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Attorney/ Lawyer AUGUST 2013 | VOLUME 49, NO. 8 TBA.ORG The Cradle Will Rock Intentional Misrepresentation of Paternity ALSO : When the U.S. Attorney Sued to Remove Half the Tennessee Supreme Court Advice for Collecting a Judgment IsIs youryourour practicepracticeice moremore demanding than ever?evver?er? ee best malpracticemalpractice insuranceinsurinsurance takes no timetimeime to nd. AIM makesakes it easy.easyy.. DedicatedDedicDedicatedated to insuringinsuring practicingpraas.ct icingicing attorneys.attorney Attorneeyys Insurance Mutual TTelepelephone 205-980-0009 ofof the South® TTololl FFrree 800-526-1246 FFaxax 205-980-9009205 200 Invvererness Parrkwakwaayy Birmingham,mingham, Alabama 35242 wwww.Att.AttysInsMut.com Scan fforor Application “InsurInsuring and Serving Practicingi Attorneys Since 1989” Copyyrright 2013 by Attorneneys Insurance Mutual of the South® AUGUST 2013 VOLUME 49, NO. 8 COVER STORY 12 The Cradle Will Rock Intentional Misrepresentation of Paternity by Lacy A. Daniel FEATURE STORIES 20 When the U.S. Attorney Sued to Remove Half the Tennessee Supreme Court The Quo Warranto Cases of 1870 by Sam D. Elliott 3 PRESIDENT’S PERSPECTIVE Your Profession Needs You by Cynthia Richardson Wyrick 4 LETTERS JEST IS FOR ALL by Arnie Glick 5 YOU NEED TO KNOW NEWS: Justice Holder to Retire | Committee and Section Chairs Named PEOPLE | LICENSURE & DISCIPLINE 28 BOOK REVIEW Congressman Lincoln: The Making of America’s Greatest President by Chris DeRose, Reviewed by Donald F. Paine 29 WHERE THERE’S A WILL ON THE It’s Trust Time in Tennessee! COVER by Eddy R. Smith What are the conse - quences of lying about who the father 33 PAINE ON PROCEDURE of a child is? See Practical Advice for Collecting a Judgment page 12. Our model, 4-month-old Collins, by Donald F. Paine is the daughter of former TBA Access to Justice Coordinator 34 BUT SERIOUSLY, FOLKS! Sarah Hayman and Football, Corn from a Jar ... and Legal Fees — no question about by Bill Haltom Take a picture of this with it — John Hayman. your smart phone and read Photo by Sarah the Tennessee Bar Journal Hayman, with thanks 36 CLASSIFIED ADVERTISING at www.tba.org to Jenny Jones. The cOmpleTe AUGUST 2013 VOLUME 49, NO. 8 memBership JOURNAL STAFF EDITORIAL BOARD mOney sAving BenefiTs SUZANNE CRAIG ROBERTSON , Editor ANDRÉE SOPHIA BLUMSTEIN , Nashville, Chair TBA members have access to a wealth of member [email protected] WADE V. DAVIES, Knoxville LANDRY BUTLER , PAUL A. GONTAREK, Nashville benefits. here’s a sample of what you can expect SCOTT GRISWOLD , Knoxville with your membership. Publications & Advertising Coordinator [email protected] SUZANNE LANDERS , Memphis KAVITA GOSWAMY SHELAT , Memphis sAve On shipping BARRY KOLAR , Assistant Executive Director LAURA S. WOODS , Kingsport save up to 36% on Ups next Day Air and up to18% on [email protected] DONALD F. PAINE , Editorial Board Ups ground shipping. Member Emeritus, Knoxville THE TENNESSEE BAR JOURNAL is listed in the INDEX TO LEGAL PERIODICALS . Tennessee Bar Journal , ISSN DiscOUnTs AT Office DepOT 0497-2325, is published by the Tennessee Bar Association at 221 Fourth Ave. N., Suite 400, Nashville, TN 37219- receive discounts on office supplies from Office 2198, (615) 383-7421, monthly. Periodicals Postage Paid, Nashville, Tenn. Subscription price: $60 per year. Members: $22 per year. Individual issues: $10 per copy. Back issues sold on an “as available” basis. Statements Depot. Order by fax, phone, the web or in person. or opinions expressed herein are those of the authors and do not necessarily reflect those of the Tennessee Bar shOw yOUr priDe Association, its officers, board or staff. POSTMASTER : Send address correction to Tennessee Bar Journal , 221 Fourth Ave. N., Suite 400, Nashville, TN show your professional pride and get rewarded 37219-2198. for doing it! The Tennessee Bar Association visa® © COPYRIGHT 2013 TENNESSEE BAR ASSOCIATION platinum rewards card is now available to all ADVERTISING POLICY: While the Tennessee Bar Journal attempts to confine its advertising to legitimate busi - TBA members. ness endeavors, the statements and material appearing in the advertisements are solely the responsibility of the advertiser. The Journal and the Tennessee Bar Association do not directly or impliedly endorse, support or TBA memBer insUrAnce sOlUTiOns vouch for the authenticity of any representation made in any advertisement appearing herein. The Journal graham swafford is dedicated to serving the insur - does not intend to accept any advertising material that is false and misleading. The Journal reserves the right ance needs of TBA members. he works with The Bar to refuse an advertisement it deems inappropriate. plan — TBA’s endorsed provider for malpractice CHANGE OF ADDRESS: If your address has changed, please notify the Tennessee Bar Association at 221 Fourth Ave. insurance — as well as other providers for health, N., Suite 400, Nashville, TN 37219-2198, so your address will be updated for the Tennessee Bar Journal and other disability, and office insurance. TBA publications. BOARD OF GOVERNORS sAvings On AUTO insUrAnce CYNTHIA RICHARDSON WYRICK , Sevierville, President; JONATHAN O. The TBA has partnered with geicO Auto insurance to STEEN , Jackson, President-Elect; WILLIAM L. HARBISON , Nashville, Vice Pres - bring you competitive products and services. eligible ident; JACQUELINE B. DIXON , Nashville , Immediate Past President; SHERIE TBA members will receive a members-only discount of EDWARDS , Brentwood, Treasurer; JASON PANNU , Nashville, Secretary; TENNESSEE BAR JASON LONG , Knoxville, East Tennessee Governor (Position 1); ANDREW 8% on premiums. ASSOCIATION ROSKIND , Knoxville, East Tennessee Governor (Position 2); GARY SHOCKLEY , Nashville, Middle Tennessee Governor (Position 1); JAMES R. CARTIGLIA , Nashville, Middle Tennessee AccepT pAymenTs cOrrecTly Governor (Position 2); MICHELLE SELLERS , Jackson, West Tennessee Governor (Position 1); BRIAN with lawpay, your firm can accept credit cards with FAUGHNAN , Memphis, West Tennessee Governor (Position 2); ERIN MCARDLE , Jonesborough, confidence! The TBA member Benefit program offers Governor/1st District; TASHA BLAKNEY, Knoxville, Governor/2nd District; CHRIS VARNER , Chattanooga, reduced rates, multiple features for the client-attorney Governor/3rd District; DONNA PIERCE , Sewanee, Governor/4th District; MARY DOHNER SMITH , Nashville, Governor/5th District (Position 1); DAN BEREXA , Nashville, Governor/5th District (Position 2); transaction and a level of personalized service not KIM HELPER , Franklin, Governor/6th District; JASON CREASY , Dyersburg, Governor/7th District; CARL easily found elsewhere. CARTER , Memphis, Governor/8th District; CHARLES L. TROTTER JR. , Huntingdon, Speaker/House of Delegates; DAVID MCDOWELL , Chattanooga, President/TBA Young Lawyers Division; STACIE enhAnceD reseArch TOOls WINKLER , Memphis, President-Elect/TBA Young Lawyers Division; HON. JERRI BRYANT , Athens, Presi - now you can do your legal research with fastcase’s dent/Tennessee Judicial Conference; District Attorneys General Conference representative to be deter - premium level service which includes all U.s. District mined; CAMPBELL SMOOT , Tullahoma, President/District Public Defenders Conference; PAUL NEY, Nashville, General Counsel. court and Bankruptcy court decisions. That’s in addi - tion to statutes, regulations, constitutions and court TENNESSEE BAR ASSOCIATION STAFF rules from all 50 states as well as opinions from the ALLAN F. RAMSAUR , Executive Director; BARRY KOLAR , Assistant Executive Director; DENISE U.s. supreme court and all federal courts of Appeal. BENTLEY , Youth Court Coordinator; KAISHA BOND, CLE Coordinator; LANDRY BUTLER , Publications Coordinator; THERESE BYRNE , Director of Meetings; CHRISTY GIBSON , Assistant Committees and it’s free with TBA membership. Sections Coordinator; PAM JOHNSON NOLAN , Financial Administrator; JENNY JONES , Executive Assistant; LAUREN HOPPER LEE, CLE Coordinator; STEVE KING , A/V & Webcasting Coordinator; To find out more, visit TBALink at LINDA MURPHY , Receptionist; LYNN POINTER , Programs Administrator; SUZANNE CRAIG www.tba.org/info/benefits. Or contact the TBA by ROBERTSON , Editor, Tennessee Bar Journal ; STACEY SHRADER JOSLIN , Media Relations and Young email — membership@ tnbar.org — or Lawyers Divison Director; BRITTANY SIMS , Leadership Law Coordinator; KELLY STOSIK , Membership Director; MINDY THOMAS-FULKS , Director of Continuing Legal Education; ELIZABETH SLAGLE phone at (615) 383-7421. TODARO , Access to Justice and Public Education Coordinator; and TANJA TREZISE , Customer Service Coordinator/ Accounts Receivable. 2 | TENNESSEE BAR JOURNAL AUGUST 2013 PRESIDENT’S PERSPECTIVE BY CYNTHIA RICHARDSON WYRICK Your Profession Needs You I think we can all agree that our legal system is under attack. In the last year, we have seen the end (very temporarily, we hope) of our merit selection system for electing judges and the dismantling of our court-based workers’ compensation system. We also are facing attacks on our jury system through continuing efforts at tort “reform.” While we have won some of the battles as our profession has been attacked, it would be easy to feel as attempted to establish a relationship though we have lost the war. I submit to with our legislators? (3) Have we you that the war is not over, and it is worked in and/or contributed to the “The truth is that our time for someone to do something about campaigns of those running for office these attacks. That someone is you! who support our legal system?
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