Special Access to Justice Issue

Employment Law ■ Humor: From “Make Room for Daddy” to “Who’s Your Daddy?”

SPECIAL ACCESS TO JUSTICE ISSUE • Meet the winners of this year’s Public Service Awards • Migrant farm workers’ legal rights • Help for self-represented litigants • Pro Bono Honor Roll

www.tba.org

ARTICLES

13 TBA ACCESSS TO JUSTICE COMMITTEE WELCOMES YOU By John Blankenship

14 UNDERSTANDING THE UNREPRESENTED By Thomas C. Galligan Jr.

18 THESE WINNERS ENSURE THAT THE LAW IS ‘ACCESSIBLE TO EVERYONE’ By Julie Swearingen

22 WHEN LESS LEGAL SERVICE MAY MEAN MORE ACCESS TO JUSTICE By Carl A. Pierce

26 ‘EQUAL JUSTICE UNDER LAW’ DOESN’T MEAN ONLY IF YOU CAN AFFORD IT By Frank F. Drowota III

30 MIGRANT FARMWORKERS’ LABOR RIGHTS PROTECTED BY SMLS By Jennifer J. Rosenbaum

32 HELP MAY BE ON THE WAY FOR SELF-REPRESENTED LITIGANTS By Elizabeth A. Sykes and Sue Allison

34 PRO BONO HONOR ROLL NEWS & INFORMATION

6 Supreme Court rule ‘presumes’ records are open 6 Increase in federal court civil filing fee effective Feb. 7 6 BPR complaints decreasing 7 U.S. Supreme Court makes federal sentencing guidelines ‘advisory’ 7 Court interpreter rules open for comment 8 Bar leaders convene for Leadership Conference 12 Actions from the Board of Professional Responsibility DEPARTMENTS On the Cover The whole idea of a 3 President’s Perspective: Sometimes, more is better system of law with a By Charles Swanson commitment to equality and freedom falls apart 5 Jest Is for All: by Arnie Glick when large numbers of people have no one to 10 The Bulletin Board: News about TBA members explain the rules to them 39 Employment Law: 10th Circuit invalidates FMLA regulation and no one to protect By Timothy S. Bland their rights. In this third annual Access to Justice 40 Paine on Procedure: Ancient documents issue, explore the Book Reviews: The Green River Killer reviewed implications of that and what you can do 42 But Seriously, Folks! By Bill Haltom about it. Cover design by 43 Classified Advertising Barry Kolar.

PRESIDENT’S PERSPECTIVE

Your obligation to pro bono

Journal Staff Sometimes, Suzanne Craig Robertson, Editor [email protected] Landry Butler, Publications & more is better Advertising Coordinator [email protected] Barry Kolar, Assistant Executive Director reviously, the readers of this column have [email protected] been made aware of the author’s fondness for P sports and his proclivity for relating virtually Editorial Board all aspects of life to metaphors associated with athlet- Andrée Sophia Blumstein, Nashville, Chair Miles Mason Sr., Memphis ics. For example, when technological advances made it Donald F. Paine, Knoxville possible for radio broadcasters to provide live coverage Nathan D. Rowell, Knoxville of baseball games, one would think that the “powers Charles W. Swanson Jonathan O. Steen, Jackson that be” (i.e., owners, general managers, commission- President ers) would embrace the concept with open arms. In the The Tennessee Bar Journal is listed in the words of former football coach and current ESPN talking head Lee Corso, “Not Index to Legal Periodicals. The Te n n e s s e e so fast, my friend.” In fact, initially the concept of providing live, play-by-play Bar Journal, ISSN 0497-2325, is published by broadcasts of major league baseball games was met with considerable reluctance the Tennessee Bar Association at 221 Fourth Ave. N., Suite 400, Nashville, TN 37219- by those who ran the game. Why? The thinking at that time was that if the 2198, (615) 383-7421, monthly. Period i c a l s games were available for free to those who listened to the radio broadcasts, peo- Postage Paid, Nashville, Tenn. Subscription ple who otherwise would attend the games (paying for tickets, parking, conces- price: $60 per year. Members: $22 per year. sions, souvenirs, etc.) would Individual issues: $10 per copy. Back issues choose instead to listen to the sold on an “as available” basis. Statements or “Access to justice is opinions expressed herein are those of the radio and obtain essentially for authors and do not necessarily reflect those of free that which the purveyors of significantly enhanced for the Tennessee Bar Association, its officers, baseball had hoped to sell to board or staff. P O S T M A S T E R: Send address them. In retrospect, perhaps, we those with wealth, power correction to Tennessee Bar Journal,221 Fourth Ave. N., Suite 400, Nashville, TN now may observe that the logic and education or any 37219-2198. in this way of thinking was COPYRIGHT 2005 flawed. At the time, however, combination of those TENNESSEE BAR ASSOCIAT I O N this school of thought was con- assets.” A D V E RT I S I N G P O L I C Y: While the sidered very reasonable, even per- Tennessee Bar Journal attempts to confine its suasive. The flaw in the logic, of advertising to legitimate business endeavors, course, was that the naysayers failed to take into account that when you make the statements and material appearing in the the game available to the masses over the radio waves for free, that mass audi- advertisements are solely the responsibility of ence gives the game an instant degree of national credibility and popularity, the advertiser. The J o u r n a l a n d t h e Te n n e s s e e Bar Association do not directly or impliedly thereby creating an even greater demand for tickets, paraphernalia, concessions endorse, support or vouch for the authentici- and so on. ty of any representation made in any adver- While the analogy may not be perfect, I believe that it is similarly true that tisement appearing herein. The J o u r n a l d o e s creating greater and easier access to our system of justice gives added weight not intend to accept any advertising material that is false and misleading. The J o u r n a l and credibility to that system. When all persons, governors and the governed, reserves the right to refuse an advertisement captains of industry and assembly-line workers, media moguls and children with it deems inappropriate. small voices and even smaller hope, have access to our system of justice as a CHANGE OF ADDRESS: If your address means to solve disputes, enforce rights and resolve individual differences, the has changed, please notify the Tennessee Bar system itself benefits in so many ways. Think about the criticism that so often is Association at 221 Fourth Ave. N., Suite 400, Nashville, TN 37219-2198, so your leveled at our profession and the judicial process. In most instances, that criti- address will be updated for the Tennessee Bar cism is rooted in the belief that the “haves” have meaningful access to that sys- J o u r n a l and other TBA publications. tem while the “have-nots” are only peeking in the windows from the outside. Although those of us who have a greater appreciation for the problems and complexities of providing a fair and unbiased system of justice recognize that Visit our web site at www.tba.org the problems are not nearly so black and white as is thought by those who have only a passing acquaintance with the system, we still must admit that access to Printed on recycled paper. (Continued on page 5)

TENNESSEE BAR JOURNAL, FEBRUARY 2005 3 PRESIDENT’S PERSPECTIVE

Rules of Professional Conduct, Rule 6.1 Pro Bono Publico Representation

A lawyer should render pro bono pub- (1) delivery of legal services at substantially reduced fee to persons of lico legal services. In fulfilling this no fee or at a substantially reduced limited means; or responsibility, the lawyer should: fee to individuals, groups, or organizations seeking to secure or pro- (3) participation in activities for (a) provide a substantial portion of tect civil rights, civil liberties, or improving the law, the legal system, or such services without fee or expectation public rights, or charitable reli- the legal profession. of fee to: gious, civic, community, govern- (1) persons of limited means; or mental, and educational organiza- (c) In addition to providing pro bono tions in matters in furtherance of publico legal services, a lawyer should (2) charitable, religious, civic, their organizational purposes, voluntarily contribute financial support community, governmental, and educa- where the payment of standard to organizations that provide legal servic- tional organizations in matters that legal fees would significantly es to persons of limited means. are designed primarily to address the deplete the organization’s econom- needs of persons of limited means; and ic resources or would be otherwise The comments to Rule 6.1 can be inappropriate; found at http://www.tba.org/ (b) provide any additional services ethics/index.html. through: (2) delivery of legal services at a

4 TENNESSEE BAR JOURNAL, FEBRUARY 2005 PRESIDENT’S PERSPECTIVE

(Continued from page 3)

justice is significantly enhanced for lawyers is to make that illusion a realized B OARD OF GOVERNORS ■ Charles those with wealth, power and education dream. The Tennessee Supreme Court Swanson, Knoxville, President; Bill or any combination of those assets. has commendably and consistently Haltom, Memphis, President-Elect; Larry It is the responsibility of all of us who encouraged all Tennessee lawyers to fully Wilks, Springfield, Vice President; John have the honor and privilege of working engage in this business of making justice Tarpley, Nashville, Immediate Past Presi- within the system of justice not only to available to all through providing pro dent; Paul Ney, Nashville, Treasurer; improve and enhance that system but bono legal services. Their support Cecilia Barnes, Memphis, Secretary; Sam Elliott, Signal Mountain, East Tennessee also to make it universally available to extends to the adoption of Rule 6.1 of Governor; Sue Van Sant Palmer, those in need of its benefits and its pro- the Rules of Professional Conduct. If you Clarksville, Middle Tennessee Governor; Ed tections. How may we ensure universal have not read that rule in a while, I urge Stanton, Memphis, West Tennessee Gover- availability? There are many answers to you to take time to do so right now (it nor; Morris Hadden, Kingsport, Governor that question, but one of the simplest starts on page 343 of the Tennessee — 1st District; Jim Moore, Knoxville, Gov- and best is to make certain that pro Rules of Court and is reprinted on page ernor — 2nd District; Marcia Eason, Chat- bono representation is available to those 4). While preparing to write this article, tanooga, Governor — 3rd District; Susan persons who otherwise would be on the I carefully read the rule and it took me Emery McGannon, Murfreesboro, Gover- outside looking in. A fair and unbiased less than a minute to read the whole nor — 4th District; Barbara Moss, method of dispute resolution for the citi- rule. Now that you’ve read it, take it to Nashville, Governor — 5th District; Clau- zens of this nation is a most worthy goal heart. We can learn from the experience dia Jack, Columbia, Governor — 6th Dis- trict; Linda Warren Seely, Jackson, Gover- and a goal toward which all of us within of those in major league baseball that nor — 7th District; Nancy Miller-Herron, that system should strive mightily. But, a greater access for all means a better sys- Dresden, Governor — 8th District; G e o r g e wonderful system of justice is only an tem for all. Together, we must all seek to T. (Buck) Lewis III, Memphis, Governor illusion if it is not a system available to make the dream of equal justice under — 9th District; Ewing Sellers, Murfrees- all in need of it. Our responsibility as the law a reality. boro, Speaker, House of Delegates; Cindy Richardson Wyrick, Sevierville, President, TBA Young Lawyers Division; Danny Van WRITE TO THE JOURNAL! Letters to the editor are welcomed and considered for publ i- Horn, Memphis, President-Elect, TBA cation on the basis of timeliness, taste, clarity and space. T h ey should be typed and include Young Lawyers Division; John McLellan, the author’s name, address and phone number (for ve rification purp o s e s ) . Please send yo u r Kingsport, President, Tennessee Judicial comments to 221 Fo u rth Ave. N., Suite 400, Nashville, TN 37219-2198; FAX (615) 297- Conference; Greeley Wells Kingsport, Pres- 8 0 5 8 ; E M A I L : s r o b e rt s o n @ t n b a r. o r g . ident, District Attorneys General Conference; Tom Marshall, Clinton, President, District Public Defender’s Conference; Gail Ash- worth, Nashville, General Counsel.

STAFF ■ Allan F. Ramsaur, Executive D i r e c t o r; Barry Kolar, Assistant Executive D i r e c t o r ; Sharon Ballinger, R e c e p t i o n i s t; Landry Butler, Publications Coordinator; Kathleen Caillouette, CLE Administrator; Anjanette Eash, Youth Court Coordinator; Sarah Hendrickson, CLE Assistant; P a m J o h n s o n , Financial Administrator; B y r o n M o r t o n , Information Systems Coordinator; Jonathan Mott, Intern; Michelle K. O’Neill, Executive Assistant; Lynn Pointer, Programs Administrator and Sections & Committees Coordinator; Becky Rhodes, Access to Justice Coordinator; Megan Rizzo, Membership Coordinator; Suzanne Craig R o b e r t s o n , E d i t o r, Tennessee Bar Journal; Stacey Shrader, Media Relations and YLD Coordinator; Roger Spivey, Director of Con- tinuing Legal Education; K a t ie Wi l k i n s o n , Customer Service & Receivables Coordinator.

TENNESSEE BAR JOURNAL, FEBRUARY 2005 5 NEWSINFORMATION Rules of Procedure Supreme Court rule ‘presumes’ records are open

or the first time, judges “ ‘ … the adoption of new Rule 1A of judges before adopting the in Tennessee would rule with minor changes. F have mandatory guide- the Tennessee Rules of Civil Procedure By state law, amendments lines to use in deciding is a significant change,’ Chief Justice to the rules of procedure, whether certain court records including Rule 1A, must be may be sealed — or kept Frank Drowota said.” approved by the General confidential — under a rule Assembly. The court was to proposed in January by the before any civil court, with tion. The commission draft- submit the amendments to Tennessee Supreme Court. three narrow exceptions. It ed the text of Rule 1A and the legislature in January The court entered an order also applies to settlement recommended its adoption. and, if approved, they will proposing a number of agreements not filed in court The Supreme Court pub- become effective July 1. All amendments to the rules of but pertaining to a filed civil lished the proposal and of the rules are available at procedure applying to cases case, if the agreement accepted written comments http://www.tba.org/rules/2005 in state trial and appellate restricts the disclosure of from the public, lawyers and _scamends/ courts. The rules will be sub- “information concerning mitted to the General matters that have a probable Assembly for ratification. adverse effect upon the gen- “While most of these are eral public health or safety, Increase in federal court civil technical changes, the adop- or the administration of pub- filing fee effective Feb. 7 tion of new Rule 1A of the lic office, or the operation of Tennessee Rules of Civil Pro- On Dec. 8, 2004, President Bush signed into law the government.” The monetary Consolidated Appropriations Act of 2005, which included cedure is a significant amount of settlements may change,” Chief Justice Frank a provision increasing the civil filing fee in United States be kept confidential. District Court from $150 to $250. The civil filing fee was Drowota said. “Prior to the Procedures are set out in adoption of this rule, there last increased in 1996 when it was adjusted from $120 to the rule for requesting that $150. The new filing fee is to become effective Feb. 7. were no written guidelines court records be sealed or for judges to use in deciding unsealed. Non-parties also whether or not to seal, or may participate in court pro- close, certain court records.” ceedings involving the seal- The rule says it is “the ing or unsealing of court BPR complaints decreasing public policy of this state records, which are defined in The Board of Profession- decrease since 1998, when that the public interests are the rule. The rule allows an al Responsibility reports a 1,655 files were opened. In best served by open courts immediate appeal of a 5.8 percent decrease in the past 28 years, the board and an independent judici- judge's decision to seal or complaint files opened for has received 34,357 com- ary.” Under the rule, court unseal court records. Drowo- the period July 1, 2003, plaints, excluding consumer records are presumed to be ta said the court reviewed through June 30, 2004, in assistance concerns. The open to the public and may rules from other states and its 28th annual report. complaints have resulted in be sealed only in limited cir- legal articles on sealing court There were 926 files 151 disbarments, 364 sus- cumstances, spelled out by records before referring the opened, down from 983 pensions, 412 public cen- the Supreme Court in its issue to its Advisory Com- opened during a similar sures and 2,596 private rep- rule. Rule 1A generally mission on the Rules of period the previous year. rimands or admonitions. applies to all documents filed Practice and Procedure for This is a 44 percent in connection with cases study and a recommenda-

6 TENNESSEE BAR JOURNAL, FEBRUARY 2005 NEWS INFORMATION

Booker and Fanfan U.S. Supreme Court makes federal sentencing guidelines ‘advisory’

By David L. Raybin to be severed. tailor the sentence in light of the particular sentence. The initial ruling in of other statutory con- The remaining question n United States v. Booker B o o k e r was not shocking. cerns.” The court hinted at is how Booker and Fanfan and United States v. Fan- However, the great question this earlier in the opinion: implicate Tennessee sen- I f a n , ___ S.Ct. _____, was what remedy would be “were the guidelines merely tencing practices in state 2005 WL 50108 (Jan. 12, crafted given that the advisory … recommending, court. The governor’s com- 2005), the court finally ruled mandatory sentencing por- but not requiring, the selec- mission is considering that on the constitutionality of tions of the FSG were found tion of particular sentences very question as this article the Federal Sentencing to be invalid? in response to a different goes to press. The debate Guidelines (FSG). In an ear- A separate majority of set of facts … their use will probably center on lier opinion, Blakely v. Wash- the court dealt with the would not implicate the whether we should have a ington, the court found that remedy issue. By removing Sixth Amendment.” bifurcated jury trial on sentencing enhancements enhancement factors or had to be determined by a whether those factors can be jury and not a judge. Blakely “advisory” and be deter- dealt with a state’s sentenc- “The great question was what mined by a judge. ing structure and the remaining question was how remedy would be crafted given that David L. Raybin is a part- that decision would impact ner in the Nashville law firm of Hollins, Wagster, the FSG. the mandatory sentencing portions of Yarbrough, Weatherly & In Booker and Fanfan a Raybin P.C. He received highly fractured court made the FSG were found to be invalid?” his law degree from the two findings. First, not unex- University of Tennessee. pectedly, the court extended B l a k e l y to the FSG. The “mandatory” provisions of the “mandatory” provisions While B o o k e r will cer- the FSG conflicted with the the remaining statute tainly spawn a considerable Sixth Amendment right to a “makes the guidelines effec- amount of litigation, it is LegisFlash jury trial and thus the guide- tively advisory, requiring a probable that federal judges lines were held unconstitu- sentencing court to consid- will, at least initially, sen- reports what’s tional to the extent that the er guideline ranges … but tence close to the guidelines. happening in “mandatory” provisions had permitting [the judge] to As time goes on it is equally probable that judges will legislature perhaps depart from the The Tennessee General “advisory” sentence based on Assembly is back in session Court interpreter rules the facts and circumstances and the TBA’s weekly leg- of the case. This certainly is islative report is back as open for comment in keeping with an enlight- well. The weekly email ened sentencing system. report comes out every Supreme Court Rules 41 and 42, which in 2002 estab- Unwarranted upward Thursday while the House lished ethics and standards for court interpreters, has some departures are certainly and Senate are in session. amendments that the court would like you to comment on. possible but the court If you are not receiving The amendments would strengthen the hand of the AOC retained the safeguard of LegisFlash, you can sign up in enforcement of the rules and add criminal conduct to appellate review. Appeals at http://www.tba.org/ the grounds for revocation of credentials. Check out the can now be based on the tba_e-forum.mgi changes at http://www.tba.org/rules/rules41-42.pdf and alleged “unreasonableness” respond before the March 18 deadline.

TENNESSEE BAR JOURNAL, FEBRUARY 2005 7 N E W S INFORMATION

Public Service Luncheon highlights weekend Bar leaders convene for Leadership Conference

ar leaders from across Ten- The T B A Leadership Conference kicked off with a series of nessee brushed up on their educational progra m s. At left from top, Bruce Anderson and Bskills, learned some new Danni Va rlin (not pictured) show how different people learn ideas on educational program- in different way s. In a program on designing effe c t i ve CLE ming and were inspired by Pub- p r o gra m s, H ar r i so n M cI ve r, C i nd y Wy ri ck , Ma x W i l l i a m s lic Service Award winners dur- and David Eldridge discuss new ways to do CLE. In a pro- ing the 2005 Mid-Year Leader- gr a m o n g ove rnmen t al af fa i r s, T B A L e g i s l a t i v e C oun se l ship Conference in Nashville, S t eve Cobb (left) joined Rep. Jere Hargr ove and Gove rn- ment Affairs Committee Chair Nathan Ridley (not pictured). Jan. 14-16. The meat of the programming took place Saturday, with four educational sessions at the Tennessee Bar Center, fol-

lowed by the annual Public Ser- vice Luncheon at the Tennessee State Capitol.

With a crowd of about 200 in PHOTOS BY BARRY KOLAR attendance, TBA P r e s i d e n t Charles Swanson and TBA Access to Justice Chair John Blankenship recognized award U.S. Rep. John Tanner (above) addresses a winners (see related story, page crowd of about 200 at 1 8) and praised their good works. the Public Service U.S. Rep. John Tanner car- Luncheon in the Capi- ried through the theme of public tol. service in his keynote address, citing the need for an “honest Neal McBrayer broker” to keep the powerful (left) questions panel mem- from overrunning the less fortu- bers, while a nate. “An independent bar and CLE breakout judiciary are vital to the continu- team (right) ation of our country as we know that included i t , ” he said. Their role “is not to Linda Warren protect the majority, but to pro- Seely and tect that voice who says ‘I dis- Glenn Walter agree.’ When pressure comes brainstorms from the political world to dic- new ideas. tate to the judiciary, we must T he 40 th bir t h d ay stand up and say ‘no.’” p a r ty fo r th e Te n- In addition, the TBA’s Board nessee Bar Journal — of Governors, House of Delegates fe a t u r in g g am es, and several committees and sec- p ri zesand,ofcourse, tions met during the weekend. A c a ke — capped off the party celebrating the 40th birth- p r o gra m . At left, Claudia Ja ck, Andrée day of the Tennessee Bar Journal Blumstein and Gail wrapped up the meetings. A s h w o rth pl ay to win .

8 TENNESSEE BAR JOURNAL, FEBRUARY 2005

NEWS ABOUT TBA MEMBERS

The Bulletin Board Tennessee Bar Association members may send information about job changes, award s and work-related news. Send it to The Bulletin Board, c/o The Journal at 221 Fourt h Ave. N., Suite 400, Nashville, TN 37219-2198, or email to sballinger@tnbar. o rg. Submissions are subject to editing. Pictures are used on a space-available basis and cannot be r e t u rned. Com pi led by Stacey Shrade r an d Shar on Ba l l i n g e r.

arwell Howard Hyne Gabbert & Manner PC The Knoxville law firm H recently named two new partners in its Nashville of Hodges, Doughty & office. Greg Giffen earned his partnership after Carson recently seven years with the firm. His areas of expertise include announced the addition mergers and acquisitions, venture capital and other strate- of two new associates. gic business, tax and financial transactions. Giffen also Michael Brezina, a grad- has experience as a CPA. Kris Kemp joined the firm in uate of the University of 1997 and concentrates his practice in mergers and acqui- Tennessee College of Brezina Birdwell sitions, securities and general corporate matters. He also L a w, will concentrate has substantial experience in international business trans- his practice in medical actions and securities offerings. He currently represents malpractice defense. clients in the health care, life sciences, real estate, educa- Matthew Birdwell,also tion and information technology industries. a graduate of the Uni- ■ versity of Te n n e s s e e Baker, Donelson, Bearman, Caldwell & Berkowitz PC College of Law, will recently announced plans to renovate and expand its focus on commercial law Stewart Hadley Memphis office located in the First Tennessee Building at and bankruptcy cases. 165 Madison Ave., where the firm has been a tenant ■ since 1964. The law firm of North, Pursell, Ramos & ■ Jameson PLC recently added three new The Tennessee Bar Foundation, an organization that hon- members in its Nashville office. R e n e e ors attorneys who have distinguished themselves in the Levay Stewart, who graduated from the profession and raises funds for law-related public interest University of Memphis School of Law in projects, inducted a new class of fellows during the TBA 1997, concentrates her practice in civil Leadership Conference in January. Of the 31 class mem- litigation, commercial litigation, and Miles bers, the following fellows are TBA members: S. Lee medical malpractice defense. Edward A. Akers (Chattanooga), Robert R. Campbell Jr. H a d l e y joined the firm in 2002 after com- (Nashville), Oscar C. Carr III (Memphis), Nancy Krid- pleting a clerkship with the First Circuit Court in David- er Corley (Nashville), James C. Gooch (Nashville), son County. He graduated from the Cumberland School of Michel G. Kaplan (Nashville), Richard F. LaRoche Sr. L a w, Samford University in 1994 and focuses his practice (Murfreesboro), William D. Leader Jr. (Nashville), Bar- in the areas of medical malpractice, product liability, work- bara Mendel Mayden (Nashville), James B. McLaren Jr. ers compensation, ERISA benefits and general civil litiga- (Memphis), Nancy C. Miller-Herron (Dresden), Fred H. tion. J. Eric Miles has been with the firm since 2002 and is Moore (Chattanooga), Caren Beth Nichol (Memphis), licensed to practice in all Alabama and Tennessee state Courtney N. Pearre (Nashville), Edward G. Phillips courts, as well as federal courts in the Northern and Middle (Knoxville), Steven A. Riley (Nashville), Michael L. Districts of Alabama and the Middle District of Te n n e s s e e . Robb (Memphis), Robert W. Sands (Columbia), Robert Miles graduated from Tulane Law School in 1998. His D. Tuke (Nashville) and Maurice Wexler (Memphis). areas of practice include civil litigation, commercial litiga- ■ tion, and medical malpractice defense.

10 TENNESSEE BAR JOURNAL, FEBRUARY 2005 NEWS ABOUT TBA MEMBERS

■ icated to teaching, administering or practicing general The Tennessee Commission on Continuing Legal Educa- jurisdiction civil trial mediations. tion and Specialization has certified Knoxville attorney ■ David M. Eldridge as a criminal trial specialist. Eldridge The Chattanooga firm of Grant Konvalinka & Harrison also recently was certified as a criminal trial specialist by PC has announced the addition of two new associates: the National Board of Trial Advocacy. Eldridge is a part- Richard G. Pearce and L. Katherine Higgason. Pearce, ner in the Knoxville firm of Eldridge & Blakney PC. who earned his law degree from the Cumberland School ■ of Law, will focus his practice in the areas of taxation, The Campbell County Bar Association recently held financial and estate planning, transactions, real estate and elections to choose its new leadership. Robert Scott w a s litigation and dispute resolution. Higgason, who clerked elected to serve as president; Michael Hatmaker t a k e s with Grant Konvalinka & Harrison before joining the over as vice president; Robert Asbury steps into the firm, received her law degree from the University of Ten- s e c r e t a r y ’s s pot ; a n d Vic Pryor was elected treasurer. nessee College of Law. She will focus her practice in the ■ areas of litigation and dispute resolution, general business, At the Coffee County Bar Association, John LaBar was environmental law, real estate and domestic relations. elected president, Laura Riddle was elected vice presi- ■ dent and Craig Northcott was chosen secretary/treasurer. Glankler Brown PLLC recently ■ announced that Natasha Asly Nassar Jeff T. Goodson recently joined the has joined the firm as an associate and Law Office of John Cobb Rochford as will practice in the areas of taxation, an associate in the firm’s Nashville estate planning, civil litigation and office. Goodson, who received his law bankruptcy. Nassar received her law degree from the University of Mem- degree from Southern Methodist Uni- phis, will practice in the areas of real versity in 2004. Nassar estate, commercial litigation and ■ intellectual property. Goodson Thomas L. Parker has joined the Mem- ■ phis office of Baker, Donelson, Bearman, The University of Tennessee College of Law has announced Caldwell & Berkowtiz PC as a share- that professor Douglas A. Blaze has assumed additional holder and will concentrate his practice responsibilities as director of the Center for Advocacy and in the areas of tort litigation, govern- Dispute Resolution. Blaze currently serves as the Art Stol- ment investigations and white-collar nitz professor of law and director of clinical programs. crime. Parker earned his law degree ■ from the Vanderbilt University School The Knoxville law firm of Paine, Ta r w a t e r, Bickers, and of Law and later served as an assistant Tillman LLP recently announced the addition of two new U.S. attorney specializing in trial and Parker attorneys: Joshua R. Wa l k e r and Thomas M. Gautreaux. appellate work related to bank and mail ■ fraud, narcotics and money laundering. Christopher R. Moore has joined the ■ law firm of Henry, McCord, Bean, Charles K. Grant, a shareholder in the Nashville office Miller, Gabriel & Carter PLLC as its of Baker, Donelson, Bearman, Caldwell & Berkowitz PC, newest associate. Moore, who earned his received the Volunteer of the Year Award from the law degree from the Cumberland School Nashville Pro Bono Program. The award is given in of Law at Samford University, will con- recognition of Grant’s commitment to providing access to centrate his practice in the areas of justice for the poor and elderly. More specifically, he was domestic relations, personal injury, recognized for his collaboration with the Nashville Pro Moore workers’ compensation, criminal defense Bono Program, the NAACP and the Napier Looby Bar and general civil litigation. Association in creating the Citizen Restoration Project, ■ which provides legal representation to individuals who Pamela L. Reeves of the Knoxville firm Anderson have served their sentence but have lost their right to Reeves & Cooper was recently inducted as a fellow in the vote because of a felony conviction. American College of Civil Trial Mediators – an association of mediators and dispute resolution professionals ded-

TENNESSEE BAR JOURNAL, FEBRUARY 2005 11 N E W S INFORMATION

Suspensions for failure to pay The following attorneys were suspended by the Board of Professional Respon- B P R A ct io ns sibility on Sept. 20, 2004, for failure to pay annual registration fees as required by Rule 9, section 20.1 of the Tennessee Supreme Court Rules. Attorneys who paid R e i n s t a t e d their fees as of Jan. 14 are noted as reinstated. emphis attorney Kennard Dudley Brown TENNESSEE S. Beasley II (reinstated), Edward Mose M has been reinstated to the practice of law Brentwood: Andrew Jackson Dancy. Brown, Elbert Edwin Edwards III (rein- after complying with Rule 21 as required by the Bulls Gap: Heiskell Harvey Winstead. stated), Barbara S. Freemon (reinstat- Board of Professional Responsibility. Chattanooga: Robert E. Barnes (rein- ed), George Ellis Summers Jr., Jerry stated), Keith Alan Black, Curtis Lee Woods Weeks. Newport: Susanna Laws D i s b a r r e d Bowe (reinstated), John Cris Helton Thomas. Oak Ridge: Michael Wayne (reinstated), Wadrick Allen Hinton (rein- Ritter (reinstated). Portland: Nora T. Nashville attorney Carroll Thomas Strohm stated), Joseph Thomas Phillips (rein- Cannon. Powell: Charles Philip Carter. was disbarred by order of the Tennessee Supreme stated), John Troy Wolfe. Clarksville: Rogersville: John Stephen Anderson Court on Nov. 30, 2004. Strohm had been sus- Charles Ellis Bush. Clinton: James M. (reinstated). Signal Mountain: Nicholas pended from the practice of law since July 2003 Webster (reinstated). Columbia: Kirkpatrick Brown. Spring Hill: Clyde pending resolution of a petition for discipline Christopher Lee Dunn, Michael Eugene Eggleston Harris Jr. Gilmer. Covington: Francis Michael against him. Strohm consented to the disbarment Deslauriers (reinstated). Dyersburg: OUT OF STATE on Nov. 22 when he acknowledged that he could Sidney Trainham Bruce. Elizabethton: Alabama: Jack Monroe Glandon, James not successfully defend himself against the disci- Thomas Ewing Cowan Jr. (reinstated). Herrin Porter. California: Deirdre Elena plinary petition. Disbarred attorneys must wait at Franklin: John Webster Wade Jr. Ger- Richardson. Colorado: Richard Halbach least five years before petitioning the court for mantown: Thomas Joseph Robinson. Booth, Robert Duke Eggleston. Con- Hendersonville: Pamela Gayle Browne. necticut: David Kay Bowles (reinstated), reinstatement, at which time the Supreme Court Hixson: Richard Lee Hudson. Jackson: Timothy M. Davis. District of Columbia: must hold a formal public hearing and make a Clayton F. Mayo (reinstated), Ramsdale N. Duane Lacy. Florida: Teresa J. Dav- final determination. O’Deneal Jr. (reinstated). Johnson City: enport, Sharon Thomas Deshazo, Michael D. Kellum (reinstated). Robert August Enright III, Sula Snyder S u s p e n d e d Kingsport: James Harrison Beeler Jr. McAuly, William Edward Raikes III, Ken- (reinstated), Thomas Martin Browder Jr. neth Roger Starr. Georgia: Elizabeth The Tennessee Supreme Court suspended (reinstated), Clifford Eugene Sanders Lea Baine, Paul David Caver Jr., Kevin Memphis attorney Vaughan Eugene Reid o n (reinstated). Kingston: Spence Roberts Lamont Coles, Robert Crews Dodson N o v. 28, 2004 for failure to answer a complaint of Bruner (reinstated). Knoxville: Travis McDonald. Illinois: Sang Won Shim, misconduct. The order precludes Reid from Gerald Brasfield (reinstated), Richard W. Benjamin Todd Vinson, Joset Benita accepting any new cases and mandates that he Clark III (reinstated), Suzanne Shack- Wright. Kentucky: Scott Patrick Kasiers- elford Queen (reinstated). Maryville: ki, Kanayo Osi Onyekwuluje. Louisiana: cease representing existing clients. After Nov. 29 Hilary Hayes Williams (reinstated). Guy Herbert Lillian III. Maryland: David he is not to use any indicia of lawyer, legal assis- Memphis: James Torreyson Allison Patrick Buck, Harold Leslie Levi, tant or law clerk and may not maintain a presence (reinstated), Adrian Richard Bohnen- Franklin Dale Shelton. Massachusetts: where the practice of law is conducted. He also berger (reinstated), Deborah Anne Bran- Bernard Wilburn Greene. Mississippi: must notify all clients being represented in pend- don, Alan Bryant Chambers (reinstated), Clay Spencer Nails, Douglas Bradley Rosemary Clark (reinstated), Martin Walsh (reinstated), Calvin C. Williams Jr. ing matters, all co-counsel and all opposing coun- Raymond Conway Jr., Joseph Houston (reinstated). New Jersey: Damon Oran sel of the suspension and must deliver to clients Crabtree Jr., Patrick M. Dandridge (rein- Burrows II (reinstated), Joseph Zavaglia any papers or property to which they are entitled. stated), Handel R. Durham Jr. (reinstat- Jr. New York: Katrina Anne Kelly, Maria The suspension remains in effect until dissolution ed), Jerre George Duzane (reinstated), Stephanie Mitchell, Heidi Louise Sim- or modification by the Supreme Court. William Palmer Efird, Don Anthony Han- mons. North Carolina: Aaron Edward dley, David R. Huggins, Jennifer L. Carlos, Leonard F. Hilty III. Pennsylva- Johns, Florence Marie Johnson (rein- nia: Gittel Kuniansky Hilibrand (reinstat- Disability Inactive stated), Jamal Johnson, James H. Kee ed). South Carolina: Judy Poore The Tennessee Supreme Court issued an order (reinstated), Doris Regina Kirby (rein- Hamer, McDonald Yawn. Texas: James on Nov. 7, 2004, transferring the law license of stated), Thomas Perry Jr., Michael Paul Prentice Derossitt IV (reinstated), Don- Nashville attorney Charles Ford Galbreath t o Pfrommer, John Carl Scheeper Jr., ald L. Groninger (reinstated), Kimberly Montgomery Bates Sernel, Dewun R. Pinckard Kernodle. Virginia: Robert disability inactive status. Galbreath filed a peti- Settle (reinstated), George E. Skouteris Lindsay Gilliam III, Larry Benson Kirk- tion with the court requesting the transfer because (reinstated), Amanda Payne Strange, sey, Matthew Jeffrey MacLean, George of a medical condition that prohibits him from Thomas Andrew Stroud, James Franklin Epperson Price, Kenneth Ray Russell continuing the practice of law. Turner (reinstated). Murfreesboro: Jr. Charles Edwin Reed. Nashville: John Compiled by Stacey Shrader from information obtained from the Board of Professional Responsibility of the Tennessee Supreme Court.

12 TENNESSEE BAR JOURNAL, FEBRUARY 2005 TBA Access to Justice Committee welcomes you List of Current Members of the By John Blankenship, chair Access to Justice Committee Ursula Bailey, Stacy, Whitt, & Cooper n the post-election dialogue we have Bar Association Access to Justice Commit- Ann Barker, Department of Children’s heard several references to reaching out tee and the entire access to justice commu- Services I across the aisle and crossing party lines. n i t y, to o u r f el l o w l aw y er s wh o ha ve James Barry, International Paper I suspect these comments are made because heretofore, for whatever reason, declined Sam Blaiss, Solo Practitioner there is some amount of genuine desire to to provide pro bono representation. We John Blankenship (Chair), B l a n kenship & do so, but more so because it resonates with offer our encouragement, our willingness B l a n ke n s h i p the electorate. Regardless, it has resonated to assist, and we declare our desire to work Doug Blaze, UT College of Law Andrew Branham (Vice Chair), Counsel on with me by energizing my genuine desire to with you in making the two parties one. If Call reach out across an aisle that unfortunately, ever there was doubt that providing pro Greg Callaway, Howell & Fisher PLLC but obviously, exists in our profession. On bono representation is a responsibility we Jim Daniel, Solo Practitioner either side of this aisle are a minority and all share rather than an elective activity, it Jackie Dixon, Hollins, Wagster & majority party. The irony is there should be has surely been removed by our Supreme Yarbrough only one party in this particular campaign. Court with adoption of Rule 6.1 of the Page Garrett, Solo Practitioner Recently, I called an attorney friend of Tennessee Rules of Professional Conduct. Deb House, Legal Aid of East Tennessee mine about helping out in a pro bono case. There is certainly no longer any need for Meg Jones, Community Legal Center I wasn’t able to speak with him initially, debate, if there ever was. Alex Hurder, Vanderbilt Univ. Law School but after informing his assistant of the rea- I am pleased and excited that this issue John Lamb, Boult, Cummings, Conners & son for my call, I was told, Mr. _____ does- of the Tennessee Bar Journal is being devot- Berry PLC Alexandra Mackay, Stites & Harbison n’t do pro bono. Later my attorney friend ed to access to justice, and I thank the TBA Susan McGannon, City of Murfreesboro confirmed this fact and the reasons why. and the Editorial Board for doing so. And I Legal Depart m e n t While I have little doubt that his is an would be remiss not to take advantage of Johanna McGlothlin, Legal Aid of East unusual position in terms of having a flat- this opportunity that the TBA has afforded Tennessee out policy against doing pro bono, the us to make better known the existence and Eric Miller, Legal Aid of East Tennessee undeniable fact is that lawyers who do pro- purpose of our committee. Our excellent Barbara Moss, Wyatt, Tarrant & Combs vide pro bono representation in Tennessee c o o r d i n a t o r, Becky Rhodes, has her finger Michael O’Hagan, Solo Practitioner are clearly members of a minority party. In on the pulse of all the pro bono and other Harold Pinkley (Committee Chair fact, less than 40 percent of licensed attor- access to justice initiatives across the state. Emeritus), Miller & Martin LLP neys in Tennessee provided pro bono rep- And our wonderful attorney members in Allan Ramsaur, Tennessee Bar resentation in 2003. But I mention this both private and public practice work hard Association J e n n i fer J. R o s e n b a u m , S o u t h e r n Mi gra n t number not to focus on what’s not being throughout the state to expand access to Legal S er v i c e s done, but on what can be done and what justice for all Tennesseans. Give Becky a Connie Ross, University of Memphis Legal remains to be done. And following the call at (615) 383-7421 and she’ll be glad to Clinic lead of our political leaders, I hereby reach help you join the party. Yvette Sebelist, King & Ballow across the aisle on behalf of the Tennessee Linda Warren Seely, Memphis Area Legal Services TBA Access to Justice Committee’s Mission Statement Marietta Shipley, 20th Judicial Dist., Div. 2 Lucinda Smith, Nashville Pro Bono Advance the cause of equal access to justice for all Tennesseans. • Create a Program culture of equal access initiatives among all members of the justice commu- Jonathan Steen, Armstrong Allen PLLC n i t y. • Coordinate and encourage cooperation among providers Elizabeth A. Sykes, Administrative Office of the Courts of legal services statewide. • Educate the bar on the need and obligation to Terry Woods, Legal Aid of East Tennessee provide pro bono publico representation. • Support the bar in fulfilling its Steve Xanthopolos, West Tennessee Legal Services obligations under Rule 6.1 of the Tennessee Rules of Professional Conduct. Dave Yoder, Legal Aid of East Tennessee • Supply a voice for attorneys to the courts, the legislature and the public on LaFran Plunk (Paralegal Representative), access to justice issues. West Tennessee Legal Services

TENNESSEE BAR JOURNAL, FEBRUARY 2005 13 A R T I C L E

Understanding the Unrepresented The Tennessee Statewide Comprehensive Legal Needs Survey for 2003 By Thomas C. Galligan Jr.

o steal a corny but very true line, a chain is no stronger than its weakest link. In a system of justice and a society that claims to be governed by the rule of law, the T unrepresented person is the weakest link in the chain. The whole idea of a system of law with a commitment to equality and freedom falls apart when significant numbers of the population have no one to explain the rules to them and no one to protect their rights under those rules.

For those folks, the system presents a rule of chaos, not a S W O R P S rule of law. Consequently, it is imperative to provide the gathered infor- unrepresented with counsel and it is critical to know who is mation by unrepresented. What, exactly, are our legal needs in this calling 824 Te n- country and in the Great State of Tennessee? nesseans whose To answer that question the Tennessee Alliance for Legal household incomes Services (TALS), Tennessee’s statewide planning entity for were below 125 per- the provision of legal services to the poor, undertook a cent of the federal statewide legal needs analysis. TALS, the Tennessee Bar poverty guidelines.1 I n Association, and the University of Tennessee College of Law fact, about 18 percent of provided funding for the project, and the TALS Strategic Te n n e s s e e ’s total population are low Planning Committee took on the job. income (approximately 1 million people). In order Early on, the Strategic Planning Committee and the to be eligible for legal assistance under Legal Services TALS board determined that someone with expertise would C o r p o r a t i o n ’s guidelines, household income cannot exceed have to be involved with the design of a questionnaire and 125 percent of the U.S. Department of Health and Human conducting the survey. The University of Tennessee College Services poverty guidelines.2 To provide a little more back- of Social Work Office of Research and Public Service ground about low income people who participated in the (SWORPS) was the successful bidder and so SWORPS survey is informative and enlightening. About one-third signed on. After preparation of a survey instrument, the were working, either full or part-time. Eleven percent had study was underway. been laid off; one in five was retired; 23 percent were dis-

14 TENNESSEE BAR JOURNAL, FEBRUARY 2005 abled. One in four had some college education. Fifty-five per- ingful provision of legal services offset or help to offset that dis- cent owned their own home. incentive. There are, of course, alternative explanations.5 For As noted, SWORPS was calling those Tennessee households instance, since those surveyed had to have a land-based phone that were eligible for legal services from one of the state’s LSC line, working people may have been over-represented in the funded legal services providers. Those four providers are: Legal sample and may be generally more accessible via the method of Aid of East Tennessee, Legal Aid Society of Middle Tennessee communication used. Moreover, working people may generally and the Cumberlands, West Tennessee Legal Services, and be better informed about and more aware of what types of prob- Memphis Area Legal Services.3 Other legal service providers in lems are legal problems. Tennessee that do not receive funds from LSC include: South- east Legal Services, Tennessee Justice Center, Community Legal Study data on types of legal problems Center in Memphis, and the Legal Clinics of the University of The varied types of legal problems reported are too numerous Memphis, University of Tennessee and Vanderbilt University. to list here, but the most frequently reported problems involved: Each phone survey took about 15 minutes and included conflicts with creditors (reported by 34.6 percent of the sur- detailed but easy to understand questions on 37 different types veyed households that experienced a legal problem in the past of legal problems. SWORPS then collected the survey results, year); medical bills and health insurance (29.6 percent); utili- collated them, and analyzed them for statistical significance. ties (26.2 percent); government benefits (21.8 percent); health The findings will inform the public and decision makers. The care (15.2 percent); affording a place to live (14.3 percent); study findings also will guide future planning for legal services. products or services (10.8 percent); and getting a loan or credit N o t a b l y, the 824 households surveyed experienced an average (10.8 percent). All of these categories as well as many of the of 3.3 civil legal problems in the prior year. Not every household other problems reported involved legal issues arising out of suffered a legal problem. Of the households called, 575, or 69.8 access to life’s necessities.6 percent, suffered some problem. And, as noted, overall, each Special attention must be paid to three categories of legal household experienced 3.3 civil legal problems; breaking the problems not listed above: immigration, domestic violence or numbers down further, on the average each person involved had abuse, and break-up of a relationship. It is the sense of the TALS 1.2 legal problems in the prior year.4 The study found a statisti- board that immigration problems are under reported because cally significant relationship between the size of the household those who face immigration issues are extremely hesitant to dis- and the number of problems reported. Consistent with one’s intu- cuss those issues with anyone, even someone purporting to be itive judgment, as the size of the household increased, the number conducting a survey about access to legal services. Similarly, it is of reported legal problems increased. Whites were more likely not likely that domestic violence and abuse are under reported to report problems than African Americans, Hispanics and because the person answering the phone may have been the others. “Older” households, with people 60 or older (although victim of abuse and afraid to answer or may even have been an that is sounding younger all the time), reported fewer problems abuser. Finally, legal service attorneys across the state and than “younger” households. nation will tell you that the unmet need in family law cases is Critically, those called who were working reported signifi- phenomenal. Unfortunately that need may not have been accu- cantly more civil legal problems than the non-working. While rately captured in the Tennessee survey because of the way in the survey does not explain why the working poor have more which the break-up of a relationship questions were asked. Con- legal problems than the non-working, this law professor guesses sequently, it is your author’s opinion that the family law need is that working exposes a person to a whole range of legal rela- drastically understated. Other reasons for the under-reporting, tionships and potential problems as my friend Doug Blaze has opined, may be that persons in need arising out have given up on those problems because there is no help. Or, it could be that other legal problems, like housing, utilities, and health care, overshadow the need for help with ending a relationship, particularly if the couple has separated. Switching gears from the types of legal problems reported to what were the most troublesome problem categories, respondents said that their “biggest” (Continued on page 16)

of transportation, the workplace, consumer lending, and more. Ironically then, striving to sustain or improve oneself by and through work actually exposes one to more legal problems. The law review article writer in me wonders whether this exposure could be a disincentive to work and if it is, would the mean-

TENNESSEE BAR JOURNAL, FEBRUARY 2005 15 Understanding the unrepresented (Continued from page 15) legal problems involved: housing or utili- cases the provider provided some help Taking the data from the needs survey ties (24.1 percent); financial and con- with bills or rent and in 3.3 percent of the and combining it with census data and sumer (22.5 percent); health care (22.3 cases the legal services provider referred statistics on closed cases by legal service percent); discrimination (12.3 percent); the client to a private attorney or service providers yields an estimate of how much employment (9.8 percent); family or rela- group. I was struck by how few matters of the state’s poor’s legal needs are being tional (7.0 percent); community services got handled by actual representation at a met. The statistic is staggering. Only (4.9 percent); government or veterans’ hearing. But there seems to be no readily about 5 percent of the need is being met. benefits (4.5 percent); lawsuits or insur- available data on what the optimal per- In only 5 out of 100 cases is the need ance (2.5 percent); juvenile (1.8 percent); centage might be. served. That means 95 percent of the poor and immigration (0.6 percent). What other facts were learned in the who have legal problems are not represented. Respondents then rated the level of survey? Seventy-nine percent of the sur- The implications are clear. The nation trouble that their biggest legal problem veyed households had a car. Forty-three faces a crisis concerning access to legal caused on a scale of 1 (not much trouble), percent had access to the internet. While services and the legal system. The private 2 (some trouble) and 3 (a lot of trouble). one may question the quality of the b a r, through pro bono services and other There, the focus shifted slightly. People access, it would seem that both access and ventures, must continue to do its part and expressed the following levels of trouble: quality access to the internet will must do even more. State and national immigration (3), juvenile (2.6), lawsuits or improve, and the internet provides some policy makers must consider creative and insurance (2.6), employment (2.4), family promise to both inform and assist low- new ways to solve the problem such as and relational (2.4), discrimination (2.3), income, unrepresented Tennesseans. One loan forgiveness programs for law school community services or the environment great resource to which people can turn is graduates who devote at least some of (2.2), financial or consumer (2.2), housing TALS web site www.TennHelp.com. The their careers to legal services. The state’s or utilities (2.2), and government or vet- site provides easy access to organizations legal services providers also must consider erans’ benefits (2.0). and agencies across the state of Tennessee new alternatives such as increased use of L o g i c a l l y, the 511 households that that can provide help to people in need. t e c h n o l o g y, shared resources, and creative had identified their biggest legal Critically, only 21.2 percent of the partnerships with private law firms. problem were asked what they did about households questioned were aware of a Clearly within the legal services commu- it. There were 24.5 percent who took no source of free civil legal assistance for nity difficult choices may have to be made actions at all because they felt it was low-income households. This means only between helping a large number of people “just the way things are” (17.6 percent). about 1 in 5 people surveyed knew of a with common but less complex problems Others just “thought nothing could be source for free legal assistance. or helping a smaller group of people with done” (16.8 percent). Disturbingly for less common but more complex problems. current purposes some “didn’t know What do we learn? The Legal Needs Analysis shows us where to go for help” (12 percent). So, what final highlights did that the needs are great and they are Others “didn’t want a ‘hassle’” (12 per- S W O R PS an d TA L S dr aw f ro m th e unmet. Tennessee faces a crisis of unrep- cent). But what about the 75.5 percent report? To reiterate, about 70 percent of resented people. Why is it a crisis and who tried to resolve their biggest legal the poor or near-poor households sur- why is it important to be concerned? problem? Some simply protested and veyed experienced a legal problem in the It is a crisis because a person with a legal refused to pay (30.1 percent). Others past year. The average number of legal problem but no real representation has no sought help from a private lawyer (24.3 problems per household was 3.3 per chance in a legal controversy. For them percent), often at a discounted fee. household or 1.2 per person. Extrapo- there is no rule and there is no law; there is Others sought help from a legal aid lating to the larger population in Ten- confusion, uncertainty and oppression. For office or legal clinic (15.7 percent). nessee whose incomes are at or below 125 them, the American dream must some- And, others directly contacted creditors percent of the federal poverty guidelines, times seem like a one-sided nightmare. or officials on their own (13.4 percent). 1,000,000 individuals experienced an The problem is important to me Of the households surveyed who average of 1.2 legal problems each in the because of what I believe about social jus- sought help from Tennessee’s legal aid prior year. tice; it is important because of what I offices or legal clinics, about 55 percent Less than 30 percent of the eligible believe about basic fairness; it is important were helped. Helped how? In 15 percent population is aware of how or where to because the unrepresented often are mem- of the cases the provider worked to turn for legal assistance. Clearly, bers of those groups in our society who are resolve the problem without formal informing eligible potential clients with most often under-served and most often action. In 15 percent of the cases, the problems of their options is a paramount excluded, rather than included. For all provider gave only legal advice. In 10 per- concern. But once those people are lawyers the unmet legal needs of the poor cent of the cases, the provider prepared informed, who will represent them? Are are of major concern because satisfying for and/or represented the client in a there enough lawyers handling cases for those needs will help to make the system hearing or lawsuit. In 8.3 percent of the those in need? No is the clear answer. (Continued on page 29)

16 TENNESSEE BAR JOURNAL, FEBRUARY 2005

A R T I C L E

These winners ensure that the law is ‘Accessible to everyone’ By Julie Swearingen Vance Fry — Harris A. Gilbert Pro Bono Attorney of the Year ach year since 1992 the Te n n e s s e e U.S. Naval Reserve and achieving the Bar Association has given Access rank of Admiral. He retired in 1995. E to Justice Awards in three cate- Fry was 40 when he decided to go to gories. Read about this year’s winners here. law school, the timing of which he admits was “a little unusual.” The Harris A. Gilbert After law school, building a traditional Pro Bono Awards practice would have been difficult for Fry This year’s Harris A. Gilbert Pro Bono because he was traveling as many as 100 Attorney of the Year Award is presented to days a year with the Naval Reserve. As a two deserving attorneys, Vance H. Fry of result, he never has practiced law full- Chattanooga and David Gall of Knoxville. time. From the beginning, he says, he has The award recognizes private bar attorneys practiced only three days a week. His is a who have contributed significant amounts of general practice focusing on such areas as pro bono work and have demonstrated dedi- estate planning, probate, real estate and cation to the development and delivery of elder law. legal services to the poor. The award is It was only recently, however, that Fry named after Gilbert, a Nashville attorney began doing pro bono work in earnest with David Gall — Harris A. Gilbert Pro and past TBA president, who exemplifies this Legal Aid of East Tennessee (LAET). Bono Attorney of the Year type of commitment. “About three years ago, when I turned 65, I started thinking about how ■ ■ ■ I wanted to spend the next 20 years of to fill out and sign a lot of paperwork. my life. I knew I wanted a bold chal- Vance wanted to spend his time advising VANCE H. FRY, a sole practitioner lenge, and then I read John Grisham’s clients and providing them with legal in Chattanooga, has never done anything book, The Street Lawyer,andIsaid, assistance without the hassle of all the the traditional way. ‘ T h a t ’s i t, ’ ” he laughs. Grisham’s book paperwork.” With officials at Legal Ser- He has never practiced law the way tells the story of a lawyer who eschews a vices, Fry developed a system that has most people do it, he hasn’t retired the partnership in a giant D.C. law firm to worked well for everyone. way most people retire, and the pro bono become an advocate for the homeless Fry established clinics at various Chat- work he does with Legal Aid of East Ten- and powerless. tanooga service organizations, each of nessee is done with his trademark “twist,” Fry soon discovered, however, that pro- which is on the frontlines in the area’s as well. viding legal aid might be more fulfilling if battle against poverty. He spent most of One thing you need to know about he could tweak the system a little. his time, however, at The Samaritan Fry, 68, is that he is a Navy man, a fact In her nomination of Fry, LAET Pro Center, an organization that gives health that permeates almost everything he Bono Coordinator Nancy Pagano tells and counseling services, personal items does. He graduated from Annapolis in the story: “He soon realized that Legal and food to people in crisis. 1960 and had a 35-year career with the Services had many regulations they had “My philosophy,” says Fry, “was that I Navy, spending 25 of those years in the to follow, and that potential clients had wasn’t generally going to go to court with

18 TENNESSEE BAR JOURNAL, FEBRUARY 2005 people, because if I did that, I could prob- to do a lot of extra pro bono work. After ably handle only four or five cases a all, they see their fair share of a commu- month. If I did other things instead, I nity’s destitute population every day on could see quadruple the number of the job. people. I spent my time writing letters, One wonders, then, why D AV I D calling landlords, whatever the case, and GALL, an assistant public defender for then if someone had a situation that the Knox County Public Defender’s needed to go to court, I set them up with Office, spends so much time volunteering Legal Aid. with Legal Aid. “In a year’s time, I referred about a H e ’s fairly practical about it. “Yo u dozen people to Legal Aid but was prob- don’t do it to gain appreciation, you do it ably able to see and help another hundred because it’s important that it be done,” he or so. I don’t know the exact number. I says. “And there’s gratification in doing a haven’t stopped to count,” he says. job right, even if the client doesn’t under- Pro bono work has its ups and downs but stand the benefit. is ultimately rewarding, according to Fry. “A lot of them do understand, how- Barbara Futter — Public Service “It can be frustrating to work in pro ever, and are extremely grateful. It’s not Award bono. Fifty to 60 percent of your clients uncommon — in fact, it is extremely are late, or they set the appointment and common — to run into someone you’ve don’t show up. You could walk away from helped, years later, and have them recog- it and say, ‘Well, I don’t care if they don’t nize you. That’s when it becomes obvious care,’ but then they still need the help,” that you have made an impact on that he says. person’s life.” “There is immense personal satisfac- He laughingly illustrates the point. “I tion in it, because I know I’m helping was having some remodeling done,” he people who otherwise wouldn’t have says. “I drove up to my house one day, access,” he says. “The way I’m doing it, I and half the roofers stood up and maybegettingtothepeoplewho shouted out at me, ‘Hey, Mr. Gall, wouldn’t go down to McCallie Avenue remember me?’ People remember what and walk into Legal Aid.” you’ve done for them.” Fry’s efforts don’t stop at the county Gall, who was one of the original attor- line. Now he is spending about half his neys on the Knox County Public pro bono time on overseas missions. He is D e f e n d e r ’s st a ff wh en it wa s form e d in conducting seminars on character and 1990, also is a member of the Knox County Joseph N. Williams — Law Student integrity for a Christian university in the Foster Care Review Board and served on Volunteer Award Ukraine and helping missionaries in var- the board of directors of the Knoxville ious areas of the world with the special Legal Aid Society until it was transformed legal concerns they often face. in to L eg a l A id of Ea st Te n n e s s e e . What drives him to do all of this, Still a member of LAET’s Pro Bono and what are his hopes for the future of Project, Gall regularly assists with the pro bono? organization’s Saturday Bar clinics. “I guess I’m just looking for the best Pro Bono Coordinator Terry Woods, way to spend my time. I didn’t want to who nominated Gall, writes, “David’s spend it playing golf and watching TV,” expertise in criminal law makes him par- he says. “I just love what I’m doing, and I ticularly valuable to us. Many of our think access to justice is so important. It’s clients would have been denied appoint- a way to pay back all that’s been given to ments if not for the fact that we knew me. I feel like the Lord has provided so David would be there to address their abundantly to me.” potential criminal issues.” Gall’s participation in pro bono does ■ ■ ■ not stop with the Saturday Bar consultations. He recently has had as many as four You might not expect public defenders (Continued on page 20)

TENNESSEE BAR JOURNAL, FEBRUARY 2005 19 Award winners (Continued from page 19) Special Recognition for open files for Pro Bono Project clients. In those four cases, he is doing every- Pro Bono Work This year the TBA Access to Justice Committee thing from helping one client regain his and the Board of Governors voted to offer special right to vote to recovering a driver’s license recognition to attorneys who take on a single, com- for another person to giving another client plex and controversial case pro bono. The TBA the courage to open his mail. awards this special recognition to DAVID SIEGEL Woods tells how, in the previous case, and RICHARD GORDON, both of Memphis, for a client tried to surrender himself to the their extraordinary service in an adoption and child Knox County Detention Center after custody case in the Memphis area. being caught driving on a suspended In that case, Chinese nationals Shaoqiang ‘’Jack’’ license. He later received several pieces David Siegel He and his wife, Qin Luo “Casey,’’ gave their infant of mail from the state but would not open daughter to Jerry and Louise Baker. The financially any of them, afraid the letters were distressed Hes said their arrangement was temporary, notices to report to prison. but the Bakers said they were told they could keep Woods says, “Our staff was fairly confi- the girl until she was grown. dent that the client’s concerns were not Circuit Judge Robert ‘’Butch’’ Childers terminated well-founded, but we asked David to talk the Hes’ parental rights after a 10-day trial last to him. David patiently relieved the spring. The case is currently being appealed and has client’s fears, helped him decipher his attracted the help of lawyers from Vanderbilt Uni- mail and is helping him recover his versity and the University of Memphis law clinics driver’s license.” and Chicago-based Loyola University, all of which G a l l ’s will in gne ss t o h elp cam e as a have asked to submit briefs in the high-profile case. surprise for LAET, according to Wo od s . Siegel’s law practice focuses on the areas of family “David was not recruited,” she says. “He and general law, as well as civil litigation. Gordon just signed up by mailing in the applica- Richard Gordon practices family law. tion on the back of a Pro Bono Project — Becky Rhodes brochure. I don’t even know where he got the brochure. And I have no idea what motivated him to volunteer. CASA Volunteer of the Year REGINA SAFFEL of Jackson was awarded the CASA Volunteer of the T h a t ’s what is confounding. He did not Year Award by the TBA Young Lawyers Division. Saffel has served as a Court join the Pro Bono Project as a result of Appointed Special Advocate in Madison County any of the typical things we do to seduce for seven years, specializing in serving medically new members.” fragile children in the foster system. As a retired Woods points out that a lawyer some- nurse, Saffel is able to use her medical experience times will volunteer for pro bono work to help judges, attorneys and family members because it offers a change of pace from understand complex medical issues. Her current the typical caseload, but, she says, “David caseload — which is indicative of her work — does not need Legal Aid’s help in that includes a prematurely born infant, a child with pursuit. He has spent the last 15 years multiple chronic illnesses and a mentally chal- representing poor people. Apparently, lenged teenager. Her dedication to the mission of David is simply what we all strive to be: a CASA and the children she is assigned has led the good lawyer who takes his professional juvenile court judge to specifically request Saffel's obligations seriously.” assistance on a number of cases. As one of the first Yet, Gall insists he hasn’t done any- volunteers sworn with the Madison County pro- thing earth-shattering. “I’ve helped people Regina Saffel gram, Saffel is an excellent resource for agency with small cases,” he says. “They’ve all staff and often serves as a mentor to fellow volun- been fairly small and pretty easy.” teers. Prior to retiring, Saffel worked as a registered nurse at Union University To attorneys who are considering pro in Jackson and served for seven years as the dean of the School of Nursing. In bono work, Gall offers this encourage- addition to serving as a CASA volunteer, Saffel sits on several community ment: “My experience with the bar here boards and volunteers at her church. in Knoxville is that there will be people — Stacey Shrader at your back. If you feel you’re getting in over your head, they’ll step in and

20 TENNESSEE BAR JOURNAL, FEBRUARY 2005 help you. You shouldn’t be concerned working on legal matters,” she says. “It’s are fairly cut and dry. Where is the that you are taking on more than you also caring about people and listening courtroom? What is the difference can handle.” and helping them when you can. They between civil and criminal law? Ques- d o n ’t all have the same options I have. tions like that.” The Public Service Award You know, I have friends with vehicles. Futter hopes to see more people enter BARBARA FUTTER was awarded I can borrow a truck, whereas maybe law school with the goal of practicing the Public Service Award. This award is the y can’t . ” public interest law. “I really hope that given to an attorney who has provided dedi- Futter has a strong background in more people will go to law school because cated and outstanding service while public interest law. While in law school, they believe that the law should be acces- employed by an organization that is prima- she clerked for the federal public defender sible to everyone. I hope they will go to rily engaged in providing legal representa- in Nashville and eventually moved back law school to provide services, whether it tion to the poor. to Nashville to became an attorney with be full- or part-time, for people who can’t the Metropolitan Davidson County afford it or are scared of it. ■ ■ ■ Public Defender’s Office. “It’s great to be able to help someone Later, she became executive director who is so intimidated by the process that Public interest law takes on a whole of Dismas House, a nonprofit organiza- would rather give in than go to court over new meaning when you’re talking to Bar- tion in Nashville that works to assist an issue,” she says. “It’s so rewarding bara Futter. It’s more like “personal inmates recently released from prison as when you can say to that person, ‘You’re interest” law to her. they transition back into the community. not giving up. I’m going to be with you. It doesn’t take long to realize that Now, at the Murfreesboro LAS office, I’ll ask you some questions and we’ll pre- F u t t e r, man a gi n g at t or n e y fo r t h e she serves low-income and elderly clients pare for it. I know you can do it.’ It’s great Murfreesboro office of the Legal Aid in Rutherford and Cannon counties. to see them begin to believe they can get Society of Middle Tennessee and the “One of the things I like in particular through it.” Cumberlands (LAS), goes far beyond the about legal aid is that every day is dif- call of duty by taking a personal and not ferent. Murfreesboro is a small community The Law Student just a professional interest in her clients. and we may help one client over a period Volunteer Award In his nomination of Futter, John of years. You may help him with one thing JOSEPH N. WILLIAMS is this year’s Blankenship of Blankenship & Blanken- and then three years later he’s back and Law Student Volunteer Award winner. This ship in Murfreesboro, says “it wouldn’t do needs your help again. I like that part — award recognizes Tennessee law school stu- justice to the sort of individual and advo- getting to know clients and assisting dents who have provided outstanding volun- cate she is” to merely list the types of them,” she says. “You get involved with teer services while working with an cases she handles. He tells the story of helping people help themselves.” organization that provides legal representa- how Futter helped a disabled couple who Futter says it takes a special type of tion to the indigent. were being evicted from public housing person to do legal aid — “someone who is because of an overcrowding problem. compassionate, community-minded and ■ ■ ■ “Barbara donned jeans, borrowed a someone who feels very strongly that the friend’s truck and physically moved items law should be accessible to everyone.” R - E - S - P - E - C - T. Joe Williams found from the home in an attempt to prevent In the spirit of bringing that accessi- out recently what it means to the practice the eviction, because these people had bility to even more people, Futter has of law. nowhere else to go.” been involved in a project suggested by He says it’s the most important thing In other situations, she has picked Judge Don Ash to develop self-help he learned while volunteering for the up groceries and other needed items for kiosks to be located in the courthouse Legal Aid Society of Middle Tennessee clients and visited them in the hospital. and other public outlets in Rutherford and the Cumberlands (LAS) during the “ B a r b a r a ’s co n cer n fo r ot h er s can b e and Cannon counties. The touchscreen summer of 2004. seen beyond her clients,” he says. “It’s computer terminals will be physically “The one thing I learned is it’s very clear in everything she does.” Up until housed in old voting booths that the important in the practice of law to treat several months ago, she volunteered to county can no longer use in elections. every client with the utmost respect no lead a support group one night a week They are designed to give people matter how big or small their problem is, at the Tennessee Department of Cor- answers to their questions about the because it’s a pressing issue to that client,” rections, where she served as a coun- l a w. “They’re not meant to take the he says. selor to inmates. placeoflegaladvice,”shesays.“They According to Lucinda Smith, director Her motivation to help people in this have more of a question-and-answer of the Nashville Pro Bono Program, way comes from the heart. “It’s not just format dealing with factual items that (Continued on page 24)

TENNESSEE BAR JOURNAL, FEBRUARY 2005 21 A R T I C L E

When Less Legal Service May Mean More Access to Justice Limited Scope Representation for Self-Represented Litigants

By Carl A. Pierce

oo many Tennesseans are being serious problems for our trial judges, clients by offering limited as well as full- denied equal access to justice because court clerks, the lawyers for other parties service representation. And maybe it T they cannot afford to hire a lawyer to who must deal with the self-represented would be easier to recruit lawyer volun- represent them in court proceedings. 1 litigants, and for the many self-repre- teers to assist self-represented litigants if They include many of Te n n e s s e e ’s sented litigants who cannot effectively they knew they could limit the scope of poorest citizens, only a small portion of represent themselves without at least their client’s representation. Thus, the whom can be served by the dedicated and some assistance from a lawyer. In Working Group is actively considering hardworking attorneys employed by our response to this problem, then, the the promotion of “lawyer-assisted self-rep- federal, state and charitably funded legal Administrative Office of the Courts of resentation” as one of several alternatives service programs and those Te n n e s s e e the Tennessee Supreme Court has con- to the status quo in which the only choice attorneys who volunteer their time and vened a Working Group on Self-Repre- for many Tennesseans is to go it alone. talent to represent those unable to pay. It sented Litigants to explore various ways The idea of a lawyer limiting the scope is not only Te n n e s s e e ’s poorest, however, in which Tennessee might provide more of a client’s representation is not new. who cannot afford the fees Te n n e s s e e assistance to its self-represented litigants. Nor is the more specific idea of a lawyer lawyers reasonably charge for their serv- I d e a l l y, of c ourse , e ach Te n n e s s e a n providing limited assistance to an other- ices. Many citizens with limited means would be represented by a lawyer who wise self-represented litigant. It is, how- who are not eligible for representation by would provide the full range of services ever, an idea that has not yet taken hold a legal service organization are equally lawyers typically provide to a litigant, but, in Tennessee. But it may be an idea whose unable to afford a lawyer. Yet such persons s a d l y, it is unrealistic to expect any sub- time has come and may even be overdue. of limited means may have the same need stantial change in the capacity of our legal As a starter, then, let’s consider some for legal representation as their more service programs and lawyer volunteers to basic questions about limited scope repre- affluent neighbors, particularly in civil provide full-service legal representation to sentation as a means for providing legal matters involving their marriages, their the many Tennesseans who cannot afford assistance to Tennessee’s growing number children, their homes, their jobs, and the fees typically charged by lawyers for a of self-represented litigants. their consumer purchases. full-service representation. Faced with a legal problem and unable What is limited scope to pay for or otherwise secure the services Unbundling introduced representation? of a lawyer, these Tennesseans either do It is this reality that prompted the First, what is limited scope representa- nothing — effectively losing their rights Working Group to begin exploring the tion as it relates to self-represented liti- under Tennessee law — or seek to repre- idea that a less-than-full-service represen- gants? As defined in the very useful sent themselves, sometimes adequately tation — also known as a limited scope Handbook on Limited Scope Legal Assis- but more typically so that neither they representation, a discrete task representa- tance, published by the American Bar nor the administration of justice is well- tion, or an “unbundled” representation — Association’s Section of Litigation, these served. These self-represented litigants by a lawyer might be better than none, terms refer to situations in which a client — the vast majority of whom represent would be more affordable, and perhaps hires an attorney to assist with specific themselves only because they cannot would even be affordable to many of those elements of a matter such as legal advice, afford a lawyer — are flooding Te n- currently unable to afford a full-service document preparation (or review) and/or n e s s e e ’s civil trial courts. This is creating representation. Similarly, legal services limited appearances. The client and attorneys might be able to serve more (Continued on page 23)

22 TENNESSEE BAR JOURNAL, FEBRUARY 2005 (Continued from page 22) is reasonable under the circumstances and the reasonableness of the limited repre- attorney agree on discrete tasks to be per- the client gives consent, preferably in sentation, taking into account the client’s formed for a particular fee or pro bono. writing, after consultation.” capacity to understand the procedures, Depending on the nature of the attorney’s The idea that a representation might the complexity of the matter(s) involved, involvement, the attorney may or may be limited so that the client can afford and other factors, including that the fact not enter an appearance with the court. the lawyer’s assistance is suggested by the that a refusal to provide a limited repre- The client represents him/herself in other observation in Comment [7] that “agree- sentation would leave the self-repre- aspects of the case.2 ments limiting the scope of a representa- sented litigant who is unable to afford a Consider also the following explana- tion may preclude the lawyer from taking lawyer without any help at all. Having tion of “unbundling” that can be used to actions the client thinks are too costly. ” determined that the limited representa- explain the idea to a prospective self-rep- That a lawyer might provide a limited tion would be reasonable under the cir- resented litigant: scope representation to a self-represented cumstances, the lawyer consults with the Unbundling is a way that an attorney litigant is suggested by Comment [8]’s client and obtains the client’s consent to can help you with part of your case while observation that it would be reasonable their payment by CLC, as required by you do part of it yourself. For example: for a lawyer and client to agree that the RPC 1.8(f), and to the limited nature of • you can consult with an attorney to l a w y e r ’s representation would be limited the representation, as required by Rule prepare or review your paperwork, but to a brief telephone consultation if “the 1.2(c). Although not required by the attend the hearing yourself; c l i e n t ’s objective is limited to securing rules, the lawyers secure their clients’ • you can represent yourself through general information about the law the consents in writing. The consultation the whole case, and periodically con- client needs in order to handle a about the limited nature of the represen- sult with an attorney who can coach common and typically uncomplicated tation includes a warning about the risks you on the law, procedures and legal problem.” All that would be neces- of the client proceeding pro se, even with strategy; sary was that the time allotted to the the lawyer’s limited advice. The services consultation be sufficient to yield advice to be provided typically include advice • you can do the preparation yourself upon which the client could rely. Impor- about court requirements and assistance and hire the attorney just to make the t a n t l y, the Comment then adds that with the preparation of documents for court appearance for you; “[a]lthough an agreement does not filing with the court, such as a divorce • you may want to do your own inves- exempt a lawyer from the duty to provide complaint, summons, application for pro- tigation of the facts (“discovery”) and competent representation, the limitation tective order, property settlement agree- ask the attorney to assist you in put- is a factor to be considered when deter- ment or decree, and/or a parenting plan. ting the information in a format mining the legal knowledge, skill, thor- The client is informed that the lawyers which is useful for the court; oughness, and preparation reasonably will not represent the client on a contin- • you may ask the attorney to be on necessary for the representation.” uing basis and that the lawyer’s represen- “standby” while you attend the settle- The key issue, then, is whether a lim- tation concludes when the consultation ment conference yourself.3 ited scope representation is “reasonable ends. Equipped with the lawyer’s limited under the circumstances.” Further guid- advice and completed forms, the client There are as many ways in which a ance about this issue has been provided then carries on pro se. lawyer and a client can structure a limited to the Community Legal Center in The Informal Advisory Opinion basi- scope representation in support of the Memphis by the Office of Disciplinary cally puts a stamp of approval on the pro- client’s self-representation as there are a Counsel in an Informal Advisory posed activities of the CLC pro se clinic. variety of tasks that need to be performed Opinion that is quite helpful and encour- Although noting that whether a limited in a full-service representation or an aging, although, of course, it is “not for representation is reasonable under the unassisted self-representation. Checklists publication” and “not binding on the circumstances depends on the facts, and are available or can be developed for use Court, the Board, or the Ethics Com- that the issue is whether the lawyer can by lawyers and clients in apportioning mittee” and “offers no security. ”5 provide reasonably competent represen- tasks between them.4 The CLC’s request for advice related tation despite the limitation on the serv- to the provision of limited legal services ices to be provided, the opinion permits Is it okay to do? in domestic relations matters by two the lawyer to resolve this question by ref- Second, are lawyers allowed by the lawyers who are paid modest sums by the erence to whether the client (and the Rules of Professional Conduct to provide a CLC to provide such services to persons court) “will be in a better position with limited scope representation? The starting who are representing themselves because limited services than with no services.” It point for answering this question is RPC they are unable to afford a lawyer. The is hard to imagine a situation in which a 1.2(c) as took effect March 1, 2003. It pro- lawyers are available on a part-time basis person would be better off with nothing vides that “[a] lawyer may limit the scope at a “pro se clinic” located in the Shelby rather than something, even if the some- of a client’s representation if the limitation County Courthouse. The lawyers assess (Continued on page 28)

TENNESSEE BAR JOURNAL, FEBRUARY 2005 23 Award winners (Continued from page 21)

Williams went beyond treating LAS the Sixth Circuit Court of Appeals. The stated, and is helping take the case one clients with respect; he helped them case was related to the Individuals with step further by trying to get the Social overcome obstacles, too. Disabilities Education Act. Security Administration to revise its “Joe was willing to drive to all points Regarding his decision to intern with interpretation of the statute involved. of Davidson County to meet with dis- LAS, he says, “As a third-year law stu- “Without Joe’s assistance, this challenge abled persons who had difficulty coming dent, school is no longer as time-con- likely would not be made,” Smith says. to the office — both clients and wit- suming. I had some free time, and I Williams has enjoyed the learning nesses — and to take time to accom- thought there was no better way to spend aspect of working on this particular case. pany them on errands which would it than to help out.” “It’s been a whole lot of fun, because it have been difficult for them to accom- Williams particularly enjoyed was pretty cutting-edge stuff we were plish on their own.” working on the case of a destitute, dis- working on.” Williams, a third-year law student at abled person whose social security bene- He continued working about eight Vanderbilt University, says it is important fits had been suspended because the hours a week for LAS after school went to go the extra mile for people. Social Security Administration deemed back into session in the fall, because he “I think when you are attempting to him a “fleeing felon.” wanted didn’t want to leave the case in help others with a legal problem or other- The client had a bad check in the middle. It’s ongoing, so he still may wise, it’s important to empathize with them Savannah, Georgia, but had been extra- not be here to see the end result in in every area of their life so that you can dited to Tennessee to face similar charges person. He graduates in May and will go best understand how to help them. The before the Georgia case could be back to his home state of Indiana to work legal problem they bring to you may be just resolved. He served a two-year prison with a five-person law firm in Logansport. the first thing on a whole laundry list of sentence in Tennessee, but upon his He takes with him his experience with problems they are dealing with,” he says. release, Georgia declined to have him LAS and the desire to continue doing pro Williams worked on a variety of cases returned. This meant there was still an bono work. with LAS, including social security and outstanding warrant for his arrest on the “I hope to one day be involved in TennCare cases. books in Georgia. public interest law again,” he says. He first got involved with LAS on The Social Security Administration the advice of Alex Hurder, associate classifies a person as a “fleeing felon” Julie Swearingen is a freelance writer pr of ess or of cl in ic al la w at t h e Va n d e r - even if they have done nothing to avoid living in Springfield, Tenn. She is a former director of communications for b i l t L e g a l C l i n i c , w h e r e Wi l l i a m s arrest, as in the case of LAS’ client. the Tennessee Bar Association. worked on the preparation of a brief Williams worked with LAS staff attor- that was argued recently by Hurder in neys to get this individual’s benefits rein-

24 TENNESSEE BAR JOURNAL, FEBRUARY 2005 What’s new at Te n nB a rU ?

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‘Equal Justice Under Law’ Doesn’t Mean Only if You Can Afford it

By Frank F.Drowota III Chief Justice, Tennessee Supreme Court

he phrase “equal justice under law” willingness — to donate some of your time attorneys spent on average 33 hours per is inscribed over the doors of court- and expertise to those who could not oth- attorney in pro bono activity. However, T houses throughout the country and erwise afford it. given that more than half of Maryland’s throughout Tennessee. “Equal justice Participation in pro bono by Te n- attorneys did nothing, in reality the 48 under law” means that these doors are nessee attorneys could be stronger. percent who participated averaged much open to all, regardless of status, and that According to Becky Rhodes, access to more than 33 hours of service. This dis- the eyes of the law look impartially upon justice coordinator of the Tennessee Bar parity highlights the common fact that, those who pass through them. “Equal jus- Association, statewide participation of when it comes to pro bono, a small tice under law” epitomizes the very foun- Tennessee attorneys in pro bono activi- number of attorneys are doing most of the dation of our legal system. ties ranges from approximately 5 to 10 service. For example, partners in larger As attorneys, we serve as officers and percent in some areas of the state to 25 firms often consider pro bono to be some- gatekeepers at the doors of the courts. to 30 percent in other areas. Contrast thing to delegate to the associates. This That is to say, our knowledgeable and these participation rates with those of should not be the case. The better way is skillful representation of clients is essential Maryland, one of only three states that active participation by all. Te n n e s s e e to the proper functioning of our legal require all attorneys to report their level Rules of Professional Conduct Rule 6.1 system. Those persons who lack the ben- of pro bono activity. The other states states that a “lawyer should render pro efit of legal counsel are typically at a dis- with mandatory reporting are Florida bono publico legal services.”2 advantage to those who enjoy this benefit. and Nevada. I encourage each attorney in Ten- And as we all know, the benefit of counsel ( To be clear, Maryland makes the nessee to make the Tennessee Bar Associ- comes at a price. Ours is a paying profes- reporting of pro bono activity mandatory, ation’s Access to Justice Honor Roll by sion by which attorneys strive — just like but does not make participation itself serving at the very least one pro bono their clients — to make a living. We also mandatory.) In 2002, 48 percent of Mary- client each year. know that many, many persons are unable l a n d ’s approximately 30,000 attorneys Of course, particularly for small firms to afford legal services. reported some level of pro bono activity.1 and sole practitioners, making a place in As a result, attorneys shoulder a special It is estimated that in 2002 Maryland the schedule for pro bono clients can be r e s p o n s i b i l i t y. I t is ou r re s po ns ibil ity to attorneys donated over $150 million especially problematic. Donating money keep the doors to the courthouse open worth of legal services to persons of lim- to legal aid societies is another way that even to those who cannot afford to pay for ited financial means. attorneys can help. In this regard, larger counsel. For the phrase “equal justice Compared to many states — Te n- law firms may consider funding a part- under law” to be fully meaningful, it must nessee included — 48 percent is a high time or full-time pro bono coordinator for comprise those persons who lack the l eve l o f p ar ti cip at io n . F or Te n n e s s e e the firm who not only could represent financial resources to afford counsel. Oth- attorneys, a participation rate of one in low-income clients, but also could erwise “equal justice under law” will mean 10 or even three in 10 is too low. We can manage the pro bono activities of other in effect “equal justice under law for those do more, we should do more. After all, attorneys in the firm. with incomes over the poverty level.” Tennessee is the Volunteer State. Funding for legal aid remains a chal- What a poor definition of justice! The The Maryland statistics are also lenge. In the civil arena, according to the very meaning of justice, then, depends in instructive concerning the imbalance of Tennessee Bar Association Access to Jus- part upon our willingness — upon your participation. In 2002, Maryland’s 30,000 tice Committee, there is only one legal

26 TENNESSEE BAR JOURNAL, FEBRUARY 2005 TBJ’s pro bono coverage heated aid attorney for every 10,000 low-income inscribed over the doors of courthouses Tennesseans. By comparison, there is one throughout the country and throughout up in ’89 private attorney for every 500 citizens in Tennessee. But as we have discussed, for the state. Studies show that approxi- “equal justice under law” to be truly and he indexed archives mately one-half of all low-income per- fully “equal,” legal counsel must be made Tof the Tennessee Bar sons will require aid in some civil legal available to those who could not other- Journal don’t show any- matter each year. wise afford it. The meaning of “equal jus- thing for “pro bono” or Nevertheless, in addition to con- tice under law” is thus necessarily “access to justice” until tributing funds to legal aid, the best way complemented by another phrase, “pro 1989 when Don Paine remains active involvement in pro bono bono publico,” which means “for the gave tips on what dis- by all attorneys, whether sole practi- public good.” covery tools were avail- tioners or partners in large firms. On The phrase “pro bono publico” may able when representing a client pro bono. behalf of the Tennessee Supreme Court, I not be inscribed over the courthouse Then, in 1991, two TBA presidents challenge you to find a way to participate. doors; “pro bono” is not written in marble addressed pro bono in their columns. Ron By way of realizing greater participation, I or in stone. Rather, the phrase “pro bono” Gilman wrote about a trend in three recommend that every law firm in Ten- is displayed in our service on behalf of states toward mandatory pro bono he nessee adopt a formal, written pro bono those who cannot otherwise afford legal learned of at an American Bar Associa- policy. As a helpful starting point, the counsel. When you walk through the tion meeting, and warned against that Tennessee Bar Association Access to Jus- courthouse doors with a pro bono client, possibility. Tom Binkley wrote about the tice Committee has developed a model the words “pro bono” are spelled out for survey that had been recently done by the pro bono policy statement.3 all to see. Only then do the chiseled words Tennessee Association of Legal Services There are many ways to contribute to “equal justice under law” mean everything — much like the one reported on in this access to justice in addition to repre- they can and should mean. issue of the Journal — that said 36 percent of low-income Tennessee households senting clients in court. Programs range Notes from Volunteer Income Tax Assistance, said they had a civil legal problem within 1. The Maryland statistics are derived wherein attorneys assist low-income tax- that year. “Two-thirds of those people had from Administrative Office of the Courts of payers in filling out their federal income no legal help whatsover,” he wrote. Maryland, Current Status of Pro Bono Ser- tax forms, to helping to educate low- In 1992 the Journal told the stories of vice Among Maryland Lawyers, Year 2002 income persons about their legal rights in the TBA’s first Access to Justice Aw a r d (Oct. 20, 2003), available at a variety of areas. Providing legal services winners and has been doing so every year www.courts.state.md.us/probono/index.html. at a reduced or pro-rated fee is another since. In 1995, President Harris Gilbert 2. Tennessee Supreme Court Rule 8, Rule important way that attorneys can increase urged members to save the Legal Services of Professional Conduct 6.1 (2004). access to justice by persons of limited Corporation — it wasn’t long after that 3. The model policy is available at means. The Tennessee Bar Association the TBA’s pro bono award was named w w w. t b a . o r g / c o m m i t t e e s / A c c t o J u s / Access to Justice Committee and local after him. Nearly every president since has p r o b o n o . h t m l . legal aid societies can assist you in finding also urged lawyers to do pro bono work. ways to participate. I encourage you to This articles is adapted from a speech Binkley wrote in September 1991 that gain insight by talking with members of delivered on Nov. 4, 2004, at a luncheon he had handled five pro bono cases that these organizations. Our means of partici- sponsored by the Legal Aid Society of year — he wasn’t being a saint about it: pating in pro bono service are limited only Middle Tennessee and the Cumberlands and “I know, as you know, that the time you by our imagination. the Tennessee Bar Association Access to spend doing pro bono work will take away The phrase “equal justice under law” is Justice Committee. from time for which you could be billing,” Binkley wrote. “However, the difference you can make in someone’s life may have a bigger impact than you will ever know. I personally participate in pro bono because Chief Justice Frank F. Drowota III was elected to I believe I owe it to my profession and the the Tennessee Supreme Court in 1980. He served c o m m u n i t y. I trust you feel the sam e.” as chief justice from January 1989 to September That year, the TBA formed its Pro 1990, and was re-elected chief justice in 2001. He served as a Chancery Court trial judge 1970 Bono Committee to “evaluate the pro t h rough 1974; was on the Court of Appeals 1974 bono situation in Tennessee.” Binkley died t h rough 1980, and was president of the Te n n e s s e e in 2000 but his words are as timely tod a y Drowota Judicial Conference 1979-80. He earned his bach- as they were 14 years ago. e l o r ’s (1960) and law degrees from Vanderbilt Uni- v e rsity (1965). — Suzanne Craig Robertson

TENNESSEE BAR JOURNAL, FEBRUARY 2005 27 Less Legal Service May Mean More Access to Justice (Continued from page 23) thing was less than everything. Tu r n i n g The opinion helpfully addressed two ABA Model Rule 6.5 should be added to the required assessment of the client’s other issues. First, it held that on the to the Tennessee Rules. capacity to comprehend the matter — facts presented the two lawyers who The opinion also clarifies that in order e.g., the elements of a parenting plan staffed the pro se clinic were not associ- to avoid misleading the court, it is suffi- form — and the complexity of the matter ated with each other in a law firm for cient if a document prepared by the — e.g., a “routine” as opposed to peculiar purposes of the imputation of conflicts lawyer for a self-representing person or more complicated parenting plan — of interest between them and also that states that the document was prepared the opinion blesses limited legal assis- they were not associated with the CLC with the attorney’s assistance without an tance with respect to the preparation of a so that conflicts of CLC attorneys intention to become counsel of record in routine parenting plan. In such circum- would be imputed to them and vice the matter. This is consistent with deci- stances the limited assistance is regarded versa. This is consistent with the ABA’s sions in other jurisdictions and makes not only as reasonable, but also as bene- new Model Rule 6.5 that relaxes the good sense. ficial to both the self-represented litigant conflict of interest rules as applied to a This opinion marks a propitious first and the court. Finally, although l a w y e r, like those who staffed the CLC step in Tennessee toward the acceptance unwilling to establish a presumption that pro se clinic, who provides short-term of limited scope representation as one of the provision of limited scope represen- limited legal services to a client under the tools lawyers can use to expand access tation in programs like the pro se clinic the auspices of a program sponsored by a to justice for persons of limited means sponsored by CLC is reasonable, the nonprofit organization or court and who cannot afford full-service representa- opinion notes that all lawyers are pre- without expectation by either the tion but who can better seek justice on sumed to act reasonably in the conduct lawyer or client that the lawyer will pro- their own with some limited assistance of their business, and, more particularly, vide continuing representation in the provided by a lawyer either on a pro bono that “given that these services are ren- m a t t e r. T h e Wo rk in g G ro up ex pe ct s t o basis or for a reduced fee that the client is dered pro bono it is unlikely that an consult with the TBA Standing Com- able to afford. arguable case of reasonableness would be mittee on Ethics and Professional The Advisory Ethics opinion is con- questioned or sanctioned.” Responsibility as to whether a rule like (Continued on page 41)

28 TENNESSEE BAR JOURNAL, FEBRUARY 2005 Understanding the unrepresented (Continued from page 16) work. It will help people meaningfully par- 4. There was no statistical relationship 6. The other categories are reported at ticipate in the system, rather than be vic- found between the number of legal problems pages 3 and 4 of the Executive Summary. timized by it. It will foster and instill reported by Extremely Low-Income House- heightened faith, trust, and commitment holds as opposed to Low Income Households. to our justice system and nation. 5. I thank my friend Doug Blaze for his insights regarding this and other matters. Notes 1. Critically, in order to be called a person had to have a land-lined phone. Conse- quently, the homeless and people with only cell phones were not called. One might conclude that in order to have a land-lined phone a person had to have a home or apartment. Thomas C. Galligan Jr. is dean and Elvin E. Consequently, one might intuitively conclude Overton Professor of Law, University of Tennessee that those called were not as poor as others College of Law and chair of the TALS Strategic who could not be called at all. Planning Committee. Many thanks to Doug Blaze, 2. For purposes of the survey SWORPS dis- Jim Deming and Jackie Dixon for reviewing a draft tinguished the Extremely Low-Income House- of this article and making it better than it otherwise hold (at or below 62.5 percent of the poverty would have been. The data included in this article guidelines) from the Low Income Household comes from the Statewide Comprehensive Legal (income above 62.5 percent of the poverty Galligan Needs Surv ey for 2003. The author has not guidelines but below 125 percent). included pointed citations to the survey or to the Executive Summary: 3. Each of the providers who receive LSC Highlighted Findings from the Statewide Comprehensive Legal Needs funding also retained SWORPS to do regional Survey for 2003 but heavily relied on both. Copies of both are available studies, the results of which will be studied on the TALS web site at www.tals.org. and shared by the providers.

TENNESSEE BAR JOURNAL, FEBRUARY 2005 29 A R T I C L E

Migrant Farmworkers’ Labor Rights Protected by Southern Migrant Legal Services

By Jennifer J. Rosenbaum

n his acceptance speech upon being fruits, and vegetables — generates around the consumer has increased with infla- awarded the Robert F. Kennedy $2 billion annually in farm cash receipts. tion, the average piece rate for red tomato I human rights award for his work Farmworkers, who are predominantly pickers is still 72 cents per 5/8 bushel fighting human rights violations at great Hispanic, include local residents, U.S. basket, a wage that has barely risen for 20 personal risk, former farmworker Lucas workers who migrate from Texas and years. This means that a farmworker has Benitez explained working conditions for Florida during harvest season, and foreign to pick over 40 bushels a day to make those harvesting: “The right to a just nationals employed using various federal minimum wage. Because of inflation, the wage, the right to work free of forced guestworker programs. fact that the piece rate has remained the labor, the right to organize … are rou- A recent survey of farmworkers con- same for 20 years means that farmworkers tinely violated when it comes to farm- ducted by the U.S. Department of Labor and their families can buy 30 percent less workers in the United States.”1 paints the following portrait of a farm- with the same wages. Southern Migrant Legal Services w o r k e r. 2 He is 29 years old, married, and (SMLS), a Project of Texas RioGrande has a sixth-grade education. His primary NLRB doesn t apply Legal Aid, is now in its fourth year of rep- language is Spanish. In the past decade, Despite the fact that farm work is resenting farmworkers across the South- the median income of an individual farm- often dangerous and under- c o m p e n s a t e d , east in litigation to vindicate the rights worker has remained less than $7,500 per many types of farmworkers are exempt described by Benítez. SMLS opened in year and $10,500 per year for his family. from state and federal worker protection Nashville in 2001 to expand access to At the same time that his relative poverty laws including the National Labor Rela- legal services to migrant farmworkers, a has increased, his use of social services has tions Act and state workers’ compensa- group often isolated geographically, lin- declined. Although his work as a farm- tion statutes. Farmworkers’ legal claims g u i s t i c a l l y, and culturally from the private worker is by nature contingent, only 20 typically arise under the Fair Labor Stan- bar and other legal services programs. percent of farmworkers receive unemploy- dards Act (FLSA), 29 U.S.C §§ 201 et S M L S ’s bilingual staff provides free ment benefits, only 10 percent receive seq., the federal minimum wage and employment-related legal services to indi- benefits under Medicaid, and only 13 per- overtime law, and the Migrant and Sea- gent migrant farmworkers in six southern cent receive food stamps. Just 5 percent of sonal Agricultural Worker Protection states: Alabama, Arkansas, Kentucky, farmworkers received employer- p r o v i d e d Act (AW PA), 29 U.S.C. §§ 1801 et seq. L ou isi an a, M is sis sip pi an d Te n n e s s e e . health insurance. Less than half owned a G e n e r a l l y, t h e F L S A re q u ir e s t h a t Funding is provided through the Legal vehicle, which means that farmworkers workers be paid the federal minimum Services Corporation, a private, non- depend on employers, contractors and co- wage of $5.15 per hour, even if they work profit corporation established by Congress workers for transportation to work. Only on a piece rate. While field workers are to ensure that the poor have equal access 14 percent own a home in the United exempt from overtime, some farm- to justice. States. Both of these percentages are workers employed in packing sheds and Farmworkers represent a sizable popu- lower than in 1994-1995, a sign not only processing plants do qualify for overtime. lation of low-wage workers in the South- that many farmworkers live in poverty, The AW PA governs relationships among east. In Tennessee, for example, 44 but also that the real value of their wages agricultural employers, and labor percent of the state’s land is farmed, and is declining. For example, the price of recruiters, and farmworkers, including agricultural production — including tomatoes shows how the value of farm- recruitment, payment of wages, housing, poultry processing, nursery and floricul- worker wages has declined over the last 20 and transportation. For instance, in order ture products, soybeans, cotton, tobacco, years. Although the price of tomatoes to to deter labor recruiters from taking

30 TENNESSEE BAR JOURNAL, FEBRUARY 2005 advantage of vulnerable employees by eign guestworkers pursuant to a specific tions, unemployment insurance and means of providing misleading informa- contract of employment. These tempo- employment discrimination. tion at recruitment, the AW PA requires rary guestworkers are allowed into the “As lawyers, we feel honored to be that farm labor contractors be registered United States on a temporary work visa able to represent workers who face with the U.S. Department of Labor and to work only for the agricultural extraordinary obstacles in accessing the that agricultural employers who use such employer who imports them, and they American justice system,” says Douglas L. contractors check to ensure that such must return to their home country when Stevick, managing attorney of SMLS, contractors are properly licensed. The their term of employment ends or is ter- “consistent with our mandate from the AW PA also requires that an agricultural minated. Meanwhile, an employer is Legal Services Corporation to work to employer who provides housing to his required to accept U.S. workers who ensure that linguistic, cultural, and geo- workersmusthavethathousingapply for these positions until the graphic barriers do not deter the poor inspected by the government before it is halfway point of the contract. To protect from standing up for their rights.” occupied by employees, to ensure that it the rights of American workers, SMLS meets state and federal health and safety has represented U.S. workers who allege Notes standards. And because unsafe vehicles that employers denied them these jobs 1. Lucas Benítez, Coalition of Immokalee have all too often endangered the lives because the employers unlawfully pre- Workers, Address upon acceptance of the RFK Human Rights Award (Nov. 20, 2003). and health of farmworkers, the AW PA ferred a foreign workforce. To protect Full text of the speech is available at requires that agricultural employers and against mistreatment of the H-2A h t t p : / / w w w. o x f a m a m e r i c a . o r g / n e w s a n d p u b l i- contractors who transport farmworkers workers, SMLS has also represented c a t i o n s / n e w s _ u p d a t e s / a r t 6 7 6 9 . h t m l ensure the vehicles meet federal safety guestworkers who did not receive the 2. This report is based on data from the standards and that the vehicles are benefits of the contract as promised. National Agricultural Workers Survey in appropriately insured. SMLS has also litigated cases 1997–1998. It may be reviewed in its entirety SMLS also represents U.S. and for- involving human trafficking, pesticide at http://www.dol.gov/asp/programs/ eign workers who seek employment for exposure, migrant housing, labor rela- agworker/report_8.pdf. jobs filled through the H-2A temporary agricultural guestworker program. If an employer so applies, and the U.S. Jennifer J. Rosenbaum, an attorney with Southern Migrant Legal Services, Department of Labor certifies that there a Project of Texas RioGrande Legal Aid, has received a Skadden Fellowship are no U.S. workers available for his to represent indigent migrant farmworkers across Tennessee in their labor temporary positions, he may bring in for- and employment disputes. She is 2002 graduate of Harvard Law School.

TENNESSEE BAR JOURNAL, FEBRUARY 2005 31 A R T I C L E

Help May Be on the Way for Self-Represented litigants

By Elizabeth A. Sykes and Sue Allison

elf-represented litigants — many issues for judges, lawyers and clerks. “All of the grantees are assisting people with limited resources — who turn Members of the bar are an integral who cannot afford to hire an attorney and S to the Internet to purchase do-it- part of the work group, Clark said, and who need help with family law issues,” yourself legal forms often learn when they also are involved in providing pro se Clark said. “In awarding the grants, we arrive at the courthouse that they were assistance through programs across the have tried to do a variety of things duped or misled. What they may discover state. In 2003 and 2004, the AOC , because we want to see what works.” is that the forms they bought are using grant funds, awarded a total of At a recent judicial conference, a pro absolutely useless in Tennessee courts, $615,000 to Tennessee organizations, se panel discussion was convened that said Connie Clark, administrative agencies and services based on their included Linda Warren Seely with We s t director for the Administrative Office of written proposals. The money is ear- Tennessee Legal Services, Chancellor the Courts. marked to help Tennesseans with family RichardLaddofthe2ndJudicialDis- “Judges, court clerks and lawyers law legal issues, but without resources to trict; and Circuit Court Judge Neil across the state are having to break the hire private legal counsel. Thomas of the 11th Judicial District and news to increasing numbers of litigants The 2003 grantees were Community the AOC ’s Elizabeth A. Sykes. Judges that the forms, sometimes costing hun- Legal Center in Memphis; Community from across Tennessee attended the ses- dreds of dollars, will not accomplish Mediation Services in Anderson County; sion for an update on pro se initiatives what they were promised or led to Legal Aid of East Tennessee; the Mem- and programs. believe,” she said. “That growing phis Bar Association; Southeast Legal Ladd said he has been impressed with problem was part of the impetus for a pro Services in Hamilton County; Sumner the services being provided to pro se liti- se summit hosted by the AOC and our County Juvenile Court; Legal Aid gants by Legal Aid of Upper East Ten- subsequent efforts to reasonably assist Society of Middle Tennessee and the nessee in the region where he holds court. self represented court users.” Cumberlands; Mediation Services of “People who qualify and cannot afford a Following the 2003 summit, attended Putnam County; and Weakley County lawyer can come in and have a session and by judges, court clerks, lawyers and others Juvenile Court. get the family law forms they need,” he said. interested in the legal system and those In 2004, funds for services to self-rep- “They are doing an excellent job. When who use it without benefit of legal resented parents with access and visita- people come into court, they are prepared. counsel, a Work Group on Self Repre- tion issues were awarded to Community I t ’s just a very excellent program.” sented Litigants was created. (See related Legal Center in Memphis; Anderson Services being provided across the story, page 22.) Co-chaired by Circuit County Juvenile Court Community state also include family law self help cen- Court Judge Jacqueline Schulten of the Mediation Services; Legal Aid of East ters; pro se clinics, free explanatory mate- 11th Judicial District and Professor Carl Tennessee; Legal Aid Society of Middle rials, mediation in custody and visitation Pierce of the University of Tennessee Col- Tennessee; Mediation Services of cases; filing assistance; and free attorney lege of Law, the group is focusing on Putnam County; the; Weakley County consultations. The help is offered by bar family law issues. Four sub-groups were Juvenile Court; Oasis Center of groups, legal aid organizations and others formed to work on the development of Davidson County; Decatur County Juve- committed to opening the courthouse uniform family law forms; pilot projects; nile Court; and Mediation Center in doors to all Tennesseans. education concerning the need for pro se Maury County, serving Maury County “The AOC grantees are using their assistance; and pro se-related ethical Juvenile Court. funds to make the court system accessible

32 TENNESSEE BAR JOURNAL, FEBRUARY 2005 to those who may have felt locked out pared a one-page form which is given to because they have limited resources,” pro se litigants filing for absolute divorce.” Clark said. “We are off to a good start, but The court system also has resources for will continue to look at programs in other self-represented litigants on its web site at states and other options for providing the w w w.tsc.state.tn.us. A “Self Help” section help they need.” includes links to agencies; legal forms; Seely, a member of the AOC Work multi-lingual videos on basic rights, the Group on Self-Represented Litigants, rights of parents in abuse and neglect cases told judges at the Judicial Conference and how to obtain orders of protection; and that a survey of court clerks was one of informational publications. The court the steps taken to determine how addi- system web site is updated on a regular basis tional assistance might be provided. with new material helpful to pro se litigants Clerks who responded said the biggest and others. need is court-approved uniform forms. They also recommended easily under- standable instructions and brochures for pro se litigants; additional resources such Elizabeth A. Sykes is the deputy as a toll-free telephone number; informa- director of the Administrative Office of tion and forms on a web site; and a the Courts. She is a graduate of Austin requirement that attorneys provide assis- Peay State University and the Univer- tance with pro se cases. sity of Memphis School of Law. Thomas cited a first-hand example of the need, a Hancock County pro se liti- Sue Allison is the public information gant who appeared before him with use- o ff i c er fo r th e Ten n es s ee Ju d i c i a l less forms he had purchased. System. “We don’t have the time to deal with unapproved forms,” he said. “If it does not result in a valid divorce and there’s a remarriage, then, on top of everything else, you’ve got bigamy.” He said judges, attorneys and clerks should ask litigants where they got invalid forms and report the sellers to the Office of the Attorney General. The problem of invalid forms is a growing one, the panel said. For example, doing a search for “legal forms” on the Google search engine p r oduces 1,260,000 results. “What we need to do is come up with a mechanism where we don’t wind up with a disaster,” Thomas said. In addition to the organizations statewide involved in helping self-represented litigants, courts also are reaching out to help. In the 18th Judicial District — Sumner County — some forms have been simplified and made available upon request. “Recently there has been an increase in pro se litigants filing for absolute divorce,” Chancellor Tom Gray said. “Forms obtained from the Internet or some other source almost always fail to meet legal requirements, so the court pre-

TENNESSEE BAR JOURNAL, FEBRUARY 2005 33 he Tennessee Bar Association is pleased to have this who volunteered with the specified Tennessee pro bono pro- opportunity to join the pro bono programs in hon- grams between Nov. 20, 2003 and Nov. 1, 2004, as reported by T oring those lawyers who participated in pro bono the following programs: Nashville Bar Association /Legal Aid activities during the past year. More than any other profes- Society of Middle Tennessee and the Cumberlands, Legal Aid sion lawyers give of their time and talents to serve those who of East Tennessee, Memphis Area Legal Services, West Ten- need their services. nessee Legal Services, and Community Legal Center. We recognize that the following list is not an all-inclusive list of all of the pro bono service provided in Tennessee, and If you or someone you know participated in pro bono we applaud all of those countless members of the bar who self- through another effort (and therefore are not on this list), lessly serve in any of the multitude of ways cataloged in the please let the TBA know. Every effort has been made to Rules. We would like to know and let your colleagues know ensure the accuracy of this list. If you are aware of a mistake or about those contributions. The following is a list of attorneys omission, please email [email protected].

ANDERSON BRADLEY CARTER William P. Alexander III Mary Beth Boone Trajan Carney Kevin Angel Richard Banks Mark S. Dugger John B. Allyn Janice Bossing Brigid M. Carpenter Charles Buckholts Arthur Bass Kristen Amonette Robert E. Boston Brett Carter Mart Cizek Jim Bilbo CLAIBORNE Audrey Lee Anderson Leilani Boulware Gregory L. Cashion Mary Gillum Doug Blackwell Wesley Stone Robert A. Anderson Jay Bowen Brian Casper Brian Hunt Joseph Byrd Steve Anderson Melissa Bradford Hannah K.V. Cassidy Dorothy B. Stulberg Michael Callaway COCKE Anthony Arena James C. Bradshaw George H. Cate Jr. Franklin Chancey Brad Davidson Ashley Norton Arnold W. David Bridgers Mark P. Chalos BEDFORD Paul Dietrich Fletcher L. Ervin Mabel Arroyo Michael D. Brent John L. Chambers Richard A. Cawley Jerry Hoffer David B. Hill Gail V. Ashworth Todd Bricker Shannon Chaney Smith Trisha L. Henegar Rebble Johnson Lucy D. Cooper David T. Axford Deron Brown David Changas Scott Kanavos Edward J. Bailey John P. Brown III Cynthia C. Chappell BENTON James Logan Jr. CO FFEE Stephen C. Baker Kim A. Brown Mark H. Chen Ron Darby Sally Love Robert A Croy Russell S. Baldwin M. Collin Brown James R. Cheshire III Phillip Hollis Marcia McMurray Michael E. Giffin Andrea C. Barach Martin S. Brown Jr. Martha C. Child Terry Leonard Prince Miller Russell Hedges William M. Barrick James N. Bryan Jr. Glen Allen Civitts Rod Miller Thompson G. Clisby Hall Barrow John S. Bryant Philip S. Clark BLOUNT Ashley Ownby Kirkpatrick Keene W. Bartley Karyn C. Bryant E. Steele Clayton IV David Black Barrett Painter Edward H. North William N. Bates L.G. Buddy Burnett Jr. Terry Clayton David Boyd Lynn Perry Donald Ray Debbie Baucom Brandy M. Burnett Steve Cobb Charles A. Carpenter Drew Robinson Laura Riddle Mark A. Baugh Ben A. Burns Kent W. Cochran Daphne Cornwell Michael Sharp James Stephens Helen Bean Jack A. Butler Jessica C. Coe Melanie Davis Susie Starnes Fred W. Beesley Jr. Jean L. Byassee Michael Colavecchio David Duggan Thomas Tisdale DECATUR Margaret L. Behm Michael Byers Jonathan Cole Charles Dungan Jr. Rex Wagner Ed Townsend Fred Bell Karen E. Cain Madeline Coleman Matthew C. Haralson Oliver Benton Yvette Cain J. Michael Combs Brent W. Johnson CANNON DAVIDSON Daniel P. Berexa Jim Cameron Charles Cook III John McArthur Mitchell Shannon Roger Abramson C. Dewees Berry IV Patricia Campbell David L. Cooper Steve Merritt H. Justin Adams Gary Blackburn Stuart Campbell Dixie Cooper Christopher R. Ralls CARROLL Gareth Aden Jeffrey Blackshear David Canas Robert E. Cooper Jr. W. Phillip Reed Laura Keeton Marshall L. Albritton William A. Blue Jr. Grayson Cannon W. Lee Corbett Damon Wooten Donald Parish Sawnie (Trip) Aldredge Mark A. Bogdanowicz Donald Capparella Catherine Corless Ross I. Booher Thomas I. Carlton Jr. Charles G. Cornelius

34 TENNESSEE BAR JOURNAL, FEBRUARY 2005 Thomas C. Corts Michael Gigandet Chris Hofstetter Jennifer Jones Robins H. Ledyard James G. Martin III C. Kinian Cosner Jr. Harris Gilbert O.B. Hofstetter III Kevin Jones Andrei Lee Jerry Martin Stephen Cox Jr. Angus Gillis III Lela Hollabaugh Lynda Jones Robert Lee Joseph Martin Jr. Philip Cramer Courtney H. Gilmer Thomas Hollingsworth Roger A. Jones Thomas H. Lee Sean Martin Alix Coulter Cross M. Bradley Gilmore John J. Hollins Jr. James D. Jordan Steven L. Lefkovitz Robert J. Martineau Catherine Cross Grant C. Glassford John J. Hollins Sr. Keith Jordan Eva M. Lemeh Randal S. Mashburn Charles W. Cross Timothy A. Glut Steve Holzapfel Bill Kaludis David E. Lemke Peggy D. Mathes J. Greer Cummings Jr. Andrew Goddard Larry B. Hoover Kellen Keaty Bob Lenard Lawrence C. Maxwell James L. Curtis Shannon Goff June P. House James R. Kelley Jeffrey L. Levy Taylor Mayes Lucien Dale David Gold William B. Hubbard Joseph A. Kelly Sean Lewis Meg Mazzone Phillip L. Davidson Jesse S. Goldberg David O. Huff Kevin S. Key Susan Limor W. Neal McBrayer Maclin Davis Robert C. Goodrich Jr. Margaret M. Huff Greg King Owen R. Lipscomb Charles S. McCandless Joseph DeGaetano Sherry Goodwin Stephen Hurd Jeffrey R. King Samuel D. Lipshie William G. McCaskill Jr. James A. DeLanis Robert Gowan April Ingram Jo s eph B. K l o cke n ke m p e r Robert B. Littleton Jeanah McClure David J. Deming Frank Grace Jr. Philip D. Irwin Linda W. Knight Jennifer Orr Locklin Malcolm L. McCune Scott Derrick Stephen Wayne Grace Andrea Patrice Ivory Nathaniel H. Koenig Fletcher W. Long John M. McDonald Marilyn J. Devine Stanley E. Graham Jon Jablonski Jeffrey R. Kohl Wendy L. Longmire Charles W. McElroy Linda K. Dickert Charles K. Grant G. Brian Jackson Linda Koon Arthur K. Lowen Anthony J. McFarland Wallace W. Dietz Edward Graves Robert Jackson John Krimmel Mary Frances Lyle William Thomas Peter T. Dirksen B. Riney Green John R. Jacobson Paul Krivacka Colleen P. MacLean McHugh Jacqueline B. Dixon Tonya Grindon Michael Jameson Irwin J. Kuhn Charlie Malone Kate McKenney Dot Dobbins Mitch Grissim Stephen Jasper Ryan A. Kurtz Jason Mangrum Donald I.N. McKenzie Dawn Dobbs John A. Gupton III Marc Jenkins Melissa Kurtz Blackburn Gino Marchetti John C. McLemore Harlan Dodson III Charla S. Haas Paul Jennings Mary LaGrone Kyle L. Marquardt W. Warner McNeilly III James M. Doran Jr. Larry Hagar R. Jan Jennings John William Lamb Darlene T. Marsh Philip S. McSween R. Stephen Doughty Wendy Hall Alan D. Johnson Mary Langford Ellis H. Marshall Jr. V.A. Melton Carol Downton Peter Halverstadt David Johnson Bryan Larson Anne C. Martin Harry Miller Mark Downton Amy Hampton James B. Johnson William D. Leader Jr. Doug Martin Stephen L. Meyer Felix R. Dowsley III Jill A. Hanson (Continued on page 36) Phillip W. Duer Perry R. Happell Jimmy A. Duncan William L. Harbison Larry T. Edmondson Jay Hardcastle Steven J. Eisen Hal D. Hardin Gary M. Eisenberg Penny Harrington Daniel B. Eisenstein James H. Harris III Karen L.C. Ellis Tyree B. Harris IV David Esquivel C. Bennett Harrison Jr. Bryan Essary Jean Harrison Tommy C. Estes Tanisha Hart-Love Mary Arline Evans Robb S. Harvey Kenneth Pete Ezell Jr. Stephanie Hatchett D. Alexander Fardon William B. Hawkins William H. Farmer Scott K. Haynes John Farringer IV Keltie Hays Todd Faulkner John Haynes Larry Felts John C. Hayworth Stuart W. Fields Kristin Hazelwood Beverly Fisher Richard Hedgepath Jr. Louise R. Fontecchio Paul Helton Thomas H. Forrester Branch H. Henard III Michael Fox David B. Herbert Susan W. Foxman Charles S. Herrell Mark T. Fraley John Scott Hickman Davidson French John S. Hicks Gregory M. Galloway Michael R. Hill Robert M. Garfinkle Randle W. Hill Jr. Tim K. Garrett Tim Hill James Michael George Michael Hinchion Joseph W. Gibbs Skip Hindman III Andrew B. Gibson Jr. Bill Hodde

TENNESSEE BAR JOURNAL, FEBRUARY 2005 35 (Continued from page 35) Richard K. Smith William S. Walton Harold Gunn Charles W. Dooley Stephen M. Miller Candice L. Reed Richard M. Smith Culwell E. Ward Richard Gossum Stuart Duncan May Ann Miranda Terrence O. Reed Warren M. Smith Tom H. Ware Barbara Hobock Marcia Eason Jeffrey Mobley Jonathan E. Richardson Yanika Smith Robert J. Warner Jr. Mark Johnson Mary Eberly Patricia Montgomery Nathan Ridley Kelly J. Smits Timothy L. Warnock Jim Ryal Rachel Edwards William C. Moody David Risner Marshall M. Snyder Christopher M. Was Jason Scott David Elliott Beth Moore Brian Roark Kristin Solomon Douglas Waterman Rick Vaughn Lisa Epsy Carl R. Moore James Roberts Paul Soper Kim Watson Jesse Farr Carolyn Moore Worrick G. Robinson IV Alan M. Sowell James L. Weatherly Jr. GREENE Jim Fields Jolade Moore Barbara Rose Jack Spann James M. Weaver Lois Ricker Phillip Fleenor Russell B. Morgan Ben Rose Jeffrey Spark Valerie Webb David L. Leonard Robin Fores Angelia D. Morie Glenn B. Rose Cathy Speers Ken Weber Judy S. Robinson Sherri Fox Mary Ellen Morris Jon D. Rose Carl Spining Scott David Weiss Leroy Tipton Kenneth Fritz Joel H. Moseley Sr. Carlton Ross Randy Spivey Joseph Welborn Edward L. Kershaw Vance Fry Susan H. Moseley Edgar M. Rothschild III Paul Sprader Rebecca Wells Demaree Robert Payne Cave Timothy Gibbons Marlene Moses John Rowland Russell Stair Phillip P. Welty Douglas L. Payne Arthur Grisham Barbara J. Moss Andy Rowlett David L. Steed Robert L. West Robert Grott Robert Hank Moss Gary Rubenstein Ronald G. Steen Jr. Mark H. Westlake GRUNDY Jeffery Guild F.B. Pete Murphy Jr. Paul Rudolph Kathryn A. Stephenson Robert G. Wheeler Jr. Christina Flury Sitz Wilson Haizlip David Nave Mary Frances Rudy Brenda Miller Stiles Thomas V. White David Harrison Richard J. Nickels Stephen K. Rush Carson Stone John L. Whitfield HAM LBLEN Preston Hawkins James H. Nixon III Joseph P. Rusnak Jane B. Stranch Gerald C. Wigger David S. Byrd Tom Hayslett George H. Nolan Anne L. Russell James G. Stranch III Leslie B. Wilkinson Christophen P. Capps Cameron Hill John W. Nolan III Robyn L. Ryan Joel P. Surber John P. Williams Wayne Stambaugh Heidi Hoffecker T. Scott Noonan Maria M. Salas Matthew Sweeney Larry R. Williams Dwaine C. Evans Seth Holiday Christina Norris J.W. Chenault Sanders John R. Tarpley Stephanie Williams Jeffrey Hollingsworth William L. Norton Julie Sandine James S. Tate Jr. Michael P. Williamson HAMILTO N James Hooper Robert J. Notestine III H. Scott Saul William H. Tate Clifford Wilson Don Aho Thomas Horne Greg Oakley Donald A. Saulters Steven A. Taterka Jamie Winkler John Alley William Horton Jody O’Brien B. Anthony Saunders David K. Taylor Thomas A. Wiseman III Charles Anderson Jason Howell Cynthia M. Odle Frank J. Scanlon Pamela A. Taylor Bryant Witt Michael Anderson Anthony “Bud” Jackson William P. Ortale John Scannapieco John Teitenberg Mariah A. Wooten Maxfield Bahner John Jackson Sue Palmer Judy Schechter Mary Beth THomas L. Glenn Worley Bruce Bailey Steven Jacoway P. Brocklin Parks Donald L. Scholes David Thompson Luther Wright Jr. Kevin Beck Michael Jennings Steven D. Parman Carolyn Schott Michael V. Thompson Theo Wright Sandra Benton Sam Jones Elizabeth H. Parrott David B. Scott Overton Thompson III Edward M. Yarbrough Edward Boehm Michael Kent Cynthia Parsons Dwight E. Scott Sabin R. Thompson G. Michael Yopp Jeffrey Boehm David Kesler Michael Lee Parsons Thomas C. Scott Christopher E. Thorsen Phillip G. Young Arthur Brock Kelly Kirkland Michael R. Paslay Richard W. Sebastian Dale A. Tipps Stephen G. Young Scott Brown Philip Langford C. Benton Patton Yvette K. Sebelist Mark Tipps Mathew R. Zenner Eric Buchanan David Lawrence Josh Perry Mark Seitz John C. Tishler David Zolensky Robert Burns Christian Lanier Barbara J. Perutelli Slade Sevier Dan Todd Philip Byrun Susan Lee David J. Pflaum Kevin Hunter Sharp Jim Tomkins DYER Tonya Cammon Erskine Mabee Rosemary E. Phillips Thomas Shaw Darrell G. Townsend Greg Alford William Carriger Lee Maddux Jackie Pick Dianna Baker Shew Caroline Trost Carol Austin Harry Cash Amy Mason Thoma s M. P i n ck n ey Jr. Norma Shirk Charles Trost Jason Creasy Larry Cash Gary Massey Justin Pitt Gary Shockley Ellen T. Turley Dean Dedmon Alan Cates Lynn McCurdy Emily Plotkin W. Scott Sims Wesley D. Turner Mark Hayes John Cavett Leslie McWilliams Cynthia Plymire Martin Sir Thor Y. Urness Shannon Clark Meredith Mochel Mark R. Podis Lesa Skoney Mike Urquhart FRANKLIN Fred Clelland Lisa Montelongo Leonard Pogue Jay R. Slobey John L. Van Cleave Mickey Hall Chris Clem David Moore Lawrence Pollack Keith Slocum Christine Vanasse Norris A. Kessler II Jay Clements Kelly Ann Mulroony W. Robert Pope Jr. Alden H. Smith Jr. Charlene R. Vance David Stewart Daniel Collins Peter Murhpy John N. Popham IV Deborah A. Smith Chad Vander Wert Thomas Crutchfield Gladys Mynatt Stephen H. Price Derrick C. Smith Irwin Venick GIBSON Wallace Davies James Neal Joseph R. Prochaska Eric W. Smith Geof Vickers Kyle Atkins Lee Davis Whitney Nelson Andrew J. Pulliam Gregory D. Smith John W. Wagster Bill Bowen Lynne Dechman Alan Nichols J. Jill Qualls Jay H. Smith Bob Waldschmidt Michael Carter Ruth Delange Hal North John Quinn Laura Israel Smith Edwin Walker Hal Dorsey George Derryberry William Ortwein W. Casey Reed LeAnn Smith Thomas Patrick Wall III James Paris

36 TENNESSEE BAR JOURNAL, FEBRUARY 2005 Robert Philyaw HAYWOOD David L. Buuck Shannon M. Holland Robert P. Murrian Peter Van de Vate Donna Pierce Larry Banks Melanie Campbell-Brow n Timothy Householder William C. Myers Robert L. Vogel Frank Pinchak Periann Houghton Will Carver G. Turner Howard III William A. Mynatt Donald K. Vowell Harold Pinkley Drake Martin Chris Cawood Lewis S. Howard Jr. Roy P. Neuenschwander John A. Walker Jr. Nancy Preslar Nathan Spencer W. Tyler Chastain Dean Howell John P. Newton Glenn R. Walter Buddy Presley Jon Coffin Marilyn Hudson H. Douglas Nichol Mike Whalen Glenna Ramer HAW KINS Thomas M. Cole David L. Hull David D. Noel John W. Wheeler Mark Ramsey Jefferson Fairchild Greg Coleman Roger D. Hyman Harry P. Ogden Patty K. Wheeler Thomas Ray Steven Frazier J. William Coley Michael Inman James G. O’Kane John A. Willis Jane Ricci Terry Risner J. Steven Collins R. Arthur Jenkins Gordon Lee Ownby Shelly L. Wilson Susan Rich Mark A. Skelton S. Dawn Coppock Stephen R. Johnson Donald F. Paine J. Michael Winchester Valerie Richardson Virginia L. Couch T. Scott Jones Anita Patel John T. Winemiller Bill Robinson HENDERSON James M. Crain Reggie E. Keaton Jennifer R. Pearson Carl Winkles Mitzi Samples Howard Douglass William C. Cremins Theodore Kern Michael S. Pemberton Annette E. Winston Robert Sauser Tanya Crosse Liddell Kirk Kevin N. Perkey S. Lane Wolfenbarger Robert Scott HENRY Robert L. Crossley Catherine Kligerman William W. Petty Kandi Yeager J. R. Scarborough Michael Ainley Amelia G. Crotwell Wayne Kline Adam Priest Shannon Scearce Tiffany Deaderick Stanley F. LaDuke Linda Puckett LINCOLN Sue Scruggs JEFFERSO N John A. Decker James R. LaFevor Suzanne Queen Danessa Aldridge Jackson Seal Ronald Trudeau Thomas H. Dickenson Cynthia T. Lawson Thomas R. Ramsey III John H. Dickey Albert Secor Samuel C. Doak Patti Jane Lay John B. Rayson N. Andy Myrick Jr. Christine Sell JOHNSON Christine L. Dummer Donelson M. Leake N. David Roberts Jr. Randall Self Charles Sereebutra Melissa Denny Douglas L. Dutton Dania Leatherman Stanley Roden Alician Shaw John Elder Thomas M. Leveille Stephen E. Roth LOUDEN Lesley Shaw KNOX David M. Eldridge Farrell A. Levy John W. Routh Kent Booher Scott Shaw John E. Eldridge Robert Lloyd Camellia Saunders Roy L. Aaron Stewart M. Crane Chamise Sibert Mary L. Abbott Ruth T. Ellis William S. Lockett O.E. Schow IV A. Wayne Henry Joseph Simpson Tim Elrod John D. Lockridge Shanell Schuyler Lucinda M. Albiston Robert Hinton Brian Smith R. Samuel English James H. London Virginia Schwamm Cecilia Allen Kimberlee Waterhouse Kirk Snouffer Carl W. Eshbaugh Jason H. Long Allen E. Schwartz Dale Allen Kimberly Wright Donna Spurlock Jason E. Fisher Lori L. Long E. Brian Sellers Adrienne L. Anderson Michael St. Charles Gordon D. Foster James S. MacDonald James S. Sharp Jr. Edwin A. Anderson MACON Michael Stewart A. James Andrews Julie A. Foster Jay W. Mader Trevor L. Sharpe Guy Holliman Donald Strickland Monica Franklin G. Mark Mamantov Leslie Shields J. Nicholas Arning Heather Sveadas Kelly Frere Melissa R. Mancini Linda Gale Shown Roger Arnwine MADISON Wayne Thomas David Gall Carl W. Manning Denise Siebe George R. Arrants K. Michelle Booth Crews Townsend Danny C. Garland Robert S. Marquis Ella M. Sims Michael K. Atkins Jeff Boyd Ferber Tracy Sondra L. Gifford Jerry M. Martin Kelly Skeens Lawrence Ault Cathy Clayton Rhonda Turner Edward U. Babb Heather Glenn Jack H. McCall Jr. Herbert H. Slatery III Lisa June Cox Albert Watson Robert W. Godwin Dennis M. McCarthy Brandy B. Slaybaugh Robert M. Bailey Virginia Crenshaw Paul Weidlich James N. Gore Ju dy Pinkston McCart hy Alexis M. Smith Ashley Barrington Adam Crider Jerrold White Travis J. Graham Dennis McClane Donna H. Smith Rufus W. Beamer Pete Dauster Joseph White Edward M. Graves David L. McCord Tracy Jackson Smith Jerrold L. Becker Marcella Fletcher Thad Whitfield Michael A. Graves A. Scott McCulley Wanda G. Sobieski R. David Benner Justin Gilbert Gregory Willett Leslie F. Bishop Erica Greene L. Martin McDonald L. Caesar Stair III J. B. Glassman James Williams Robin K. Gresham Daniel McGehee T. Ennica Street Tasha C. Blakney Jack Holmes Kevin Wilson Jason Grubb Morna McHargue Craig Stewart Brian D. Blind Lanis Karnes Randy Wilson Maurice Guinn Anne M. McKinney Charles W. Swanson Joshua J. Bond Colin Morris Mark Young Thomas M. Hale Gregory S. McMillan T. Lynn Tarpy Donald A. Bosch Jeff Mueller David B. Hamilton Stephen A. McSween C. Scott Taylor Wade M. Boswell Leigh Allison O’ Neal HANCOCK Steven K. Bowling Amy S. Hammett Melinda Meador Norman G. Templeton Charles Patterson Mandy Hancock Elizabeth Meadows Debra A. Thompson Floyd W. Rhea Hugh Bright Jr. Greg Petrinjak Albert J. Harb Laura E. Metcalf Emily H. Thompson John G. Brock Randy Pettigrew J. Michael Haynes James L. Milligan John O. Threadgill HARDEMAN R. Alexander Brown George Rutrough Paul Helton Todd J. Moody Andrew R. Tillman Charles Cary Nicholas D. Bunstine Carl Seely K. O. Herston Daniel J. Moore Douglas J. Toppenberg Harriett Thompson T. Elaine Burke Vincent Seiler R. Kim Burnette James Hickman III M. Denise Moretz Charles M. Torres Betty Scott Sarah Swanson Higgins Jennifer B. Morton Dalton Townsend HARDIN Luis C. Bustamante Scott Smith Paul D. Hogan Jr. J. Myers Morton Robert Vance Melissa Stewart John W. Butler Angela Snider Larry D. Holden Benjamin C. Mullins (Continued on page 38)

TENNESSEE BAR JOURNAL, FEBRUARY 2005 37 (Continued from page 37) Andrew Bernstein Juliet Hill-Akines Ronald Riggs County) Roger Stanfield Kim Nelson David A. Billions Susan Hinsley Roger Rutledge Ron Blanton Shelia Stevenson Sam Blaiss Marilyn Hobbs Sharon Ryan Thomas Boyers V Jonathan Steen ROBERTSON Darrell D. Blanton Sheree L. Hoffman Randall Salky Ron Buchanan Michael Tabor Lisa S. Richter David Blaylock Frank Holloman Russell W. Savory John Bradley Chris Taylor Collier W. Goodlett Richard Booth Lauren Holloway Marc Schatten Mike Carter Daniel Taylor James M. Balthrop Marcus Bozeman Elmore Holmes Nancy H. Schiller Wayne Detring Linda Sessions Taylor Stuart Breakstone David Huggins W. King Self Jr. Zoe L. Doyle Shannon Toone RUTHERFORD Beth Brooks Melinda Jewell Susan A. Shubert Brian P. Dunigan John Baker Aubrey L. Brown Jr. Curtis Johnson David Siegel Sue Dunning MARION Gary Beasley Kaye G. Burson Vanessa Keeler Kim G. Sim Mike Edwards Charles Ables Diana Benson Lara Butler Ami P. Kelley Rajiv Singh Russ Edwards William Killian John Blankenship John Cannon Lawrence W. Kern Richard Spore III Allen Ehmling Michael O’Hagan Donald Bulloch Frank Cantrell Reva Kriegel Paul James Springer Sr. Tim Ferguson Mark Raines Kent Coleman G. Coble Caperton Lisa Krupicka Brett B. Stein Debrah Frizzell Graham Swafford Jim Duncan Patricia Chafetz Keith Kyles Christine W. Stephens Steve Glaser Terry Fann Scott Champlin Hayden Lait James Strickland Laura Goodall MCMINN Brad Hornsby Richard Charlton Jon Lakey Shepherd Tate Phillip George William Biddle Chris Kelly Margaret M. Chesney J. Brooke Lathram Randall Tolley Joe Harsh Eugene Hale Rick Mansfield Stephanie G. Cole Stephen Leffler Blanchard Tual Nathan Harsh Judy Hamilton Ewing Sellers Chris Cornaghie Stephen F. Libby R. Scott Vincen Bart Highers Tim Hill Mitchell Shannon Greg Cotton John Lovett Amy Webb Martin David Holmes Larry Parker Keith Siskin Lee Anne M. Cox Sharon Loy Arnold Weiss David Howard Don Reid Sandra Trail Lyttonia Cunningham W. Clary Lunsford Jake Werner C. Jay Ingrum Bonita Tucker Phil Curley Bo Luxman E. Dean III White Robert G. Ingrum MCNAIRY Wendy Dabbous Carol Ann Mallory Betsy Warren Wilson Bill Jones Anita Beth Adams SEQUATCHIE Patrick Dandridge Tracey P. Malone Thomas Lang Wiseman John Wesley Jones Keith Grant Joe W. Darden Melissa Maravich Patricia Woods Philip C. Kelly MEIGS Iva Darnall Jack Marlow Patricia Worley Lawren Lassiter Monroe S. David Zoe E. Marshall Lisa Zacharias Curtis Lincoln Britt McKenzie SEVIER Rebecca Davis Amy Martin Gregory A. Ziskind Jay Longmire Joseph A. Baker Don Donati Marianne Bell Matthews Randy Lucas MONROE Barry W. Eubanks John Dunlap Joe McCarty SM ITH Art McClellan Peter Alliman John H. Fowler Delisa Eddings Steven McCleskey Thomas J. Martin John Carson Ross Gray Debbie Holliman Rosiland Eddins Mary M. McGinnis Ed Miller Lewis Kinnard Bruce Hill Courtney Ellis Thomas McPherson William L. Moore Jr. Doris Matthews Jessica Hogan SULLIVAN Janelle R. Eskridge Barry J. McWhirter Louis Oliver Melissa A. Moore Don Coughlin Garrett Estep Diane Meess Bruce Oldham MONTGOMERY Charmaine Nichols David Darnell Charles Sexton Claiborne H. Ferguson Mary Jo Miller Elizabeth Twoney C. Tracey Parks Jeff Grimes Richard Fields Price Morrison John Pellegrin Boyd Venable Lon V. Boyd Timothy Barnes Ellen Fite Mitchell D. Moskovitz John R. Phillips Jr. Jay Runyon Cynthia Wyrick Raymond C. Conklin Shannon S. Fite Kimbrough Mullins Gregory Francisco Dennis Powers Bob Lenard Jeffery Fleishmann Deborah Murdock Tim Rector SHELBY Michael May Mike A. Flexsenhar Kathleen Norfleet Bryan Roehrig T. Robert Abney Wesley J.Edens MOORE Katherine Frazier Robert E. Orians Jade Rogers Mike Adams Mark D. Harris Coffee and Lincoln Joseph Garrett Aaron Parker Bryce Ruth Jr. Douglas M. Alrutz Paul Harr County attorneys have Beverly Sanders Gates Patricia Penn * Scott Saul (office is in Phyllis Aluko Shelton Hillman routinely handled cases Mike Goldstein William Bryan Penn Davidson County) Amy Amundsen Jack W. Hyder in those courts. Richard Gordon Cindy Pensoneau Roger Sindle Ke n d ra A rm s t ro n g - H a z l e t t Kerry A. Musick Robert Green John Philip Cheryl Skidmore Rebecca C. Arnold Howard Orfield OBION Kate Griffin J. Russell Phillips Mark T. Smith G. Patrick Arnoult Paul Frye Roger Fisher Doug Halijan Mimi Phillips Randy Stamps Jim Arthur Irene Hallett Sam Phillips Brian Stephens Javier M. Bailey SUM NER RHEA William G. Hardwick II Eric Plumley Walter Stubbs Kevin Baskette Andy Allman Gary Fritts Alan Harkavy Diane Polly Tim Takacs Thomas Banta David Amonette Darren Gibson Ronald Harkavy Sean Powell Cynthia Hall Templeton Jim Barry Rick Baranyi Rebecca Hicks Veonnie Harper Jackie G. Prester Brenda Thompson Steve Barton Charles Beaty Mechelle Story Steve Hawks Bruce Ralston Joe Thompson T. Tarry Beasley II * Mattie Bhela (office is Deborah Henderson Robin Rasmussen Darrell Troutt Saul Belz in Robertson ROANE Troy Henderson Charles E. Rich (Continued on page 44)

38 TENNESSEE BAR JOURNAL, FEBRUARY 2005 TAKE THIS JOB

Harbert v. Healthcare Services Group Inc. 10th Circuit invalidates FMLA regulation defining joint employee’s worksite

By Timothy S. Bland

lthough not decided by the office in Golden. employee with a fixed place of work Court of Appeals for our region The plaintiff sued Healthcare Ser- because it is contrary to the FMLA. A of the country, in an important vices, claiming it violated the FMLA The court held that the DOL’s defi- case the 10th U.S. Circuit Court of by denying her leave. The trial court nition of the term “worksite” is con- Appeals recently held that a Depart- granted judgment in favor of the trary to the common meaning of that ment of Labor (DOL) regulation plaintiff. Healthcare Services term. Worksite usually means the place interpreting the Family and Medical appealed, arguing that the regulation an employee works, but the DOL Leave Act (FMLA) is invalid because that defines the plaintiff’s worksite as defines it as the place from which the it contravenes the FMLA’s legislative employee is assigned or reports. In H a r- purpose. The FMLA defines the b e r t,this meant the plaintiff’s worksite worksite of a jointly employed “Worksite usually was Healthcare Services’ regional employee as the primary employer’s office, where the plaintiff went only for offices from which the employee is means the place an occasional meetings. assigned or reports. Harbert v. Health- The court further held that the care Services Group Inc. 391 F.3d 1140 employee works, but regulation does not effect the Con- (10th Cir., 2004). gressional purpose underlying the In H a r b e r t,theplaintiffwas 50/75 provision (employees are employed by Healthcare Services in the DOL defines it as excluded from FMLA coverage if Brush, Colorado. The plaintiff per- their employer does not employ 50 formed her duties at the facility in the place from which employees within a 75 mile radius of Brush and reported to a district the employee’s worksite). The court m a n a g e r, w h o se of fi ce wa s lo cat ed the employee is held that Congress included this in Golden, Colorado. The plaintiff provision because it recognized that was injured and requested FMLA assigned or reports.” employers with more than 50 leave. Although Healthcare Ser- employees may have difficulty vices granted her two periods of finding replacements for employees leave, it denied her request for Golden, Colorado is invalid. who work at geographically scattered FMLA leave because she was not The 10th Circuit reversed, and held locations. An employer’s ability to employed at a worksite with 50 or that 29 C.F.R. 825.111(a)(3), which replace a particular employee during more employees within a 75 mile provides that the “worksite” of an his or her period of leave will radius and thus, was not eligible for employee who is jointly employed by depend on where that employee FMLA leave. This conclusion was two or more employers is “the primary must perform his or her work. The based on the premise that the plain- e m p l o y e r ’s offic e from whic h t he court noted that, generally, the Con- t i f f’s worksite was the facility in employee is assigned or reports,” is gressional purpose underlying the Brush, not the defendant’s regional invalid as applied in the situation of an 50/75 provision is not effected if the “worksite” of an employee who has a regular place of work is defined as T i m o t hy S. Bland is a partner in the Memphis office of Ford & Harrison LLP, a any site other than that place. Thus, national law firm ex cl u s i v e lyrepresenting management in labor and employ- the court found the DOL’s regulation ment matters . His column runs quart e r ly in the Tennessee Bar Journal. to be invalid.

TENNESSEE BAR JOURNAL, FEBRUARY 2005 39 PAINE ON PROCEDURE The Green River Killer Reviewed Ancient documents

Green River, By Donald F. Paine Running Red By Ann Rule, Free Press ■ $26 stute student Matt Ledwith ants had a say-so in the stories, ■ 436 pages ■ asked a question in my Evi- including emergency officials and 2004 A dence class that got me to fleeing residents. pondering. Does the federal ancient Are all hearsay statements by Chasing the documents hearsay exception admit these many declarants admissible Devil statements of multiple declarants? through the federal ancient docu- By David Federal Rule 803(16) allows evi- ments exception? Reluctantly, I’ve Reichert ■ Little dence of “statements in a document concluded that the answer to Matt’s Brown ■ $24.95 in existence 20 years or more, the question is “yes.” ■ 314 pages ■ authenticity of which is established.” My reluctance is grounded in 2004 Authenticity is governed by Rule doubts about the trustworthiness of 901(b)(8), such statements. RE V I E W E D B Y DO N A L D F. PA I N E adding to the 20- Normally we don’t year criterion “Does the federal make an exception ary Ridgeway killed Wendy Lee two more: “Evi- to the hearsay Coffield in 1982 and dumped dence that a doc- ancient documents exclusionary rule G her in the Green River, which ument … (A) is unless there is a flows into Puget Sound near the in such condi- hearsay exception guarantee of trust- SeaTac Airport. In 2003 he pleaded tion as to create worthiness. For guilty to murdering 48 women, mostly no suspicion admit statements of example, the mul- prostitutes, who worked the airport concerning its tiple declarants area. Advances in DNA science 1 authenticity who typically make proved his guilt. He received 48 con- [and] (B) was in multiple declarants? a business record secutive life sentences. a place where it, are under a busi- What is in the Seattle water that if authentic, Yes.” ness duty to report breeds both a Bundy and a Ridgeway? would likely be.” or record truth- Ann Rule is my favorite true L e t ’s a na ly ze f u l l y. Bu t I fi n d crime writer, and I favor her book. an example I used in class. Fast for- nothing that would make a 2002 But Sheriff (now Congressman) ward 20 years to 2025 and assume an statement trustworthy in 2025 Reichert also does a good job. Take offer in a federal trial of the Sept. just because more than 20 years your pick. 16, 2002, edition of The Knoxville had elapsed. Audio versions are available. News Sentinel. A huge headline The Tennessee version of Rule Rule’s book is read by Michelle Pawk. screamed that “toxic fumes force 803(16) is limited to documents 30 Reichert reads his version.2 thousands to flee.” Stories written by years old that affect an interest in seven hearsay declarants (reporters) property. Usually there is only one —————— told of a train derailment near rich declarant, for example the grantor in 1. The first judicial use of DNA in folks’ neighborhoods that ruptured a a warranty deed. So the problem dis- the British Midlands during 1986 and tanker car filled with 10,600 gallons cussed usually wouldn’t arise in a 1987 exonerated the initial suspect (a kitchen porter) and convicted Colin of sulfuric acid. Many other declar- state trial. Pitchfork (a baker). 2. Both authors should cease and desist writing that a victim “went Donald F. Paine is a past president of the Tennessee Bar Association and is of missing.” There is no English verb “to counsel to the Knoxville firm of Pa i n e,Ta r w a t e r, B i ck e rs , and Tillman LLP. He lec- tures for the Tennessee Law Institute, BAR/BRI Bar Rev i ew, Tennessee Ju d i c i a l go missing.” C o n fe r e n c e, and University of Tennessee College of Law. He is reporter to the Supreme Court Adv i s o ryCommission on Rules of Practice and Pro c e d u r e.

40 TENNESSEE BAR JOURNAL, FEBRUARY 2005 Less Legal Service May Mean More Access to Justice (Continued from page 28) sistent with ethics opinions issued in reduced fee for some limited advice and f o r c e s / m o de st /h o m e. h t m l. I n ad di - other states.6 drafting assistance that would enhance tion to the report, there is an exten- their capacity to represent themselves sive appendix including numerous What s happening? without undue risk to their own inter- practice tools. The AOC Working Group on Self- ests and the efficient administration of • ABA Standing Committee on the Represented Litigants is currently justice. Experience in other states indi- Delivery of Legal Services, Pro focusing its attention on self-representa- cates that the provision of limited scope Se/Unbundling Resource Center, at tion in domestic relations matters and representation in domestic relations http://www.abanet.org/legalservices/d will soon be circulating for comment a matters can be profitable while also elivery/delunbundethics.html. proposed set of simplified domestic rela- enabling persons of limited means to • Maryland Legal Assistance Network, tions forms and explanatory brochures to have a more equal chance for their day “Unbundled Legal Services,” at www. be used by self-represented litigants or in court than would be the case if unbundledlaw.org. by volunteer lawyers who would assist required to represent themselves them with the completion of the forms. without any assistance. • “Equal Justice Under Law” Implies Once finalized after input from the The Working Group is fully aware “Pro Bono Publico”: A Challenge to domestic relations bar and the judiciary, that neither pro bono nor for-profit lim- Tennessee Attorneys to Participate in the Working Group hopes that the ited scope representation will be a Pro Bono Service. Supreme Court will adopt the forms for panacea for all that ails access to justice use on a statewide basis and approve the in Tennessee. But, it can be part of the Notes explanatory brochures. These materials solution. As Professor Blaze said when 1. Douglas A. Blaze, “The Crisis in Legal will serve as the centerpiece for the commenting on the crisis in legal aid in Aid: Working Together, We Just Might Make a Difference,” 39 Tenn. B. J. 12 (2003). Working Group’s further exploration of Tennessee, “Working together, we just 2. ABA Section of Litigation, Modest 7 how to involve more lawyers in the lim- might make a difference” — in this case Means Task Force, Handbook on Limited ited scope representation of self-repre- by adding the provision of limited scope Scope Legal Assistance, at sented litigants who cannot currently representation for self-represented liti- http://www.abanet.org/litigation/taskforces/m afford a full-service representation. The gants to our repertoire of ways to provide odest/home.html. goal is to use these form and brochures, equal access to justice for all Tennesseans. 3. Id., Appendix 3 (Description of together with other resource materials Tennessee lawyers interested in limited Unbundling for Clients and Potential about limited scope representation in scope representation as a means for Clients). domestic relations matters that the attracting new clients or as a vehicle 4. Id., Appendices 9-16. Working Group hopes to develop in col- through which they will provide pro bono 5. Board of Professional Responsibility of laboration with domestic relations prac- legal services to persons of limited means the Tennessee Supreme Court, Advisory Ethics Opinion No. 2004-A-811. titioners, to make it easier for more can consult the following very useful 6. For summaries of and links to ethics lawyers to offer pro bono limited scope resource materials: opinions provided by the ABA’s representation in domestic relations • ABA Section of Litigation, Mod e s t ProSe/Unbundling Resource Center, go to matters, perhaps as a volunteer in a pro Means Task Force, Handbook on http://www.abanet.org/legalservices/delivery/d se clinic similar to the program spon- Limited Scope Legal Assistance, at elunbundethics. sored by the CLC in Memphis. h t t p : / / w w w. a b a n e t . o r g / l i t i g a t i o n / t a s k 7. Douglas A. Blaze, “The Crisis in Legal It is important to emphasize, how- Ai d: Wor k in g To g e t h e r, We J us t M i ght M ake a e v e r, th at t he Wo rk in g G r ou p is eq ua ll y interested in promoting for-profit initiatives by private domestic relations practitioners who would offer limited scope representation for a reduced fee. The experience in other states suggests that Carl A. Pierce is professor of law at the University very few persons able to pay for a full- of Tennessee College of Law. He currently serves service representation would opt for a as co-chair (with Circuit Judge Jackie Schulten l a w y e r-as sist ed s elf-rep resen tatio n to from Chattanooga) of the Administrative Office of the Court’s Working Group on Self-Represented save on legal fees. On the other hand, Litigants. there are likely to be a significant number of persons who cannot afford a full-service representation, but who Pierce would be able and willing to pay a

TENNESSEE BAR JOURNAL, FEBRUARY 2005 41 BUT SERIOUSLY, FOLKS!

Hoosier Daddy!

Daddies are getting a bad rap on TV From ‘Make Room for Daddy’ to ‘Who’s Your Daddy?’

By Bill Haltom

ifty years ago when I was growing Dr. Marcus Welby) all went to the Vice President Quayle’s comments up during in the Eisenhower office every day and worked hard to about Murphy Brown were ridiculed by F administration, daddies were bring home the bacon for June, Wilma, newspaper columnists, politicians, and revered figures in America. My dad Laura, and the kids. late-night talk-show hosts. The vice had his own special chair in the living The TV daddies in the ’50s and president was generally dismissed as a room right in front of our Zenith ’60s were wise men who were light-weight buffoon who, after all, black-and-white TV set. And when respected by their children. T h e y couldn’t spell “potato.” Daddy sat on his throne and watched were also devoted family men. Wa r d Since that time, the downward TV, what did he see? He saw heroic spiral of TV daddies has continued daddies, that’s what! The 1950s and “[Her real daddy is] the unchecked as the TV culture replaced ’60s was a golden era not only for my Robert Young and Ward Cleaver with dad, but also for TV daddies. All the guy who has cared for Homer Simpson and Al Bundy. heroes on TV in the 1950s and ’60s But now, in the early years of were either daddies or cowboys. the 21st century, TV dad has hit In those days, the titles of the shows her, nurtured her, paid rock bottom. said it all – “Father Knows Best,” On January 3, the Fox Network “Make Room for Daddy,” “My Mother for her education and aired “Who’s Your Daddy?” a 90- the Car” … (well okay, two out of minute special in which a woman three ain’t bad). given her straight given up for adoption as an infant To really appreciate how significant attempted to guess the identity of her TV dads were in the 1950s and ’60s, teeth.” birth father for a $100,000 prize. just ask yourself this question: What T h a t ’s right, my fellow Americans. did Beaver Cleaver, Ricky Nelson, Cleaver never went through a mid-life We’ve gone from “Make Room for Pebbles Flintstone, Bam Bam Rubble, crisis and decided to trade in June for Daddy” to “Who’s Your Daddy?” Opie, Little Ricky, Hoss, Adam, Little a trophy wife. Ricky Ricardo never I did not see the show. It was on Joe, all three sons, and the entire ran off with Ethel Mertz. opposite the Sugar Bowl, which for a Brady Bunch have in common? They Twelve years ago, then-Vice Presi- southern football fan like me is a reli- all had outstanding daddies. dent Danny Quayle set off a national gious event. I’ve been told that while I The TV daddies of the ’50s and ’60s debate when he criticized the popular was watching the Sugar Bowl, the were hard-working men who personi- television program “Murphy Brown” young woman who was the “star” of fied the work ethic. Ward Cleaver, after an episode in which Murphy “Who’s Your Daddy?” was introduced Fred Flintstone, Rob Petrie, and had a baby without having a husband to eight men, all claiming to be her Robert Young (who later went to med- to help take care of the baby on father. The woman interviewed the ical school and changed his name to future episod e s . men, dismissed ones she felt were imposters, and eventually picked the guy she thought was her daddy. The Bill Haltom, a real good daddy although he doesn’t play one on TV, is a partner show was apparently a cross between with the Memphis firm of Thomason, Hendrix, Harvey, Johnson & Mitchell. He is “Survivor” and “To Tell the Truth.” president-elect of the Tennessee Bar Association and is a past president of the At the end of the show, if the Memphis Bar Association. (Continued on page 44)

42 TENNESSEE BAR JOURNAL, FEBRUARY 2005 CLASSIFIED ADVERTISING

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TENNESSEE BAR JOURNAL, FEBRUARY 2005 43 BUT SERIOUSLY, FOLKS! (Continued from page 42) (Continued from page 38) woman correctly guessed which man was He’s the guy who probably gave her a car her father, she could win $100,000. If she for her 16th birthday and then nervously Vickie Sutton Trull William K. Lane III guessed incorrectly, the imposter she paced in his den at midnight waiting to Teena Vincent Patricia A. McDade chose would win the money. In any hear the sound of the car coming back Gary M. Williams Todd McKee event, the Fox Network insisted there into his driveway. He’s the man who Stafford McNamee Jr. would be a “happy ending” since the danced with her at the father-daughter TROUSDALE Anita Whisnant woman would be reunited with her “real dance. He’s the man who paid for her Christi Lynn Dalton R. Kreis White daddy.” Nevertheless, I can’t help but college education. He’s the man who is Sharon Linville Don Young think that the princess and her “daddy” ready to walk her down the aisle and give Betty Lou Taylor would have a lot happier reunion if the her away at her wedding and then pay for Eddie Taylor WILSO N princess won $100,000. the whole show. Neal Agee Jody Aulds Well, I didn’t miss “Who’s Your Frankly I think they should have W ARREN Steve Roller Troy Brooks Daddy?” I didn’t watch it, and I didn’t called the show “Who is the Sperm Con- Tami Poston Ross Stephen Brown miss it. As far as I’m concerned, the t r i b u t o r ? ” I’m sorry, b ut I do no t b el ieve Keith S. Smartt Jeff Cherry show was an insult to me and every other the birth father deserves the title Lisa Zavogiannis Debra Dishmon man in America who answers to the “ D a d d y. ” His sole contribution to this * David Downard (office once-revered title “Daddy.” For the young woman’s life was made at concep- WASHINGTON is in Davidson County) woman who starred on the show, there is t i o n . He forfeited the title “Daddy” long Arthur M. Fowler Jr. Jessica Dugger a real short answer to the question, ago to a real man who wasn’t even on William Francisco Gloria Jean Evins “Who’s your daddy?” The answer is that the TV show and was ineligible to win Margaret Fugate James Flood wonderful man who adopted her when the $100,000. Michael Hance David Foutch she was a baby. He’s the guy who has Where’s Danny Quayle now that we Michael Kellum Hugh Green John Gwin cared for her, nurtured her, paid for her really need him? Anthony Lee Mark Henderson education and given her straight teeth. Janie L. Lindamood Scotty Perrin J. Robert Hamilton Shanell Schuyler * Angelo Huong (office Anthony A. Seaton is in Rutherford County) Michael R. Jennings WILLIAMSON Angelique Kane William P. Alexander III Brody Kane Henry R. Allison III Jimmy Lea Carolyn Carlisle Robert E. Lee William S. Carman Sr. Jack D. Lowery Kristen Fecteau John Meadows Carey T. Frazier Susan Merry Rebecca Garland Susan Parkes Thomas H. Miller Adam Parrish Scott Rhodes Alan Poindexter Richard Green Bob Rochelle Mary Catherine Kelly Robin Vance Philip W. Kendrick

CLASSIFIED ADVERTISING

(Continued from page 43) EMPLOYMENT LAW ATTORNEY Downtown Nashville litigation firm seeking attorney with three or more years experience representing management in employment law matters. Excel- lent benefits. Please send resume to: P.O. Box 198344, Nashville, TN 37219

44 TENNESSEE BAR JOURNAL, FEBRUARY 2005 EVEN T E E N S CAN HANG OUT AT THIS BAR

We take civics education seriously at the Tennessee Bar Association.

We know that a public educated in the history and workings of our legal system is vital to our c o u n t r y ’s future — and to the future of the legal system itself. For our country to carry on the traditions that have made it great — and our legal system a model for the world — we must have a public that understands its rights and responsibilities and how they are tied to this system.

T h a t ’s why the TBA supports a strong lineup of programs across the state to teach civics in our schools and offer resources through our TnCivics web site to help everyone learn these important lessons.

One of the TBA’s biggest education efforts is the annual Tennessee State High School Mock Trial Competition. Since its founding by the Young Lawyers Division in 1980, this program has grown so that today more than 100 teams compete in district matches with the goal of qualifying for the state competition.

Your support of the Tennessee Bar Association makes all of this possible.

WE K N O W THE BAR Vi s i t th e Ten n e s se e B a r A s s o c i at i o n ’s T n C i v i cs w e b s i te a t w w w. t b a . o r g / t n c i v i c s L e a rn m o r e ab o u t t he M o c k Tr i a l c o m p e t i ti o n at w w w. t b a . o r g / m o c k t r i a l