Knoxville Agenda

Day One (Thursday, 11/6)

8:00 a.m. – 9:15 a.m.
“Ethics of Corporate Representation”
Jim Moore

• Problems faced by attorneys representing either large public, or small closely-held, corporations
• When is there a fiduciary duty to third parties or minority shareholders?
• Exposure to liability for actions and representations of corporate clients

9:15 a.m. – 9:30 a.m. Break

9:30 a.m. – 10:30 a.m.
“Using Indirect Contempt to Help Your Clients”
Judge Bill Swann

• What judges want to hear in indirect
  contempt proceedings
• Nine scenarios of indirect contempt in Tennessee
• Closing arguments in your contempt proceeding

10:30 a.m. – 11:45 a.m.
“Tennessee Supreme Court Case Law Review”
Supreme Court Justice Sharon Lee

• Recent Supreme Court holdings
• Impact of court’s holdings on your practice
• Emerging trends

11:45 a.m. – 1:00 p.m. Lunch

1:00 p.m. – 2:00 p.m.
“Gotcha Rules in Civil Procedure and Evidence”
Judge Tom Seeley

• Don’t get caught by the “Gotcha Rules”
• TRCP 3: Commencement of Action
• TRE 803(25): Hearsay statements of children in domestic cases

2:00 p.m. – 3:00 p.m.
“Anatomy of a Lawsuit: Hollywood Style”
Jason Ensley

Highlights the progress of a lawsuit by showing examples that have appeared in movies/TV (e.g., The Rainmaker, My Cousin Vinny, A Civil Action, To Kill a Mockingbird, The Simpsons, etc.). With each vignette, a rule of civil procedure, professional responsibility, or evidence is highlighted for the audience to discuss.

3:00 p.m. – 3:15 p.m. Break

3:15 p.m. – 4:15 p.m.
"Principals of Drafting Wills and Revocable Trusts" (with Forms)
Joel Roettger

• What information do you need from your client?
• How do you select the appropriate will or revocable trust provisions?
• How can you add flexibility to the estate plan?
• How can you draft to address special circumstances?

4:15 – 5:15 p.m.
"Basic Tax Considerations in Estate Planning"
Stacy Roettger

• What tax issues should you take into consideration when drafting estate planning documents?
• What tax issues should you take into consideration during a probate administration?
• What returns should you file?
• How do recent changes in the law effect your planning?
  

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Day Two (Friday, 11/7)

Friday (11/7)
8:00 a.m. – 9:00 a.m.
“Common Ethical Problems from a Judge’s Perspective”
Chancellor Thomas Frierson

• When is it appropriate to withdraw from representation?
• Conflicts of interest
• Attorney-client relationship
  

9:00 a.m. – 9:15 a.m. Break

9:15 a.m. – 11:15 a.m.
“Ethical Concerns Facing Attorneys Today”
Sandy Garrett

• Attorney fee issues: contingency fees, retainers, etc.
• Conflicts of interest
• Review of recent disciplinary actions

Attendees are invited to ask questions during this session.

11:15 a.m. – 12:30 p.m. Lunch

12:30 p.m. – 1:45 p.m.
“Tips from a General Sessions Judge”
Judge Charles Cerny

• Key local rules of practice
• Appealing general sessions ruling to circuit court
• Appropriate forms of communication
• Practice tips and common mistakes

1:45 p.m. – 2:45 p.m.
“Tort Law/Insurance Law: Recent Changes Affecting
Your Practice”
Professor Carol Mutter

• Supreme Court review
• Significant Court of Appeals rulings
• Cases pending before Supreme Court
  

3:00 p.m. – 4:00 p.m.
“Calculation of Economic Damages for Personal Injury & Wrongful Death Cases”
Robert Vance

• Calculating “Replacement Value of Life”
• Steps for calculation: Lost wages, fringe benefits, household services, discounting to single present value
• Special considerations: Vocational and occupational experts, young child, loss of pension

4:00 p.m. – 5:15 p.m.
“To Mediate or Not to Mediate … That Is the Question”
Mark Travis

• Benefits and limitations of mediation
• Favorable and unfavorable indicators for mediation
• Mediation suitability screen: Three-factor analysis

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