The 9th Annual Law Conference for Tennessee Practitioners - Materials Only
Held in Franklin, Tennessee (just south of Nashville)
Thursday & Friday, November 12 & 13, 2015
Marriott Franklin/Cool Springs
700 Cool Springs Blvd.
Featuring an all-star cast of prominent Tennessee judges and attorneys.
* Order your conference materials today!
- Overview of Tennessee’s new business court
- Recent developments in healthcare liability
- Use of judgment liens on real and personal property
- Family law highlights
- Tips on handling uninsured/underinsured motorist claims
- Sophisticated deposition strategies
- Rules that practitioners seldom encounter
- Representing a client in a business divorce
- Using websites and social media to promote your law practice
- Probating wills and administering estates
- Pretrial motion practice
- The deferential abuse of discretion standard of review
- Update from the Board of Professional Responsibility
- Ethics and evidence
- Professionalism in the practice of law
Attend this two-day satisfaction-guaranteed event and enhance your professional skill set.
Get the latest on these topics:
- Business court. Get an overview from Chancellor Ellen Hobbs Lyle about the practice and procedures in the state’s new business court.
- Updates. Get up to date on the latest developments in the areas of healthcare liability, family law, and uninsured/underinsured motorist practice.
- Pretrial motions. Get practice pointers from Circuit Judge Joe Binkley on oral and written skills to use in filing and presenting various pretrial motions.
- Standard of review. Learn the ins and outs of the deferential abuse of discretion standard of review from Court of Appeals Judge Frank Clement.
- Judgment enforcement. Get tips and strategies for collecting a judgment.
- Procedure. Get practice tips on the use of depositions, rules that practitioners may not know about, the interaction of ethics and evidence, the probate process, and representing a client in a “business divorce.”
- Online marketing. Learn how to use websites and social media to promote your law practice.
- Board of Professional Responsibility. Get an insider’s perspective from the Chief Disciplinary Counsel on the Board’s recent developments.
- Professionalism in the practice of law. Gain insight from Chancellor Russell Perkins on displaying professionalism in the practice of law.
- Judge Frank Clement, Court of Appeals, Middle Section
- Judge Joseph P. Binkley, Circuit Court, Davidson County
- Chancellor Ellen Hobbs Lyle, Chancery Court, Davidson County
- Chancellor Russell T. Perkins, Chancery Court, Davidson County
- David Anthony, Bone McAllester & Norton PLLC
- Laura Baker, Law Offices of John Day P.C.
- Dale Conder, Rainey Kizer Reviere & Bell PLC
- Dan Coughlin, Massengill, Caldwell & Coughlin PC
- Griffin Dunham, Emerge Law PLC
- Sandy Garrett, Chief Disciplinary Counsel, Board of Professional Responsibility
- Candi Henry, Dodson Parker Behm & Capparella PC
- Randy L. Kinnard, Kinnard, Clayton & Beveridge
- Brenton H. Lankford, Stites & Harbison PLLC
- Matt Potempa, Martin Heller Potempa & Sheppard
- Richard Spore, Bass, Berry & Sims PL
- Registration begins at 7:30 a.m. The conference begins at 8 a.m. and concludes at 5:15 p.m.
- (There will be morning and afternoon breaks each day, and attendees will have 1 hour and 15 minutes for lunch on their own)
- $247 Materials Only
David M. Anthony, with Bone McAllester & Norton PLLC in Nashville, concentrates his practice in the areas of bankruptcy, commercial litigation, creditors’ rights, construction and lien litigation. Experienced in Tennessee debt collection and Tennessee collection laws, Mr. Anthony represents creditor clients throughout Middle Tennessee in state, federal and bankruptcy courts.
He also has significant experience representing financial institutions throughout the loan transaction process, including loan documentation and renewals, as well as loan re-works and reorganizations. He is a regular author and guest speaker on topics related to bankruptcy, post-judgment collections strategy, foreclosures, ethics and trial practice. He also maintains and publishes a blog, CreditorsRights101.com, and corresponding Twitter feed (@creditorlaw), both of which focus on creditor issues in the law. Mr. Anthony has been named as a “Rising Star” by Mid-South Super Lawyers.
Laura Baker is a Shareholder with the Law Offices of John Day in Brentwood where she handles personal injury, wrongful death, and tort litigation for individuals across the state of Tennessee. In her practice, Ms. Baker represents people who have been seriously injured as a result of the carelessness of others. She also represents families who have suffered the loss of a loved one in wrongful death accidents. Her reputation and experience have earned her the AV® Preeminent™ ranking from Martindale-Hubbell through its peer-review system, which indicates a ranking at the highest level of professional excellence.
In 2015, she was a winner of the Nashville Business Journal’s “40 Under 40” award. Hundreds of professionals were nominated and she was chosen based on her professional accomplishments as well as her community involvement. She was also recognized as one of the “Best of the Bar” by the Nashville Business Journal in 2015. She has also been selected as a Mid-South Super Lawyer in both 2013 and 2014, and a Mid-South Super Lawyers “Rising Star” in 2012. She served as the President of the Lawyers’ Association for Women, Marion Griffin Chapter from 2014-2015. In 2013, she was selected to the Tennessee Bar Association Leadership Law class, an honor reserved for approximately 30 lawyers across the state each year.
Judge Joe Binkley was appointed as judge of Division V of the circuit court of Davidson County in March 2008 and elected in August 2008. He hears predominantly civil cases; however, upon request, he has also been available to hear DUI criminal cases, divorce cases, chancery cases and probate cases.
Judge Binkley began his career in 1969 as an attorney in private practice. He continued to work in that capacity until his appointment to the court in 2008. Judge Binkley received his undergraduate degree from Vanderbilt University in 1966 and his JD from the Vanderbilt University School of Law in 1969.
Judge Frank G. Clement Jr. was appointed to the Middle Section of the Tennessee Court of Appeals in September 2003 by Governor Phil Bredesen. He was elected in August 2004 and re-elected two years later.
Judge Clement began his legal career in 1979 as a private practice lawyer. In 1995, he was appointed judge of the Circuit and Probate Courts of the 20th Judicial District (Davidson County). He was elected judge of Division VII of the Circuit Probate Court in 1996. He held this position until 2003, when he was appointed to the Court of Appeals. From 1968 to 1974, Clement served in the Tennessee Air National Guard.
Dale Conder is a Member of Rainey, Kizer, Reviere & Bell, P.L.C., in Jackson. Mr. Conder has significant experience in the areas of employment law (representing employers only), personal injury litigation, and federal civil rights litigation. He also has significant experience in appellate advocacy.
Mr. Conder has represented a number of police departments and municipalities in 42 U.S.C. 1983 litigation. Mr. Conder is a member of the firm’s Tort and Insurance Practice Group and the Employment Law Practice Group. He also serves as the firm’s ethics partner. He has been associated with Rainey Kizer since receiving his JD, with honors, in 1992 from the University of Tennessee College of Law.
Daniel D. Coughlin is a member of Massengill and Caldwell, P.C., in Bristol, where he also serves as President of the Bristol Bar Association. He has a general civil practice concentrating in insurance defense, torts, probate, and appellate work. Before entering private practice, Mr. Coughlin worked as a judicial law clerk for the Tennessee Court of Appeals from 1994-95. He has been certified as a Civil Trial Specialist by the National Board of Trial Advocacy and the Tennessee Commission on Continuing Legal Education and Specialization since 2004.
He served as chair of the Tennessee Bar Association’s General, Solo, and Small Firm Section from 2004-2006, and has served on the Executive Council of the Association’s Litigation Section since 2003. Mr. Coughlin is a past president of CASA for Kids, Inc. and the Kingsport Kiwanis Club.
Griffin Dunham, with Emerge Law PLC in Nashville, is both a seasoned litigator and bankruptcy practitioner. As a business litigator, Griffin has over 50 trials under his belt and over 10 years of experience which includes representing large and small businesses, business owners and officers, borrowers, guarantors, private equity investment firms, property management companies, risk management companies, commercial landlords, healthcare facilities, medical field companies, electric and construction businesses, businesses, and a billion dollar publicly traded company. As a workout and bankruptcy lawyer, Mr. Dunham’s experience is focused on working with lenders, borrowers, and creditors to create solutions that maximize the client’s investment return and minimize the transactional risks.
If the nature of the insolvency leads to bankruptcy, his experience is comprehensive, including prosecuting and defending complex adversary proceedings, claim litigation, stay relief actions, preferences and fraudulent transfers, first day motion practice, motions to appoint a trustee, asset valuation, lien avoidance, non-dischargeability defenses, plan and disclosure statement drafting, negotiating plan treatment, closing asset sales and financing arrangements, and contested plan confirmation hearings.
Sandy Garrett is Chief Disciplinary Counsel for the Board of Professional Responsibility of the Supreme Court of Tennessee. Sandy has been with the Board of Professional Responsibility since October, 1992. She earned her J.D. degree from Vanderbilt University in 1989.
She is the former Chairperson of the Tennessee Bar Association Young Lawyers Ethics Committee and Co-Chair of the American Bar Association Young Lawyers Section Ethics Committee and is currently a member of the Harry Phillips American Inn of Court. Sandy has supervised the Board’s litigation section and was instrumental in developing and implementing the Board of Professional Responsibility’s diversion program.
Candi Henry is Of Counsel with Dodson Parker Behm & Capparella, PC, in Nashville. She advises municipal agencies, companies, and individuals on a wide range of business, employment, and contract matters. Her litigation practice focuses on handling appeals. In 2014, she was included on Mid-South Super Lawyers “Rising Star” List – a designation limited to 2.5% of attorneys in the state. She is in-demand as an author and speaker and has presented CLE seminars for organizations such as Tennessee Attorneys Memo, the Tennessee Association of Construction Counsel, the Legal Aid Society of Middle Tennessee and the Cumberlands, and Belmont University College of Law.
Since 2008, she has been Associate Editor of the Tennessee Tort Law Letter, a monthly publication providing case summaries and analysis to attorneys across the state. She is also Assistant Editor of the Tennessee Appellate Practice Handbook and has served as an Assistant Editor of the Tennessee Practice Series. After law school, Ms. Henry served for over two years as a judicial law clerk to the Honorable William C. Koch, Jr., clerking for Justice Koch on both the Tennessee Court of Appeals and the Tennessee Supreme Court. For four summers, she taught for Duke University’s Talent Identification Program, and she has served as an adviser to Vanderbilt University’s Programs for Talented Youth. She is also Adjunct Professor of Negotiation and Conflict Management through Tennessee Tech University and an Instructor of Legal Writing at the Nashville School of Law. She served two terms as co-chair of the Nashville Bar Association’s Appellate Practice Committee.
Randy Kinnard, of Kinnard, Clayton & Beveridge in Nashville, won a $22 million jury verdict in Chattanooga in 2010 for a lady who became paralyzed as a result of medical malpractice. He was inducted into the Inner Circle of Advocates in August 2010. He was voted the lawyer they would most want to represent them in a medical malpractice case by Middle Tennessee lawyers, said Business Nashville, December 1999. Best Lawyers named him “Personal Injury Lawyer of the Year” for 2013 in Nashville.
Mr. Kinnard is certified as a Civil Trial Specialist by the National Board of Trial Advocacy and by the Tennessee Commission on Continuing Legal Education & Specialization. He is also a Certified Medical Malpractice Specialist. He has tried over 250 jury trials and won many record-setting verdicts for his clients in over 30 years of practice. Before entering law school, he attended West Point and served in the 173rd Airborne Brigade inVietnam as a Lieutenant, airborne ranger. He was awarded the Vietnamese Cross of Gallantry, the Bronze Star for Valor, Purple Heart, and Air Medal for 28 air assaults in combat during his two tours inVietnam.
Brent Lankford is an associate attorney in the Nashville office of Stites & Harbison PLLC. He practices primarily in the field of domestic relations, assisting clients with divorce and post-divorce matters, including issues of child custody, child support, alimony, and financial and property disputes.
He joined Stites & Harbison after practicing domestic relations with Martin Heller Potempa & Sheppard, PLLC, in Nashville. Prior to that, he served as the Judicial Clerk to the Judges of the 21st Judicial District of Tennessee, which includes Williamson, Hickman, Perry, and Lewis counties. He authored, along with Judge James G. Martin III, “Richards on Tennessee Family Law 2013 Update,” (Benjamin Speaker ed. 2013), Matthew Bender, Third Ed., July 2013.
Chancellor Ellen Hobbs Lyle was appointed to Part III of the Chancery Court of Davidson County in 1996. She was elected Part III chancellor in 1998 and re-elected in 2006.
Chancellor Lyle will preside over the state’s first Business Court, which began taking cases on May 1. Chancellor Lyle began her legal career at the Texas law firm of Watergate prosecutor Leon Jaworski. She returned to practice law in Nashville where she became a partner in the law firm of Trabue, Sturdivant & DeWitt in 1984. She is married to Walter Kurtz, a former senior judge for the State of Tennessee.
Chancellor Russell T. Perkins was appointed to Part IV of the Chancery Court of Davidson County by former Governor Phil Bredesen in March 2008 to replace former Chancellor Richard Dinkins. He was elected to the court later that same year and re-elected on August 7, 2014. His current term expires in 2022.
Chancellor Perkins began his career in August 1981 as an assistant attorney general in Ohio. A year later, he moved to Nashville to work as an associate for the law firm of Williams and Dinkins. He later became a partner of the firm and worked in that capacity until April 1994. He then joined the Tennessee Attorney General’s Office and worked in various capacities at that office until his appointment to the bench in 2008. He received his undergraduate degree from Tennessee State University in 1978 and his JD from the Ohio State University College of Law in 1981.
Matt Potempa, with Martin Heller Potempa & Sheppard in Nashville, has been recognized locally, statewide and nationally for his expertise in the area of trust and estate litigation. With a background in elder law, family law and business litigation, he now devotes his practice exclusively to resolving family disputes in will contests, estate litigation, conservatorships, breaches of fiduciary duty and trust disputes. He began his legal career as General Counsel for HGH Imports, a small multi- national company based in Spring Hill, Tennessee. After leaving HGH, he pursued his passion for elder law and worked as a hearing officer and later Assistant General Counsel for the Tennessee Department of Human Services. In 2009, he launched his solo practice, Law Office of Matt Potempa, PLLC.
In addition to a general practice, he focused on litigation and resolving probate, matrimonial and business disputes. In July 2013, he partnered with attorneys David Heller, Sean Martin and Jennifer Sheppard to launch Martin Heller Potempa & Sheppard, PLLC. In 2012, he was named by the Nashville Post as one of 20 “Law Leaders Rising” in the Nashville area. In 2013, he was awarded the Nashville Chamber of Commerce’s Emerging Leader Award in the Legal Services category. He is the founder of the Nashville Bar Association’s Solo and Small Firm Committee and has served on the NBA’s Public Service Committee, Lawyer Referral and Informational Service Committee, Governance Committee and Modest Means Panel. He is a frequent lecturer on topics related to Probate Administration and Litigation, Law Practice Management, Client Relations, Professional Ethics and Law Office Technology.
Richard Spore, a member of Bass, Berry & Sims PLC in Memphis, has advised hundreds of real estate investors and other capitalists on how to best reach their business objectives through three primary areas: commercial real estate and lending, business and transaction planning, and business divorce. In over 25 years of practice, Mr. Spore has represented private investors, publically traded REITs and institutional lenders in commercial real estate projects across the nation. He has been at the center of numerous high profile transactions in Memphis, including landmark buildings and projects such as International Place, Crescent Centre, Clark Tower, Overton Square and Sears Crosstown. Mr. Spore has taught business law and business planning to undergraduate and graduate business students and to law students. He has taught dozens of classes and seminars to lawyers, business executives and commercial real estate professionals and has published award-winning articles in regional and national publications.
His third book, The Guide to Business Divorce, was published by the American Bar Association in 2012. He also chaired the committees that adopted Tennessee’s current laws in the areas of limited liability companies and general partnership entities. He has been actively involved in firm management having served on the firm’s executive committee and recently been named as the managing partner of the firm’s Memphis office. He has also served on several nonprofit boards, including a two-year term as President of the Board of Directors of Memphis Botanic Gardens, where he helped lead the Board during the MBG’s construction of a world class $6,000,000+ Children’s Garden.
The 9th Annual Law Conference for Tennessee Practitioners - Full Agenda
November 12 (Day 1)
8:00 a.m. to 9:00 a.m.
Collecting the Judgment
Emerge Law PLC
Mr. Dunham will offer tips and strategies for collecting a judgment.
- Use of judgment liens on real property
- Use of judgment liens on personal property
- Self-help repossession
- Writs of execution, seize and sale by sheriff, creditor priority
- Wage garnishment
- Exemptions by debtor
- Fraudulent conveyances
9:00 a.m. to 10:00 a.m.
Pretrial Motion Practice
Judge Joe Binkley
Circuit Court, Davidson County
- Motions for summary judgment
- Motions in limine
- Motions to dismiss
- Motions to amend
- Practice pointers on oral and written skills needed to file and present various pretrial motions
10:00 a.m. to 10:15 a.m. (Morning Break)
10:15 a.m. to 11:15 a.m.
The Deferential Abuse of Discretion Standard of Review
Judge Frank Clement
Court of Appeals, Middle Section
Judge Clement will review some of the key components and concepts in the deferential abuse of discretion standard of review, TRCP 52.01. You will learn:
- The abuse of discretion standard is a “review constraining concept” implying less intense appellate review with less likelihood of reversal on appeal, but the deferential standard does not immunize such decisions from meaningful appellate review.
- The abuse of discretion standard has become “muddied and imprecise with the passage of time,” and why a relatively new three-prong analysis provides a more practical standard.
- The rationale for the TRCP 52.01 mandate, which requires trial courts to “find the facts specially” and “state separately its conclusions of law” in cases tried without a jury, is to afford the reviewing court a clear understanding of the basis of the trial court’s decision.
- A record which includes the requisite findings of fact and conclusions of law enhances the authority of the trial court’s decision.
- Failure to comply with TRCP 52.01 not only impairs the review process but may impact the reviewing court’s deference to a discretionary decision.
- What you should do when the trial court fails to make any (or sufficient) findings of fact.
11:15 a.m. to 12:15 p.m.
The Rules You Don’t Know You Don’t Know
Dodson Parker Behm & Capparella PC
Ms. Henry will go over some rules of civil procedure, appellate procedure, evidence, court rules, and standards of review that practitioners don’t often encounter but tend to mess up when they do.
12:15 p.m. to 1:30 p.m. (Lunch on your own)
1:30 p.m. to 2:30 p.m.
Recent Developments in Healthcare Liability
Randy L. Kinnard
Kinnard, Clayton & Beveridge
Mr. Kinnard will review recent developments in healthcare liability, including recent appellate court decisions on compliance with pre-suit notice and certificate of good faith requirements.
2:30 p.m. to 3:15 p.m.
Sophisticated Deposition Strategies
Law Offices of John Day P.C.
Ms. Baker will walk you through some sophisticated deposition strategies and show you how to prepare your client, a witness, or an expert for an upcoming deposition. She will offer tips on taking the deposition, handling objections, defending the deposition, and using the deposition at trial.
3:15 p.m. to 3:30 p.m. (Afternoon Break)
3:30 p.m. to 4:30 p.m.
The Probate Process
Martin Heller Potempa & Sheppard
- Initial considerations and steps
- Roles and responsibilities
- Situs and ancillary probate
- Forms of administering an estate
- Laws of intestacy and heirship
- Exceptions to succession: Blended families and more
- Executor appointment and taxpayer ID number
- Filing petition to admit will to probate
- Notice to interested parties
- Waivers and consent rejections
- How to manage the non-professional executor
- Lost wills, partial revocations, and trends in will and trust contests
4:30 p.m. to 5:15 p.m.
The Attorney’s Online Marketing Essentials: Using Websites and Social Media to Promote Your Practice
Bone McAllester & Norton PLLC
- What is social media and who wants to be Facebook friends with their lawyers?
- Law firm website essentials
- Lawyer blogs
- Other online marketing options (advantages/disadvantages of each)
November 13 (Day 2)
8:00 a.m. to 9:00 a.m.
Ethics and Professionalism
Chancellor Russell Perkins
Davidson County, Chancery Court
Chancellor Perkins shares insights about the responsibility of attorneys to display professionalism in the practice of law – both inside and outside the courtroom.
9:00 a.m. to 10:00 a.m.
Current Developments from the Board of Professional Responsibility
Chief Disciplinary Counsel
Board of Professional Responsibility
- Amendments to Supreme Court rules
- Recent Supreme Court disciplinary decisions and other discipline concerning, in part, trust account issues and how to avoid them
10:00 a.m. to 10:15 a.m. (Morning Break)
10:15 a.m. to 11:15 a.m.
Ethics and Evidence: What Every Attorney Needs to Know
Rainey Kizer Reviere & Bell PLC
Mr. Conder will discuss some ethical issues that arise when applying the rules of evidence, such as:
- Complying with time restraints
- Facilitating efficiency, reliability and overall fairness of the adversary process
- Asserting and challenging privileges
- Abusive litigation practices and their remedies
- Keeping the client informed
- What to do when your client is dishonest
11:15 a.m. to 12:30 p.m. (Lunch on your own)
12:30 p.m. to 1:30 p.m.
Representing a Client in a Business Divorce
Bass, Berry & Sims PLC
A “business divorce” occurs when the business owners conclude that the benefits of continuing their business relationship are outweighed by the costs (economic or human) to such an extent that continued ownership of the business is no longer an option. Let Richard Spore, the author of The Guide to Business Divorce, walk you through the process of closing a business in Tennessee.
1:30 p.m. to 2:30 p.m.
Handling Uninsured and Underinsured Motorist Claims
Massengill, Caldwell & Coughlin PC
Mr. Coughlin will offer some practical tips for dealing with uninsured/underinsured motorist claims.
- Uninsured motorist versus underinsured motorist
- Determining which policy applies to afford uninsured/underinsured (UM) coverage
- Service of process on UM carriers
- Service of process on uninsured motorist
- Damages and offsets
- When liability limits are offered
- Dismissal of UM carrier
- Insurer’s subrogation interest
- Other states
2:30 p.m. to 2:45 p.m. (Afternoon Break)
2:45 p.m. to 4:00 p.m.
Family Law Highlights
Stites & Harbison PLLC
Mr. Lankford gets you up to date on highlights in the family law area.
4:00 p.m. to 5:15 p.m.
The Tennessee Business Court Now Open for Business
Chancellor Ellen Hobbs Lyle
Davidson County Chancery Court
The new Davidson County Business Court began taking cases on May 1. The business court will have procedures, technology, and dockets specifically designed for and adapted to business cases. Chancellor Lyle will answer these questions:
- What is the business court?
- How is a Davidson County case assigned to the business court?
- How is a case from a county other than Davidson County assigned to the business court?
- What cases are eligible to be heard in the business court?
- What cases are excluded?
- What are some of the features of the court?