Ethics and Management of E-Discovery

“Now that the key issues have been addressed and national standards are developing, parties and their counsel are fully on notice of their responsibility to preserve and produce electronically stored information.” Zubulake v. UBS Warburg LLC, 2004 WL 1620866 (S.D.N.Y. July 22, 2004).

The Federal Rules of Civil Procedure were amended effective Dec. 1, 2006, to incorporate specific provisions related to the discovery of electronically stored information (ESI

Courage and the Rule of Law: Adams, Brock and O’Connor

Perhaps the most widely cited expression of the principle of the rule of law was drafted by none other than President John Adams when he penned the Constitution of the Commonwealth of Massachusetts. In mapping out separation of powers in the Massachusetts constitution, he wrote,

In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers or either of them: the executive shall nev...
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‘Preaching to the Choir’ on the Tennessee Plan

The following letters were sent to TBA President Buck Lewis about his column in the August Tennessee Bar Journal, “What’s All the Fuss about the Tennessee Plan?”

In me, you are preaching to the choir, but I couldn’t pass up telling you what an excellent article you wrote on the Tennessee Plan. I sure hope it gets wide distribution. Folks just do not understand the dangers of judicial elections. I contacted my Legislative Delegation about
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Uniform Law Commission approves seven new acts:

ULC Acts Ready for States’ Approval

As they’ve done each summer since 1892, uniform law commissioners gathered for a full week to discuss – and debate line by line, word by word – legislative proposals drafted by their colleagues during the year. The commissioners draft proposals for uniform laws on issues where disparity between the states is a problem.

This year, the Uniform Law Commission (ULC), meeting at its 117th annual meeting in Big S

Tennessee lawyers in the national spotlight

Miller & Martin PLLC member and the Tennessee Bar Association’s immediate past president, Marcy Eason, was elected to the executive council of the National Conference of Bar Presidents at the American Bar Association meeting in August. The conference represents presidents from more than 400 bar associations. Eason focuses her practice in civil litigation with an emphasis on commercial litigation, lender liability, and products liability at the firm’
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Reinstated

The following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education: Dina Guirguis, Arlington, Va.; Owen Patrick Lalor, Ridgeland, Miss.

The following attorneys have been reinstated to the practice of law after complying with Section 20 of Supreme Court Rule 9, which requires the payment of annual registration fees: John Bacon Brown, Bowling Green, Ky.; Robert Louis Booker, Oceanside, Calif.;...
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Contempt of Court

My favorite contempt opinion is Dargi v. Terminix, 23 S.W.3d 342 (Tenn. Ct. App. 2000). Steven Dargi sued Terminix and others for termite damage to his home. Good friends of mine represented the plaintiff and the principal defendant. The latter lawyer somehow incurred the plaintiff’s wrath, exacerbated by another defense lawyer.

During cross-examination at a videotaped deposition (which I have viewed), Dargi went off. You can read the opinion for his exact words, which I shall ...
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Lincoln and the Court

By Brian McGinty | Harvard University Press | $27.95 | 384 pages | 2008

Lincoln and the Court is a worthy addition to the body of Lincoln scholarship. While other works have focused on Lincoln’s own career as an attorney, Mr. McGinty studies in depth the Lincoln administration’s relationship with the United States Supreme Court. He examines that relationship in every major aspect, including the nomination process; the relationship among the justices themselves and between

Volunteer Firefighter Paid Leave

Tennessee now has not one but two separate statutes governing the relationship between volunteer firefighters and their employers. The net effect is to protect employees against discharge based upon volunteer firefighting duties and to require payment of wages, vacation or sick leave when volunteer firefighters are absent from work in certain circumstances.

Since 2003, Tenn. Code Ann. § 50-1-307 has banned termination of volunteer firefighters “solely” because

Prayer Meetings in the Conference Room

When I was a little boy growing up in the Baptist church my father pastored in north Memphis, our congregation would gather on Wednesday nights for mid-week “prayer meeting.”

Prayer meetings weren’t as formal as the Sunday morning worship service. There was no choir in the choir loft on Wednesday nights.

There wasn’t even an organist or pianist. When the congregation sang, we all just made a joyful noise together, belting it out Acapulco.

There was no
...
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The Journal classifieds are updated monthly, around the first of each month. You may also wish post your ad on JobLink, our free online service, which is updated weekly.

The classified advertising rate is $80 for up to 50 words and $1.60 per word thereafter. As a service to our members, there is no charge for advertisements up to 50 words for full-time job openings.

For more information, see our info page or e-mail ...
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