ethics Forum: Demystifying the State                         legal education courses at this year’s TBA                                         will teach you how to be an efficient and
Disciplinary Process                                         Convention in Gatlinburg. Make plans now                                           effective technology user, and be aware of
   In this three-hour course, participants                   to gather with friends in the beautiful                                            ethical issues raised by the ever-changing
will learn about the state disciplinary                      Smokey Mountains for networking, public                                            technology landscape. Bill and Phil move
process, common mistakes that trip up                        service and educational opportunities. Learn                                       at warp speed, so fasten your seatbelt and
lawyers and the role malpractice insurance                   more at                                                 get ready for a fun and fascinating seminar.
plays in the profession. Speakers include                                                                                                       (For a sneak peak, check out their blog at
attorneys representing the Board of Profes-                  Wills for Heroes Training Seminar                                        
sional Responsibility, the state entity that                 8 a.m. to 9 a.m., 1 general credit
investigates allegations of attorney mis-                    Producer: Michelle Sellers                                                         Taking the Legalese Out of Legal Writing
conduct, and attorneys who represent                            This session is geared toward, and                                              2 p.m. to 3 p.m., 1 general credit
those accused of wrongdoing.                                 required for, attorneys who want to par-                                           Producer: Cynthia Cutler
Producers: Matt Potempa, Candice Reed                        ticipate in a YLD-sponsored public                                                 Speaker: Andrew Roskind, McKellar
Credit: 3 E&P Hours                                          service project following the CLE. Those                                           Roskind LLP
Date: Friday, May 16                                         who participate in the project will assist                                            A seminar full of tips for writing clear,
Time: 8:30 a.m. registration; 9 a.m. to                      local first responders with basic estate                                           concise and persuasive documents that rise
12:15 p.m. program                                           planning services.                                                                 above legalese. ■
Location: Nashville; Tennessee Bar Center,

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                              T   E   N   N   E   S   S   E   E           Y     O      U         N   G   L   A     W   Y   E   R

New ‘No-Match’ Rules?
continued from page 1
         i. If the employee provides cor-     ning Sept. 4. The letters would have                                     follow the safe-harbor steps.
             rected information, the          affected about 8 million workers.
             employer should correct its          On Aug. 29, 2007, the ACLU Immi-                                  One of the justifications DHS pro-
             records, inform the relevant     grants’ Rights Project, the AFL-CIO,                               vides for changing its policy and
             agency, and verify that the      Altschuler Berzon LLP, the San Francisco                           reissuing the August 2007 final rule is
             corrected name and SSN           and Alameda Central Labor Councils, and                            the need to eliminate ambiguity regard-
             match agency records.            the National Immigration Law Center                                ing an employer’s responsibility upon
         ii. If the employer’s records are    filed a lawsuit in the U.S. District Court                         receiving a no-match letter. According
             correct, the employer should     for the Northern District of California                            to DHS, the 2007 final rule allows it to
             ask the employee to resolve      arguing that DHS does not have the                                 remind employers of their obligation to
             the discrepancy with the         authority to implement such a rule because                         conduct due diligence upon receipt of a
             relevant agency within 90        changes to the immigration law can only                            no-match letter and to inform employers
             days of receipt of the no-       be made by Congress and not through                                that it views failure to perform such due
             match letter.                    administrative procedure.                                          diligence as possible constructive knowl-
     c. In all instances, the employer            On August 31, the court granted the                            edge of the employee’s unauthorized
         should make a record of the          plaintiffs’ request for a temporary                                work status.
         manner, date and time of the         restraining order (TRO). On Oct. 1, the                               A second justification for the rule and
         verification and store such record   court held oral argument concerning the                            DHS’s position on the evidentiary value of
         with the employee’s Form I-9.        plaintiffs’ motion for a preliminary                               no-match letters is “the growing evidence
                                              injunction, and at the conclusion of that                          and consensus within and outside govern-
  2. If the discrepancy is not resolved       hearing, extended the TRO for another                              ment that SSN no-matches are a
     within 90 days of receipt of the no-     10 days. On Oct. 10, the court granted                             legitimate indicator of possible illegal work
     match letter, the employer may           the plaintiffs’ request for a preliminary                          by unauthorized aliens.”
     re-verify the employee’s employ-         injunction, finding that DHS’s safe har-                              Finally, because SSA does not send no-
     ment eligibility and identity by         bor provisions would result in                                     match letters to all employers, DHS
     completing a new Form I-9. The           employment termination of lawfully                                 believes that only employers “who have
     employer and employee have three         employed workers.                                                  potentially significant problems with their
     additional days to complete this             Faced with the district court’s ruling,                        employees’ work authorization” receive
     form, or a total of 93 days, from        DHS went back to the drawing board and                             employer no-match letters, thereby justi-
     receipt of the no-match letter. An       on March 26, 2008, published a supple-                             fying repromulgation of the 2007 final
     employee may not use a document          mental proposed rule that attempts to                              rule. Based on the record, DHS claims
     containing an SSN or alien number        clarify its August 2007 final rule. The                            that the 2007 final rule was a reasonable
     that is the subject of the no-match      minor clarifications made by the supple-                           “change” in policy.
     letter to establish employment eli-      mental proposed rule are as follows:                                  The supplemental proposed rule is
     gibility, or identity, or both               1. The supplemental rule defines the                           subject to a 30-day public notice and
     (including a receipt for an applica-            meaning of “prompt” with regard to                          comment period. Comments were due by
     tion for a replacement of such                  when an employer must notify a                              April 25. Presumably, DHS will ask the
     document). Additionally, all docu-              worker that he or she has been                              court to revisit the pending preliminary
     ments used to prove identity, or                listed in a no-match letter. Under                          injunction in light of the clarifications it
     both identity and employment                    the new definition, the employer                            has made to the final rule. ■
     authorization, must contain a pho-              must notify the employee immedi-
     tograph. If an employee cannot                  ately on receipt of the letter or
     provide such documentation, an                  within five business days of an                             Sonda is an associate with the Knoxville firm
     employer would be required, under               internal review.                                            of Woolf, McClane, Bright, Allen & Car-
     the final rule, to terminate that            2. The supplemental rule provides that                         penter PLLC. Her practice focuses primarily
     employee or face the risk that DHS              neither it nor the 2007 final rule                          on employment law and commercial litiga-
     finds it knowingly employed an                  will apply to workers hired before                          tion. She also serves as the YLD District 3
     unauthorized worker.                            Nov. 6, 1986.                                               Representative. She can be reached at
                                                  3. The supplemental rule states that                 
   The above rule was scheduled to go                neither it nor the 2007 final rule
into effect Sept. 14, 2007, and SSA                  requires employers to make or
planned to send no-match letters to                  retain any new documentation or
approximately 140,000 employers begin-               records should employers choose to

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                            T     E     N      N      E     S     S      E     E          Y      O      U     N      G           L     A     W       Y     E      R

2008-2009 YLD ELECTION
Candidate Profiles For Contested Elections
     iographical information was provided                   Law School: University of Tennessee (2002)                                         commercial real estate transactions. In

B    by the candidates or taken from pub-
     lic sources. Candidates are listed
below in alphabetical order by last name.
                                                            Hanson Tipton currently serves the TBA
                                                            YLD as co-editor of the Tennessee Young
                                                            Lawyer publication. During the 2006-2007
                                                                                                                                               running for Middle Tennessee Governor,
                                                                                                                                               Haines writes that she “will be successful
                                                                                                                                               in soliciting new interest in the YLD, as
                                                            bar year, he was the Knoxville city captain                                        well as active participation from the cur-
Vice President                                              for the YLD’s CLE Committee. He is a                                               rent membership.” She also believes she
                 Candidate: Tasha Blakney                   member of the Tennessee Bar Associa-                                               “can harness the enthusiasm of Nashville
                 Hometown: Knoxville                        tion’s Leadership Law Class of 2008.                                               School of Law graduates and current stu-
                 Firm: Eldridge &                           Tipton graduated from Florida State Uni-                                           dents for the benefit of the YLD.” Finally,
                 Blakney PC                                 versity in 1996 and received his law degree                                        she states that her specialty will assist the
                 Law School: University                     from the University of Tennessee College                                           board with concerns and current issues in
                 of Tennessee (1999)                        of Law in 2002. He is licensed to practice                                         real estate law.
                 Tasha Blakney is a share-                  in the state of Tennessee (2002), the U.S.
                 holder in the Knoxville                    District Court for the Eastern District of                                                          Candidate: Jason M. Pannu
firm of Eldridge & Blakney PC, which she                    Tennessee (2004) and the U.S. Court of                                                              Hometown: Nashville
co-founded in September of 2003. Blakney                    Appeals for the Sixth Circuit (2006). He                                                            Firm: Lewis King Krieg &
has served on the board of the TBA YLD                      practices civil defense litigation at the                                                           Waldrop PC
since 2002, having held the positions of                    Knoxville law firm of Watson, Roach, Bat-                                                           Law School: University
chair of the Law Week Committee, inau-                      son, Rowell & Lauderback PLC and                                                                    of Alberta (2002)
gural chair of the Children’s Issues                        focuses his practice primarily in the areas                                                         Jason M. Pannu, an associ-
Committee, East Tennessee Governor and                      of workers’ compensation, governmental                                                              ate attorney at Lewis King
delegate to the American and Tennessee                      tort liability and medical malpractice                                             Krieg & Waldrop PC, focuses his practice
Bar Associations’ Houses of Delegates.                      defense. Tipton previously clerked for the                                         on construction law, including general
During her two-year tenure as Children’s                    late Tennessee Senior Judge John K. Byers.                                         commercial litigation, lien and bond
Issues Committee chair, Blakney oversaw                     His local bar involvement includes service                                         claims, and architects and engineers liabil-
the YLD’s implementation of the success-                    on the Knoxville Bar Association’s Judicial                                        ity. He regularly represents contractors,
ful “Building Healthy Relationships”                        Committee and as a barrister member of                                             designers and other industry members in
program, which earned her the YLD Presi-                    the Hamilton Burnett Chapter of the                                                arbitration and court matters. In addition,
dent’s Distinguished Service Award in                       American Inns of Court.                                                            he advises construction industry clients on
2006. She has twice been named a YLD                                                                                                           pertinent aspects of immigration law.
Star of the Quarter. Blakney also has                       Middle Tennessee Governor                                                          Pannu earned a bachelor degree in finance
received the Knoxville Bar Association                                      Candidate:                                                         from the University of Northern British
President’s Award for her work as co-chair                                  Marjorie Kaup Haines                                               Columbia in 1998 and a law degree from
of the Pro Bono Committee and the KBA                                       Hometown: Franklin                                                 the University of Alberta (Ontario) in
Barristers President’s award for her service                                Firm: Kay B. Housch PC                                             2002. He is admitted to practice in
as a charter member and three-time co-                                      Law School: Nashville                                              Ontario and Tennessee. His involvement
chair of the Hunger & Poverty Relief                                        School of Law (2007)                                               with the TBA YLD includes current serv-
Committee. She is a graduate of the TBA’s                                   Marjorie Haines received                                           ice as a member of the board and its
Leadership Law Class and the ABA TIPS                                       a Bachelor of Science                                              executive committee, Middle Tennessee
Section’s National Leadership Academy.                      degree in business from Middle Tennessee                                           Governor, and liaison to the Membership
In January of 2008, she was honored in                      State University in 2003 and a law degree                                          Committee. During the 2006-2007 bar
Knoxville’s inaugural “40 Under 40” by                      from the Nashville School of Law in 2007.                                          year he held the position of Nashville
the Greater Knoxville Business Journal.                     She is a current member of the Tennessee                                           membership captain. In addition to active
Blakney also was recently selected as the                   Bar Association, Nashville Bar Associa-                                            service with the Tennessee Bar Associa-
TBA YLD’s nominee for the American Bar                      tion and Tennessee Lawyers Association                                             tion, Pannu is a member of the American
Association YLD’s National Outstanding                      for Women. Outside of work, Haines                                                 Bar Association, Nashville Bar Associa-
Young Lawyer of the Year Award.                             serves as a volunteer for Planned Parent-                                          tion, Canadian Bar Association, Law
                                                            hood and is active in Commercial Real                                              Society of Upper Canada and Ontario Bar
                Candidate:                                  Estate Women and Success in the City.                                              Association. He also is a member of the
                Hanson R. Tipton                            During law school, Haines co-founded the                                           Tennessee Association of Construction
                Hometown: Knoxville                         Nashville School of Law Legal Society,                                             Counsel and currently serves as president
                Firm: Watson, Roach,                        and served as its president from 2006-                                             of the group’s Young Lawyers Division.
                Batson, Rowell & Laud-                      2007. Haines is employed with the firm of
                erback PLC                                  Kay B. Housch PC, focusing on multi-site

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                                 T   E   N   N   E   S   S   E   E           Y     O      U         N   G   L   A     W   Y   E   R

District 10 Representative                       Montgomery County Bar Association.                                 Army officer, he spent eight years in com-
                 Candidate: Bradley M.           Outside the practice of law, Carter reports                        mand of Bomb Disposal Units. He is also a
                 Carter                          he is happily married to Kristen Carter, an                        flight instructor and holds an Airline
                 Hometown: Clarksville           elementary school teacher, and enjoys run-                         Transport License. Sweeten has spent
                 Firm: Runyon and Runyon         ning, canoeing and hiking. He says he is                           many hours as a volunteer and leader for
                 Law School: University          very excited at the prospect of represent-                         community and civic organizations within
                 of Memphis (2004)               ing District 10 and will do his very best                          Montgomery County, including five years
                 Bradley M. Carter was           should he be elected. Finally, he reports                          with Youth Court; Hilldale Civitan Club;
 Carter          born in Cleveland, Ohio,        that his interest in the position stems from                       Clarksville Rotary Club; United Way,
and presently lives in Clarksville. After        his involvement assisting the current rep-                         where he served on the Budget Commit-
graduating from Farragut High School in          resentative, Raymond F. Runyon, with the                           tee; and the Clarksville Humane Society,
1996, he attended the University of Ten-         district’s annual backpack service project,                        where he served on the Board of Direc-
nessee in Knoxville and graduated in 2000        and from his older brother, Patrick Carter,                        tors. Sweeten recently volunteered and
with a Bachelor of Science degree in busi-       who has been involved with the YLD for                             scored trial rounds at the YLD’s State
ness administration. He then moved to            many years.                                                        High School Mock Trial Competition.
Memphis and attended the University of                                                                              His goal for District 10 is to increase the
Memphis Law School, graduating in May                         Candidate: William J.                                 number of involved, participating mem-
of 2004. Desiring to relocate to the Middle                   Sweeten                                               bers and provide new opportunities for
Tennessee area, Carter joined the                             Business Location:                                    networking, professional development
Clarksville law firm of Runyon and Run-                       Clarksville                                           and training within the large geographic
yon in 2005. His practice includes family                     Law School: Nashville                                 area that encompasses the district. He also
law, juvenile court matters, personal injury                  School of Law (2007)                                  wants to raise the visibility of the YLD as
and contract law matters. His community                       William J. Sweeten holds                              a means for professional pride and per-
service includes serving as the 2008-2009         Sweeten     a Bachelor of Science                                 sonal growth for young lawyers who will
president of the Hilldale Kiwanis Club of        degree in mathematics and a second                                 be the future leaders of their profession
Clarksville and as a board member of the         degree in computer science. A former                               and communities. ■

2008-2009 YLD Election Update
continued from page 1

• District 8 Representative                      of votes. In the event of a tie vote of the                        For more information on the candidates in
  David Veile, Lowery Lowery & Cherry            membership, the YLD Board elects the                               contested races, see page 6.
  PLLC, Lebanon                                  candidate. In the event of a tie vote of the
                                                 board, the YLD president breaks the tie.                           Vacancies
• District 12 Representative                     Candidates are listed in alphabetical order.                       The following two board positions were
  Cristy Cooper, Office of the Public            • Vice President                                                   not filled through the regular election
  Defender, Dyersburg                               Tasha Blakney, Eldridge & Blakney,                              process. Pursuant to the YLD bylaws, in
                                                    Knoxville                                                       the event of a vacancy, the president-elect
• District 14 Representative                        Hanson Tipton, Watson Roach Batson                              is to convene a committee to nominate
  Asa Baker, Leitner Williams Dooley                Rowell & Lauderback PLC, Knoxville                              candidates. The YLD Nominating Com-
  & Napolitan PLLC, Memphis                                                                                         mittee met on April 30 to consider
                                                 • Middle TN Governor*                                              candidates for these positions. The nomi-
   *Nashville attorney Amber Michelle              Marjorie Kaup Haines, Law Offices of                             nated candidates will be subject to a vote
   Roderer with Deloitte Tax LLP qualified to      Kay B. Housch PC, Franklin                                       of the YLD membership at the division’s
   run for this position but withdrew from         Jason Pannu, Lewis, King, Krieg &                                annual membership meeting.
   consideration on April 23. Nashville attor-     Waldrop, Nashville                                               • East Tennessee Governor
   ney Matt Potempa with Tennessee                                                                                     Blair Bennington Cannon, Patrick
   Department of Human Services also qual-           *Nashville attorney Matt Potempa with                             Beard Schulman & Jacoway PC,
   ified to run for this position but withdrew       the Tennessee Department of Human Ser-                            Chattanooga
   from consideration on April 29.                   vices qualified to run for this position but
                                                     withdrew from consideration on April 15.                       • District 4 Representative
Contested Elections                                                                                                   Jay Johnson, Law Offices of Jay L.
Contested elections will be decided by           • District 10 Representative                                         Johnson, Loudon. ■
secret ballot at the division’s annual mem-        Bradley Carter, Runyon & Runyon,
bership meeting. A successful candidate            Clarksville
must receive a plurality (greatest number)         William J. Sweeten, Clarksville

                                                                     w w w. t b a . o r g / y l d                                                      page 7
                              T    E     N      N      E     S     S      E     E          Y      O      U     N      G           L     A     W       Y     E      R

Students Experience Another Great Mock Trial Competition
By Marisa Combs
      ach year, one of the biggest tasks of

E     the Tennessee Bar Association Young
      Lawyers Division is organizing the
state high school mock trial competition.
In recent years, the competition has been
held in Nashville, and this year, it returned
to the historic Davidson County Metro-
politan Courthouse following extensive
renovations to the building.
    The case for the 28th Annual Tennessee
High School Mock Trial Competition, Sid-
ney Young v. Riley Gardner, was written by
members of the Tennessee Bar Association
Young Lawyers Division Mock Trial Com-
mittee and published in November 2007.
The case was a civil action resulting from a                 The St. Mary’s Episcopal School mock trial team shows off its first place trophies. The school
car accident in which a teenage driver was                   repeated their 2007 win this year by beating out Brentwood High School.
allegedly speeding and text messaging while
driving a car full of high school students.                  when the district competitions were held                                           in a closely fought match. In the end, St.
When the teen’s car skidded off the road and                 in various locations throughout the state.                                         Mary’s won a second-straight title as state
hit a telephone pole, the front seat passenger               The state is divided into 13 districts, and                                        champion. The team will now represent
sustained significant injuries. As usual, the                while the YLD assists in locating a district                                       Tennessee in the national competition
case presented quite a few twists and turns.                 coordinator for each district and publishes                                        beginning May 8 in Wilmington, Del.
Conflicting testimony shed doubt on                          the case material, its role in organizing                                             For those who have not experienced the
whether it was the driver or the passenger                   local competitions is limited. Instead, it is                                      state competition, it is a major undertaking.
who was “texting” at the time of the acci-                   the duty of the district coordinator to                                            About 200 students and another 300
dent. Additional questions were raised about                 organize and lead the district competition.                                        coaches, faculty advisors and parents attend
the roles that alcohol, road conditions and a                    The winners of the various district com-                                       the event. Some 200 volunteers, including
tire blowout may have played in the crash.                   petitions are invited to participate in the                                        judges, lawyers and law students, give of
    The case was particularly relevant to                    state mock trial competition. This year, 16                                        their time and expertise to make the com-
current events, as it highlighted some of                    teams attended the event. The state compe-                                         petition a success. The YLD was fortunate
the difficulties legislators and other com-                  tition is comprised of four trial rounds.                                          to have sitting Tennessee judges oversee the
munity leaders face when trying to create                    Every team competes in all rounds and must                                         rounds, as well as have Tennessee Supreme
ordinances prohibiting texting while driv-                   be prepared to play both sides of the case.                                        Court Justice William C. Koch Jr. preside
ing. The case materials included a sample                    Following the fourth round, participants                                           over the final round this year. His com-
statute on texting while driving that was                    gather for an awards ceremony where the                                            ments to the students about access to justice
adapted from another state’s proposed leg-                   top 10 teams are announced, the most valu-                                         and the profession of law were encouraging
islation on the subject. While Tennessee                     able players for each team are named, and                                          even to the lawyers in the room! The YLD
has no current law prohibiting texting                       the best attorney and best witness awards                                          also is grateful to those volunteers who
while driving, community leaders and law-                    are given. Following the awards ceremony,                                          served as scorers and bailiffs. Finally, special
makers have routinely expressed interest                     the final championship round is held                                               thanks is due Colleen Sweeney of Stewart,
in curbing the growing risk of cell phone                    between the first and second place teams.                                          Estes & Donnell in Nashville. As chair of
usage on the roads.                                              This year, defending champion St.                                              this year’s competition, she was a great
    Students practiced using the case mate-                  Mary’s Episcopal School from Memphis                                               leader and ran a smooth and successful
rials from November through February,                        faced off against Brentwood High School                                            event. Thanks Colleen! ■

 Get Involved!
 The YLD is interested in gaining new volunteers for next year’s district and state                                                             Marisa is an associate with the Law Offices of
 competitions. If you would like more information about volunteering, or have a                                                                 Larry D. Wilks in Springfield. She served as
 desire to participate, please contact next year’s Mock Trial Committee Chair                                                                   vice chair of this year’s mock trial competition
 Marisa Combs at The Law Offices of Larry D. Wilks, 509 West Court Square,                                                                      and will chair the 2009 event. She can be
 Springfield, TN 37172, (615) 384-8444,                                                                                  reached at

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Recognition of Teams
Final Standings                                15. Dyersburg High School, Dyersburg                               Individual Awards
1. St. Mary’s Episcopal School, Memphis           Attorney Coaches: Carla Marie Chris-                            • Best Advocate for the Plaintiff
    Attorney Coach: Jennifer Nichols,             tian; Matthew Willis, Ashley Ashley                               Amanda Swanson, West High School
    U.S. Postal Service                           & Arnold                                                        • Best Advocate for the Defense
2. Brentwood High School, Brentwood            16. Warren County High School,                                       C.J. Strode, Warren County High
    Attorney Coach: None                          McMinnville                                                       School
3. Hume-Fogg Academic High School,                Attorney Coach: Tom Miner                                       • Best Witness for the Plaintiff
    Nashville                                                                                                       Austin Beckford, Memphis University
    Attorney Coach: Ken King, Hume-            Team MVPs                                                            School
    Fogg Academic High School                  • Brentwood High School                                            • Best Witness for the Defense
4. Family Christian Academy Red, Chat-           Becca Richardson                                                   Danyelle Dover, Family Christian
    tanooga                                    • Clarksville High School                                            Academy
    Attorney Coaches: Jeffrey M. Ather-          Sara Rouse
    ton Sr., Burnette, Dobson & Pinchak;       • Dobbyns-Bennett High School                                             continued on page 10
    Nathaniel Goggans, Chambliss Bahner          Theresa Helmer
    & Stophel PC                               • Dyersburg High
5. Montgomery Bell Academy, Nashville            School
    Attorney Coach: Wade Cowan                   Victoria Jowers
6. Memphis University School, Memphis          • Family Christian
    Attorney Coaches: S. Newton Ander-           Academy Blue
    son, Spicer, Flynn & Rudstrom PLLC;          Micah Till
    James Robinson Jr.; Lynn Thompson,         • Family Christian
    Apperson, Crump & Maxwell PLC                Academy Red
7. West High School, Knoxville                   Kyle Johnson
    Attorney Coach: Albert Harb,               • Hume-Fogg Acade-
    Hodges, Doughty & Carson PLLC                mic High School
8. Jefferson County High School, Dandridge       Gillian Brassil
    Attorney Coach: Judge Ben Strand,          • Jefferson County
    Jefferson County General Sessions Court      High School
9. Family Christian Academy Blue, Chat-          Kayla Hughes
    tanooga                                    • Memphis University
    Attorney Coaches: Jeffrey M. Ather-          School                Above: Amanda Swanson, daughter of former TBA presidents Charles
                                                                       Swanson and Pamela Reeves and West High School team member, wins
    ton Sr., Burnette, Dobson & Pinchak;         Peter Travis
                                                                       the competition’s Best Advocate for the Plaintiff award.
    Nathaniel Goggans, Chambliss Bahner        • Montgomery Bell
    & Stophel                                    Academy               Below: C. J. Strode of Warren County High School is awarded Best
10. South Greene High School, Greeneville        Max Webster           Advocate for the Defense by Mock Trial Chair Colleen Sweeney.
    Attorney Coach: Guy Blackwell, U.S.        • St. Mary’s Episcopal
    Department of Justice                        School
11. Springfield High School, Springfield         Lane Feler
    Attorney Coach: Lisa Richter, 19th         • South Greene High
    Judicial District Child Support Referee      School
12. Tullahoma High School, Tullahoma             Arianna Ingram
    Attorney Coaches: Russell Hedges,          • Springfield High
    Moore & Hedges; William Rieder,              School
    Haynes, Hull, Rieder, Ewell & Ridner         Suzanne Carr
    PA                                         • Tullahoma High
13. Clarksville High School, Clarksville         School
    Attorney Coach: Christopher Barber,          Chandler Lawson
    Kennedy Law Firm PLLC                      • Warren County
14. Dobbyns-Bennett High School,                 High School
    Kingsport                                    Angela Marcum
    Attorney Coach: Jeff Miles, Pectol         • West High School
    & Miles                                      Noelle Harb

                                                                   w w w. t b a . o r g / y l d                                                 page 9
                            T    E     N      N      E     S     S      E     E          Y      O      U     N      G           L     A     W       Y     E      R

Recognition of Volunteers
The TBA YLD and the Mock Trial Com-                                                                                                            Top: Danyelle Dover of Family Christian
mittee thank the following attorneys and                                                                                                       Academy’s blue team is awarded Best Witness
judges for their important contributions of                                                                                                    for the Defense.
time and expertise in making the 2008
competition a success.                                                                                                                         Middle: Best Witness for the Plaintiff award
                                                                                                                                               goes to Austin Beckford from Memphis Uni-
District Coordinators                                                                                                                          versity School.
• District 1: Lisa Overall, McDonald                                                                                                           Bottom Left: TBA President Marcia Eason
  Kuhn PLLC, Memphis; Amy Worrell,                                                                                                             inspires a room full of teenagers with com-
  Bass Berry & Sims PLC, Memphis                                                                                                               ments about her love for the law.
• District 2: Mary Petrinjak, Rainey
  Kizer Reviere & Bell PLC, Jackson                                                                                                            Bottom Right: Students from St. Mary’s
• District 3: Wesley Bryant, Hardin &                                                                                                          Episcopal High School and Brentwood High
  Parkes PLLC, Columbia                                                                                                                        School wait for Mock Trial Chair Colleen
                                                                                                                                               Sweeney to toss the coin that will determine
• District 4: Chas Morton, Puryear
                                                                                                                                               plaintiff and defense assignments for the
  Newman & Morton PLLC, Franklin
                                                                                                                                               championship round.
• District 5: Patrick Witherington,
  Howell & Fisher PLLC, Nashville;
  Kimberly Silvas, Gideon & Wiseman,
• District 6: Joe “Jay” R. Johnson II,
• District 7: M. Craig Smith, Miller &
  Martin PLC, Chattanooga
• District 8: Rachel Moses, Legal Aid
  Society, Cookeville
• District 9: Derreck Whitson, Newport
• District 10: Sonda Gifford, Woolf
  McClane Bright Allen & Carpenter
  PLLC, Knoxville; Mike Baisley, Woolf
  McClane Bright Allen & Carpenter
  PLLC, Knoxville
• District 11/12: Erin D. McArdle, First
  Judicial District Attorney General’s
  Office, Jonesborough
• District 13: Brennan Lenihan, Oak

Championship Round
• TBA President Marcia Eason, Miller
  & Martin PLLC, Chattanooga
• TBA Board Member Jacqueline
  Dixon, Hollins Wagster Weatherly &
  Raybin PC, Nashville
• YLD President Jason Long, London &
  Amburn PC, Knoxville
• YLD President-Elect Michelle Sellers,
  Rainey Kizer Reviere & Bell PLC,
• YLD Vice President David Changas,
  Lewis King Krieg & Waldrop PC,

  page 10                   A q u a r t e r l y p u b l i c a t i o n o f t h e Te n n e s s e e B a r A s s o c i a t i o n Yo u n g L a w y e r s D i v i s i o n
                             T   E   N   N   E   S   S   E   E           Y     O      U         N   G   L   A   W   Y   E   R

• YLD East Tennessee Governor
  Tasha Blakney, Eldridge & Blakney
  PC, Knoxville
• YLD West Tennessee Governor Chad
  Dickson, FedEx Trade Networks,
• YLD Middle Tennessee Governor
  Jason Pannu, Lewis King Krieg &
  Waldrop PC, Nashville

Please help us by personally thanking the
following judges who presided over one or
more rounds in the state competition, or
were available to do so if necessary:
• Judge Keta J. Barnes, Municipal
    Court of Smyrna
• Judge Angelita Blackshear Dalton,          Above : Brentwood High School students prepare for the championship round.
    Davidson County General Sessions
    Court                                    Below: St. Mary’s team members present their case during the championship round.
• Judge Joe Brown, U.S. Magistrate for
    the Middle District of Tennessee
• Judge Byron Bryant, Municipal Court
    of Knoxville
• Chancellor William Cole, 25th Judi-
    cial District Chancery Court
• Judge Paul B. Conley III, Crockett
    County General Sessions Court
• Judge Gerald L. Ewell Jr., Municipal
    Court of Manchester
• Judge John T. Fowlkes Jr., 30th Judi-
    cial District Criminal Court
• Judge Burton D. Glover, Robertson
    County General Sessions Court
• Judge Michael R. Jones, 19th Judicial
    District Circuit Court
• Justice William C. Koch Jr., Ten-
    nessee Supreme Court
• Judge Amanda McClendon, 20th
    Judicial District Circuit Court          viduals who filled in as presiding judges for                    Knight, Stewart Estes & Donnell,
• Judge Amy F. Reedy, 10th Judicial          the fourth round of the competition: YLD                         Nashville
    District Criminal Court                  Treasurer Sarah Henry with FedEx Express                       Committee Members:
• Judge Thomas W. Schlater, Munici-          in Memphis; Andrew Sellers with Waldrop                        • Robb Bigelow, Stewart Estes & Don-
    pal Court of Brentwood                   & Hall PA in Jackson; and TBA Secretary                          nell, Nashville
• Chancellor Ronald Thurman, 13th            William “Paz” Haynes with Bone                                 • Candi Henry, State of Tennessee,
    Judicial District Chancery Court         McAllester Norton PLLC in Nashville.                             Nashville
• Judge Kelly R. Williams, Municipal                                                                        • David L. Johnson, Miller & Martin
    Court of Livingston                                                                                       PLLC, Nashville
• Judge Thomas T. Woodall, Tennessee         Mock Trial Committee                                           • Jordan Keller, Lassiter Tidwell Davis
    Court of Criminal Appeals                • Chair Colleen Sweeney, Stewart Estes                           Keller & Hogan PLLC, Nashville
• Judge John D. Wooten Jr., 15th Judi-         & Donnell, Nashville                                         • Steven King, State of Tennessee,
    cial District Circuit Court              • Vice Chair Marisa Combs, Law                                   Nashville
                                               Offices of Larry D. Wilks, Springfield                       • David G. Thompson, Neal & Harwell
  Special thanks also goes to three indi-    • Immediate Past Chair Adam O.                                   PLC, Nashville ■

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Well, It’s 1, 2, 3, Water We Fighting For?
By Brian S. Faughnan
        ope. This column will not turn to                    laid down some 70 million years ago as a                                           years now, I am not, after all, some sort of

N       humor to blithely deflect the fact
        that the United States of America
has now admitted to engaging in water
                                                             result of a sea surge and that some of the
                                                             water currently in the aquifer is from rains
                                                             that fell over 100,000 years ago. If you ask
                                                                                                                                                wild-eyed reactionary.
                                                                                                                                                    Instead, I started trying to do my part
                                                                                                                                                by taking what are called “Navy showers.”
boarding. I don’t find torture to be a                       Mike Huckabee, he’ll tell you the Mem-                                             They are so named because the practice
humorous subject. Not when Mike Huck-                        phis aquifer was created no more than                                              originated aboard Naval ships where fresh
abee told Larry King that “running for                       5,000 or so years ago and that some of its                                         water supply can be scarce. Here is a ten-
president is like being water boarded,” nor                  water is likely made up of angel tears.                                            step summary of a Navy shower: (1) turn
when Rudy Giuliani said that if sleep dep-                   Before the aquifer was discovered and                                              on water, (2) get all wet, (3) turn off
rivation is torture, then “I’m getting                                                                                                          water, (4) use soap to lather up in all of
tortured running for president of the                                                                                                           the appropriate places, (5) turn on water
United States.” Not even when John                                                                                                              and rinse, (6) turn off water, (7) lather
McCain joked that he would be willing to                                                                                                        shampoo into hair, (8) turn on water and
take back staffers who previously aban-                                                                                                         rinse, (9) turn off water and (10) sob
doned his campaign after “a short period of                                                                                                     uncontrollably because of how much you
water boarding to find out what they did in                                                                                                     miss taking a relaxing 15-minute hot
their absence.” What I would find funny                                                                                                         shower. I read somewhere that the last
though is if McCain (the presumptive                                                                                                            step is optional, but it sure wasn’t for me.
GOP nominee at the time I am typing                                                                                                             In large part because step 10 was taking so
this) were to pick Huckabee to be his run-                                                                                                      much time out of my day, I managed to
ning mate. Their ultimately highly                                                                                                              persevere with my water conservation
unsuccessful campaign would be like an                                                                                                          efforts for only two weeks.
Odd Couple for the 21st Century: One                                                                                                                Really, even if I could have sustained
running mate does not believe in the fossil                                                                                                     it, my little effort would not have solved
record; one running mate is a fossil!                                                                                                           anyone’s problems. Water consumption
    I will, however, attempt to find humor                                                                                                      issues and power consumption issues are
in water hoarding. If you have been paying                                                                                                      closely tied together and not merely
even a little bit of attention to news                                                                                                          because it takes significant energy to
reports over the last year, you likely have                                                                                                     pump water. According to the U.S. Geo-
heard at least one story about America’s                                                                                                        logical Survey, approximately 40 percent
water shortages. Perhaps you caught the                                                                                                         of freshwater used in the United States
report in February 2008 that there is a 50                                                                                                      (almost 140 billion gallons a day) is used
percent chance that Lake Mead, a signifi-                    tapped by a well drilled in 1887, Memphi-                                          to generate power and about two percent
cant source of drinking water for Nevadans                   ans had to get their drinking water from                                           of that water is lost each day to evapora-
and Californians, will be completely dry by                  the Mississippi River, which scientists will                                       tion. Power plants, for example, use
2021. Or perhaps, like me, you paid atten-                   tell you (and even Mike Huckabee will                                              enormous volumes of water for cooling
tion to the reports from this past October                   agree) was quite icky.                                                             purposes. Thus, better energy solutions
discussing how Atlanta had less than a 90-                       Nevertheless, Atlanta’s water crisis hit                                       should also help with the nation’s growing
day supply of water left. Living in                          close enough to home that I actually tried                                         water issues. I may just be a hybrid-driving
Memphis can make it hard to believe such                     to do something to make a difference.                                              lawyer who writes a humor column, but it
stories, which paint a picture of a coming                   After all, given the rate at which I pur-                                          seems to me we should be finding a way to
H2Ocalypse. When it comes to issues of                       chase and consume can after can of Coke                                            make hydrogen fuel-cell vehicles like the
water consumption, Memphians are                             Zero, Cherry Coke Zero, Vanilla Coke                                               Honda FCX Clarity — which will be
spoiled because we have a seemingly inde-                    Zero, etc., and given the amount of water                                          available only in the Los Angeles area this
fatigable supplier of pure water to the                      that the Coca-Cola facilities in Atlanta                                           year — more broadly available throughout
denizens of our sleepy metropolis — the                      must use to produce it, I felt like some of                                        the country. Given that the only emission
Memphis Sand aquifer. The origin of our                      the fault for Atlanta’s peril might be mine.                                       produced by such vehicles is water vapor,
aquifer, which is deeper than, but as big as                 No, I did not immediately cut back on my                                           they seem like a solution akin to the “two-
Lake Erie, and by some estimates contains                    consumption of the sweet nectar the                                                bird-killing” stone.
trillions of gallons of water, is a subject of               Coca-Cola bottling company makes avail-                                                Still, I could not shake the feeling that
some debate. If you ask scientists, they will                able through the grocery stores near me.                                           my return to what those in the Navy call
tell you that the sand in the aquifer was                    Although I have driven a hybrid for two                                            “Hollywood showers” may have let down

  page 12                     A q u a r t e r l y p u b l i c a t i o n o f t h e Te n n e s s e e B a r A s s o c i a t i o n Yo u n g L a w y e r s D i v i s i o n
                                 T   E   N   N   E   S   S   E   E           Y     O      U         N   G   L   A     W   Y   E   R

the good people of Atlanta, and I felt           “stealing” Mississippi’s water through                             Georgia/Tennessee border but, coinciden-
guilty. At least I did until the Georgia leg-    “excessive” pumping and output from the                            tally enough, move a portion of Memphis
islature decided to try to solve its nascent     Memphis aquifer. (You know, that aquifer I                         into Mississippi. Until then, “I drink your
water crisis by launching an initiative to       mentioned a little earlier that has spoiled us                     water, Eli. I drink it up. Everyday.” ■
redraw the border between Georgia and            on this end of the state.)
Tennessee to move a part of the Tennessee           Mississippi claims that the wells Mem-
River into the Peach State. I have read pre-     phis uses to tap into the aquifer are                              Brian is a partner with Adams and Reese LLP
dictions that future wars will be fought over    creating large depressions in the water                            in Memphis. If you are from Mississippi and
water instead of oil. Who knows whether          table and those depressions have caused                            would be willing to sell him 30,000 gallons of
or not that is true, but legal battles over      water that has been underneath Missis-                             water for $100, he can be contacted at
water clearly have begun.                        sippi for thousands of years to drain out of             
    At first glance, Georgia’s proposal          Mississippi and into the Memphis aquifer.
appears to be beyond ludicrous. In fact,         Mississippi even has experts who claim to
one Republican Tennessee legislator was          know the amount of water allegedly stolen
quoted in the press as having said that the      from them — 372 billion gallons over the                       This Year at the University
Georgia resolution was the “silliest thing       last 40-odd years. Mississippi seeks to                        of Tennessee College of
I’ve ever seen any group of Republicans          recover approximately $1 billion in dam-                       Law…
do” (an incredibly difficult statement to        ages from Memphis. (Which sounds like a                        continued from page 3
agree with if you remember the GOP’s             lot until you do the math and realize that
handling of the Terri Schiavo situation).        it works out to be three cents for every 10                        mented by two visiting professors, both of
But, when you go beyond the sound bites,         gallons of water.)                                                 whom I had the pleasure to learn from in
Georgia’s gambit may not be so ludicrous            Only after each side spent millions of                          class. In the fall semester, James Van Nos-
after all. The controversy dates back to         dollars on litigation did the federal district                     trand came to the college from private
1796 when the U.S. Congress established          court, at the outset of the bench trial, dis-                      practice to teach two classes: business
Tennessee’s southern border. When sur-           miss Mississippi’s case for lack of                                associations and energy law/regulated
veyors     actually      got    around      to   jurisdiction. The court determined it was                          industries. This spring Anne Marie
implementing Congress’ decree 22 years           being asked to apportion Mississippi’s                             Rhodes visited from Loyola Chicago and
later, they screwed it up and set the border     rights in an interstate body of water and                          taught tax law.
1.1 miles further south than where Con-          concluded that other states (Tennessee                                Finally, and perhaps the most exciting
gress said it should be. Had that not            and, perhaps, Arkansas) were necessary                             news from the law school is the announce-
happened, Georgia would have access to           parties to the dispute. Thus, the court rea-                       ment we all have been waiting (and
the Tennessee River and, therefore, better       soned this was a dispute between states and                        waiting) for. On August 1, professor Doug
access to water.                                 could only be heard by the Supreme Court.                          Blaze will begin serving as the new dean of
    Both houses of the Georgia legislature       Memphis’ lawyers welcomed the court’s                              the law school. Professor Blaze is always a
passed resolutions in 2008 urging a recon-       ruling. Mississippi’s lawyers called it a mere                     favorite teacher and we all are hopeful to
sideration of the incorrectly drawn              “procedural glitch.”                                               see what the future holds under his guid-
boundary. Presumably, Georgia’s governor,           I think the court’s decision is tough to                        ance and leadership.
Sonny Perdue, will get on board with the         quarrel with, but was personally disap-                               As always, the University of Tennessee
resolution. Of course, the Tennessee legis-      pointed by the result because it denied me                         College of Law continues to grow and
lature is not going to go along with             the chance to satisfy my curiosity about a                         evolve to meet the changing needs of a
Georgia on redrawing the boundary, so for        tactical question. Since the proceedings                           wide variety of student interests. We all
Georgia to get what it wants, it likely will     were taking place in federal court in Mis-                         are excited to see what the next year has
have to file a lawsuit with the U.S.             sissippi, would the Memphis lawyers                                in store. ■
Supreme Court. Between the doctrines of          drink the Mississippi water provided to
laches and what little I remember about          them at counsel’s table or bring their
adverse possession from law school, I think      own? Either choice seems to be fraught                             Chloe is a 3L at the College of Law. She is
I like Tennessee’s chances.                      with strategic peril.                                              currently working as a law clerk for Eldridge
    But Tennessee also faces a second legal         Although Mississippi’s lawyers have                             & Blakney PC in Knoxville. In the past she
attack affecting its water supply. Since 2005,   vowed to appeal the dismissal, given some                          has clerked for the California Appellate Pro-
Mississippi has been a pursuing a lawsuit        time to think about it, they might decide                          ject in San Francisco and the District of
against Memphis and its municipally owned        that thanks to the Georgia legislature they                        Columbia Public Defender Service. Following
utility company, MLGW, over water rights         have another option. After all, fixing the                         graduation Chloe will work full time with the
issues. The lawsuit, filed by Mississippi’s      1818 surveyors’ error in the manner Geor-                          Philadelphia Defender Association in
Attorney General, accuses MLGW of                gia wants would not only redraw the                                Philadelphia, Penn.

                                                                     w w w. t b a . o r g / y l d                                                        page 13
                            T    E     N      N      E     S     S      E     E          Y      O      U     N      G           L     A     W       Y     E      R

News From Tennessee’s Young Lawyers
       LD District 10 Representative and                   School of Law, Jason Martin with the                                               Fulton County, Ga. District Attorney’s

Y      chair of the Disaster Relief Com-
       mittee, Ray Runyon was elected
president of the Montgomery County Bar
                                                           University of Memphis School of Law,
                                                           Justin Furrow and Paul Singleton with
                                                           the University of Tennessee College of
                                                                                                                                              office. She now works for the Tennessee
                                                                                                                                              Department of Children’s Service.

Association and took office at the begin-                  Law, and Aaron Duffy with the Vander-                                                 Lewis, King, Krieg & Waldrop PC has
ning of January. Runyon works at the                       bilt University Law School.                                                        named David A. Changas a shareholder of
Clarksville law firm of Runyon & Runyon.                                                                                                      the firm. Changas is a 2000 graduate of the
                                                              Dyersburg lawyer Cristy Cooper has                                              University of Tennessee College of Law. He
   At the TBA’s annual public service                      been appointed YLD District 12 Represen-                                           joined Lewis King’s Nashville office in
luncheon in January, new attorney Peggy                    tative following the resignation of Wes                                            March 2002 and practices in the areas of
Smith was awarded the Law Student Vol-                     Shumate, who has moved out of state.                                               casualty defense litigation, commercial liti-
unteer of the Year Award for her work in                   Cooper works for the 29th Judicial District                                        gation and workers’ compensation. Changas
2007 as a student at the Nashville School                  Public Defender’s Office and serves as pres-                                       currently serves as vice president of Young
of Law. She now works in the Waverly firm                  ident of the Dyer County Bar Association.                                          Lawyers Division.
of Porch Peeler Williams & Thomason.
                                                              Memphis lawyer Hemant Gupta has                                                    Shon Johnson was recently appointed
   In January, YLD President Jason Long                    joined the Intellectual Property practice at                                       the Memphis Bar Association Young
presented “Star of the Quarter” awards to                  Butler Snow O’Mara Stevens & Cannada                                               Lawyers Division’s representative to the
the YLD CLE Committee members for                          PLLC, where he will work in the biomed-                                            MBA House of Delegates. Johnson also
their work in producing quality program-                   ical device and the emerging biotechnology                                         recently changed firms, moving from
ming for young lawyers. Awards winners                     sectors. A biomedical engineering graduate                                         Domico Kyle PLLC to Black McLaren
were Committee Chair Candice Reed of                       of the University of Pennsylvania, Gupta                                           Jones Ryland & Griffee PC. He graduated
Nashville; City Captains Carol Anne                        spent five years at St. Jude as a cancer                                           from the University of Memphis School of
Long of Knoxville, Matt Potempa of                         researcher before attending law school. He                                         Law in 2004.
Nashville and Emily Taube of Memphis;                      earned his law degree in 2005 from the
New Lawyer Experience Captain Liz                          University of Memphis.                                                                Nashville lawyer Jonathan E. Richard-
Parrott of Nashville; and Chattanooga                                                                                                         son of Smith & Hirsch PLC has been
lawyer Craig Smith, who planned and                           Mary Beth Hagan has moved her law                                               elected president of the Napier Looby Bar
coordinated the Trial Practice CLE in                      practice from Gullett, Sanford, Robinson &                                         Association. He takes over from Andrea
Chattanooga. Also recognized was Kim-                      Martin PLLC in Nashville to Blankenship                                            Perry with Bone McAllester Norton
berly Pride of Knoxville, the online CLE                   & Blankenship PLLC in Murfreesboro. She                                            PLLC. In his new position, Richardson
captain, for her work in recruiting writers                will continue to focus on construction law                                         will hold a seat on the TBA YLD board.
and producers of online CLE program-                       in her new position.
ming, and equipping them with the tools                                                                                                          Van D. Turner Jr. has been elected
necessary to do so.                                           Kristie Luffman has been named YLD                                              president of the Ben F. Jones Chapter of
                                                           membership captain in Chattanooga, tak-                                            the National Bar Association. He succeeds
   The YLD also recognized this year’s law                 ing over for Craig Smith who has assumed                                           Elbert Jefferson Jr., an attorney with the
student liaisons at a dinner in January.                   the position of president of the Chat-                                             city of Memphis. Turner serves as associate
Those honored for their work recruiting                    tanooga Bar Association Young Lawyers                                              general counsel for the Memphis City
law student members to the TBA included                    Division. Luffman recently returned to                                             Schools. In his new position, he will hold
Chelsea Nicholson with the Nashville                       Tennessee after an assignment with the                                             a seat on the TBA YLD board. ■

            TYL People will run each issue and highlight job moves, promotions and career achievements of young
            lawyers in Tennessee. Please send news items to TYL Editor Mason Wilson at
            The editors reserve the right to alter submissions for length, content and format.

  page 14                   A q u a r t e r l y p u b l i c a t i o n o f t h e Te n n e s s e e B a r A s s o c i a t i o n Yo u n g L a w y e r s D i v i s i o n
                                  T   E   N   N    E   S   S   E   E           Y     O      U         N   G   L   A     W   Y   E   R

Check Please!
By Chad A. Dickson
        ot too long ago I attended a pre-trial     remember what billing was like and I                               who attended the impromptu conference).

N       conference in a large city outside of
        Tennessee. I was met there by my
outside counsel. Before the trip, we’d
                                                   thought I had a pretty good handle on how
                                                   to do it. I have a new perspective.
                                                      I believe every associate knows that
                                                                                                                      I’ve seen bills charging my company for an
                                                                                                                      associate at the firm to go watch a trial in
                                                                                                                      another matter because it “might” be rele-
never met in person, though we had spo-            somebody will review his or her billable                           vant to our case. And it was a three-day
ken on the phone and exchanged emails              time. I also believe that many (but cer-                           trial! You might think they would ask me
and letters.                                       tainly not all) young associates don’t think                       about that one beforehand. Nope. No
    The conference was brief enough, but                                                                              request. Just a bill. My favorite, of course,
the meeting with the plaintiff’s lawyer                                                                               is the meal that I was asked to pay for after
took a bit longer — we were trying to                                                                                   my outside counsel made such a fuss
convince the plaintiff to dismiss                                                                                          about not allowing me to pay for it
my company from the case.                                                                                                     (but you already know about that).
After the meeting, feeling con-                                                                                                     My plea is this: if you’re out-
fident we were on our way to                                                                                                       side counsel, review your
an early dismissal, my out-                                                                                                          billable time. As in-house
side counsel and I headed for                                                                                                        counsel, we don’t question it
lunch. He invited an associ-                                                                                                         because we’re jerks. We do it
ate to join us and we spent                                                                                                          because we’re accountable to
an hour or so eating and                                                                                                             people too. And those people
chatting. He was a partner                                                                                                           are fine with paying Rolls
and seemed like a nice guy.                                                                                                          Royce fees for a Rolls Royce
His associate was also                                                                                                               case, but they want to see
delightful. We talked about                                                                                                          Oldsmobile fees for an
sports. We talked about our                                                                                                          Oldsmobile case. Be cog-
kids. We talked about every-                                                                                                        nizant of what the case really
thing except the case.                                                                                                             means to the client (e.g., actual
    When we finished our                                                                                                          dollar value or emotional
meals, the check arrived.                                                                                                       value). Once you have that fig-
Thinking nothing of it, I grabbed                                                                                             ured out, be effective and be
it. Let me tell you — my new friend                                                                                       efficient. Lawyers who are effective and
almost came out of his chair to snatch it                                                                             efficient have, or will develop, long-time
away from me! He was breathless with                                                                                  clients who would never think of going
indignation. How could I possibly think            past the partner who reviews their time.                           elsewhere. On the other hand, lawyers
he would let me pay for lunch? Okay,               And partners are usually pretty good sifters                       who sacrifice effectiveness for haste, or
okay. I got it. No big deal. I wasn’t really       — they leave in the good billable time and                         those who sacrifice efficiency to over-
even pressing the issue, but it sure mat-          sift out the time they don’t think they can                        lawyer a case, may make a killing on a
tered to him. So he paid the tab. After we         charge a client. But partners aren’t perfect.                      particular client once, but in the end will
said our goodbyes, I headed to the airport         They don’t catch everything. And after                             lose repeat business. It isn’t just about get-
and flew home.                                     the partner sends off the bill, somebody                           ting a big client; it’s about keeping them
    The punch line? I received my outside          else looks at the time. I know I do. Well,                         loyal to you and your firm.
counsel’s bill about three weeks later. And        not just me, but in-house counsel in gen-                              Billing properly is a very difficult task,
guess what? That’s right. He billed the lunch      eral. This is worth repeating — the client                         but it’s worth doing right. If done correctly,
back to me! Now, normally I wouldn’t care.         looks at your bills!                                               the reward is a loyal client base that keeps
But this guy made such a production about               Nevertheless, people seem to forget. I                        coming back and one that sings your
paying that I was, well, I was a little torqued.   know because I have seen some egregious                            praises to other potential clients. ■
Oh yeah — he invited our lunch guest! No,          billing offenses. I’ve had outside counsel
I was a lot torqued.                               send me a first month bill on a matter that
    I’ve been an in-house lawyer for three         exceeded the worst-case damages estima-                            Chad is an attorney in the Memphis office of
and a half years. Before that, I billed my         tion. I’ve had lots and lots of bills that ask                     FedEx Trade Networks. He serves as on the
share of time. My workday, or at least the         my company to pay for conferences among                            YLD Board as West Tennessee Governor and
part for which I could charge, was neatly          three or more lawyers at the same firm                             liaison to the Communications Committee. He
broken down into tenths of an hour. I              (charging me for the time of each lawyer                           can be reached at

                                                                       w w w. t b a . o r g / y l d                                                        page 15
 Young Lawyer
                                                     US POSTAGE
                                                     Nashville, TN

       The Tennessee Bar Association                Permit No. 929
       221 Fourth Avenue North, Suite 400
       Nashville, TN 37219

Meeting in the Mountains: TBA’s Annual Convention
   t’s not too early to mark your calendar

I  for the 2008 TBA Annual Convention
   in Gatlinburg, June 11-14. Make plans
now to experience everything the conven-
tion has to offer from fellowship with
members of the bench and bar to top-of-
the line CLE programming (free with
convention registration) and this year’s
YLD service project Wills for Heroes. We
encourage all young lawyers to join us in
the mountains and make Annual Conven-
tion an event to remember.
   TBA has secured a block of rooms and a
reduced rate of $124 per night at the Clarion
Inn and Suites, 1100 Parkway, Gatlinburg
37738. Reservations may be made through
May 15 by calling 800-933-0777 x135.
   Learn more about the seminars and
events being offered at
convention2008 ■

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