Nashville Bar Journal - July 2011

Nashville Bar Journal July 2011 - VOL 11, NO. 6

------------------------------------------------------------------------------The Fluid State of DUI Law: an overview of recent changesDaphne Davis & Ed Ryan------------------------------------------------------------------------------Nuts & Bolts Series: Drafting a Basic WillTracy Kane & Harlan Dodson------------------------------------------------------------------------------Bill & Phil’s Gadget of the Month:Fun in the Sun with TechnologyBill Ramsey and Phillip Hampton------------------------------------------------------------------------------

Legislative Update 2011

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FROM THE PRESIDENT

Legislative Update 2011PAGE 6

Tracy Kane & Jillian Mastroianni

Get Involved In Our CLE ProgramPAGE 2

Bob Mendes, MGLAW, PLLC

Profile: Kathleen Henderson PohlidPAGE 10

Eleanor Wetzel

The Fluid State of DUI Law: an overview of recent changesPAGE 8

Daphne Davis & Ed Ryan

_______________________________________________4 Communiqué • Golf Tournament • Capital Campaign Donor Appreciation Night • Ode to Otha • Golden Oldies • Upcoming Events_________________________________________________________

12 Bill & Phil’s Gadget of the Month: Fun in the Sun with Technology Bill Ramsey, Neal & Harwell, PLC Phillip Hampton, LogicForce Consulting_________________________________________________________

CLE Information - Center Section_________________________________________________________

16 Nuts & Bolts Series: Drafting a Basic Will

Tracy Kane & Harlan Dodson_________________________________________________________

22 Disclosure - Announcements • Kudos • People on the Move • Firm News • In Memory_________________________________________________________24 Classified Listings_________________________________________________________

Nashville Bar JournalA Monthly Publication of the Nashville Bar Association www.nashvillebar.org

-Golden Oldies-

-----------------------------------------------------------------------------------------------Identify the individuals in the photo. Be the first to email the correct answer

to [email protected] and your name (along with your correct entry) will appear in next month’s issue.

------------------------------------------------------------------------

View Full Calendar online at www.nashvillebar.org

July 12 - 11:30 amL.A.W. Meeting

July 12 - 3- 6 pmNBA OPEN HOUSE

July 13 - 11:30 amHistorical Committee Meeting

July 14 - 11:30 amEnvironmental Committee Meeting

July 14 - 12:00 pmNBF Meeting @ The Palm

July 19 - 12:00 pmEthics Committee Meeting

July 21 - 12:00 pmGovernment Committee Meeting

July 22 - 12:00 pmHigh School Intern Recption

September 22, 2011 NBA Free Member Picnic@ Hall of Fame Park

October 4, 2011 Sixth Annual Tennessee Su-preme Court Historical Society Dinner @ Hilton Downtown

October 7, 2011 3rd Annual NBA Healthy Bar Party @ Waller Lansden

November 5, 2011NBF Fellows Dinner

December 8, 2011NBA Annual Meeting & Banquet @ Wildhorse

2 Nashville Bar Journal - July 2011

Get Involved In Our CLE Program

Two months ago, I wrote about something the NBA has done for its members – built great new offices and a modern CLE center. Last month, I wrote about what our members can do for the broader community by getting more involved with pro bono opportunities. This month, I want to talk about what the NBA and its members can do together. The NBA's continuing legal education pro-gram helps the NBA and its members. Please consider getting more involved in our CLE programs.

Let me start with some brief history. The State of Tennessee first required law-yers to obtain annual CLE credit in 1987. Not long after that, the NBA started to provide CLE opportunities for its members. From the start, the program was about our members organizing programs for our members. Of course, over time, the program grew. Under Susan Blair's leadership since 1991, our CLE program is nationally recognized for its excellence.

While the CLE program provides a critical service to our members, it is also an important component of how we keep the lights on at the NBA. For example, in the 2010 fiscal year, the CLE program accounted for approximately 26% of the NBA's revenue. In fact, after dues, CLE is our most significant revenue source. To be honest, it is a delicate balance for the NBA to produce its excel-lent programs and price them in a way that is competitive with both private enterprises and regional bar associations, and still create net revenue for our association. Susan and the whole NBA team are to be commended for pulling this off year after year. We are also proud to have been the State of Tennes-see's chosen vendor for the last 15 years to provide CLE for many of the lawyers employed by the State.

Earlier, I mentioned that CLE is something that the NBA and its members can do together. What I mean is that our CLE programs are a win-win for everyone involved. For those that organize and present, it is a great way to engage in some personal marketing. You can show off your ability to get things done, and also demonstrate technical competence in your chosen practice area. If you are interested in getting some tips about how to get involved in teaching CLE programs, this post from lawyerist.com is helpful: http://lawyerist.com/a-cle-presenter-is-born/.

For the NBA, your participation as a presenter or an attendee is invaluable. It is through connecting with local lawyers that our Nashville bar will remain as strong and collegial as ever. I would add that the NBA's new CLE center is the most state-of-the-art dedicated CLE facility in the Nashville area. We would love for all of you to give it a test drive and see how effective and user-friendly it is.

There is another way that the NBA and its members can work together with CLE. For this, it is helpful to know how the CLE world has changed over the last quarter century. In the 1980s, the NBA produced CLE in an environment where there was little competition; it truly was a service to allow members to satisfy the then-new mandatory CLE requirement. We are now in an era of intense competition – there are tons of providers, and, often, our good ideas for programs are mimicked by others in the market. Despite it all, the NBA

Nashville Bar Association150 Fourth Avenue North

Suite 1050Nashville, TN 37219

615-242-9272 Fax 615-255-3026www.nashvillebar.org

Robert Mendes, Publisher William T. Ramsey, Editor-in-Chief

[email protected] Eleanor Wetzel, Managing Editor

[email protected]

Editorial Committee:Kelly L. Frey

Nanette GouldMarge Haines

Kathleen PohlidTim Ishii

Tracy KaneRhett ParrishBill Ramsey

Stephanie ReeversEleanor Wetzel

No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. The Nashville Bar Journal is not responsible for the return or loss of unsolicited manuscripts or for any damage or other injury to unsolicited manuscripts or artwork.

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

The Nashville Bar Journal, ISSN 1548-7113, is published monthly by the Nashville Bar Association at 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219, (615) 242-9272. Periodicals Postage Paid, Nashville, TN (USPS 021-962). Subscription price: $25 per year. Individual issues: $5 per copy.

POSTMASTER: Send address corrections to Nashville Bar Journal, 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219

Nashville Bar Association Staff

Gigi WoodruffExecutive Director

-----------Tina R. Ashford

Communications Coordinator

Susan W. BlairDirector, Continuing Legal Education

Shirley ClayFinance Coordinator

Wendy K. CozbyLawyer Referral Service Coordinator

Nikki R. GrayDirector of Communications

Traci L. HollandsworthPrograms & Events Coordinator

Judy PhillipsCLE Coordinator

Vicki ShouldersMembership Coordinator/Office Manager

Nashville Bar JournalA Monthly Publication of the Nashville Bar Association www.nashvillebar.org

Journal Staff:Nikki Gray, Director of Communications

[email protected] Ashford, Communications Coordinator

[email protected]

FROM THE PRESIDENT by Bob Mendes

Nashville Bar Journal - July 2011 3

continues to produce top-notch programs. I would urge all of you to affirma-tively choose the NBA's CLE programs. There is a wide variety of programs available; so there is little chance of selling yourself short in attending our programs. And, importantly, it is valuable to the NBA if you can choose to support our local bar.

Finally, like any great product, CLE eternally is a work-in-progress trying to be the best it can be. If you have suggestions, please join our CLE Commit-tee (chaired by Kate Stephenson) or give our CLE Director (Susan Blair) a call. n

Got an Idea for an NBJ Article?We want to hear about the topics and issues readers think should be

covered in the magazine.Send it to

[email protected]

2011 NBA BOARD OF DIRECTORSRobert J. Mendes, President

John D. Kitch, President-ElectBarbara J. Perutelli, First Vice President

John J. Griffin Jr., Second Vice PresidentAlisa C. Peters, Secretary

William Robert Pope, TreasurerM. Bernadette Welch, Assistant Treasurer

Gareth Aden, General Counsel

Rebecca C. BlairRobert E. BostonC. Dawn DeanerCharles K. Grant

Barbara D. HolmesMichele M. JohnsonHon. Randy Kennedy

Patricia MoskalTracy Shaw

Tom SherrardHon. Marietta Shipley

Emily A. ShouseMichael D. Sontag

John R. TarpleyMandy Haynes Young


NBA NEWS n COMMITTEE INFORMATION n SPECIAL EVENTS n NBA NEWS n COMMITTEE INFORMATION n SPECIAL EVENTS n NBA NEWS n COMMITTEE INFORMATION n SPECIAL EVENTS n NBA NEWS n COMMITTEE INFORMATION n communiqué

1st Flight –First place: Taylor Mayes, Pete Ezell, Benton Patton, Will ChapmanSecond place: John Kitch, Rick McDonald, Derrick Green, Erick Brooks Third place: Michael Ewing, Griffin Dunham, Will Helou, Mark Donnell

2nd Flight – First place: Greg Atwood & Chris McVaySecond place: Jeff Gibson, Isaac Sanders, George Cate, David ThompsonThird place: Randall Ferguson, Joe Leniski, Gerard Stranch, Mike Wall

Closest to the Pin: Brian HolmesLongest Drive (Male): Mark Donnell Longest Drive (Female): Michelle KennedyLongest Putt: Brandon Boozer

June 9, 2011 - The Annual Golf Tournament was held this year at the Vanderbilt Legends Club, Franklin, TN. The tournament drew approximately 25 teams that participated in a 4-person scramble. Thanks to everyone who took part in this year’s event.

2011 Nashville Bar Association & Nashville Bar Foundation Golf Tournament

The Winners:

3rd Annual NBA Healthy Bar PartyIt's Your Move Capital Campaign Donor Appreciation Night

We welcomed all our capital campaign donors to our new space on Mon-day June 20, 2011. Thank you again to everyone who helped make our new offices possible! Photos from Monday's event can be viewed online at www.nashvillebar.org

There will be an open house for all our members on July 12 from 3-6 pm. We invite you to come check out your new bar headquarters!

THE LAW GOT YOU FEELING STRESSED, OVER-WHELMED? LOOKING FOR SOLUTIONS TO GET YOUR LIFE AND YOUR PRACTICE BACK ON TRACK? Then come to the Third Annual Healthy Bar Party on Friday, October 7, 2011, at the offices of Waller Lansden, Nashville City Center, from 10:00 a.m. to 3:00 p.m. You will learn tips for overcoming anxiety and depression, the role that good nutrition plays in fighting stress and anxiety, what it really means to have a balanced life, and so much more. Throughout the day we'll offer healthy snacks, free wellness checks, and chair massages.

The cost? It's free! However, we will be accepting dona-tions to the William Cain Revolving Loan Fund program at the door.

The Third Annual Healthy Bar Party is brought to you by the Nashville Bar Association's Health and Wellness Com-mittee and is Sponsored by Tennessee Lawyer's Assistance Program We look forward to seeing you on October 7!


NBA NEWS n COMMITTEE INFORMATION n SPECIAL EVENTS n NBA NEWS n COMMITTEE INFORMATION n SPECIAL EVENTS n NBA NEWS n COMMITTEE INFORMATION n SPECIAL EVENTS n NBA NEWS n COMMITTEE INFORMATION n

UPCOMING EVENTS:-----------------------------------------------Carbolic Smoke BallSaturday, July 9, 2011@ aVenue-----------------------------------------------NBA PicnicThursday, September 22, 2011 @ Hall of Fame Park--------------------------------------------------- Sixth Annual Tennessee Supreme Court Historical Society Dinner October 4, 2011 @ Hilton Downtown--------------------------------------------------------------

3rd Annual NBA Healthy Bar PartyMove to a Balanced LifeAre you sick of happiness gurus telling you ALL you have to do to "achieve" a "better" work/life balance? Peg Beehan, LCSW, knows that you have your own strengths and challenges in creating a balanced life. Join her for "Creat-ing a PERSONAL definition of a Balanced Life" at the NBA Healthy Bar Party on Friday, Oct. 7, 2011, at Waller Lansden, Nashville City Center, 511 Union Street, Nashville TN.--------------------------------------------------------------NBA Fellows Dinner November 5, 2011--------------------------------------------------------------NBA Annual Meeting & Banquet @ WildhorseDecember 8, 2011--------------------------------------------------------------

-Golden Oldies-Gayle Malone, Jr of Walker, Tipps & Malone was the first to correctly identified the individ-uals in the May Golden Oldies photo.

Pictured are: Bill Harbison, Sr. and Robert Sturdivant

Bill Ramsey’s Annual Ode to Otha Celebration June 4, 2011 - Bill Ramsey's annual 'Ode to Otha' celebration proved to be a continued suc-cess attracting a crowd of more than 1,300 people. The event raised more than $30,000 for Second Harvest Food Bank and donations are still coming in. A great time was had by all!

Bill's annual birthday celebration (his and the late Otha Turner's) has become a block-party tribute to Otha, the master of fife and drum blues, who passed away in 2003. His family band, Sharde Thomas and the Rising Star Fife and Drum Band performance was amazing. Other featured bands included: Bashful Mountain Broadcasters, Smoking Flowers, Blue Mother Tupelo, Stacy Mitchhart, and Dank Clementine.

You can still make a contribution to this important cause by visiting Second Harvest Food Bank’s website at www.secondharvestnashville.org. Photos from the event are online @ www.nashvillebar.org!


BankruptcyPub. Ch. No. 60 (HB0491/SB0503): Increases the personal property exemption related to execution or seizure to satisfy a judgment from $4,000 to $10,000. Effective 4/11/2011. Criminal LawPub. Ch. No. 299 (HB0151/SB0254): Amends T.C.A. § 39-15-150 by adding new subsection (j), providing that venue and territorial jurisdic-tion for the offense of identity theft may be where the victim resides or is located. Effective 7/1/2011. Pub. Ch. No. 362 (HB0300/SB0487): Amends T.C.A. § 39-17-308 to broaden the offense of harassment to include certain electronic commu-nication with or about another person, or the transmission or display of certain images. Effective 7/1/2011.

Pub. Ch. No. 290 (HB1365/SB1086): Amends T.C.A. § 40-30-117(c) increasing the amount of time, from 10 to 30 days, a petitioner in a post-conviction relief action has to appeal the ruling of the trial court to the court of criminal appeals on a motion to reopen the petition. Effec-tive 5/27/2011.

Pub. Ch. No. 379 (HB0391/SB0343): Amendments to T.C.A. § 55-10-403 increase the minimum time that a driver’s license may be revoked for third DUI convictions from three to six years, and for subsequent DUI convictions from five and eight years. Effective 7/1/2011.

Pub. Ch. No. 292 (HB1051/SB1265): The “I Hate Meth Act” prohibits a pharmacist from selling more than 3.6 grams per day, or more than 9 grams per 30-day period, of non-exempt methamphetamine to the same individual, unless that individual has a valid prescription. The Act also allows the pharmacist to decline the sale if he or she believes the sale is for an illegitimate purpose. Effective 7/1/2011.

Legislative Update 2011Tracy Kane and Jillian Mastroianni

With Republican majorities in the General Assembly and the execu-tive branch, this year’s legislative session proved to be quite active. Below are a few of the laws enacted this year that may impact your practice.

FEATURE

by:


Civil ProcedurePub. Ch. No. 498 (HB1358/SB1114): The stated purpose of this legislation is to overrule the summary judgment standard for parties who do not bear the burden of proof at trial set forth in Han-nan v. Alltel Publishing Co., 270 S.W.3d 1 (Tenn. 2008). Effective 7/1/2011.

Pub. Ch. No. 510 (HB2008/SB1522): The Tennessee Civil Justice Act of 2011, commonly known as the tort reform law, limits non-economic dam-ages in health care liability actions to $750,000 per injured plaintiff, and non-economic damages in a catastrophic injury to $1,000,000 per injured plain-tiff. Effective 10/1/2011.

Pub. Ch. No. 130 (HB1189/SB1912): Clarifies that Title 50 (Employer and Employee) and Title 56 (Insurance) provide the sole and exclusive statutory remedies and sanctions applicable to an insurer, person, or entity licensed, permitted, or authorized to do business under Title 56 for alleged breach of, or for alleged unfair or deceptive acts or practices in connection with, a contract of insurance. Effective 4/29/2011.

EducationPub. Ch. No. 466 (HB1989/SB1523): Amends Title 49, Chapter 13, rela-tive to charter schools by allowing any student in a charter school's jurisdiction to attend the school, removing the cap on the number of charter schools in the state, and authorizing the achievement school district to approve applications to create charter schools. Effective 6/10/2011.

Pub. Ch. No. 251 (HB0301/SB0488): Amends Title 49 by defining cyber-bul-lying and requiring schools to implement policies against cyber-bullying. Effective 7/1/2011.

Pub. Ch. No. 457 (HB1336/SB1993): Revises restrictions on isolation and re-

straint in special education and renames the Act as "Special Education Isolation and Restraint Modernization and Posi-tive Behavioral Supports Act." Effective 6/10/2011.

Election LawPub. Ch. No. 389 (HB1003/SB1915): Deletes the prohibition against corpora-tions making contributions to political candidates and designates any corpora-tion that makes expenditures to support or oppose any measure or candidate for public office during a calendar quarter in an aggregate amount exceeding $250 as a political campaign committee. Addi-tionally, the law increases contribution limits to reflect change in the consumer price index (CPI). Effective 6/1/2011.

Pub. Ch. No. 182 (HB0612/SB0599): Moves the date of the presidential pref-erence primary from the first Tuesday in February to the first Tuesday in March and changes related qualifying deadlines for local candidates. Effective 7/1/2011.

Pub. Ch. No. 323 (HB0007/SB0016): Requires a voter, as of 1/1/2012, to pres-ent qualified photographic identification before voting. Voters without proper identification will be allowed to cast provisional ballots. T.C.A. § 2-7-112. Effective 1/1/2012.

Employment LawPub. Ch. No. 461 (HB1641/SB0940): Establishes a statutory burden of pro-duction and persuasion in employment discrimination, Tennessee Disability Act, and retaliatory discharge actions. As enacted, the law establishes that the burden is on the plaintiff to establish a prima facie case of intentional dis-crimination or retaliation. The burden then shifts to the defendant to produce evidence that one or more legitimate, nondiscriminatory reasons existed for the challenged employment action. If the defendant produces such evidence, the burden shifts to the plaintiff to

demonstrate that the reason given by the defendant was not the true reason for the challenged employment action, but a pretext for illegal discrimination or retaliation. Effective 6/10/2011.

Pub. Ch. No. 203 (HB2047/SB1785): Establishes that in cases where the employer has implemented a drug-free workplace, if the injured employee has, at the time of the injury, a specified blood alcohol concentration level or positive confirmation of a drug, then it is presumed that the drug or alcohol was the proximate cause of the injury. This law also changes the evidence require-ment from a preponderance of the evi-dence to clear and convincing evidence for rebutting the presumption that drugs or alcohol were the proximate cause of the injury. TCA § 50-6-110(c). Effective 7/1/2011.

Pub. Ch. No. 33 (HB0283/SB0519): Provides that an employer permitting a person with a handgun carry permit to carry a handgun on the employer's prop-erty does not constitute a TOSHA occu-pational safety and health hazard to the other employees. Effective 3/31/2011.

Pub. Ch. No. 416 (HB1503/SB0932): Amends various provisions in Chapters 2 (Wage Resolutions), 6 (Workers’ Compensation Law) and 7 (Tennessee Employment Security Law) of Title 50, including clarifying that present law does not prohibit parties in workers’ compensation settlements from compro-mising and settling the issue of future medical benefits and clarifying that cumulative trauma conditions, such as hearing loss, carpal tunnel syndrome, or any other repetitive motion conditions, are not considered employment injuries unless such conditions arose primarily out of and in the course and scope of employment. Effective 6/6/2011.

Legislative Update 2011

Continued on Page 14


FEATURE

As we all know too well, the laws in Tennes-see are constantly changing. Although it is time-consuming to keep up with the changes, attorneys have a duty to stay updated. One area that seems to be in the realm of perpetual metamorphosis is DUI legislation. Effective for a little over a year now, there were several changes to how multiple Driving Under the Influence offenders are handled. The remaining updates went into effect January 1, 2011.

TCA §55-10-401 has been changed to define driving under the influence as “impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of himself which he would otherwise possess.” In plain English, this means a change to the elements of a DUI. Now, the State must show some “bad driving” as an element of the offense. If a driver is pulled over for an expired tag or broken tail light, the driver would not be guilty of DUI under the updated statute.

When the new law went into effect in Janu-ary, the most hotly debated issue by far was the bond restrictions. The law states, in part, that a person with a conviction (be it a conviction

for DUI, vehicular assault, or vehicular homicide) within 10 years of the arrest date for the new charge, shall not be released on bond unless the court determines the defendant is not a danger to the community. The courts may consider using devices, such as ignition interlock, SCRAM devices, or electronic monitoring to ensure the public’s safety. The court also has the authority to order pretrial residency in an alcohol treatment center. As you can see, the legislature has granted the judicial branch great latitude. Ultimately, cases will be handled differ-ently from county to county, and even from judge to judge in the same county.

An area where the courts have less flexibility pertains to implied consent. We all know that driving a motor ve-hicle on Tennessee’s roadways implies that we consent to a blood alcohol content test. A violation of this provision is a civil charge, not criminal. The language in the updat-ed statute requires a determination as to whether a driver violated this subsection at the first appearance or prelimi-nary hearing—no later than the case being bound over to the grand jury. However, upon motion by the State, this determination may be made at the same time and in the same court as the underlying case. A violation of the implied consent statute results in a one year suspension of one’s driver’s license. Again, this is a civil proceed-ing; any appeals of rulings related to only implied consent

The Fluid State of DUI Law: an overview of recent changesDaphne Davis & Ed Ryanby:


a mandatory minimum 48 hours in jail. Also, anyone who drives a vehicle without an interlock device, after the entry of an order requiring one, commits a Class B misdemeanor with a manda-tory minimum seven days in jail and a $1,000 fine.

Another quick point to keep in mind—a person convicted of a DUI-Second Of-fense will be required to have the inter-lock device installed for six months after his license is reinstated. This is required by the Tennessee Department of Safety.

As you see, the changes to the DUI law are significant. Our duty to our clients is to be informed, and in turn, inform the client. This article is just the “tip of the iceberg.” If you represent clients charged with DUI, you must review the statute in its entirety. And you must be able to adapt to the changing circum-stances of the current laws. The state legislature, encouraged by the District Attorneys General, continues to debate this matter. Many expect the laws will keep changing and evolving in the near future. n

go to Circuit Court. It’s quite possible that a person would have a case in both Criminal Court and Circuit Court (or Circuit Criminal and Circuit Civil for those outside Davidson County). An appeal from General Sessions to Circuit Court would stay the suspension of the license. Further, if the criminal case is dismissed, the driver’s license can easily be reinstated. The prior law allowed this determination to occur after the de-fendant was found guilty or pled guilty.

With implied consent matters going to Circuit Court on appeal, this begs the question-Who represents the State in these appeals? And who do defense attorneys serve with interrogatories and notices of deposition? These issues are still being worked through. You may well be the frontiersman or frontiers-woman in this area.

Another issue of the implied consent violation is whether the license suspen-sion runs concurrently or consecutively to the suspension for the underlying driving under the influence charge. The statute is actually quite clear on this issue. The suspensions will run consecu-tively if the judge who determines the violation of the implied consent statute finds that the driver has a conviction or juvenile adjudication, within five years, for a violation of any of the following: prior implied consent, under-age driving while impaired, open container law, or reckless driving if the charged offense was DUI. If the judge finds none of these apply, the suspensions will run concurrently to each other. A defendant could lose his license for two years for just one event. Perhaps now you see just how important it is to thoroughly question your clients about their previ-ous interactions with law enforcement, especially those related to driving and alcohol offenses.

Let’s move now to the interlock device. The interlock device is now required if the driver:

• has a B.A.C. of .15 or higher;• is accompanied by a person

under age 18;• has an accident, and the proxi-

mate cause of the accident is the person’s intoxication;

• was found to be in violation of the implied consent statute; or

• has a conviction or juvenile adjudication within the past five years for implied con-sent, under-age driving while impaired, open container law, or reckless driving (if reduced from a DUI charge).

The positive part of this change is that there are no time or geographical restric-tions with the interlock device. A per-son convicted of a DUI-first offense can still obtain a restricted license under the prior statute, unless he or she chooses to have the interlock device.

A person ordered to have an interlock device has to designate a specific vehicle for it to be installed. If he or she sells that vehicle and acquires a new one, he or she has to inform both the State and his or her probation officer. What if your client wants more than one vehicle to be equipped with an interlock device? No problem—the defendant just pays for it to be installed on his choice of vehicles. Many people drive a motor ve-hicle in the course of their employment. An interlock device is not required on company-owned vehicles, but the court has to approve, and the probation officer has to be notified. The employer has to be notified that the employee is under a court order for the interlock device. If the driver has any ownership interest in the company, this provision doesn’t apply. If you own the company, ante up for the interlock device.

It is also important to advise your cli-ent that tampering with the interlock device, asking another person to blow into your device, or blowing for another person is a Class A misdemeanor with

Ed Ryan worked as a police officer for 16 years. In 1997, Ed went to work for the Davidson County District Attorney’s office. While at the District

Attorney’s office Ed was the lead prosecutor for a Driving Under the influence charges including vehicular homicide and vehicular assault. While in the District Attorney’s office he worked with other prosecutors concerning legislation and training for other DA’s in DUI prosecution. In 1999, Ed went into private practice with an emphasis in criminal defense. Now approximately 95% of his practice is DUI defense.

Daphne Davis earned her under-graduate degree in Aerospace from MTSU and worked several years at Southwest Airlines. She is a 2009

graduate of Nashville School of Law. Daphne went into private practice upon passing the bar exam. Her practice areas include criminal defense and family law.


PROFILE

Kathleen Henderson PohlidEleanor Wetzelby:

A loud bang disrupted the night, startling her out of sleep. At first she was not sure whether it was incoming or outgo-ing fire. The Marines in her unit carried their weapons at all times, so she had her weapon ready and was reaching for her flak and helmet, preparing to head out of her “can” and face the attack. But, then she heard another bang followed by a comforting “swoosh” that indicated the fire was indeed outgoing. All was okay that night; she could go back to sleep and so she did, sleeping through the rest of the fire. It was her first night in Iraq.

Attorneys often characterize preparing for a conten-tious trial or hearing as getting ready for battle. But, very few have done so in combat.

The Nashville Bar can be proud that several of our own have honorably served our country1, including Kathleen Henderson Pohlid2 of Drescher Heller Pieper Martin, P.C.3 who served two combat deployments over the course of her legal career before retiring from the Marine Corps last year.

When first meeting Kathleen you might not guess that she is a member of the military, let alone a decorated colonel in the Marine Corps, the military branch known as the “First to Fight.” Although she has two brothers who did not serve in the military, Kathleen opted to follow a similar path as her father, a retired U.S. Army colonel. The idea of serving her coun-

try was very appealing; “I was attracted to that challenge,” she says. “Most of all, I liked the idea that I was making a contribution with my life.”

Kathleen’s pioneering spirit led her to the U.S. Naval Academy, where she was a member of the first class of female midshipmen. Upon gradua-tion, she entered the Marine Corps as a commis-sioned officer. When she resigned from active duty in 1986 to enroll in law school, Kathleen elected to remain in the active reserves. She began her legal career in Alabama in 1989, first serving as a federal clerk (1989-1990) and then working as a trial attorney with the U.S. Depart-ment of Labor (1990-2002). In 2003, she was promoted to colonel and moved to Tennessee where she joined, and later became partner, at the law firm of King & Ballow (2003-2011).

It was just a couple years after she moved to Tennessee that she was first deployed overseas as part of the reserve duty. She had been activated as a reserve once prior for Operation Desert Storm, but her unit was not deployed. Kathleen is grateful to King & Ballow for their support of her military service during her two combat deployments. Her first deployment took her to Djibouti, a small country in the Horn of Africa (activated July 2005-March 2006), where she served as the



Staff Judge Advocate to Major General Timothy Ghormley, Commanding Gen-eral to the Combined Joint Task Force Horn of Africa. This Joint Command (involving the Marine Corps, Army, Navy, and Air Force) covered twelve countries in Africa and included both anti-terrorism and humanitarian as-sistance missions. Coalition forces from the UK, Pakistan, Netherlands, Poland, Germany, Kenya, and other nations participated.

Kathleen found this assignment as coun-sel for Major General Ghormley to be her most rewarding military experience. She provided legal counsel to support the Command’s mission of anti-terror-ism and humanitarian assistance.

We did numerous humanitar-ian assistance projects includ-ing digging wells providing a life source of much needed water to parched areas. Water is a scarcity in many areas and is desperately needed for people and their livestock. We also worked with local governments and people to refurbish schools promoting education for both boys and girls. It was a fun and excit-ing event to attend a school dedication. We met the fami-lies, teachers and students. Dedicating a school is a major event to many of these com-munities.

After returning from Africa, Kathleen could have retired from the reserves but elected to remain, noting that conflicts were growing in Iraq and Afghanistan, and she did not feel comfortable retiring without having served there should she be needed.

She was back in the civilian practice of law for only one year before she received a call “out of the blue” from a Marine colonel asking if they could count on her support “in Theater.” She assured they could and this time she was deployed to Fallujah, Iraq (activated December 2007-March 2009) and assigned to the Command, Multi-National Force-West, Iraq, which covered Al-Anbar Province.

Kathleen explains that the battle for Al-Anbar Province was “one of the hard-est fought urban battles in American history.” The military mission began as a kinetic (with shooting and killing) and then moved to a consensus effort to provide support and governance to the Iraqis, promoting democracy and the rule of law.

I was mobilized for duty in Iraq in 2007. I arrived in Iraq via Kuwait. My arrival oc-curred just after the first snow fall in Baghdad in decades. I was prepared for the summer heat in Iraq [which exceeds 120 degrees Fahrenheit], but not the cold. In Iraq, I was assigned as the Assistant Staff Judge Advocate and reviewed investigations preparing en-dorsements on behalf of three Marine generals.

These investigations covered a diverse variety of subject matter including deaths, civilian casualties, escalation of force, alleged law of war violations, oil smuggling, discrimination, sexual harass-ment, detainee abuse, corruption/theft, among others. During her assignment, Kathleen reviewed hundreds of classified and unclassified investigations.

Kathleen was also assigned as Deposition Officer to preside over depositions of the Iraqi civilian witnesses involved in the criminal case involving the deaths of

twenty-four Iraqi civilians that occurred in Haditha on November 19, 2005. Eight Marines were initially charged in the incident. Charges were dismissed against six, one was acquitted, and the remaining defendant is pending court-martial proceedings. As Deposition Officer, Kathleen’s duty was to maintain order in the proceedings conducted in Haditha, protect the parties and witness-es, record objections, and authenticate the record.

The Command worked to ensure a peaceful transition in Al-Anbar Prov-ince, successfully turning over Camp Fallujah to the Iraqis. Kathleen was on the last chopper of the Command Ele-ment to depart the Camp. Kathleen retired from the Marine Corps in January 2010, but her life has not slowed down. With over twenty years of experience in litigation and employ-ment law—in both federal government and the private sector— she focuses her practice at Drescher Heller Pieper Martin, P.C. on employment, litigation, governmental compliance, occupational safety, and health law issues including Medicare audits. She continues to pro-fessionally write and speak on employ-ment law and regulatory compliance matters.

She also remains active in the Nashville community, as a parishioner at the Ca-thedral of the Incarnation; Regent with the Daughters of the American Revolu-tion, Francis Nash Chapter; Vice-Presi-dent for the Nashville Catholic Business Women’s League; and as a member of Kiwanis, a global institution dedicated to improving the lives of children.

Although Kathleen is no longer actively involved in the Marine Corps, she cher-ishes her military service:


BILL AND PHIL’S GADGET OF THE MONTH CLUBBy: Bill Ramsey of Neal & Harwell, PLC and

Phillip Hampton of LogicForce Consulting

Fun in the Sun with Technology

Ah, the halcyon days of summer are upon us. Time to pack up the car, head for the beach, the park, the mountains…anywhere there is plenty of sunshine. Thankfully there's no need to leave your power-hungry gadgets at home. There's a growing number of tech gadgets that take advantage of our earth's most plentiful natural resource, sunlight. Solar power gadgets allow us the guilty pleasure of staying connected to the wired world even when we're miles away from actual electrical wires. So as we prepare to head off to some sunny destination where we can dig our toes in the sand while reviewing legal briefs or sip a cold beverage poolside while we answer client email , here are some solar gadgets that we'll certainly want to pack:

The Eclipse Solar Backpack (www.eclipsesolargear.com) comes equipped with a flexible solar panel that provides up to 4 watts of power to re-charge your small portable electronics. The backpack has multiple organizer pockets for all sizes of smartphones, iPods, and accessories. It has a separate padded laptop cavity, although it is not designed to re-charge lap-top batteries. So assuming you're not going cave exploring this summer, you should have plenty of juice for your Black-berry, iPhone, or Droid so you won't miss any important calls or emails while on vacation.

Speaking of iPods: they are incredible portable music players, but it's a real drag sharing your ear buds with your traveling companions so they can hear that really cool Lady Gaga song you just downloaded. Never fear -- with the Eton Soulra XL solar-powered iPod/iPhone speaker system (www.etonsoulra.com), you can dance the day away to your favorite tunes (at least until the sun goes down). This portable unit has a recessed dock for your iPhone or iPod and a 72 square inch solar panel. The Soulra can completely recharge it's battery in five hours and can deliver up to five hours of music on a full charge. Just make sure you have alternate power for when the sun goes down and the battery drains, or your party could wind down way too soon.

The folks from Eton also produce the Raptor solar-charger (www.etoncorp.com/products) with all terrain guidance functions. This snazzy handheld device is a must have for the summer road warriors who like to get lost in nature. The Raptor is packed with an AM/FM/Weatherband radio, compass, chronograph, digital clock with alarm, LED flashlight, altimeter, barometer, audio line-in, and bottle opener. If that's not enough, you can even plug in another USB device with its built-in USB port. All powered by the mighty sun. Now, that's a gadget worth having.

For the muscular traveller who needs to power more robust electronics than the puny smartphone or MP3 player, the Power Monkey Extreme (www.powertraveller.com) may be what you are looking for. This compact device packages a powerful punch with a 9000mAh capacity Lithium battery which can be charged via DC input, USB, or the solar panel. With this device, not only can you provide power for your iPod, iPhone, or other smartphone; but there is enough juice to power an iPad or Samsung Galaxy tablet. The Power Monkey is waterproof for 30 minutes up to 1 meter and is shock resistant, making it a perfect add-on to your camping gear. Just attach the Power Monkey to the outside of your tent with the included Velcro strip and let that monkey re-charge all day long.

Another option for charging your tablet computer is the Voltaic Spark Tablet Case (www.voltaicsystems.com/spark). While a little heavier than your normal tablet case at 2.5 pounds, the Spark packs a battery and solar panels into a com-pact case design. While marketed as an iPad case, it will work for most other tablet computers, mobile phones, and digital cameras. The battery gets a full charge from 10 hours of direct sunlight which equates to about a full iPad charge. The battery can also be charged via USB. For the extreme environmentalist fans among us, we're proud to say that the case shell is made from recycled soda bottles. Now, take that iPad with you guilt free this summer.

So in addition to your sunscreen, make sure you load up on some of these solar gadgets before hitting the open road this sum-mer. While we do love taking some time off, we simply cannot get too far away from our gadgets. Have a great summer! n

Bill & Phil


VisionariesBaker, Donelson, Bearman, Caldwell & Berkowitz, PC Bass, Berry & Sims, PLC

LeadersBradley, Arant, Boult, Cummings LLPMiller & Martin PLLCNeal & Harwell, PLCSherrard & Roe PLCWaller Lansden Dortch & Davis LLP

PartnersBone McAllester Norton PLLCFrost Brown Todd LLCNBA Young Lawyers DivisionWaddey & Patterson, P.C.Walker, Tipps & Malone PLC

SustainersBranstetter, Stranch & Jennings PLLCBurr & FormanCornelius & Collins, LLPManier & HerodMGLAW PLLC

SupportersHarwell Howard Hyne Gabbert & Manner, P.C. Weatherly McNally & Dixon LPC

ContributorsBarrett Johnston, LLCSandra Braber-GroveGullett, Sanford, Robinson & Martin, PLLCMary LaGroneLeitner Williams Dooley & Napolitan, PLLCLewis, King, Krieg & Waldrop, P.C.Bob PopeRothschild & Ausbrooks PLLCThrailkill Harris Wood & Boswell, PLLCTrauger & TukeTune, Entrekin & White, PCWhite & Reasor, PLCTom White

FriendsGareth S. AdenGail Vaughn AshworthLee BarfieldLaw Office of Bart DurhamTim L. BowdenSteve CobbLew ConnerDickinson Wright PLLCJim DoranMitch Grissim

It's Your Move! Capital Campaign ContributorsIt is with sincere gratitude that we wish to acknowledge the pledges and contributions of the firms and individuals listed below. It is because of your support that the Nashville Bar Association-Nashville Bar Foundation “It’s Your Move” Capital Campaign was a resounding success.

Thanks to you, we met our goal!

William L. HarbisonTrey HarwellAubrey B. Harwell, Jr.Hon. Thomas HigginsHoward Tate Sowell Wilson Leathers & Johnson, PLLCJohn D. KitchTom LawlessMary A. Parker of Parker & CroffordRobert J. MendesPaul NeyNissan North America, Inc.Thomas H. Peebles IIIAlisa Childers PetersDaniel H. Puryear, Esq.William T. RamseyJack R. Robinson, Sr.Maria M. Salas/Salas Law GroupThomas J. SherrardEmily A. Shouse W. Scott SimsJohn TarpleyThe Mediation Group of Tennessee, LLCElizabeth TippingBob WalkerPhillip E. WalkerTom WisemanGigi WoodruffEdward M. YarbroughMandy Haynes Young & Stephen YoungYoung Mayden, LLC

AssociatesJames (J.O.) BassC. Dewees Berry IVShirley ClayHon. Frank ClementHon. Lew ConnerGarfinkle, McLemore & Young, PLLCHarris, Martin & Jones, P.A.Douglas HenryJim HigginsLela HollabaughJohn J. Hollins, Sr.Paul Toby Housch, Esq.Hughes & ColemanKay, Griffin, Enkema & Colbert, PLLCNeal McBrayerJudge Gilbert S. MerrittPatricia Head MoskalA. Gregory RamosAnne L. RussellTracy ShawWilson SimsSmith Cashion & Orr, PLC

Michael SontagW. Lee Corbett, P.C.Charles H. WarfieldSheree Wright

180 ClubPatrick AlexanderKimberly AllenTina R. AshfordJames L. BassRichard BeelerHonorable Joe BinkleySusan W. BlairZan BlueRobert BostonMartha Boyd & Rich LittlehaleJudge Joe BrownAndrew W. ByrdCharles W. CagleKathryn S. CaudleHonorable Cornelia A. ClarkBill CohenStephen E. CoxWendy CozbyIn honor of Judge Martha Craig DaughtreyMaclin P. Davis Jr.Mary Taylor GallagherLarry H. HagarDavid B. HerbertJudge Bill HigginsTraci HollandsworthLynda F. JonesMary Frances LyleAndy MaloneyPeggy D. MathesAmanda McClendonChancellor Carol L. McCoyRichard McGeeGray McLeodW. Warner McNeilly Jr.Malinda MoseleyRachel Z. OdomMarc OverlockCynthia N. SellersCulwell E. WardM. Bernadette Welch

FellowsFrank E. LeeWard DeWitt Jr.Frank GraceNikki GrayJudy PhillipsArun RattanHelen S. RogersVicki ShouldersMartin SirPaul R. White

The NBA and NBF would also like to express our deep appreciation to the following individuals who volunteered their invaluable talents and countless hours toward making the new NBA/NBF headquarters a reality:

Campaign Co-Chairs: Aubrey B. Harwell, Jr. and Aubrey B. (Trey) Harwell III2011 NBA President and Facilities Committee Chair: Robert J. Mendes

Facilities Committee Members: Anne Arney; William L. Harbison; Neal McBrayer; Patricia Head Moskal; William T. Ramsey; Tracy Shaw; Tom Sherrard; Elizabeth Tipping; and Phillip E. Walker


Pub. Ch. No. 436 (HB1378/SB1669): The Tennessee Lawful Employment Act requires employers to request and maintain certain documentation of newly hired employees’ citizenship or qualified alien status in the following stages: (1) on or after January 1, 2012, for governmental entities and private employers with five hundred (500) or more employees; (2) on or after July 1, 2012, for private employers with two hundred (200) to four hundred ninety nine (499) employees; (3) on or after January 1, 2013, for private employers with six (6) to one hundred ninety-nine (199) employees. T.C.A. § 50-1-703. Effective 6/7/2011 and 1/1/2012.

Pub. Ch. No. 128 (HB0884/SB1306): Revises provisions governing claims and appeals for unemployment compensa-tion by specifying that personnel records and other business records that are in the possession of a claimant's employer and that are relevant to a claim will be admissible, regardless of whether such evidence is hearsay or whether corrobo-rated by direct witness testimony, if such evidence is accompanied by an affidavit of its custodian or other qualified person certifying the evidence as a business record. Effective 4/29/11.

Pub. Ch. No. 422 (HB2030/SB1550): Revises various provisions of workers' compensation law regarding construc-tion services providers, including establishing an exemption to the general requirement that all construction ser-vices providers carry workers' compensa-tion insurance on themselves, specifying who may apply for such an exemption, clarifying when a general contractor, in-termediate contractor or subcontractor is liable for compensation to any employee injured while in the employ of any such contractor, and setting forth who must proceed with a suit to recover damages for a workers' compensation injury pur-

suant to common law. Additionally, the law requires, instead of authorizes, the secretary of state to revoke a workers' compensation exemption upon certain conditions, and revises such conditions. Effective 6/6/2011 and 10/1/2011.

Family LawPub. Ch. No. 86 (HB1106/SB0721): Makes various changes regarding child custody determination for a mobilized member of the armed forces. Effective 4/14/2011.

Pub. Ch. No. 460 (HB1624/SB1400): Amends T.C.A. § 39-13-601 to pro-vide that offenses of wiretapping and electronic surveillance do not apply to an individual who installs software on a computer the individual owns if such software is intended solely to monitor and record the use of the Internet by a minor child of whom such individual is a parent or legal guardian. Effective 6/10/11.

Insurance, Healthcare, HospitalsPub. Ch. No. 468 (HB2007/SB1540): The Amended and Restated Tennessee Captive Insurance Act provides many requirements and specifications relevant to captive insurance companies. For example, the law allows a captive insur-ance company to apply to the Commis-sioner of the Department of Commerce and Insurance for an insurance license and to register with the Secretary of State to form a business entity in Ten-nessee. Further, the law establishes criterion regarding risks that a captive insurance company may insure. Effective 6/10/2011.

Pub. Ch. No. 6 (HB0303/SB361): Amends T.C.A. § 56-7-120 by changing the content requirements of the written notice that a health care facility must provide an insured in order to prohibit the insured's insurer from disregarding

the insured's assignment of benefits to a non-participating facility-based physi-cian. Effective 3/10/2011.

Pub. Ch. No. 90 (HB1845/SB1765): Revises the law relative to the author-ity of the Commissioner of Commerce and Insurance to investigate insurance agents, the rights of insurance agents under investigation, and the penalties imposed against insurance agents. Effec-tive 7/1/2011.

Pub. Ch. No. 9 (HB0115/SB0079): The Tennessee Health Freedom Act declares it to be the public policy of Tennessee that every person within the state is free to choose or to decline to choose any mode of securing health care services without penalty or threat of penalty. The law also prohibits the state government from interfering with a citizen's right to purchase or refusal to purchase health insurance, declaring any law passed in violation of the policy expressed in this bill to be void ab initio. Further, the Act prohibits any public of-ficial, employee, or agent of this state or any of its political subdivisions from act-ing to impose any penalty in Tennessee that violates the public policy set forth in this bill. Effective 3/18/2011.

Pub. Ch. No. 189 (HB0738/SB0483): The Annual Coverage Assessment Act of 2011 establishes an annual coverage fee on hospitals to help restore ap-proximately $400 million in proposed TennCare cuts. The law also prohibits a covered hospital from increasing charges or adding surcharges to compensate for the additional expense of the annual coverage fee. Effective 7/1/2011.

Pub. Ch. No. 67 (HB1158/SB0484): The Tennessee Patient & Quality Improvement Act of 2011 provides that records of quality improvement commit-tees (QICs) and testimony by hospital board trustees or directors, medical staff,

Legislative UpdateContinued from page 7


administrative staff, employees or other committee members or attendees relat-ing to activities of the QIC are confi-dential and privileged, and are protected from discovery, subpoena or admission into evidence in any judicial or admin-istrative proceeding. Effective 4/12/2011.

Real Property, Estate Planning, Trusts and ProbatePub. Ch. No. 122 (HB1921/SB1451): Revises various provisions related to the notice of the right to foreclose that must be sent by the lender to the debtor prior to foreclosure and deletes certain notice requirements. For example, the law specifies that no written notice of the right to foreclose is required to be sent to the debtor if the lender, trustee, or agent thereof has, within 180 days prior to publishing notice of foreclosure, met with the principal debtor in-person to review the loan and advised the debtor that failure to meet the loan obligations may result in foreclosure proceedings. A sworn affidavit by the lender, trustee, or agent thereof stating the time and place of the meeting with the debtor is conclusive proof of exemption from the notice requirement under this bill. Additionally, in lieu of a sworn affidavit, a document signed by both the lender, trustee, or its agent and the debtor evi-dencing the meeting is conclusive proof of such exemption. Effective 4/25/2011 and 1/1/2013.

Pub. Ch. No. 462 (HB1644/SB1845): The Prohibition of Covenants Providing for Transfer Fees Act of 2011 amends Title 66 by adding a new chapter provid-ing that a transfer fee covenant recorded after the effective date of law, or any lien to the extent that it purports to secure the payment of a transfer fee, is not binding on or enforceable against the affected real property or any subsequent owner, purchaser, or mortgagee of any interest in the property. The Act defines

"transfer fee covenant" as a provision in a document, whether recorded or not and however denominated, that purports to run with the land or bind current owners or successors in title to specified real property located in this state, and that obligates a transferee or transferor of all or part of the property to pay a fee or charge to a third person upon transfer of an interest in all or part of the prop-erty, or in consideration for permitting any such transfer. Effective 6/10/2011.

Pub. Ch. No. 505 (HB1920/SB1299): Amends Title 35, Chapter 5, by provid-ing provisions governing the description of property in the notice of a judicial or trust sale. The law also authorizes the postponement and rescheduling of a foreclosure sale without further news-paper publication under certain circum-stances, unless prohibited by contract. Effective 7/1/2011.

Pub. Ch. No. 477 (HB0334/SB0387): Requires bonds of executors and admin-istrators to include the obligation to pay expenses for court costs, attorney's fees and other related expenses of adminis-tering the estate incurred due to a failure to properly account for or utilize funds coming into the hands of the estate. Further, the law now requires, instead of authorizes, that the form of the bond be like the form shown in the Tennessee Code Annotated. Effective 7/1/2011.

SecuritiesPub. Ch. No. 79 (HB1846/SB1336): Broadens transaction exemptions under the Tennessee Securities Act of 1980 by amending Title 48, Chapter 2, to include, under certain circumstances, a non-issuer transaction by or through a broker-dealer registered or exempt from registration under the Act in a security of a foreign issuer that meets certain specifications. Effective 4/14/2011.

TaxPub. Ch. No. 76 (HB0458/SB0636): Retroactively abolishes eligibility for carryovers for purposes of ad valorem tax equity payments made to telecom-munications service providers. Effective 4/14/2011.

Pub. Ch. No. 396 (HB1141/SB0261): Increases the Hall income tax exemp-tion for taxpayers 65 years of age or older to $26,200 for single filers and $37,000 for persons filing jointly beginning January 1, 2012. TCA § 67-2-104(b). Effective 6/6/2011.

MiscellaneousPub. Ch. No. 469 (HB2039/SB1775): Authorizes any state court judge who possesses a valid handgun carry permit and who completes both 16 hours of POST court security training and eight hours per year of POST firearm training to possess a firearm in the courtroom. T.C.A. § 39-17-1306(c). Effective 6/10/2011.

One piece of legislation that did not pass this session, but which will likely be reintroduced next year, concerns judicial elections. As introduced, HB0173/SB0127 removes provisions regard-ing the nomination, appointment, and performance evaluation of appellate and supreme court judges, and instead requires the election of all judges, as well as provides for the filling of any vacan-cies. n

Tracy Kane is an attorney with Dodson, Parker, Behm & Capparella, PC, specializing in estate planning and business law. She is a graduate of Vanderbilt University Law School and

former law clerk to the Honorable Richard Dinkins on the Tennessee Court of Appeals.

Jillian Mastroianni is a rising 3L at Vanderbilt University Law School and a summer associate with the law firm of Dodson, Parker, Behm & Capparella, PC.


Requirements of a Tennessee Will

1. Definition of a Will. A last will and testament is a legal instrument, declarative of a person's intention, to be performed after his or her death with respect to the disposition of his or her property, the guardianship of any children, or the administration of his or her estate. T.C.A. § 32-1-101. The critical element is that to be performed after death.

2. Types of Wills. Tennessee recognizes three types of wills: attested (usually a formal typed will such as an attorney would prepare) T.C.A. § 32-1-104; holo-graphic (where the will and signature are entirely in the handwriting of the testator) T.C.A. § 32-1-105; and nuncupative (an oral will) T.C.A. § 32-1-106. Each has separate and distinct rules to establish valid-ity. A will must strictly meet the legal standards for that type of will. Intention alone, no matter how well proven, is not sufficient to make a will valid. There is no requirement that a will be dated, but it may be necessary to be able to determine the date to know it is the “last” will.

Requirements for an Attested Will. T.C.A. § 32-1-104. The statute provides expressly that signing by the testator may consist in:

(i) signing himself, or(ii) acknowledging a signature already made, or(iii) having another sign for the testator at his direction and in his presence.

Signing at the end of the will (called "subscrip-tion") is not required in Tennessee.

Tennessee law does not require that wills be notarized; instead there must be two signing witnesses who know that the instrument is a will. This is called a "publication" and it will often be inferred. Having a beneficiary serve as a witness necessary to probate does not invali-date the will; however, the witness can take no more than an intestate share, measured in value at the time of the testator's death.

The witnesses must see the testator's signature affixed or must see it at the time the testator acknowledges it. The witnesses must then sign in the presence of the testator and of one an-other. Relatively short distances, such as across a bank lobby, may still be in the presence of testator and each other, if the other tests are met.

An attestation clause reciting the three facts listed above is effective to create a rebuttable presumption of fact that the will was duly executed. This rebuttable presumption is suf-ficient to take the case to the jury even if the witnesses testify to the contrary.

Witnesses have no fiduciary duty to potential beneficiaries to assure that a will is valid. A notary's certificate will assist in probating a will in common form without the witnesses being present, but it has no impact on the validity of the will itself. A notary has no duty to give legal advice as to how to validly execute a will.

Requirements for a Holographic Will. T.C.A. § 32-1-105. A holographic will must be entire-ly in the handwriting of the testator and signed

DRAFTING A BASIC WILLTracy Kane and Harlan Dodsonby:

NUTS & BOLTS OF PRACTICE


by him. No witnesses to a holographic will are required, but the signature must be proved by two witnesses at the time of probate. Testamentary intent may be a question if the holograph is inartfully drawn. However, courts have stretched to find validity where the judges felt it would carry out the testator's intent.

Requirements for a Nuncupative Will. T.C.A. § 32-1-106. A nuncupative will is entirely oral. It cannot affect real property and can dispose of personal property only up to $1,000 of value ($10,000 for servicemen in time of war). A nuncupative will must be uttered by a testator in imminent peril of death who died as a result of this peril. It must also be uttered in the presence of two disin-terested witnesses, one of whom reduces the will to writing within 30 days after it is uttered and offers it for probate within 6 months after the death of the testator. A nuncupative will may not revoke or alter an existing written will.

3. Testamentary Capacity. T.C.A. § 32-1-102. Any person of sound mind and 18 years of age or more is capable of making a will in Tennessee. "Sound mind" for this purpose means, generally, that the testator knows:

(i) The nature and effect of the act of making the will;(ii) The nature and extent of his property;(iii) The names and kinship of the persons who are the natural objects of his bounty.

The issue is capacity. A will written by one who is frail, but in full possession of his or her faculties, is a valid will. The soundness of mind is tested as of the time of signing the will. The existence

of a conservatorship is not conclusive on soundness of mind. Fraud and undue influence may affect the validity of the will if the voluntariness of the testator's act is thereby impaired. A will is valid only if it is the testator's free and inde-pendent act.

4. Choice of Law. T.C.A. § 32-1-107. Under Tennessee law, a will is deemed validly executed if it is either (i) done outside Tennessee and in accordance with the law of the place of execution; (ii) done in accordance with the law of testator's domicile at the time of execu-tion; or (iii) done in accord with Ten-nessee law.

5. Revocation. T.C.A. §§ 32-1-103, 32-1-201, and 32-1-202. The intent to revoke is essential to revocation of a will by any means. However, intention alone is not sufficient. Just as with the execu-tion of wills, a revocation must meet the statutory requirements to be effective. A will may be revoked by a later instru-ment as follows:

(i) A will is revoked by a subse-quent validly executed attested or holographic will containing a clause expressly revoking it specifically, or as a part of a class, such as "all prior wills and codicils."(ii) A will is revoked by a subsequent validly executed attested or holo-graphic will to the extent that the subsequent will is inconsistent with the former.(iii) A will is revoked by a document of revocation executed with all of the formalities of an attested or holo-graphic will.(iv) If the revocation is expressly conditional upon the occurrence of another event, that condition gener-ally will be given effect.

A will can be revoked by act, i.e., by burning, tearing, cancelling, obliterating

or destroying, with the intent and for the purpose of revoking it, by the testa-tor or by another person in the testa-tor's presence and at his direction. For example, the court recognized as an ef-fective revocation of part of a will where the testator took his attested will, and with a pen, subsequently enclosed some language in his will in double parenthe-ses, underlined it, and then wrote "void" with his initials beside it. In re Estate of Warren, 3 S.W.3d 493 (Tenn. Ct. App. 1999).

Frequent follies in will drafting and executionWhile the requirements for the contents and execution of a basic will are straight-forward, essential elements frequently get omitted. Key provisions include:

1. Declaration clause. A declaration clause at the beginning that sets forth the testator’s intent that the instru-ment be his or her will, states his or her residency (by county and state) and explicitly revokes any and all previous wills and/or codicils, unless the testator does not wish to do so.

2. Deal with debts. Be sure to direct the executor to pay the debts you want paid and only the debts you want paid. For example, properly describe whether you want a mortgage paid off or not. Remember that under the doctrine of exoneration, an heir or devisee is gener-ally entitled to have encumbrances upon real estate paid from the estate’s personal assets to the detriment of other benefi-ciaries, unless the will directs otherwise. This would include property passing by intestacy. This does not, however, apply to mortgages on property passing outside probate, such as by right of survivorship. Also be sure to describe how you want any debts and taxes that will be paid to



be charged against the various bequests as it is not a good idea to rely on the Tennessee allocation statute, T.C.A. § 30-2-614.

3. Deal with real property. Remember that vestiture of realty in the heirs is direct and immediate, unless the will expressly provides for the personal repre-sentative to administer it, but personalty vests in the personal representative for payment of expenses, debts and taxes, after which it is distributed to the heirs. Real property is, of course, subject to ex-penses, etc., if personalty is insufficient.

Unless contrary to the provisions of the decedent's will, the personal representa-tive is authorized, but not required, to pay, for a period of four months after death, the reasonable costs of routine upkeep of any real property passing under the will or by intestate succession, as an expense of administration. These expenses include items such as day to day maintenance and insurance premi-ums, but do not include mortgages, real property taxes, major repairs, or extraor-dinary expenses.

As a practical matter, practitioners often deal with the administration of real property in the will. However, in the absence of a specific provision in a will providing for the personal representative to administer the real property, under Tennessee law the real property vests upon death, and the personal representa-tive has no right to pay upkeep expenses other than as discussed above. This is true even though the personal represen-tative might well be looking to the real property in paying the obligations of the estate or the personal representative might have custody of the funds from which the amounts would normally be paid.

4. Deal with other documents. Be careful never to incorporate by refer-ence a document that does not meet the standard for incorporation by reference. If there is an antenuptial or postnuptial agreement in effect, be sure to refer to it and clarify how the funding of it relates to any transfers under the will. Similar-ly, if there is any buy-sell agreement in effect, refer to it specifically and provide the handling of it.

5. Beneficiaries and bequests. Provide clear and correct definitions of benefi-ciaries, contingent beneficiaries and issue, including whether the testator intends to include adopted as well as natural born or not.

For any specific bequests, be sure to pro-vide whether the bequest survives the death of the devisees, and if so, to whom that bequest should be distributed. Be certain that the testator understands that any specific bequests are paid first from remaining funds and that they will be paid ahead of residuary gifts to the family. Except to the extent the testator has specific desires as to personal prop-erty, it is a good idea to provide the ex-ecutor with the right to distribute items of limited value as the executor deems appropriate and if any property will be left either directly, or contingently, to children, provide the executor with the right to either store it or sell it.

6. Provide for common disaster. It is always a good idea to include a common disaster provision (which also covers Tennessee’s 120 hour rule) and always recheck it immediately before signing the will to make sure it is consistent with related wills or other estate plan-ning documents and that the correct or intended person is surviving, whether it be the testator, the spouse or any other beneficiaries.

Nuts & Bolts: Drafting a Basic Will

7. Name responsible persons. In choosing an executor, advise the testa-tor to choose someone who will either do the work or find someone to do it (remember that a surviving spouse is not necessarily the best choice) and always provide who will serve in the absence of the named executor. Also, if there are minor children, don’t forget to name a guardian.

8. Attestation clause and proper signatures. Be certain to include the attestation clause and check for proper signatures of the testator and witnesses. Be certain the witnesses are aware that they are witnessing a will and that the testator has asked that they so witness the will. Remember that while a signa-ture on the last page is not required by Tennessee law, it is always a good idea to have the testator sign or initial each page of the document, including signing the last page. A self-proving affidavit is also helpful to establish that proper procedures were followed at execution.

One final note, always have someone else proofread the document final before signing! n

Continued from page 17

Harlan Dodson is a partner with Dodson, Parker, Behm & Capparella, PC. He has taught wills and estate planning at the Nashville School of Law for over 30 years and is the editor

to West Publishing Company’s Tennessee Practice Series volumes on business formation and estate planning as well as author of Introduction to Estate Planning and Administration in Tennessee.

Tracy Kane is an attorney with Dodson, Parker, Behm & Capparella, PC, specializing in estate planning and business law. She is a graduate of Vanderbilt University Law School and

former law clerk to the Honorable Richard Dinkins on the Tennessee Court of Appeals.


Nashville Bar associatioN aNd Nashville Bar FouNdatioN

triBute aNd MeMorial Wall

If you would like more information on a Tribute or Memorial Tile, please visit our website at:

http://nashvillebar.org/ItsYourMove.html

The new Nashville Bar Association and Nashville Bar Foundation headquarters are now a reality, and we are thrilled with our new space. We hope that all our members will enjoy the NBA/NBF facilities and take advantage of what we have to offer.

A Tribute and Memorial Wall will be prominently displayed in our new reception area afford-ing a way for members to honor family, friends, colleagues, or other individuals. Purchasing a tile is an excellent opportunity for you to memorialize a loved one, pay tribute to someone who has made an impact on your life or career, and show your support of the Nashville Bar Association and Nashville Bar Foundation.


I am grateful for the opportunity to have been able to serve and be a part of the Commands in all we did for humanitarian endeavors and anti-ter-rorism in Africa and in Iraq, promot-ing the Rule of Law and providing stability. My role was extremely small but I consider it a privilege to have served with so many people who gave their time and sometimes even their lives to provide the people of Africa and Iraq with the opportunity for peace and prosperity. n

(Endnotes)1 See the April 2005 issue of the NBJ spotlighting local attor-neys who served in Iraq

2 Kathleen Henderson married Roman Pohlid this past May.

3 The firm was formerly known as Drescher & Sharp, PC, changing its name in June 2011, following the investiture of Kevin Sharp, one of its founding members, as a federal district judge for the Middle District of Tennessee.

Profile: Kathleen Henderson PohlidContinued from page 11

Eleanor Wetzel is employed by Division III of the Davidson County Criminal Court. She is licensed to practice in Tennessee and Indiana.

Mouloud School Dedication in Djibouti in September 2005, Djibouti Africa

Mouloud School Dedication in Djibouti in September 2005, Djibouti AfricaBattle Sq stop 14 Nov 08

Col Henderson trailer office - Fallujah Iraq


Waller Lansden Dortch & Davis, LLP (163)Bradley Arant Boult Cummings LLP (91)

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (82)Miller & Martin PLLC (53)

Stites & Harbison, PLLC (48)Bone McAllester Norton PLLC (31)

Harwell Howard Hyne Gabbert & Manner, P.C. (31)Neal & Harwell, PLC (29)Sherrard & Roe, PLC (28)

Adams and Reese LLP (27)Lewis, King, Krieg & Waldrop , P.C. (27)

Gullett, Sanford, Robinson & Martin, PLLC (26)Manier & Herod, P.C. (26)

Leitner, Williams, Dooley & Napolitan, PLLC (21)Riley Warnock & Jacobson, PLC (21)

Ortale, Kelley, Herbert & Crawford (20)Cornelius & Collins, LLP (18)

Walker, Tipps & Malone, PLC (17)Waddey & Patterson, P.C. (15)

Brewer, Krause, Brooks, Chastain and Burrow, PLLC (14)Tune, Entrekin & White, P.C. (14)

Branstetter, Stranch & Jennings, PLLC (13)Hughes & Coleman (13)

Ogletree, Deakins, Nash, Smoak & Stewart (13)Smith Cashion & Orr, PLC (13)

White & Reasor, PLC (12)Dollar General Corporation (11)

Frost Brown Todd LLC (11)Parker, Lawrence, Cantrell & Smith (11)

Watkins & McNeilly, PLLC (11)Burr & Forman LLP (10)

Corrections Corporation of America (10)Kay, Griffin, Enkema, & Colbert, PLLC (10)

Levine, Orr & Geracioti (10)Taylor, Pigue, Marchetti & Mink PLLC (10)

Hall, Booth, Smith & Slover, P.C. (9)Drescher Heller Pieper Martin, PC (8)

Lassiter, Tidwell, Davis, Keller & Hogan, PLLC (8)Rudy, Wood , Winstead & Williams PLLC (8)

Schulman, LeRoy & Bennett, P.C. (8)Spicer Rudstrom, PLLC (8)

Buffaloe & Associates, PLC (7)Dodson Parker Behm & Capparella, P.C. (7)

Farris Mathews Bobango, PLC (7)

Hollins, Raybin & Weissman, P.C. (7)MGLAW, PLLC (7)Morgan & Akins, PLLC (7)Reno & Cavanaugh PLLC (7)American General Life & Accident Ins. Co. (6)Evans, Jones & Reynolds, P.C. (6)Keller Turner Ruth Andrews Ghanem & Heller, PLLC (6)Leader, Bulso & Nolan, PLC (6)Loeb & Loeb, LLP (6)Barrett Johnston, LLC (5)Haynes, Freeman & Bracey, PLC (5)Holton Blackstone & Mayberry, P.C. (5)Jones Hawkins & Farmer, PLC (5)Kinnard, Clayton & Beveridge (5)Luna Law Group, PLLC (5)Shackelford, Zumwalt, Hayes, LLP (5)Trauger & Tuke (5)Video Gaming Technologies, Inc. (5)Cheatham, Palermo & Garrett (4)Dobbins, Venick, Kuhn & Byassee, PLLC (4)Hale & Hale, PLC (4)Howard & Mobley , PLLC (4)Law Offices of John Day, P.C. (4)Lieff, Cabraser, Heimann & Bernstein (4)McCune, Zenner, & Happell, PLLC (4)Moses Townsend & Russ, PLLC (4)Rutherford & DeMarco (4)Thrailkill, Harris, Wood & Boswell, PLC (4)Todd, Floyd & Hammet, PLC (4)Willis & Knight, PLC (4)Baker, Campbell & Parsons (3)Barry Gammons, Attorney at Law (3)Cheadle & Cheadle (3)Comdata Corporation (3)Corbett Crockett (3)Garfinkle, McLemore & Young, PLLC (3)Glasgow & Veazey (3)Grissim & Hodges (3)Hix & Gray, PLC (3)IASIS Healthcare LLC (3)Larry R. Williams, PLLC (3)Lindsey & Sawyer, PLLC (3)Marlowe Law Offices, PLLC (3)May & Ryan, PLC (3)Moseley & Moseley, Attorneys at Law (3)Mudter & Patterson (3)Nashville Electric Service (3)Norris & Norris, PLC (3)Puryear Law Group (3)Rogers, Kamm & Shea (3)Rothschild & Ausbrooks, PLLC (3)Sarah Cannon Research Institute (3)Tennessee Justice Center (3)Weatherly, McNally & Dixon, PLC (3)White & Rhodes, P.C. (3)

The Nashville Bar Association 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community from legal organizations with more than three attor-neys that enroll 100% of their Nashville at-torneys as members of the NBA. Contact Vicki Shoulders at 615-242-9272 or [email protected]. Firms, law de-partments and legal organizations that join this Bar year will be recognized as such throughout the year.

CONGRATULATIONS & THANKS TO THE FOLLOWING 100% CLUB MEMBERS:

100%CLUB


Disclosure \Dis*clo”sure\ (n) The act of revealing, releasing or bringing to light relevant information concerning NBA Members & Staff.

n Announcements n Kudos n People on the Move n Firm News n

PLLC. Callahan was previously a partner at the Nashville firm Callahan Law, PLLC. Callahan Witherington, PLLC will be based out of historic Cummins Station. More information about Callahan With-erington, PLLC can be found at www.cwfirm.com.

L. Gino Marchetti, Jr. has been elected President of Lawyers for Civil Justice

(LCJ), which is headquartered in Washington, D.C. The LCJ is a national organization of major corporations’ corporate

counsel and defense counsel who work with the judiciary on the state and federal level and with Congress and state legisla-tures for civil justice reform. Marchetti is the Managing Member at Taylor, Pigue, Marchetti & Mink, PLLC in Nashville where he focuses on commercial and business litigation, employment law, bankruptcy and creditors rights, and tax-exempt entities.

Kent M. Weeks has just published a new book, In Search of Civility: Confronting Inci-vility on the College Campus (Morgan James Publishing). This book weaves current civility research with engaging student stories to illustrate how incivility affects students and the community. Weeks is a principle in Weeks & Anderson located in Nashville. His practice focuses on higher education. Weeks earned a law degree from Duke University and a Ph.D in political science from Case Western Reserve University.

Kimberly Schreiber is the new Executive Director for Consensus Conflict Man-agement & Mediation Services, LLC.

Her primary focus is bringing awareness of the benefits of Mediaiton to both the parties and the legal community. She

is a Tennessee Supreme Court Rule 31 Listed Mediator for General Civil and Family. Additionally, she has obtained the listing "Specially Trained in Domestic Violence." Schreiber works with local attorneys to bring affordable, sliding

I.C. (Jack) Waddey Jr., co-founder of Nashville law firm Waddey & Patterson, P.C., has been elected to serve a three-

year term on the Board of Governors of the International Academy of Mediators (IAM). Waddey is a member of the tech-nology panel of the International Institute for Conflict Prevention and Resolution (CPR). He is a member of the Tennessee Academy of Mediators and Arbitrators and also is a member of the Commercial Mediators Association, the NASD / FIN-RA Panel of Arbitrators and Mediators. He currently serves as a Board member of the Nashville Entrepreneur Center. He was president of the Tennessee Associa-tion of Professional Mediators from 2005 to 2006 and president of the Tennessee Intellectual Property Association from 2004 to 2006. Waddey is a member of the Nashville Bar Association, the Nashville Bar Foundation and the Tennessee Bar Association

Camille Webb Steward, long time attorney and Member of Miller & Martin, will transi-tion in-house with firm client

Nashville Electric Service (NES.) At NES, Camille will report directly to its Vice President and Interim General Counsel, Laura Smith Tidwell. Camille has focused her practice on employment law and general litigation. She defended clients against employment claims involv-ing race, gender, and disability discrimi-nation as well as harassment, retaliation, and wrongful discharge. She received her B.S., from Fisk University in 1996 where she graduated with honors and her J.D. from the University of Tennessee College of Law. She is a member of the Lawyers' Association for Women and Tennessee, Nashville, and Napier-Looby Bar As-sociations.

Patrick D. Witherington and David J. Callahan, III, have formed the new law firm of Callahan Witherington, PLLC.

The firm handles trusts, estates, probate, and general civil litigation matters. Witherington was previously a partner at the Nashville firm Howell & Fisher,

fee scale mediation to all of her clients. After receiving her Bachelor's Degree in Accounting, Kimberly earrned her Juris Doctorate from Indiana University School of Law at Indianapolis in 2000.

Rob Dodson has joined Adams and Reese as Special Counsel in the Nashville office. Practicing law since 1996, Dodson rep-

resents clients in commercial litigation, complex litigation, construction litiga-tion, mass tort, oil and gas, environmental and toxic tort and products liability before federal and state courts. He is admitted to practice in all state and federal courts in Tennessee, Mississippi and Alabama, as well as the United States Court of Ap-peals for the Fifth and Eleventh circuits. Dodson is a member of the American Bar Association, the Nashville Bar Associa-tion, the Defense Research Institute, the Tennessee Association of Construction Counsel, and he is a member of the legal advisory committee for the Associated General Contractors of Middle Tennessee.

Brian Neal has joined Stites & Harbison, PLLC. Neal is a member of the Business Litigation and the Torts and Insurance service groups where he will concentrate on complex commercial disputes, bad-faith insurance defense, products liabil-ity, workers’ compensation and general litigation. He he has served as first-chair litigator in a wide-range of matters and has litigated appeals before Tennessee’s highest courts. Neal received a bachelor’s degree from Bir-mingham Southern College in Alabama, a master’s degree from the University of Edinburgh, Scotland and a juris doctorate from the University of Michigan Law School, in Ann Arbor, Mich. He has served on the board of di-rectors for the Young Lawyers Division of the Nashville Bar Association for the past seven years, and he has co-chaired the Da-vidson County Mock Trial Competition. Neal is a member of the Rotary Club of Green Hills and serves as an intern on the board of the Land Trust for Tennessee.


WELCOME NEW NBA MEMBERS

2011 NBA Premier memBers iNCLUDe:

NBA Premier Membership is a special category that recognizes our members who desire to demonstrate the utmost in commitment and support to the NBA Programs & Services.

There will be a special section in the Nashville Bar Journal and on the NBA website (www.nashvillebar.org) that will run a continual list of NBA Premier Members.

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

To volunteer your time, please contact Wendy Cozby, LRIS Coordinator at [email protected] or 242-9272. Pro Bono credit does apply and dinner will be provided.

DIAL - A - LAWYER

June Volunteers:

Blind Akrawi Neal & Harwell, PLC*Katie Atkins Tennessee General AssemblyJohn Terrell Blankenship Blankenship, Blankenship & Hagan, PLLCJoseph P. Crump David M. DiScenza Law Office of David M. DiScenzaAdrienne B. Fazio John Edward Haubenreich Neal & Harwell, PLC*Christopher W. Hayes Waller Lansden Dortch & Davis, LLP*

Daniel A. Howard Keith R. Knell Provident Wealth Attorneys, PLLCJennifer Lynne Kovalcik Stites & Harbison, PLLC*Landon P. Lackey Tennessee Department of Labor & Workforce DevelopmentMichael Richard Lapine Keith D. Moore Video Gaming Technologies, Inc.*Sara Beth Myers Riley Warnock & Jacobson, PLC*Seth B. Wilson Volunteer Lawyers & Professionals for the Arts

Doug PierceJoe Rusnak

Gina CrawleyTom Lawless

Nashville Bar Association members may send Disclosure announcements via email to

[email protected] Submissions are subject to editing.

Gail Vaughn Ashworth robert L. Ballow

Kathryn e. Barnett Barbara Bennett

michael Weimar Binkley Charles W. Bone robert e. Boston

Jay s. Bowen C. Dewey Branstetter Jr.

John e. Buffaloe Jr.Joseph P. Calandriello

C. mark Carver Jonathan Cole

Dixie W. Cooper Patricia J. Cottrell

John A. Day David Clyde Downard

John Franklin Floyd John J. Griffin Jr.

William L. Harbison Trey Harwell

John scott Hickman Barbara D. Holmes

Paul T. Housch John D. Kitch

Neil B. Krugman Thomas W. Lawless

richard Wesley Littlehale

John Charles mcCauley rob mcKinney

robert J. mendes elizabeth enoch moore Patricia Head moskal michael i. mossman

Katharine elizabeth Phillips Tracy A. Powell

mark Bradley reagan Jason B. rogers

edgar m. rothschild iiiJerry scott

michael W. sheridan Thomas J. sherrard iiimarietta m. shipley

emily A. shouse stacey Koontz skillman

ronald C. small David randolph smith

m. Clark spoden irwin Bruce Venick Howard H. Vogel Karl D. Warden

James L. Weatherly Jr.Peter Weiss

Larry r. Williams stephen G. Young

Jeff Burrow has been promoted to Senior Director, Business Af-fairs, Licensing, for Broadcast Music, Inc. (BMI). He was most

recently Director, Legal and Business Af-fairs for the company. In his new capacity, Burrow will have greater responsibility for BMI's infringement matters in its General Licensing area, as well as handle BMI's ne-gotiations with its customers and markets in the General Licensing area. He will continue to provide on-site legal advice to the Licensing team in Nashville. Bur-row joined BMI in 2007. Prior to BMI, he worked as an attorney at the law firm of Hall, Booth, Smith and Slover, PC in Nashville, Tennessee. He received his B.A. from Western Kentucky University and his J.D. from the Cecil C. Humphreys School of Law at the University of Mem-phis.

Carrie A. Lowery has announced the opening of Authority Legal Research & Writing Service. The firm will provide legal research and writing support to other attorneys and legal professionals in a variety of practice areas. Carrie earned her law degree in 2008 from the University of Mississippi School of Law, after gradu-ating magna cum laude with a B.A. in English from the University of Southern Mississippi in 2001. She is also currently working as a Staff Attorney at New Life International, a nonprofit organization located in Brentwood.

Julian Bibb, member at Stites & Harbison, has been awarded the Shelby Foote Preservation Legacy Award from the Civil

War Trust (CWT) for exceptional merit in Civil War battlefield preservation. For the last seven years, Bibb has led a team of attorneys and staff at Stites & Harbison to acquire and preserve valuable battlefield acreage in Franklin and Middle Tennessee. During that time, the firm has donated over $1 million in pro bono services. with Bibb, fellow attorney Miranda Christy, with staff support from Stacey Watson, Frances Regan and Christina Willow, have provided the bulk of the support rendered by Stites & Harbison.

* Belongs to a 100% Club firm


Cla

ssifi

eds Office Space

HOW WILL YOU ADVISE YOUR NON-CITIZEN CRIMINAL CLIENT TO PLEAD?

Padilla v. Ky. (U.S. Sup.Ct. 3/31/10) has a profound impact on your du-ties to your foreign clients. We ad-vise on immigration consequences of crime and handle all immigra-tion matters. Mention this ad for an NBA member discount on the “Padilla plea memorandum” ($750). Immigration Law Offices of Sean Lewis 615-646-6002 www.MusicCityVisa.com

pOSitiOn wanted

OFFICE SPACE - DOWNTOWNPremium 9th floor individual office with view available for sublease to attorney. Share professional office suite, including conference room, kitchenette and client lounge, with our established association of lawyers. All-inclusive amenities consist of high speed internet, multi-line phone system, copier, fax and shared legal assis-tant. Call 615-478-0823 for more infor-mation.

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

DOWNTOWN Law firm has office space to rent for two attorneys and assistants, if needed or op-tion 2 attorney can sublease entire suit which will accommodate four to five attor-neys and staff. Office is located in the Re-gions building downtown on the first floor with window view. Includes internet, all utilities, use of copy/fax/scanner, and post-age machine. If interested, please e-mail [email protected] or contact Price Nimmo at 615-244-2244.

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

GREEN HILLSEstablished Green Hills law association has office and adjoining secretarial space available for immediate occupancy. Free parking, excellent on-line and hard-cover Tennessee library, conference rooms, re-ceptionist, and voice mail available. Call 383-3332.

MIDTOWNMidtown : 682 square feet with beauti-ful view of Centennial Park; $19.15 per square foot with annual increases; avail-able as is or with build-out cost to be pro-rated over term of sublease; space is new-ly carpeted and newly painted, with small kitchen area; covered parking; available immediately. Please call 615-321-5659.

MIDTOWN-1900 CHURCHExecutive office suites for lease in Mid-town Nashville located at 1900 Church, Suite 300. Free covered parking, confer-ence rooms, break room, color copier, and receptionist to greet your clients. Administrative support and flexible terms available. For more information, please call Cheryl Gunn at (615) 983-6935.

ADVERTISING:Contact Tina Ashford at [email protected] or (615) 242-9272

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

fOr Sale

Mature lawyer wants to affiliate with small firm or sole practitioner. Just returned to Nashville after being gone about 5 years so don’t have client base. Interested in: debtor-creditor, real es-tate, probate, business law. Will con-sider contract work. Have large firm ex-perience but prefer small firm culture. [email protected]

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

The NBA Lawyer Referral & Information Service Can Help You Find a Mediator.Are you trying to find a mediator for your next case but can’t seem to figure out which professional is best? Let the NBA help! The NBA has a panel of professional at-torney mediators who are Rule 31 listed in both civil and family disputes. Don’t lose valuable time guessing about your next mediator selection. The NBA panel provides information on mediators who are Bar mem-bers and their professional and legal backgrounds.

Are you an attorney mediator? Call NBA LRIS (615-242-9272) today to join the mediator panel.

CONTACT: Wendy Cozby, LRIS Coordinator (615) 242-9272 [email protected]

Do You Need a Mediator? Meet One of Ours.

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Nashville Bar Journal - July 2011

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Transcript of Nashville Bar Journal - July 2011