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1 Nashville Bar Journal May VOL 14, NO. 4 Law Day Summary American Democracy and the Rule of Law: Why Every Vote Matters Law Day Art & Essay Contest Helping Newly Admitted Lawyers Find Careers in Today s Market John Rader

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3 A Monthly Publication of the Nashville Bar Association Articles 6 Law Day Summary American Democracy and the Rule of Law:. Why Every Vote Matters 9 Law Day Art & Essay Contests 10 Helping Newly Admitted Lawyers Find... Careers in Today s Market John Rader Law Day Speech Alberto R. Gonzales Columns 12 Gadget of the Month Bill Ramsey, Neal & Harwell, PLC Phillip Hampton, LogicForce Consulting Departments 2 From the President 4 Communique Golf Tournament Memorial Service Ode to Otha Golden Oldie Reveal Upcoming Events CONTINUING LEGAL EDUCATION CENTER SECTION 18 Disclosure - Announcements Kudos People on the Move Firm News In Memory 20 Classified Listings Golden Oldie Identify the individuals in the photo. Be the first to the correct answer to nikki. and your name (along with your correct entry) will appear in next month s issue. NBA Calendar of Events MAY 19-11:30 AM Probate Committee Meeting MAY PM Ethics Committee Meeting MAY 21-11:30 AM Business Law Committee Meeting MAY PM Community Relations Committee Meeting MAY 22-11:00 AM LRIS Committee Meeting MAY PM NBF Trustees Meeting MAY PM NBF Trustees Meeting MAY 27-11:30 AM Appellate Practice Committee Meeting JUNE 3-3:30 PM NBA Board Meeting JUNE 5-3:30 PM Diversity Committee Meeting JUNE 10-11:30 AM LAW Committee Meeting JUNE PM NALS Meeting JUNE 12-11:30 AM CLE Committee Meeting JUNE 16-11:30 AM Probate Committee Meeting JUNE PM Ethics Committee Meeting Committee Meetings are held at the NBA Offices unless otherwise noted l o= Special Event l Full Calendar online at

4 ' A Monthly Publication of the Nashville Bar Association Charles K. Grant, Publisher William T. Ramsey, Editor-in-Chief Eleanor Wetzel, Managing Editor Journal Staff: Nikki Gray, Director of Communications Tina Ashford, Communications Coordinator Editorial Committee: Kelly L. Frey Kathleen Pohlid Tim Ishii Tracy Kane Everette Parrish Bill Ramsey Rita Roberts-Turner Eleanor Wetzel David Winters Victoria Webb Nashville Bar Association Staff Gigi Woodruff Executive Director Tina R. Ashford Communications Coordinator Susan W. Blair Director, Continuing Legal Education Shirley Clay Finance Coordinator Wendy K. Cozby Lawyer Referral Service Coordinator Nikki R. Gray Director of Communications Traci L. Hollandsworth Programs & Events Coordinator Malinda Moseley CLE Coordinator Judy Phillips CLE Coordinator Vicki Shoulders Membership Coordinator/Office Manager The Nashville Bar Journal, ISSN , is published monthly by the Nashville Bar Association at 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219, (615) Periodicals Postage Paid, Nashville, TN (USPS ). Subscription price: $25 per year. Individual issues: $5 per copy. POSTMASTER: Send address corrections to Nashville Bar Journal, 150 Fourth Avenue North, Suite 1050, Nashville, TN No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. The Nashville Bar Journal is not responsible for the return or loss of unsolicited manuscripts or for any damage or other injury to unsolicited manuscripts or artwork. All Articles and Letters contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association. Nashville Bar Association 150 Fourth Avenue North Suite 1050 Nashville, TN Fax From the President Lawyers Must Lead Against Unfair Attacks on the Tennessee Supreme Court by: Charles K. Grant We must never forget that the only real source of power that we as judges can tap is the respect of the people. Thurgood Marshall U.S. Supreme Court Justice ( ) We've heard the rumors for months. A group primarily funded by powerful special interests outside the State of Tennessee will launch a high-profile campaign through a series of attack ads in an attempt to unseat Tennessee Supreme Court Justices Cornelia A. Clark, Sharon G. Lee and Gary R. Wade. These three justices are the only current members of our Court who wish to continue serving and all are on the August 7 ballot for a retention vote by the public. Justices Clark, Lee, and Wade have been vetted by the diverse and bipartisan Judicial Performance Evaluation Commission. That commission voted 26-1 to strongly recommend that all three justices be retained (Wade, 9-0; Clark, 8-1; and Lee, 9-0). The Commission conducted an extensive examination of the record of each justice over the last eight years and found it to be excellent. The Commission engaged in a probing, careful, time-consuming, and open process (that included multiple public hearings) before reaching its conclusions. The assault on the independence of the Supreme Court is being led by Lt. Governor Ron Ramsey. It should be noted that Lt. Governor Ramsey appointed several members of the nine-member Commission. In leading this attack, he has circulated a 38-page PowerPoint presentation on the Supreme Court that is- -to put it mildly--grossly misleading. (This document can be found at https:// Former Tennessee Supreme Court Chief Justice William "Mickey" Barker has aptly described the seriousness of the matter in stating that the effort to unseat the three justices is nothing less than "an attack on the entire judicial system." 1 The Signal Mountain Republican, who served nearly seven years on the state's highest court, called the effort led by Ramsey a "frightening" attempt to turn the judicial branch in another "partisan branch of the government." As Chief Justice Barker further remarked, "We have three branches of government. Each is to be co-equal and each is to be separate. Two of those branches are political branches--the legislative and the executive. And the judicial branch is nonpolitical." Lawyers should defend the courts from unfair attacks. 2 Such attacks can undermine the public's respect for the courts. Appellate judges are relatively easy political prey. They are proscribed by ethical rules from commenting on how they will rule. They are restricted from commenting on cases that might come before them, or have come before them, lest the cases return. Their written opinions easily can be cherry picked so that they are portrayed in the most misleading light. Bottom line, these justices are running into a political campaign with their hands tied behind their backs. 2 Nashville Bar Journal - May 2014

5 As lawyers, we understand the challenges faced by these justices in such a race, and it is our duty to stand up and defend them. We must be the voice for an independent judiciary. Over the next week or so, information will be provided to the Bar responding to the specific misleading and unfair attacks on the justices' record found in Lt. Gov. Ramsey's PowerPoint. In the meantime, I urge you to support the retention effort every way you can. Make the case for retention by addressing the issue publicly, be it in your house of worship or neighborhood community center. Volunteer to speak on the issue at organizations such as the Kiwanis Club, Lion's Club, Rotary Club, and so on. We should make it a point to host talks in our homes where we invite our family, friends, and neighbors. We also can use our internet groups to spread the word. Five of the leading lawyers of our Bar, members of both political parties, four of whom are a former justice or judges, are standing up in a bipartisan way to defend these justices. Lew Conner, Frank Drowota, Robert Echols, Hal Hardin and Aubrey Harwell are hosting a meeting at Waller on Wednesday, May 14, at 5:30 p.m., and will be seeking financial contributions. I hope that I will see you there, and that you will give as much as you can, up to $3,800, to each of the justice's campaigns. Bring your friends and colleagues. If you cannot attend, please send your check through someone else. We do not want to wake up on August 8 and wish we had done more. Will you stand up and be counted? 2014 NBA BOARD OF DIRECTORS Charles K. Grant, President Edward D. Lanquist, Jr., President-Elect Dewey Branstetter, First Vice President John C. McLemore, Second Vice President Thomas J. Sherrard, Immediate Past President Stacey Billingsley Cason, Secretary Nicole James, Treasurer Hon. Joe B. Brown, Assistant Treasurer Gareth Aden, General Counsel Hon. Joe P. Binkley, Jr. Kathryn S. Caudle Irwin J. Kuhn Claudia Levy Hon. Randal S. Mashburn Jeffrey Mobley Andrea P. Perry Matt Potempa Sara F. Reynolds Nathan H. Ridley Maria M. Salas Saul Solomon Jocelyn A. Stevenson Overton Thompson, III M. Bernadette Welch Got an Idea for an NBJ Article? We want to hear about the topics and issues readers think should be covered in the magazine. Send it to (Endnotes) 1 Andy Sher, Tennessee Supreme Court Chief Justice Barker claims some in state GOP targeting Democrat justices, Chattanooga Times Free Press, May 8, 2014, available at may/08/tennessee-supreme-court-chief-justice-barker-claim/?local. 2 See, e.g., Comment, R. Prof. Cond ("[3] To maintain the fair and independent administration of justice, lawyers are encouraged to continue traditional efforts to defend judges and courts unjustly criticized and to responsibly speak out when necessary to prevent or rectify injustice or to promote needed improvements in the judicial system.") NASHVILLE BAR ASSOCIATION Each day, we work hard to help people and businesses in our community. The NBA has a wide variety of services and programs that can help lawyers work smarter, stay informed and keep connected with fellow attorneys. From sole practitioners to the largest firms, from legal aid attorneys to those in private practice, the NBA supports all of us so we can better serve our clients and the justice system. Our Bar Association is much more than just a collection of services. The power of our membership lies in the power of the people. WE are the Bar. And together, we shape the future of the legal profession. Nashville Bar Journal - May

6 communiqué Belmont Law SBA Raises $5,000 for Tennessee Justice Center IS YOUR TEAM REGISTERED YET? The 2014 NBA/NBF Golf Tournament is set for Thursday, May 15, 2014 at the Vanderbilt Legends Club in Franklin, TN. Range balls will be available at Noon with a Shotgun start at 1PM. We will have a Cookout and Prizes at the conclusion of Play. There will be team prizes and individual contests (longest drive, longest putt, closest to pin, etc.) Registration form is available on page 18 or you can go online to to register yourself or a team. Late fees apply after Thursday, May 8, If you have any questions, you can contact Traci Hollandsworth at the NBA ( or On April 12, the Belmont University College of Law's Student Bar Association held its 2nd Annual Barristers' Ball in the Grand Ballroom of the Music City Center in downtown Nashville. At this year's Barristers' Ball, law students raised $5,000 to benefit the Tennessee Justice Center (TJC). SBA President Nate Drake presented a $5,000 check to Michele Johnson, co-founder and Executive Director of the Tennessee Justice Center. The SBA continued its annual commitment to have law students raise money and vote on a local non-profit organization to benefit from the fundraising efforts leading up to the Barristers' Ball. TJC seeks justice for Tennessee's vulnerable populations through the courts, in administrative proceedings and before legislative bodies. TJC provides technical assistance to client groups, consumer advocacy coalitions and other social service agencies. The donation from Belmont Law will not only further what the TJC is currently advocating and working towards as an organization, but it will develop a long-term relationship between Belmont Law and the TJC. This relationship will provide more opportunities for pro bono events, legal internships for law students, and more. To find out more about the Tennessee Justice Center, visit NBA Memorial Service May 15, 2014 Downtown Presbyterian Church The Nashville Bar Association's annual spring Memorial Service will held on Thursday, May 15, 2014, at the Downtown Presbyterian Church. The service begins at 11 a.m. There will be a reception immediately following the service in the church's Fellowship Hall. Attorneys to be honored: J.L. (Jack )Thompson Brannon Huddleston Aaron Wyckoff Charles Craig Morrow Arnold Lefkovitz Samuel Butts,III James Campbell, Jr David Discenza Family members and friends of the deceased are invited to attend. 4 Nashville Bar Journal - May 2014

7 Investiture of Neal McBrayer The investiture of Neal McBrayer as judge for the Tennessee Court of Appeals is set for May 29 at 10:30 a.m. in the Historic Supreme Court Chambers at the Capitol. A reception will follow, and the public is invited to attend. -Golden Oldies Tracy Shaw correctly identified the individuals in the April Golden Oldies photo. Pictured are: Cecil Branstetter and George Barrett UPCOMING EVENTS: October 17, 2014 Tennessee Supreme Court Historical Society Cocktail Reception May 15, The Cordelle (45 Lindsley Avenue, Nashville, TN) NBA Golf Tournament Legends Club - Franklin, TN May 28, 2014 Arts Immersion - Details on page July 19, 2014 Carbolic Smoke Rock Cafe - Reverb Room (Upstairs) Nashville Bar Journal - May

8 LAW DAY LUNCHEON 2014 Approximately 400 attorneys gathered at the Downtown Renaissance Hotel on May 1 st to celebrate Law Day. Judge Frank Clement, who served as the Master of Ceremonies, welcomed the attendees and provided introductory remarks about this year s Law Day theme, American Democracy and the Rule of Law: Why Every Vote Matters. Judge Clement thanked the firm sponsors who supported today s program and First Tennessee Bank who sponsored this special event designed to recognize and celebrate the positive actions and contributions of many good people in the Nashville legal community. Such recognition began with Lucinda Smith, Director of the Volunteer Lawyers Program, and continued with Gary Housepian, Legal Aid Society Executive Director, who thanked all those who participated so far in the Campaign for Equal Justice, including the contributions of the Leadership Cabinet firms (those giving $400 per attorney). Beau Creson & Gil Schuette, Co-Chairs of the Young Lawyers Division Law Week Committee, then turned the focus to our youth, presenting awards to this year s YLD Art & Essay winners. Art contests winners are Luke Sexton, a 3rd grade student at Nashville Christian School and Savannah Woods, a 6 th grade student at DuPont Hadley Middle School. Blake Simmons, a junior at Stratford STEM Magnet High School, won the essay contest. Michael Hoskins, Co-Chair of the NBA Diversity Committee, then presented the Diversity Committee Employer Recognition Awards. These awards are part of the Nashville Bar Association s Diversity Committee Program and were created in 1994, to honor law firms and organizations that have demonstrated a continued commitment to enhancing diversity and access to professional success. Elements of the program include hiring diverse summer clerks and high school interns through the NBA programs, hiring diverse lawyers, and developing joint ventures or making referrals to diverse lawyers. The program includes three levels of recognition, depending on the level of participation: Leadership Award, Sponsorship Award, and Participant Award. Hoskins presented the following awards on behalf of the Diversity Committee: Leadership Awards Baker Donelson Bearman Caldwell & Berkowitz, PC; Bass Berry & Sims, PLC; Bone McAllester Norton, PLLC; Bradley Arant Boult Cummings, LLP; Metro Public Defender s Office; Tennessee Attorney General s Office; and Waller; Sponsorship Awards Harwell Howard Hyne Gabbert & Manner, PC and Nashville Electric Service; Participant Awards Asurion; Bridgestone Americas, Inc; Cornelius & Collins, LLP; and Sherrard & Roe, PLC. NBA President, Charles Grant, welcomed Herman Hicks, the representative in attendance from the NBA s new Official Bank Sponsor, First Tennessee Bank. He then welcomed our guests from the NBA Sister Cities Committee, here from Caen, France; including their President Monsieur Robert Apery and the Sister Cities President, Charly Badache. Grant then introduced the keynote speaker, Hon. Alberto Gonzales, who delivered a powerful, and personal, speech on this year s topic of American Democracy and the Rule of Law: Why Every Vote Matters. Speech text begins on page 14. Brian Ewald presented the Norman Award to Torry Johnson. Initiated in 1996, the Jack Norman Award is named for the legendary Nashville defense lawyer, and is presented upon the recommendation of the Criminal Law & Criminal Justice Committee and at the discretion of the NBA Board to criminal law practitioners who, 6 Nashville Bar Journal - May 2014

9 like Jack Norman himself, demonstrate respect for the rights of all individuals in the criminal justice system, exhibit trial advocacy skills and judicial skills necessary to the pursuit of justice, demonstrate an abiding respect for the law and legal profession, maintain the highest standards of professional integrity and ethical conduct, and contribute to the improvement of the legal profession and the criminal justice system, including uncompensated or under-compensated representation of the accused. Bob Mendes presented the Liberty Bell Award to the McGavock High School Aegis Science Corporation Academy of Health Science and Law. The Liberty Bell Award is given to an individual or group that has promoted better understanding of the rule of law, encouraged greater respect for law and the courts, stimulated a sense of civic responsibility, or contributed to good government. The Health Science & Law Academy is one of four at McGavock. The goals of the Academy system are to: (a) connect learning with relevant student interests; and (b) help students acquire more career and college skills. Since going to the Academy system, McGavock's 4 year graduation rate has increased 21%. Many of the 470 students in the HS&L Academy have been trained as peer educators. They teach street law to the fellow students, families and the entire McGavock community related to access to healthcare. They teach the community how to better access healthcare and, importantly, how to pursue legal rights when access to healthcare is denied. Mendes stated, The Academy of Health Science and Law plays an important role as an anchor for the community. It teaches students about the rule of law, about civility, and respect and citizenship. With recent local issues like education and transportation, the adults can drift toward yelling past each other instead of talking with each other. This award is deserved because the HS&L Academy, its teachers, its administration and its students are reminder to all of us that we have the choice about whether we are going to use public discourse to resolve honest good faith disagreements about important issues, or whether we are going to simply be disagreeable. Look for profile articles on our award winners in upcoming issues of the NBJ. Nashville Bar Journal - May

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11 Law Day Art & Essay Contests The NBA s Young Lawyers Division annually sponsors the Law Day Art and Essay Contests. The art contest is open to all Nashville area Kindergarten through 8 th grade students, and is divided into elementary (K-3 rd grade) and middle school (4 th -8 th grade) groups for judging. The essay contest is open to all Nashville area high school students. This year s theme for both contests is American Democracy and the Rule of Law: Why Every Vote Matters. The students were asked to submit art and essays that captured the importance of one of America s most fundamental rights, the right to vote. Beau Creson and Gil Schuette of Walker, Tipps & Malone organized the contests and visited several local schools to speak with students about the right to vote as well as the role citizens can play in securing that right. This year s contest was highly successful with hundreds of art and essay submissions from public and private schools across Nashville. Winners were acknowledged at the annual Law Day Luncheon. Art contests winners are Luke Sexton, a 3rd grade student at Nashville Christian School and Savannah Woods, a 6 th grade student at DuPont Hadley Middle School. Blake Simmons, a junior at Stratford STEM Magnet High School, won the essay contest. Mr. Simmons essay, while recognizing that the United States has made significant progress in securing equal voting rights, argues that more needs to be done in light of the disenfranchisement that still exists in our country. The essay highlights the discrepancy between our idealistic goals of spreading democracy through nation-building against our complacency with continued disenfranchisement at home. The essay concludes with a challenge insisting that Americans do more to end such inequality as well as a prediction that the country as a whole would be better for such action. Contest organizers Beau and Gil very much appreciate the support of all the area teachers and students who submitted entries this year. Special thanks to the art teachers who helped make this year s competition so successful, including Fran Sexton from Nashville Christian School, Kenton Wesby from Dupont Hadley, and Jon Stephens from Stratford STEM, all of whom were recognized at Law Day. The YLD looks forward to hosting next year s Law Day contests. Nashville Bar Journal - May

12 Feature Helping Newly Admitted Lawyers Find Careers in Today s Market by: John Rader While Nashville continues to make headlines across the United States and business in town continues to improve, the legal market has failed to return to its pre-recession levels. The Nashville Bar Association Young Lawyer s Division (YLD), however, is striving to educate law school students in the community who are eager to enter the legal profession. Just recently, the YLD s newly formed Career Placement Committee held panel discussions at Belmont University College of Law, Nashville School of Law, and Vanderbilt Law School. The purpose of the panel, according to members of the YLD, was to inform students about preparing for job placement, setting expectations, and understanding the realities of finding employment in Nashville, in an array of practice areas, for the current legal market. Each panel consisted of young Nashville lawyers representing diverse professional backgrounds. Daniel Lewis, a third year student at Vanderbilt and attendee commented, It was great hearing from recent law school graduates about what they did to take control of and direct their own job searches, and to hear how we can do the same. The panel was more like a conversation among friends. The open and honest tone really made it easy to ask questions students always wonder about but might be too intimidated or embarrassed to ask otherwise. Jessica Jolly, a third year student at the Nashville School of Law, stated, As a law student who works full-time in a firm and attends school at night, it was refreshing to hear young lawyers tell us that the long, late hours spent at Nashville School of Law is viewed as having a hard work ethic and can-do attitude in the Nashville job market. It was also refreshing to have an honest conversation about the work/life balance and what that really looks like from practicing attorneys. The three panels collectively consisted of over twenty different attorneys from private practice, public service, and corporations headquartered in Nashville, who volunteered their time to offer advice that they learned along the way and to share personal experiences from their time maneuvering through their own placement process. Robb Bigelow, immediate Past-President of the YLD and Partner at Dickenson Wright, PLLC, moderated all three panels and stated, When we came up with the idea for a career placement committee, we wanted to supplement the great job career services do at law schools by giving the opportunity for law school students to meet younger lawyers in different fields of law and learn what has, and has not, worked for others when looking for a job. Not only has this resulted in a number of new and wonderful connections and opportunities, it has resulted in jobs. The coffee-talk, conversational approach adopted by the panels received praise from the participating law schools. Claudia Levy, Director of Career Service at Belmont University College of Law stated, We were happy to host the YLD Career Placement Committee for the second year in a row. The panelists shared their personal stories and job search advice, and many stayed after the program to answer individual student questions. I think it makes a big impact on students when they hear a variety of stories 10 Nashville Bar Journal - May 2014

13 because it reminds them that not everyone s job path or idea job is the same. Our students left with fresh ideas to apply to their individual job searches. John Rader, Co-Chair of the Career Placement Committee, and Assistant Deputy Counsel to the Governor agreed. When offering advice to students commencing the placement process, I tell people it s important to go into this process with the right attitude: be resilient and be someone with whom people want to work. I remind them that everyone is different. Apply for jobs that allow you to do work that makes you happy. If you re passionate about what you re doing, then you ll be more likely to find success. The panel, Jolly confirmed, reminded us that we each come into the job market with unique skills, and we each have our own story to tell. We were encouraged not to lose sight of who we are and what we ve experienced. Hunter Kitchens, fellow Co-Chair of the Committee, and Associate at Waller Lansden Dortch and Davis, LLC, stated, The benefits of already living in the Nashville area while studying to become an attorney, are the endless opportunities to begin building your network now, whether you are looking to get your foot in the door at a firm, or gain potential-client contacts and referrals before you throw up your own shingle. Nashville s Bar Association and philanthropic community are incredibly active, giving students lots of opportunity to put their face and personality with a resume. This was one of the major hurdles for me, coming to Nashville from out-of-state. As a student in her final year and someone excited to enter the professional world, Jolly concluded, the panel definitely reminded us that it s never too early to be thinking about what you want to do with your J.D. Nashville has a strong local economy, and that students should not be closed-minded on where our opportunities may lie and not to be afraid to use our degrees in unconventional ways. Every conversation you can have helps: start today! John Rader is the Assistant Deputy Counsel to Governor Bill Haslam and 2010 graduate of the University of Tennessee College of Law. Nashville Bar Association s Career Center updates available jobs in the Metro area and beyond, while also allowing you to post a resume and receive job alerts. List the website: ORDER YOUR NBA DIRECTORY ONLINE What Does That Attorney Look Like Who You Only Communicate With Via ? Need to find the New Address of an Old Law Parnter? ******************************************* Find Out In The New 2014 NBA Attorney Directory! Attorney Listings For All Davidson County & Surrounding Communities Over 500 New Member Photos Comprehensive Court Listings Field of Practice Listings Firm Listings Listings For All NBA Boards & Officers Committee Information NBA By-Laws & More NASHVILLE BAR ASSOCIATION 150 4th Avenue North, 10th Floor, Nashville, TN (615) Fax:(615) Nashville Bar Journal - May

14 BILL & PHIL'S GADGET OF THE MONTH Microsoft Office Apps for ipad By: Bill Ramsey, Neal & Harwell, PLC and Phillip Hampton, LogicForce Consulting For several years now, Apple s ipad tablet has been an inseparable companion for many legal professionals. And for those several years, we along with many other users have sought for the perfect app that would replicate the functionality of the software that we use most frequently in the course of a normal business day, Microsoft Office (Word, Excel, PowerPoint, etc.). There were many app downloads, many test drives, many failures, and a few satisfactory solutions. But, alas, many of us were resigned to the fact that when using Office-aping apps on our beloved ipads, it would always be not quite the real thing. Our collective heads turned on a swivel, however, recently when Microsoft finally announced the release of bona fide Office apps for the ipad. And they were free to boot (sort of). We, along with millions of others, immediately queued up to download this long-awaited addition to our ipad app collection. So, was it worth the wait? Read on. First of all, let us comment on how Microsoft is handling the business end of this new product. We think it is really smart of Microsoft to allow free versions of the MS Office apps that allow users to view documents in read-only mode. So if you just need to be able to view Word documents, Excel Spreadsheets, or PowerPoint presentation files that are sent to you via or that you download from some cloud storage, these free versions of the software are perfect. But, realistically, who is going to just read a document? (And, Microsoft knows that). So Microsoft invites you to pay for the full monty where you can use the apps for document creation and editing as well. Here again, Microsoft gives some attractive options. If you subscribe to one of their Office 365 plans which gives you access to the desktop Office applications on up to 5 five devices, that subscription also includes the right to install the full ipad apps on up to five mobile devices. For heavy MS Office users, we think the Office 365 subscription plan is a no-brainer: you get access and continuous updates for both desktop and ipad apps across all of your devices for an annual subscription rate of around $100. Since we already had an Office 365 subscription in place, we simply linked our new Word, Excel, and PowerPoint apps to our Microsoft account and we were very quickly using the full-featured versions of these apps. The first thing we noticed was that these ipad apps were not just a bigger version of the Office iphone apps (which were released in 2013). Instead, the ipad Office apps appear to be a complete re-write and are beautifully designed for the ipad screen. The ribbon interface is there, but it is streamlined for the ipad screen and does not appear busy. It is quite easy to change fonts, text alignment, insert lists, change layout options, etc. from the various ribbons. As with the desktop versions, you can make the ribbons disappear to reclaim more screen real estate for your open document. Call us skeptical, but after our initial oohing and aahing over the slick interface, we immediately began to test features that we found lacking or completely absent from some of the Office-like apps that we have tried in the past. We were pleased with the results for the most part. Track Changes is a feature that is used quite frequently in many law offices. This feature works well in the new Word ipad app. You can turn on Track Changes and see all edits to the document by author. It is even possible to have more than one user editing a document simultaneously and be able to see each person s edits with different color codes. It is also possible to use different styles in the document from the convenient styles drop-down selector on the Home ribbon. Some reviewers have been negative regarding the PowerPoint app; however, we found that it works great. We might not use it to create new presentations from scratch; however, presenting a PowerPoint presentation from the ipad, particularly if Continued on Page Nashville Bar Journal - May 2014

15 presented by THE ARTS & BUSINESS COUNCIL OF GREATER NASHVILLE in partnership with THE NASHVILLE BAR ASSOCIATION YOUNG LAWYERS DIVISION Continued from page 12 working wirelessly via Apple TV, is very appealing. We really liked the blackboard feature in presentation mode that lets the presenter create ad-hoc content mid-presentation by just writing with his finger on the ipad screen. While there is much to love about these new MS Office apps, there are a few things that we thought could be improved. First, the apps are tightly coupled with Microsoft s cloud storage solution, OneDrive (which we use frequently), so one can only open documents in these apps from either locally stored documents on the ipad or documents stored on OneDrive or a Microsoft Sharepoint system. There is no way to link other cloud storage accounts (Box, DropBox, Google Drive, etc.) with these apps. That seems to be an unnecessary inconvenience. Also, we noticed that documents take a while to download from OneDrive when they are opened from these apps. It appears that the entire document (or presentation file) is being downloaded rather than just a screenfull at a time. This could be problematic for very large files. Another aggravation is that that by default, the AutoSave function is turned on; so if you start editing a document and then change your mind, it is quite cumbersome to drill down in the menu to find the option to restore your original document (thus removing your recent edits). Finally, there is no Print option in the ipad apps; although we hear that it will be coming in a future update. Despite some of these shortcomings, we believe the new Microsoft ipad apps are a huge plus for most ipad owners who work in the legal space. With these apps downloaded to your ipad, you take a big step forward in maximizing your productivity. See you next month, Bill & Phil WHAT: An intro via immersion to Nashville s creative community, this summer soirée showcases music, acting, dance, film, visual and performance art from some of our finest local talents. The evening is topped off with a unique silent auction featuring everything from co-writing sessions with top songwriters to enticing offers from local businesses. WHO: Arts Immersion celebrates the convergence of Nashville s creative and business communities. Attorneys, artists and a plethora of business professionals (a.k.a. the perfect blend of suits and skinny jeans). WHY: To give a big thank you both to our city s creative talent and the professionals that so generously support it. Proceeds from the night benefit Volunteer Lawyers & Professionals for the Arts, a program of the Arts & Business Council. The VLPA program has provided $1 million worth of free legal and business help to over 1,000 low-income artists and 300 nonprofit arts organizations over the past five years. WHEN & WHERE: Wed., May 28, 2014, 6-9 p.m. at W.O. Smith School. Official After-Party at Citizen (a portion of the proceeds benefiting VLPA). FOOD/DRINK: Plenty. And did we mention it s open bar? There will be ample libations, as well as delicious fare from Nashville vendors and restaurants. TICKETS: $40, available at www. starting early April. Patron Package available. Nashville Bar Journal - May

16 LAW DAY SPEECH 2014 by: Alberto R. Gonzales Good afternoon, ladies and gentlemen. The celebration of the 1964 Civil Rights Act and the 1965 Voting Rights Act, is also an acknowledgment or evidence that race - for all of its good and bad - is very much part of the American story. In 2003, President Bush was confronted with the decision whether the United States would oppose the consideration of race as a factor in the admissions process for undergraduates and law students at the University of Michigan. Conservative groups and lawyers at the Justice Department urged the President to file a brief asking the Supreme Court to hold that the Constitution prohibited government funded institutions from considering race as a factor, and to end affirmative action. The President, however, was concerned about limiting opportunities for the disadvantaged and the powerless, and he told me that he did not want to be known as the President who ended affirmative action. After weeks of tense discussions, the United States government filed a brief that angered conservative groups, but reflected the President s wishes. We took no position whether race was a legitimate consideration in admissions decisions. That would be up to the Court to decide. Instead we argued that whether or not racial diversity in educational institutions is a compelling government interest, the Michigan admissions policies were unconstitutional because these policies placed too much weight on considerations of race. These discussions at the White House revived a debate over race as old as this Republic. I remind my students at Belmont that while the Declaration of Independence professes that all men are created equal, the reality was far different for blacks and other minorities during the early history of this country. I do not have to remind some in this room it wasn t so long ago that segregation was the accepted practice in the South, interracial marriage was prohibited, and separate but equal was the law of the land. Minorities were not allowed to vote or hold office, but laws such as the Civil Rights Act and the Voting Rights Act leveled the playing field for people like me. In 2000, I was on the ballot for a statewide office in Texas. I was able to vote for myself and other candidates of my choice. Do these laws make a difference? They did for me. They opened the doors of opportunity. Today, we are a stronger country because of our diversity, yet we are still a people divided over race. I don t know whether the prejudices that feed the fear, distrust and hatred of others who are different can be overcome for everyone through education, communication and understanding. Perhaps so, but until that day arrives, we continue to need the Civil Rights Act. Our laws alone cannot change people s hearts but through their vigorous enforcement by lawyers in the Civil Rights Division at the Justice Department, our laws can change people s behavior. For this reason, it is fitting that we gather together as an organized bar for this celebration. Lawyers have played a noble and indispensable role in protecting our civil rights, including the right to vote. Ironically, since the announcement of my becoming Dean at Belmont Law School, I have been reminded repeatedly of the current challenges within the legal profession, of the declining enrollment in law schools around the country, of the apparent growing dissatisfaction and disinterest of young Americans in pursuing a legal education. 14 Nashville Bar Journal - May 2014

17 I think we all understand the challenges to legal education - indeed to the entire practice of law. But let there be no doubt, the very nature of our society guarantees there will always be a need for good lawyers. I am proud to be an attorney. I have seen the very best of our profession: defending the rights of the indigent; arguing major constitutional questions before the U.S. Supreme Court; sitting side by side with battlefield commanders and advising on lawful targeting options; and negotiating and drafting complex, often historic, legislation. We are a force for good and this community, this State, this country need our talents, our leadership. Tennessee has been my home for just two years. My life is quieter now - I don t have to pronounce judgments or give official opinions on the death penalty, interrogations, electronic surveillance, immigration or gay marriage - the culture wars that still burden this nation. In the blink of an eye seven years have passed since I served you in Washington. However, still today as I travel this country I am asked, What was it like? What was it like to have to drive your car through three security check points every morning, past armed secret service agents and bomb sniffing dogs just to go to work? What was it like to have walk-in privileges into the Oval Office, to stand in front of the same desk used by FDR during World War II to communicate with Winston Churchill, the same one used by JFK during the Cuban Missile Crisis, and by Ronald Reagan as he developed the strategy to end the cold war, what was it like to stand there and advise the President of the United States who he should nominate to the U.S. Supreme Court? What was it like standing on the South Lawn in the twilight hours of September 11, 2001 and watch Marine One bring the President home that historic and horrific day? What was it like? Well, I honestly cannot compare it to anything else. Serving as Attorney General, the chief law enforcement official of the United States, is a unique privilege. If you are an American citizen, however, there is nothing like working in the White House. It is special, exciting, humbling and rewarding - every activity, every decision, every moment of every day. People travel from all over the world just to see the White House, the most recognizable 18 acres in the world. I have yet to meet an American who is not in awe when they step into the West Wing for the first time. It takes your breath away, knowing history is made there every day by the decisions and pronouncements of the leader of the free world. The average American; we think about the presidency and we see the grandeur of the White House, glamorous state dinners, rides aboard Air Force One and weekends at Camp David. The presidency is certainly those things, but it is also making decisions of such great magnitude that no mortal man should have to burden alone, and yet having the courage to do so because of a faith in God to do what is right. It is about consoling the parents of a dead soldier, sharing in their grief and broken heartedness, and yet being strong enough to be Commander-in-Chief and make the decisions that place those soldiers in harm s way. It is about witnessing the evil that man is capable of inflicting, while maintaining a belief in the inherent goodness of mankind. It is service of the highest order, but truthfully it is also one of the highest sacrifice. Every four years Americans choose who is to serve us as President. Life is more complicated and more dangerous today than before I entered public service. As I travel the country, I sense an unease about our future and a desire for a new way forward. It is our nature as Americans to strive for something more for ourselves and for those we love. Every time I cast a vote, it is a reflection of hope; a tangible act towards making my dreams come true. A poor single mom votes to be able to take her sick child to the hospital. An unemployed father votes to get his job back at the factory. A veteran votes to protect his Continued on Page 16 Nashville Bar Journal - May

18 Law Day Speech 2014 Continued from page 15 buddies fighting overseas. A law student votes for her future. Our lives are about these choices. Voting is considered one of the most important privileges if not the most important - afforded to an American citizen. Election Day is the one day when we are all equal, all have the same power to influence, to shape the outcome of our future no matter our skin color, last name or zip code. Every vote matters. There are some in this country who would seek to intimidate, discourage and prevent people like the poor, elderly and powerless ethnic minorities from voting. There are others who would either try to bend the rules or engage in outright deception and fraud in order to influence the outcome of an election. Both are wrong and I condemn them. Our right to vote is fundamental to citizenship and must be defended. Likewise, protecting the integrity of our elections from fraud and abuse is a compelling government purpose. We have a serious and growing problem in American of low voter turnout - and this is an alarming epidemic in the minority community. Some argue that voter ID laws are a cause. I will leave this debate for another day but I will say that voter apathy has much more to do with low voter turnout than voter ID laws. I remind my fellow citizens that with privilege comes responsibility. Many states have gone to remarkable lengths to encourage voter turnout, including extended early voting periods and generous voting by mail requirements. However, the government cannot do everything for the eligible voter. I believe every qualified citizen has a duty to know the candidates and the issues, and should be willing to take the initiative and do, if able, that which is necessary to become informed and to be eligible to vote. You want change? Then vote! In closing, I have a message for those cynics who say America is in decline, that we have become a second rate power. As a military veteran I feel compelled to remind them that no other country has sacrificed more of its sons and daughters to protect others and to preserve freedom. Around the globe people still look to America in times of crises and turmoil. In 2007, French President Nicolas Sarkozy spoke of American heroism before a Joint Session of Congress. President Sarkozy said this: The men and women of my generation heard their grandparents tell about how in 1917, America saved France at a time when it had reached the final limits of its strengths, which it had exhausted in the most absurd and bloodiest of wars. The men and women of my generation heard their parents talk about how in 1944, America returned to free Europe from the horrifying tyranny that threatened to enslave it. Fathers took their sons to the beaches where, under thousands of white crosses so far from home, thousands of young American soldiers lay who had fallen not to defend their own freedom but the freedom of others, not to defend their own families, their own homeland, but to defend humanity as a whole. President Sarkozy went on to add: I want to express the deep, sincere gratitude of the French people. I want to tell you that whenever an American soldier falls somewhere in the world, I think of what the American Army did in France, I think of them and I am sad, as one is sad to lose a member of one s family. President Sarkozy spoke with obvious gratitude and pride about American sacrifice. He has not forgotten we are America, and neither should we. Yes, we have challenges as a country, and yes, the stalemates in Washington are frustrating. But, when I look at my sons and the opportunities they have, opportunities that my father dared not imagine, I am reminded that America remains the greatest country on the face of the earth. I am the son of a Mexican carpenter and cotton picker. My father did not go to school beyond the second grade, and yet I served as the Attorney General of the United States. We live in a country where merit and achievement still count for something where dreams still do come true. For this and many other reasons America is worth fighting for; she is work dying for. President Abraham Lincoln said, My dream is of a place and a time where America will once again be seen as the last best hope of earth. Ladies and gentlemen, that is my dream, that is my hope. I know that the goal may appear far, the work will surely be hard. But as our 16 th President said, The probability that we may fail in the struggle ought not to deter us from the support of a cause we believe to be just. Am I hopeful? This morning I heard the Fisk Jubilee Singers sing a number of negro spirituals. If slaves can sing such songs of hope and inspiration during the dark period of slavery, then I can certainly have hope for a better, more just America. Working together, we can keep this State and our Republic strong. Let us move forward united by our common purposes so that everyone is able to realize the promise of the Civil Rights Act and the Voting Rights Act. Thank you and may God bless this State, my new home, and may God bless America. 16 Nashville Bar Journal - May 2014

19 SUPPORTING GREAT ORGANIZATIONS IN OUR COMMUNITY FOR At First Tennessee, we believe that giving back is a great investment. That s why we ve always supported community-minded organizations like the Nashville Bar Association. From 1864 to many more years to come, we re committed to strengthening our relationships and promoting progress in the places we re all so proud to call our home. OFFICIAL BANK PARTNER OF THE NASHVILLE BAR ASSOCIATION 2014 First Tennessee Bank National Association. Member FDIC. Nashville Bar Journal - May

20 Disclosure \Dis*clo sure\ (n) The act of revealing, releasing or bringing to light relevant information concerning NBA Members & Staff. Announcements Kudos People on the Move Firm News Scott Sims and Sam Funk, formerly of Walker, Tipps & Malone, PLC and Sherrard & Roe, PLC, respectively, have formed the litigation firm of Sims Funk, PLC. The firm will focus on business and commercial litigation and a wide range of other types of civil litigation. Joel R. Buckberg has joined Baker Donelson as a shareholder. Buckberg will head the franchise and hospitality group, counsels clients on business transactions and operations, particularly in hospitality, franchises and distribution, including strategic planning, development, disclosure, equity and debt financing, mergers and acquisitions, system policy, regulatory compliance and commercial contracts. He is a graduate of the Vanderbilt University School of Law and the Owen Graduate School of Management. Ashby Q. Burks has joined Baker Donelson as a shareholder. Burks is a member of Baker Donelson's health law and business practice groups. He advises providers, investors and lenders in the health care industry, emphasizing mergers and acquisitions, joint ventures and other business transactions. He is a graduate of the Columbia University School of Law. Cathey Gwyn has been named as member in Gullett Sanford Robinson & Martin PLLC. Gwyn has practiced in the area of real estate law and banking for more than 25 years, representing lenders, developers, real estate brokers and businesses in the acquisition, financing, development, construction and leasing of various residential and commercial real estate projects. Loren E. Mulraine.has joined Bone McAllester Norton PLLC as Of Counsel. Mulraine is an entertainment attorney and Belmont Law professor. He will focus his practice on entertainment law, intellectual property and business and corporate law. He will continue in his role at Belmont University College of Law, teaching courses in Copyright Law, Entertainment Law, Media Law, and Intellectual Property Law. In the entertainment industry, Mulraine s client roster has included Grammy, Dove and Stellar award winners; gold, platinum, and multi-platinum selling artists; producers and songwriters; entrepreneurs; filmmakers; and management companies. Mulraine himself is an independent recording gospel artist and songwriter. A graduate of the University of Maryland and the Howard University School of Law, Mulraine is a member of the Nashville Bar Association, the Institute for Intellectual Property and Social Justice, Black Entertainment and Sports Lawyers Association, The Recording Academy (Grammy-voting member) and the Gospel Music Association. Jay Moreland recently joined the Nashville office of the Collins Law Firm as an associate. Moreland graduated from Nashville School of Law in 2013 and formerly served as a Court Officer for the Honorable Judge Gale Robinson. He will focus on criminal defense, family law, civil litigation, and wills and probate law. Legal Aid Society Receives Grant from West End Home Foundation for Community Education For Seniors The West End Home Foundation recently awarded a grant to Legal Aid Society of Middle Tennessee and the Cumberlands, Tennessee s largest non-profit law firm. Legal Aid Society will use this grant to revise, translate and print two existing community education brochures: 1.) Paying for Nursing Home or Home and Community-based Care with the CHOICES program, and 2.) Advance Care Plan (also known as living will) and Health Care Agent (also known as durable power of attorney for health care). The funds will also be used to produce and translate a new brochure on health care surrogates and conservatorships. As a part of the grant, two Legal Aid Society attorneys will make presentations on and distribute the brochures in Davidson, Montgomery, Rutherford and Sumner counties. The West End Home Foundation supports and funds non-profit organizations that care for seniors in Nashville and its six adjacent counties by providing medical, mental health, dental, food, and transportation services. Nashville Bar Association members may send Disclosure announcements via to Submissions are subject to editing. 18 Nashville Bar Journal - May 2014

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