Tennessee Bar Journal

Feb 2017
Cover Story
Russell Fowler

With another peaceful transfer of power under the American constitutional system, it is a fitting time to recall one of the most humble yet dramatic inaugurations and the remarkable administration it commenced: the presidency of Calvin Coolidge, a presidency committed to the rule of law.

Feb 2017
President's Perspective
Jason Long

This year, the Tennessee Bar Association (TBA) has rightfully focused much time and energy on spreading a singular message to Tennessee lawyers: The practice of law is evolving, and we must evolve with it. This is not a message easily communicated, and it is certainly not universally embraced.



The Tennessee Supreme Court on Dec. 21, 2016, published the 2017 amendments to its rules of procedure and evidence.

Proposals include:

Feb 2017
The Law at Work
Edward Phillips
Brandon Morrow

In Johnny Cash’s “Folsom Prison Blues,” between the twang of the guitar and the upbeat tempo, the second verse famously ends with the song’s prison-stranded narrator lamenting, “When I hear that whistle blowin’, I hang my head and cry.”[1] No doubt, this was the reaction former Union City Police Officer Michael Hogg had after three of his fellow officers...

Feb 2017
Senior Moments
Monica Franklin

The Special Needs Trust Fairness Act allows individuals with a disability, and under the age of 65, to establish their own “payback” special needs trust. Prior to the enactment of this law, only a parent, grandparent, guardian or court could establish this type of “Medicaid exception” trust, which is authorized by 42 U.S.C §1396p(d)(4)(A). This change...

Feb 2017
Tba News

Susan Gruber, Rick Taylor and Kirsten Jacobson accepted awards at the TBA’s annual Public Service Luncheon, Jan. 14. Read more about each of them in this month's News.

Feb 2017
Journal News

Dickson Lawyer CLYDE DOUGLAS CLUCK died Jan. 2 at the age of 80. Before graduating from the YMCA Night Law School in 1971, Cluck completed stints in the U.S. Army, as a juvenile probation officer and as director of education for the state Division of Youth Services and Department of Corrections. He later was named assistant commissioner...

Licensure & Discipline

Disability Inactive

The law license of Davidson County lawyer John Edward Herbison was transferred to disability inactive status on December 30. He may not practice law while on inactive status but may petition the court for reinstatement by showing clear and convincing evidence that the disability has been removed and he is fit...

Feb 2017
But Seriously, Folks
William Haltom

Unless you are a divorce lawyer, February is one of the best months of the year. That’s because right smack in the middle of the year’s shortest month comes a day for lovers … Valentine’s Day!

It is a day when even President Trump may be tempted to sweetly tweet “I Love You” to his latest wife.

If, like me, you are blessed to have a valentine...