NEWS & INFORMATION

Nashvillian will be fourth woman president
Ashworth to lead TBA in 2009-10
With no competing candidates filing to challenge her, Nashville attorney Gail Vaughn Ashworth will become the next vice president of the Tennessee Bar Association, putting her on track to lead the organization in the 2009-2010 bar year. Ashworth, a member of the Gideon & Wiseman firm in Nashville, currently serves as the TBA’s general counsel. Her election will become official following certification by the Board of Governors.

There are contested elections for two Board of Governors seats — those representing the Middle Tennessee Grand Division and the First District. In the Middle Tennessee district, Nashville attorneys Barbara Holmes and Timothy Warnock will compete for the seat, while in the First District, Kingsport attorney Frank Johnstone will face Sevierville attorney Cynthia Richardson Wyrick.

In districts or grand divisions where there is a contested race, electronic voting information was emailed to all members with valid email addresses on file at the TBA by March 1. On or before April 1, paper ballots were then distributed to all members of that district or grand division who had not voted electronically. To be counted, all ballots must be received at the office of the TBA auditors by the close of business, May 1, 2007. Votes will be tallied by the accounting firm selected by the Board of Governors in accordance with Section 44 of the bylaws.

Others who were elected without opposition are: Graham Swafford, governor East Tennessee; Cecilia Barnes, governor West Tennessee; Nick McCall, governor 2nd District; Bobby Hibbett, governor 4th District; Patrick Carter, governor 6th District; Jonathan Steen, governor 7th District; Randy Noel, ABA Delegate 1; and Tasha Blakney, ABA Delegate 3 (young lawyer).

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Legal profession maintains financial strengths, report says
How did law firms perform in 2006 and what can they look forward to in 2007? Hildebrandt International offers its take on the profession — 2006 was flat for profit growth, but the sixth straight year of financial success for the profession — in a new client advisory report available on its web site. The report predicts healthy revenue growth for 2007, but a slowing of profit growth due to increasing costs. It also forecasts growing competitive market pressures and challenges to the profession's underlying business model.

Read the full report at http://www.hildebrandt.com/Documents.aspx?Doc_ID=2508

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Ethics Commission considers rules, ethics options
The Tennessee Ethics Commission in mid-February retreated from its practice of permitting public comment and discussion at its meeting, moving forward on several fronts with public comment only after all decisions had been reached.

The commission had under consideration draft rules on public records, an advisory ethics opinion and principles of ethical conduct. Despite specific public records requests for advance drafts of the documents, they were not distributed until the meeting had begun. The public records rules permit the staff broad discretion in asserting a wide variety of exceptions for denying access to papers in the hands of the commission. The advisory ethics opinion clarifies that members of associations are not themselves covered by the lobbying law just because the association itself employs a lobbyist.

The draft guiding principles of ethical conduct were significantly revised by the commission, specifically stripping out a provision that would have suggested that it was unethical for lawmakers to represent clients when the state was involved.

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Stay current on legislation. Check out TBA legislative updates at http://www.tba.org/tba_legismain.html

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TBA membership offers even more now
Free online legal research, CLE part of Complete Membership Plan
Tennessee Bar Association members are already seeing major enhancements to their benefits and services as part of the new TBA Complete Membership initiative. In the coming months, they will see more.

Starting in January, all TBA members got access to free online legal research through an agreement with Fastcase, a leading online legal research firm. “Our strategic agreement with Fastcase provides every member a service that they can use every day at no cost,” TBA Executive Director Allan F. Ramsaur said. “An attorney who is not a TBA member would pay almost $1,000 a year for this same service.”

That ability to use the strength of TBA’s broad membership to provide all members with essential services at little or no cost is at the heart of the Complete Membership initiative, and is reflected in other services coming out this year.

Continuing legal education is a good example. All Tennessee lawyers need CLE, so the TBA will be including access to three hours of quality CLE programming free with membership starting with the 2007-2008 bar year. TBA members across the state — from metro Memphis to rural Riceville — will be able to use this benefit to enhance their skills or become better educated on the latest trends in the law. TBA members will be able to use these prepaid credits on any of the several hundred classes in the TBA’s catalog of online, onsite and teleseminar programs. This carries a value of at least $120.

Other services that members have come to rely on in their practices — the monthly Tennessee Bar Journal, the daily TBA Today electronic newsletter, a strong voice on Capitol Hill and with our courts — will of course continue. As will money-saving benefits from providers such as FedEx, Office Depot, GEICO and First Tennessee.

In addition, this coming year the TBA will expand its efforts to serve you as a person, a professional and a member of the Tennessee legal community. The TBA’s Attorney Well-Being Task Force is exploring new programs to help members better deal with the demands on their personal and professional lives — programs that will move beyond balanced-life clichés to real guidance for helping lawyers thrive in their practices and their personal life and in dealing with the transitions many will face in their careers.

There is a financial cost to adding all of these new services, and TBA members this year will see their first dues increase in five years to help pay for them. The average dues increase of $85, however, reflects only a fraction of the cost that members would face to obtain the same services individually.

To learn more about the TBA’s Complete Membership initiative, contact TBA Membership Director Sarah Stair at sstair@tnbar.org or by calling 800-899-6993 or in Nashville 615-383-7421.

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Applicants to be interviewed in April
Court backs Bredesen in judicial selection suit
The Tennessee Supreme Court ruled in late February in favor of Gov. Bredesen in a case involving the appointment of justices to the state’s high court. The justices agreed with Davidson County Chancellor Ellen Hobbs Lyle that Houston Gordon and Buck Lewis are not eligible to be included on subsequent panels of candidates because the governor turned down a slate that had included them. The court, however, rejected Lyle’s remedy, directing the Judicial Selection Commission to reinstitute the selection process for all three nominees.

Read the decision at http://www.tba2.org/tbatoday/news/2007/bredesen_022107.pdf

The Judicial Selection Commission subsequently voted unanimously to send Gov. Bredesen a fresh panel of applicants to fill the final vacant seat on the Tennessee Supreme Court. It also established a timetable for applicants to file and appear before the body. Questionnaires and TBI background applications were due in mid-March, and the commission will hear from candidates in open session on April 13. For additional information, visit the Administrative Office of the Court’s web site: http://www.tncourts.gov

Tennessee Bar Journal
April 2007 - Vol. 43, No. 4

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