By the Journal Staff
In conjunction with TJC, TTLA and TLAW
Free copies available for downloading
"Legal Handbook for Tennessee Seniors" distributed across state
Nearly 800 copies of the Legal Handbook for Tennessee Seniors were recently distributed to libraries and senior organizations across Tennessee.
The handbook, which was prepared by the TBA's Elder Law Section with support from the Senior Lawyers and Young Lawyers divisions, describes U.S. and Tennessee laws, plus a number of programs of interest to seniors, including Social Security, Medicaid and Medicare.
TBA Sections Coordinator Lynn Pointer, who coordinated much of the work on the handbook, said that all 310 libraries in Tennessee will soon have copies of the publication, in addition to 466 agencies that are served by the Tennessee Commission on Aging.
In addition, members of the Elder Law Section and Senior Lawyers Division will receive a printed copy for use in their practices.
The law firm of Clement and McGuffey recently donated $2,000 to the project, which may be used to distribute additional copies.
The full handbook is also available for viewing or downloading for free on the TBALink web site.
______________
Deadline for comment is March 15
Courts adding resources for non-English speakers
Efforts by the Tennessee Supreme Court and the Administrative Office of the Courts (AOC) to provide assistance for non-English speakers moved ahead recently with testing for prospective interpreters in Nashville and Memphis, and development of explanatory videos in other languages.
Interpreters tested and trained
The state's first testing program for prospective foreign language court interpreters was conducted Jan. 26 in Nashville, Feb. 18 in Memphis and will be April 15 in Knoxville. The tests are among several steps being taken to establish standards for the interpreters. Two-day workshops were scheduled to be conducted in February in Memphis and April 13-14 in Knoxville.
Additionally, two proposed Supreme Court rules dealing with standards and ethics for foreign language court interpreters are posted on the court's web site (www.tsc.state.tn.us) for review and comment. The deadline for comments is March 15.
Registration information for the testing and workshops is available by calling Janice Rodriguez at the Tennessee Foreign Language Institute, 615-741-7579.
Videos in many languages explain basic rights
In addition, the AOC has produced videos in Spanish, Arabic, Kurdish, Lao, Russian, Vietnamese and English that explain basic rights of defendants, orders of protection and the rights of parents in abuse and neglect cases. These will be available in courthouses and other locations across the state.
The AOC is also using a grant from the National Center for State Courts to pay for translating basic criminal practice forms into the same six languages.
_______________________
Foundation awards 68 IOLTA grants
The Tennessee Bar Foundation recently announced 68 grants totaling $863,000 from the IOLTA (Interest On Lawyers' Trust Accounts) program for 2002. Since 1987, it has awarded more than $10 million in grants. Among many services, the 2002 recipient organizations provide advocacy for neglected/abused children, domestic violence survivor assistance, mediation, rehabilitation to former offenders and legal aid to the indigent. The following organizations received an IOLTA grant for the first time:
________________________
Tennessee lawyers get more representation in ABA House
The Tennessee Bar Association has been granted a fifth seat in the American Bar Association (ABA) House of Delegates. The action by the ABA House of Delegates' Credentials Committee was based on an application made by the TBA certifying that the number of resident Tennessee lawyers has now topped 14,000. The ABA constitution and bylaws provide that for a state in which there are 14,000 or more lawyers, the duly constituted state bar can select five delegates.
Election for the delegate to this new position will be on the schedule for this spring's membership elections. Until the election, President-elect Al Harvey of Memphis has been appointed to fill the seat. The addition of the new position, to be designated Position 5, brings to three the number of positions to be filled. The seats currently occupied by Memphis lawyers Lucian Pera and Buck Lewis are up for election. The two other Tennessee representatives are Nashville lawyer Scott Carey and Memphis lawyer Randy Noel.
_______________________
Tennessee Bar Association Publications Coordinator Gina Jones received the Luminary Award for Excellence in Special Publications for production of Memphis attorney Bill Haltom's book In Search of Hamilton Burger: The Trials and Tribulations of a Southern Lawyer. At right is John Shaughnessy, senior director of corporate communications with West Publishing, which sponsors the Luminary Awards. The award, given by the National Association of Bar Executives' Communications Section, was presented at a "beach party" dinner banquet in Philadelphia (which is why they are wearing leis).
_______________________
Actions from the Board of Professional Responsibility
Reinstated
On Jan. 15, the Supreme Court of Tennessee reinstated to the practice of law in Tennessee William L. Embry, of Sal-Rei Boa Vista, Republic of Cape Verde in West Africa. Embry, formerly of Memphis, was suspended on Dec. 10, 2001, for willfully and intentionally failing to pay his child support obligation while at all times having the ability to pay, according to a Jan. 25, 2000, order of the Shelby County Circuit Court that showed Embry owing $54,749 in child support.
Section 31.1 of Tennessee Supreme Court Rule 9 sets forth that the Supreme Court will immediately suspend any lawyer who willfully refuses to comply with the terms of a court order.
On Dec. 20, 2001, the Shelby County Circuit Court entered an order vacating the Jan. 25, 2000, order in its entirety. Embry and the disciplinary counsel agreed that this warranted the immediate reinstatement of his law license. The Tennessee Supreme Court agreed and allowed the board to seek reimposition of the suspension should future developments warrant requesting such relief.
Disbarred
Steven M. Moore, a Nashville lawyer, has been disbarred by order of the Supreme Court entered on Jan. 15. Moore represented a client on an insurance claim and obtained a $5,000 settlement. The attorney signed his client’s name to the check without permission or authority and deposited the check in his attorney trust account.
Moore and the client had agreed that Moore would handle the claim on a contingent fee basis for one-third of the amount obtained. Immediately after depositing the check, Moore withdrew $4,000 for his personal use. Moore sent his client a check for $1,000, which the client refused. Moore claimed that he was owed additional fees for other matters in excess of $4,000, which his client disputed. Subsequently, Moore’s attorney trust account was overdrawn. The rules of professional conduct require that disputed funds be held in the trust account until resolution.
Disciplinary counsel filed a petition for discipline. Moore did not file an answer or appear at the hearing. The hearing panel found that Moore had engaged in conversion and theft of client funds, that he forged his client’s name to a check, that he made false statements to disciplinary counsel involving material facts, and that he committed trust account violations and engaged in conduct that was deceitful and fraudulent. They unanimously recommended disbarment.
A disbarred attorney may not apply for reinstatement for at least five years.
Suspended
On Dec. 19, 2001, the Supreme Court of Tennessee issued an order summarily and temporarily suspending Clarksville attorney Gary M. Eisenberg's license to practice law, upon finding that Eisenberg had failed to answer requests for information regarding a complaint of misconduct. Section 4.3 of Supreme Court Rule 9 provides for the immediate summary suspension of an attorney's license to practice law in cases of failing to respond to the Board of Professional Responsibility.
Eisenberg has been precluded from accepting any new cases since Dec. 19, 2001, and from representing existing clients since Jan. 18. He may not use any indicia of lawyer, legal assistant, or law clerk nor maintain a presence where the practice of law is conducted. Eisenberg must notify by registered or certified mail all clients of pending matters, co-counsel and opposing counsel of his suspension and to return any paper or property to clients.
- - - - - - -
On Dec. 21, 2001, Memphis attorney Clifford Edward Whitaker's law license was temporarily suspended upon a finding that Whitaker had failed to respond to the Board of Professional Responsibility concerning complaints of misconduct and that he posed a threat of irreparable harm to the public.
Whitaker is precluded from accepting any new cases or from representing any existing clients, he must not use any indicia of lawyer, legal assistant or law clerk, and he must not maintain a presence where the practice of law is conducted. He must also notify all clients, co-counsel and opposing counsel in pending matters of his suspension and return any papers or property to clients.
The suspension remains in effect until dissolution or modification by the Supreme Court. Whitaker may for good cause request dissolution or modification of the suspension by petition to the Supreme Court.
Disability Inactive
The law license of Steven Douglas Brown of Chattanooga was transferred to disability inactive status on Jan. 15. Brown's disability arises out of drug dependence and bipolar disorder; he agreed to the transfer of his license. He can return to the practice of law only after reinstatement by order of the Supreme Court upon showing that his disability has been removed.
_____________
Information regarding these disciplinary actions was obtained from the Board of Professional Responsibility of the Tennessee Supreme Court.
Tennessee Bar Journal
March 2002 - Vol. 38, No. 3
© Copyright 2002 Tennessee Bar Association