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• VO LU M E 3 • ISSUE 3 • SPRING 2008
A Q U A R T E R LY P U B L I C AT I O N O F T H E T E N N E S S E E B A R A S S O C I AT I O N YO U N G L A W Y E R S D I V I S I O N
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
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YLD in the Community . . . . .
2008 Mock Trial Competition.
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Practice Tips . . . . . . . . .
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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
THE PRESIDENT’S CORNER
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 long@latlaw.com
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.
➤ JASON LONG, PRESIDENT
➤ 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
➤ LANDRY BUTLER, DESIGN & PRODUCTION
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
page 2 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
SPOTLIGHT ON TENNESSEE LAW SCHOOLS
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 cd_nicholson@yahoo.com
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
w w w. t b a . o r g / y l d page 3
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.
http://www.tba.org/Journal_Tbarchives/tbj-2008_03.html
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 candice.reed@counseloncall.com.
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
www.tennbaru.com. 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 www.tba.org/Convention2008 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 www.thebillandphilshow.com)
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,
page 4 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
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 sgifford@woolfmcclane.com.
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
w w w. t b a . o r g / y l d page 5
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.
Blakney
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-
Pannu
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
Haines
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
Tipton
page 6 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
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, mcombs@larrywilks.com. reached at mcombs@larrywilks.com
page 8 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
COMPETITION DETAILS
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,
Nashville
• District 6: Joe “Jay” R. Johnson II,
Springfield
• 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
Ridge
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,
Jackson
• YLD Vice President David Changas,
Lewis King Krieg & Waldrop PC,
Nashville
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,
Memphis
• YLD Middle Tennessee Governor
Jason Pannu, Lewis King Krieg &
Waldrop PC, Nashville
Judges
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 ■
w w w. t b a . o r g / y l d page 11
T E N N E S S E E Y O U N G L A W Y E R
BARELY LEGAL
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 brian.faughnan@arlaw.com.
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
TYL PEOPLE
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 wwilson@bakerdonelson.com.
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
PRACTICE TIPS
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 chad.dickson@fedex.com.
w w w. t b a . o r g / y l d page 15
Tennessee
Young Lawyer
PRESORTED
STANDARD
US POSTAGE
PAID
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 www.tba.org/
convention2008 ■
