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2015 Family Law Conference for Tennessee Practitioners - Materials Only

2015 Family Law Conference for Tennessee Practitioners - Materials Only

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2015 Family Law Conference for Tennessee Practitioners - Materials Only

Choose your materials from each Conference Session:

  • October 8-9, 2015
  • December 3-4, 2015

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These two-day seminars offered an insider’s perspective on the most significant recent developments in Tennessee family law.

Order your materials today from this information-packed conference!

Highlights:

  • Case law and legislative update
  • Protecting a client’s separate assets
  • Valuing and dividing marital property
  • Access to mental health records in a custody case
  • Special issues in military divorce
  • Practical tips from judges
  • Marketing yourself and your law firm
  • Social media tips and tricks

 

Reasons your colleagues attended this conference:

  • Quality presenters. Heard from attorneys who are authorities in the field of family law.
  • Judicial perspective. Heard from Circuit Judges Mike Binkley, Robert L. Childers, Phillip Robinson, Philip Smith, Joseph Woodruff, and Thomas Wright, as well as Senior Judge Don Ash.
  • Practical information. Prodvided information you can put to use in your practice right away.
  • Timely information. Provided up to date on the latest developments in the area of family law.

 

October Faculty:

  • Judge Don R. Ash, senior judge, Tennessee Senior Judge Program
  • Judge Mike Binkley, circuit court, 21st Judicial District (Hickman, Lewis, Perry, and Williamson counties)
  • David Garrett, Cheatham, Palermo & Garrett Law
  • Barry Gold, McWilliams & Gold, Chattanooga
  • John J. Hollins, Jr., Hollins, Raybin & Weissman PC, Nashville
  • Cathy Speers Johnson, Thompson Burton PLLC, Nashville
  • Stanley A. Kweller, Jackson, Kweller, McKinney, Hayes, Lewis & Garrett, Nashville
  • Marlene Moses, MTR Family Law, PLLC, Nashville
  • Linley Richter, Jr., Richter & Rasberry, P.C., Memphis
  • Kevin Shepherd, Maryville attorney
  • Greg Smith, Stites & Harbison PLLC, Nashville
  • Judge Philip Smith, circuit court, Davidson County
  • Jacob Thorington, Cheatham, Palermo & Garrett Law, Nashville
  • Judge Thomas Wright, circuit court, 3rd Judicial Circuit (Greene, Hamblen, Hancock, and Hawkins counties)

 

December Faculty:

  • Amy J. Amundsen, Rice, Amundsen & Caperton PLLC, Memphis
  • Judge Robert L. Childers, circuit court, Shelby County
  • David Garrett, Cheatham, Palermo & Garrett Law
  • John J. Hollins, Jr., Hollins, Raybin & Weissman PC, Nashville
  • Cathy Speers Johnson, Thompson Burton PLLC, Nashville
  • Stanley A. Kweller, Jackson, Kweller, McKinney, Hayes, Lewis & Garrett, Nashville
  • Marlene Moses, MTR Family Law, PLLC, Nashville
  • Linley Richter, Jr., Richter & Rasberry, P.C., Memphis
  • Judge Phillip Robinson, circuit court, Davidson County
  • Kevin Shepherd, Maryville attorney
  • Greg Smith, Stites & Harbison PLLC, Nashville
  • Jacob Thorington, Cheatham, Palermo & Garrett Law, Nashville
  • Judge Joseph Woodruff, circuit court, 21st Judicial District (Hickman, Lewis, Perry, and Williamson counties)
  • Judge Thomas Wright, circuit court, 3rd Judicial Circuit (Greene, Hamblen, Hancock, and Hawkins counties)

 

 

Your Faculty

AmundsenAmy Amundsen is a partner in the Memphis law firm of Rice, Amundsen & Caperton PLLC. Ms. Amundsen is a Fellow of the International Academy of Matrimonial Attorneys (2010 to present) and a Fellow of the American Academy of Matrimonial Attorneys (2008 to present). She has been recognized as a Family Law Specialist by the National Board of Trial Advocacy since 2001. She has been a Rule 31 Listed Family Mediator since 2001, and she was trained in Collaborative Law by the American Academy of Matrimonial Law. She has been chair of the Tennessee Bar Association’s Alimony Bench Book Committee since 2000. She was president of the Leo Bearman, Sr. American Inn of Court from 2010 to 2011. She is a past president of the Memphis Bar Association (2007-2008).

 

AshJudge Don Ash is currently a senior judge in the Tennessee Senior Judge Program. Judge Ash served the 16th Judicial District Court, which includes Rutherford and Cannon counties, for 18 years. He was appointed to the bench in 1994 and stepped down on September 1, 2012, to take senior judge status. Senior judges are appointed by the Tennessee Supreme Court and may be assigned on a temporary basis to hear cases in any state court. Judge Ash has also authored over 30 appellate opinions while sitting as a Substitute Judge for the Tennessee Court of Appeals. He has taught Civil Procedure at the Nashville School of Law since 2009. Judge Ash received his bachelor’s degree from Middle Tennessee State University, his law degree from the University of Memphis and a Master of Judicial Studies degree from the University of Nevada, Reno. He is a past president of the Tennessee Judicial Conference. In 1998, he was appointed by the Tennessee Supreme Court to the Tennessee Court of the Judiciary which oversees judicial conduct for all Tennessee judges, and served as presiding judge in 2007 through 2011. He is an alumnus of the National Judicial College and joined its faculty in 2001 regularly teaching courses involving judicial ethics, self-represented litigants, divorce law, and the operation of Drug Courts. Judge Ash is the author of “A Bridge over Troubled Water: Changing the Custody Law in Tennessee,” University of Memphis Law Review, which became the catalyst for the change of numerous domestic relations laws. He also co-authored Children of Divorce: A Practical Guide for Parents, Therapists, Attorneys, and Judges, Bernet and Ash, Kreiger Publishing, 2007.

 

BinkleyJudge Mike Binkley is a circuit court judge for the 21st Judicial District, which includes Hickman, Lewis, Perry, and Williamson counties. He was sworn in on August 31, 2012, and was elected to the court on August 7, 2014. His current term expires in 2022. Prior to becoming a judge, he practiced law in Franklin.

 

 

ChildersJudge Robert L. Childers has been the presiding judge of Division 9 of the Circuit Court in Memphis since 1984 and chair of the Civil Pattern Jury Instruction Committee for the Tennessee Judicial Conference since 1991. Judge Childers serves on the American Bar Association’s advisory commission created to assist lawyers and other legal professionals with addiction and other personal problems. He is a past president of the Tennessee Judicial Conference and has served as a Special Judge of the Tennessee Supreme Court Workers’ Compensation Appeals Panel.

 

David GarrettDavid Garrett, with Cheatham, Palermo & Garrett Law in Franklin, focuses his practice on divorce, post-divorce and custody issues and has extensive experience with appellate practice. Not only is he dedicated to his practice but he’s dedicated to the Franklin community. Besides his more than 25 years of experience as a family attorney, he is locally recognized for his avid volunteer work, having served as the chair of the Nashville Bar Association’s Family Law Committee as well as two terms as the chair of the Nashville Bar Association’s Continuing Education Committee. He also directly led the effort to purchase, restore and re-open the Franklin Theatre for which he received The Heritage Foundation of Franklin and Williamson County’s 2011 Patron Award.

 

GoldBarry L. Gold, a founding partner of Gold & McWilliams in Chattanooga, has been selected for inclusion in the 2010, 2011, and 2012 Mid-South Super Lawyers®, in the area of family law, an honor bestowed on only 5% of the lawyers in Tennessee. Mr. Gold practices almost exclusively in the areas of family law and mediation, and is a frequent speaker and lecturer on family law and related topics before a variety of professional groups. Mr. Gold chaired the 2010–2011 Tennessee Bar Association Family Law Section, and the 2010-2011 Chattanooga Bar Association’s Family Law Section. He was the chair of the Tennessee Bar Association's Family Law Section 2003-2004, and he has been a member of the Tennessee Bar Association's Family Law Executive Committee since 2002. Since 2007, Mr. Gold has served as a hearing officer for the Tennessee Board of Professional Responsibility. In 2005, Mr. Gold served as a member of the Tennessee Department of Human Services Income Shares Advisory Committee. Since 1983, Mr. Gold has been licensed to practice in Tennessee and Georgia. He received his A.B. degree magna cum laude and his J.D. degree cum laude from the University of Georgia, where he was elected to the Order of Barristers and Phi Beta Kappa.

 

HollinsJohn Hollins, Jr., is president and managing partner of Hollins, Raybin & Weissman in Nashville. For more than 25 years, Mr. Hollins has been a domestic relations and personal injury trial attorney with the firm. Mr. Hollins joined the firm immediately after graduation from the University of Tennessee Law School in 1987. He chose to work with the firm so he could learn from the cream of the crop and work side-by-side with his father. Since then, he has tried close to 75 personal injury cases and countless family law cases. His law practice is now devoted exclusively to family law. Mr. Hollins has been listed in Best Lawyers in America® in the field of domestic relations from 2003 to the present. He has also been listed in the Nashville Business Journal’s “Best of the Bar” in the filed of domestic relations from 2003 to the present and in Mid-South Super Lawyers® Family Law Section from 2008 to the present. While litigation is a big part of his family law practice, he also prides himself in the ability to negotiate and mediate cases. In 2011, Mr. Hollins published the book Surviving Divorce: A Lawyer’s Common Sense Guide To What You Should Know Before, During, And After A DivorceThe book is an easy-to-understand manual to help clients, family members and friends survive the trials and tribulations of divorce with their dignity intact.

 

JohnsonCathy Speers Johnson is a partner at Thompson Burton PLLC in Nashville. For more than 20 years, she has represented clients across Middle Tennessee in matters of family law. Prior to joining Thompson Burton, Cathy practiced at Stites & Harrison PLLC in their Nashville office for 13 years. Her exemplary approach to the practice of law makes her stand out in her field as one of the Best Lawyers in America® in the area of family law. Ms. Johnson understands that just as no two marriages are the same, no two divorces are the same. She has extensive experience representing clients with complex assets and complex issues, and she takes the time to learn about her clients’ lives and needs. Children, no children, step children, parenting time, parental relocation, child support adjustment – there are many factors to consider in a divorce or post-divorce action, and her vast experience is a comfort to her clients. They know that she has the skill and knowledge to fully protect their interests, no matter how complex their individual situation may be. Ms. Johnson has a strong client base that includes high profile individuals and clients of significant wealth. She has tailored her practice to strictly matters of family law, allowing her to take the time necessary to really focus on her clients, their issues and their needs.

 

KwellerStanley A. Kweller is a member of Jackson, Kweller, McKinney, Warden, Lewis & Hayes in Nashville. A majority of his legal experience involves litigation and trials in the civil and criminal arenas. Mr. Kweller has had an active trial practice, including jury and non-jury trials at all levels including federal and state courts and appellate matters. He spent 10 years as a criminal prosecutor. Mr. Kweller’s current practice is a mixture of domestic relations law (including child support, custody and visitation, divorce, and mediation and collaborative law), general civil litigation (personal injury work), commercial litigation, employer/employee litigation, criminal law, and business and commercial law. He is admitted to practice before the U.S. District Court, Middle and Eastern districts. Mr. Kweller earned his B.A. degree from Emory University and his J.D. degree from the University of Tennessee College of Law.

 

MosesMarlene Moses, founding Manager of MTR Family Law, PLLC, in Nashville, has long been recognized as an outstanding family law practitioner. She is Board certified as a Family Law Trial Specialist by the National Board of Trial Advocacy. Best Lawyers in America® has included her in its publication as a specialist in family law and she is named as a Mid-South Super Lawyer in its yearly publication. A certified Fellow of the American Academy of Matrimonial Lawyers (AAML) and past President, she met the stringent requirements of membership. The approximately 1,600 AAML Fellows across the United States are recognized by judges and attorneys as preeminent practitioners with a high level of knowledge, skill, and integrity. Ms. Moses is one of only 100 members across the country who was selected as a Diplomate of the American College of Family Trial Lawyers and she serves on its Executive Committee. Serving as Vice-President of the International Academy of Matrimonial Lawyers, her practice is international, as well. She was designated as the first Family Law Specialist in the State of Tennessee by the Tennessee Commission on Continuing Legal Education and Specialization. She is Board Certified as a Family Law Trial Specialist by the National Board of Trial Advocacy.

 

RichterR. Linley Richter, Jr., is an attorney at the law firm of Richter & Rasberry, P.C. in Memphis. The firm also has an office in Brentwood. Mr. Richter began the private practice of law in 1992. He and several other attorneys formed what is now the law firm of Richter & Rasberry, P.C., in 2002. He currently concentrates his practice mainly in the area of domestic law; which includes divorce, child custody, child support, alimony, adoption and dependent and neglect. He also handles complex catastrophic injury and wrongful death cases. Mr. Richter earned his B.S. degree from Middle Tennessee State University and his J.D. degree from the University of Memphis. He is a member of the Memphis, Tennessee and American bar associations; and the past president of the Solo/Small Firm Section of the Memphis Bar Association.

 

RobinsonJudge Phillip R. Robinson was appointed to the Davidson County circuit court, Division III, in March 2012 to replace Judge Barbara Haynes, who retired. He was elected to the position in August 2012. Before taking the bench, Judge Robinson practiced almost exclusively in the area of divorce and family law for 34 years. He served as Chair and Vice-Chair of the Domestic Relations Committee of the Nashville Bar Association and is a member of both the Nashville and Tennessee Bar Associations. He helped draft changes in domestic legislation and has testified before various legislative committees on new domestic legislation. He is a frequent speaker at seminars dealing with divorce and family law.

 

ShepherdKevin Shepherd has more than 20 years of experience and is currently in solo practice with an office located in Maryville. He practices in the areas of family law and divorce, personal injury, criminal defense, appellate practice, and general practice. He is a Tennessee Supreme Court Rule 31 family law mediator.

 

 

SmithGreg Smith, a member of the Family Law Service Group of Stites & Harbison PLLC, in Nashville, focuses his practice primarily on divorce, custody litigation, support disputes and neglect cases. He has helped clients find and recover children abducted by former spouses and obtained help for children with disabilities. He has experience in international custody litigation in both state and federal courts. His appeals include a Tennessee Supreme Court case that set the standard for subject matter jurisdiction in child support cases. He is listed in the Best Lawyers in America ® since 2008 in Family Law. He has been named to the "Best of the Bar" by the Nashville Business Journal and has chaired the Juvenile Court Committee and the Circuit and Chancery Court Committee of the Nashville Bar Association. He served on the board of directors of the Nashville Bar Association from 2002-04.

 

SmithJudge Philip E. Smith has served as a Tennessee Circuit Court Judge in the 20th Judicial District since March 2009. He is the Presiding Judge of the Fourth Circuit Court of Davidson County. Judge graduated from the University of Tennessee College of Law in May of 1988. In October of 1988, he went to work for the Office of the District Attorney General for the 20th Judicial District. In September 1990, Judge Smith joined the Norman Law Offices and remained there until March of 2001. In March 2001, Judge Smith, along with Phillip Robinson and Teresa Webb Oglesby began their own law practice.

 

ThoringtonJacob Thorington, with Cheatham, Palermo & Garrett Law in Nashville, eagerly jumped right into practice after earning his JD degree from the University of St. Thomas School of Law in May 2007. With an impressive breadth of knowledge in the areas of divorce, post-divorce, contempt, child support modification, alimony modification, paternity, and custody cases, it’s no surprise he graduated magna cum laude. An Eagle Scout hailing from Manchester, Tennessee, and a member of the Tennessee Bar Association, the Williamson County Bar Association, and the American Inn’s of Court for Williamson County, he is very dedicated to serving others. A natural leader, he is an experienced litigator recognized for his extensive, innovative and thorough trial preparation, always being there for his clients, ready to help them resolve their family issues with his guiding advice and personable smile. Mr. Thorington has been named as a 2015 Super Lawyers Mid-South Rising Star. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Mid-South Super Lawyers® to receive this honor.

 

WoodruffJudge Joseph A. Woodruff has served as a Tennessee Circuit Court Judge in the 21st Judicial District – which consists of Hickman, Lewis, Perry, and Williamson counties – since 2014. Prior to his appointment to the bench, he was a partner at the Nashville law firm of Waller, Lansden, Dortch & Davis, where he practiced law from 1987 to 2014. He received his B.A. and J.D. degrees from the University of Alabama School of Law.

 


WrightJudge Thomas S. Wright has served the Third Judicial District – which consists of Greene, Hamblen, Hancock, and Hawkins counties – as a circuit court judge since his election in 2006. Prior to his election as circuit judge, he served as the general sessions and juvenile judge for Greene County, having been elected to that position in 1998.

Full Agenda

 

DECEMBER AGENDA

December 3 (Day 1):

8:00 a.m. to 9:00 a.m.: Valuation of Assets and Division of Property

Cathy Speers Johnson, Thompson Burton PLLC

  • Working with prenuptial and post-nuptial agreements
  • Techniques for determining a reasonable property value
  • Valuation of business interests
  • Uncovering hidden assets
  • Dividing debt
  • Managing retirement benefits
  • How to use your expert witness to identify and value property

 

9:00 to 10:00 a.m.: Protecting a Client’s Separate Assets

Judge Thomas Wright, Circuit Court, Third Judicial Circuit (Greene, Hamblen, Hancock, and Hawkins counties)

  • Commingling of property
  • Transmutation
  • Classification of separate and marital property
  • Prenuptial agreements, with a perspective on protecting or establishing a client’s property interests

 

10:00 a.m. to 10:15 a.m.: Morning Break

 

10:15 a.m. to 12:15 p.m.: Case Law and Legislative Update

Greg Smith, Stites & Harbison PLLC

Get up-to-date on the most recent decisions in the family law area from Tennessee’s appellate courts on child support, child custody, visitation, alimony, and more. As the speaker says, “Most of the important cases and all of the fun ones,” including every case in which the divorce lasted longer than the marriage. Also, get the latest on the new laws enacted during the 2015 legislative session.

 

12:15 p.m. to 1:30 p.m.: Lunch (on your own)

 

1:30 p.m. to 3:00 p.m.: Ethical Perils in Divorce Practice

Stanley A. Kweller, Jackson, Kweller, McKinney, Hayes, Lewis & Garrett

  • Controlling client relations and recognizing dishonesty
  • When withdrawal of counsel is appropriate
  • Conflict checks and avoiding conflicts of interest
  • Confidentiality and disclosure issues
  • Fee agreements – sample agreement review
  • Dealing with pro se litigant
  • Recent ethics opinions update

 

3:00 p.m. to 3:15 p.m.: Afternoon Break

 

3:15 p.m. to 4:15 p.m.: Special Issues in Military Divorce

Linley Richter, Jr., Richter & Rasberry, P.C.

  • Parenting issues
  • Child support
  • Military pension, retirement, and benefits
  • Survivor benefit plan for retired military personnel
  • Military reservists’ retirement benefits
  • Survivorship and military disability benefits
  • Continued health care
  • Contempt

 

4:15 p.m. to 5:15 p.m.: Child Custody Issues

Judge Phillip Robinson, Circuit Court, Davidson County

Judge Robinson will discuss factors that are considered in initial child custody determinations and what you need to show in modifying a child’s primary residential parent. You will also learn how psychological and custody evaluations relate to custody and visitation decisions.

 

December 4 (Day 2):

8:00 a.m. to 9:00 a.m.: What Family Law Attorneys Need to Know About Attorney Fees and Contempt

Judge Joseph Woodruff, Circuit Court, 21st Judicial District (Hickman, Lewis, Perry, and Williamson counties)

Learn from a trial judge and former family law practitioner what you need to know about collecting attorney fees in family law matters and how to use civil and criminal contempt for violation of orders.

 

9:00 a.m. to 10:00 a.m.: Discovery in Divorce

Jacob Thorington & David Garrett, Cheatham, Palermo & Garrett Law

  • Social media tips and tricks
  • Discovery of electronic communications
  • Locating hidden assets
  • Model letters and motions (with sample forms)
  • Discovery abuses and remedies

 

10:00 a.m. to 10:15 a.m.: Morning Break

 

10:15 a.m. to 11:15 a.m.: Rainmaking 101 for Family Law Attorneys

John J. Hollins, Jr., Hollins, Raybin & Weissman PC

Mr. Hollins will offer tips on how an attorney can become a successful “rainmaker” by bringing in new business and marketing yourself and your firm to new clients by creating an intelligent business development plan. You’ll get tips on successful web site development and how to use social media to your utmost advantage.

 

11:15 a.m. to 12:15 p.m.: Hot Topics from the Bench and Bar

Judge Robert L. Childers, Shelby County Circuit Court; Amy Amundsen, Rice, Amundsen & Caperton, PLLC

Learn from the bench and bar about some of the “hottest” topics in Tennessee family law, including mental health records in custody cases, and the latest on e-discovery.

 

12:15 p.m. to 1:30 p.m.: Lunch (on your own)

 

1:30 p.m. to 3:00 p.m.: Ethics from the Bench and Bar

Judge Robert L. Childers, Shelby County Circuit Court; Amy Amundsen, Rice, Amundsen & Caperton, PLLC

Hear from an experienced trial judge and an experienced attorney about some of the most difficult ethical issues facing family law practitioners today.

 

3:00 p.m. to 3:15 p.m.: Afternoon Break

 

3:15 p.m. to 4:15 p.m.: Mediation and Divorce: An Effective Approach to Family Law

Kevin Shepherd, Maryville attorney

  • Mediation requirements
  • Case law update on mediation
  • Practice pointers
  • Domestic violence cases and mediation
  • Restraining order vs. protective order

 

4:15 p.m. to 5:15 p.m.: Non-Traditional Families, Never-Married Parents, and Co-Parenting Issues

Marlene Moses, MTR Family Law, PLLC

  • Cohabiting couples/domestic partnerships/civil unions/same-sex marriages
  • Dissolution of the non-traditional family
  • Benefits extended (health insurance, FMLA, etc.)
  • Joint home ownership absent any written agreement
  • Tax considerations
  • End of life and inheritance issues
  • Balancing the parents’ rights and children’s needs
  • Grandparent rights and guardianships
  • Paternity fraud and paternity rights
  • Short-term and long-term goals for parenting
  • Current research to help determine the best parenting schedules

 

 
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