David M. Cook dcook@hard-law.com Shareholder; President LICENSURE Tennessee 1976 Mississippi 2009 Arkansas 2009 ADMISSIONS The United States District Court for the Western District of Tennessee, 1977 The Supreme Court of the United States of America, 1981 The United States District Court for the Northern District of Mississippi, 1988 The United States Court of Appeals for the Sixth Circuit, 1991 The United States District Court for the Eastern and Western Districts of Arkansas, 1999 The United States Court of Appeals for the Fifth Circuit, 2009 The United States District Court for the Southern District of Mississippi, 2009 The United States Court of Appeals for the Eighth Circuit, 2009 SPECIALIZATION Tennessee Supreme Court Approved Mediator, 1997 Civil Trial Specialist - Tennessee Commission on Continuing Legal Education and Specialization and National Board of Trial Advocacy, 2000 Medical Malpractice Specialist - Tennessee Commission on Continuing Legal Education and Specialization and American Board of Professional Liability Attorneys, 2004 National Board of Trial Advocacy - State Proctor, 2009 PERSONAL Born: Memphis, Tennessee 1951 LEGAL EDUCATION SCHOOL: University of Memphis DEGREE: Juris Doctor, 1975 UNDERGRADUATE EDUCATION SCHOOL: University of Tennessee, Knoxville DEGREE: Bachelor of Arts, History, 1973 PREPARATORY EDUCATION
Christian Brothers High School, Memphis, Tennessee, 1969 Christian Brothers High School Hall of Fame, inducted 2008 Christian Brothers High School Band Hall of Fame, inducted 2009 LEGAL EXPERIENCE Associate Attorney, Law Offices of Lee A. Hardison, 1977-1979 Partner, Hardison, McCarroll, Cook & Alexander, 1979-1984 Partner, Hardison, Cook & Cannon, 1984-1985 Partner, The Hardison Law Firm, 1985-1995 Shareholder and President, The Hardison Law Firm, P.C., 1995 - Present PROFESSIONAL Memphis Area Legal Services Pro Bono Publico for Senior Citizens Service Award, 1986, 1988 Memphis Area Legal Services Pro Bono Publico for Senior Citizens Ten Year Service Award 1991 Fellow, American College of Trial Lawyers, inducted 1998 United States District Court for the Western District of Tennessee Court-Appointed Mediation Panel, 2001 W.J. Michael Cody Pro Bono Publico Attorney of the Year Award, 2006 Judge, Tennessee Court of the Judiciary, 2007-2011 Legal Services Corporation Special Pro Bono Publico Award, 2007 Hearing Officer, Board of Professional Responsibility of the Tennessee Supreme Court, 2009-2012 Tennessee Supreme Court Access to Justice Commission - Pro Bono Publico Panel, 2009 Listed in The Best Lawyers in America since 2001 Listed as one of the 150 Best Business Lawyers in Tennessee by BusinessTN, 2009 Named by Super Lawyers as a Midsouth Super Lawyer since 2006, "Super Lawyer profile" Best Lawyers - Confidential peer selection as Best Medical Malpractice Lawyer in Memphis, Tennessee, 2010 PROFESSIONAL ORGANIZATIONS Memphis Bar Association - (Board of Directors 1993-1994, 2001; Secretary - 2004; Treasurer - 2005; Vice President - 2006; President - 2007) Fellow, Memphis and Shelby County Bar Foundation Memphis Area Legal Services (Board of Directors 1993-1996) Lawyers Journal Club of Memphis Tennessee Bar Association Fellow, Tennessee Bar Foundation Tennessee Defense Lawyers Association Mississippi Bar Association Mississippi Volunteer Lawyers Project Arkansas Bar Association Federal Bar Association American Bar Association Fellow, American Bar Foundation Defense Research Institute American Health Lawyers Association International Association of Defense Counsel Master of the Bench, Leo Bearman, Sr. American Inns of Court, Memphis Chapter
NATURE OF PRACTICE Medical malpractice, hospital and professional liability defense; alternative dispute resolution services. REPORTED CASES Foster v. Amcon, 621 S.W.2d 142 (Tenn. 1981) Michelsen v. Stanley, 893 S.W.2d 941 (Tenn. App. 1993) Delashmit v. City of Covington, 889 S.W.2d 206 (Tenn. 1994) Smith v. Methodist Hosp. of Memphis, 995 S.W.2d 584 (Tenn. App. 1999) Tuggle v. St. Francis, 2000 WI 33191369 (Tenn. Ct. App. 2000) Wilson v. Patterson, 73 S.W.3d 95 (Tenn. Ct. App. 2001) Richberger v. The West Clinic, P.C., 2004 WL 787162 (Tenn. Ct. App. 2004) Richardson v. Diaz, W2004-00773-COA-R9-CV (Tenn. Ct. App. 2005) JUDICIAL EXPERIENCE Numerous occasions sitting as Special Judge, formerly in Shelby County, Tennessee Circuit Court and Shelby County, Tennessee Criminal General Sessions Court, more recently and currently in Shelby County, Tennessee Civil General Sessions Court, presiding over various jury and non-jury trials, motions, and other matters. ALTERNATIVE DISPUTE RESOLUTION EXPERIENCE Myriad mediations, arbitrations, and other forms of alternative dispute resolution, on all civil topics excluding domestic relations. PRO BONO PUBLICO EXPERIENCE Participation since 1976 in countless pro bono publico client representations; participation in the Memphis Bar Association "Attorney of the Day Program" held weekly at the Shelby County Courthouse, wherein volunteer attorneys meet with and undertake representation of clients who qualify for assistance under Legal Services Corporation guidelines; a founder (during my year as Memphis Bar Association President in 2007) and a continuing participant in the Memphis Bar Association Saturday Free Legal Clinics, held monthly at The Benjamin J. Hooks Central Library, wherein volunteer attorneys meet with and undertake representation of all potential clients who attend, regardless of Legal Services guidelines; referral attorney for pro bono publico clients under the aegis of the Community Legal Clinic, a charitable organization connected with the Memphis Interfaith Association; Co-Chair in 2009 and 2010 of the Memphis Bar Association Access to Justice Committee. PRESENTATIONS Workers Compensation Seminar - Sponsored by the Tennessee Municipal League Risk Management Pool - 9/9/89, Nashville, Tennessee - Lump Sum Awards Under Tennessee Workers Compensation Law Medical Malpractice Seminar - Co-sponsored by the University of Memphis School of Law and the Memphis Bar Association, Inc. - 4/26/91, Memphis, Tennessee - Deposing Plaintiff s Experts Multi-Specialty Conference for Physicians - Sponsored by Methodist Hospitals of Memphis - 11/11/91-11/15/91, Bermuda - Review of the Health Care Quality Improvement Act of 1986 - Authorization and Implementation of the National Practitioner Data Bank and Lessons Learned From Defending Malpractice Cases Basic Aspects of Medical Malpractice Seminar - Sponsored by Methodist Hospitals of Memphis - 1/20/92, Memphis, Tennessee - Defending Malpractice Cases Workers Compensation Seminar - Sponsored by the Tennessee Municipal League Risk Management Pool -
7/31/92, Nashville, Tennessee - Summary of the Tennessee Workers Compensation Reform Act of 1992 Personal Injury Litigation Practice in Tennessee Seminar - Sponsored by the National Business Institute, Inc. - 11/5/92, Memphis, Tennessee - Personal Injury Litigation Practice Multi-Specialty Conference for Physicians and Health Care Professionals - Sponsored by Methodist Hospitals of Memphis - 2/3/93-2/6/93, Scottsdale, Arizona - Review of the Health Care Quality Improvement Act of 1986 - Authorization and Implementation of the National Practitioner Data Bank Medical Malpractice Seminar - Sponsored by the Memphis Hippocratic Society - 4/13/93, Memphis, Tennessee - Medical Malpractice Law Trial Practice Seminar - Sponsored by the Tennessee Bar Association - 12/3/93, Memphis, Tennessee - Cross Examining the Adverse Medical Expert Premises Liability Seminar - Sponsored by the National Business Institute, Inc. - 12/8/93, Memphis, Tennessee - Premises Liability: Preparation and Trial of a Difficult Case In Tennessee Medical Malpractice Seminar - Sponsored by the Infectious Disease Society of Tennessee - 9/10/94, Nashville, Tennessee - Infectious Disease Medicolegal Vignettes Medical Malpractice Seminar - Sponsored by the Memphis Society of Pathologists - 3/16/95, Memphis, Tennessee - The Pathologist as Expert Witness Medicolegal Seminar - Sponsored by the Lawyers Journal Club of Memphis - 9/26/95, Memphis, Tennessee - Physician/Patient Privilege in Tennessee, Arkansas, and Mississippi Multi-Specialty Conference for Physicians - Co-sponsored by Methodist Hospitals of Memphis and The University of Tennessee, Memphis, College of Medicine - 11/6/95-11/10/95. Maui, Hawaii - The Practice of Defensive Medicine in Managed Care Trial Practice Seminar Sponsored by the Tennessee Bar Association - 12/4/95, Memphis, Tennessee - Jury Selection Lecture - University of Memphis School of Law Trial Advocacy Course - 3/4/97 Memphis, Tennessee - Dealing with Adverse Expert Witnesses Insurance Law Seminar - Sponsored by the National Business Institute, Inc. - 4/25/97, Memphis, Tennessee - Insurance Law: Third Party Coverage in Tennessee Medical Malpractice Seminar - Sponsored by Methodist Hospitals of Memphis - 5/12/97, Memphis, Tennessee - Basic Medical Malpractice Law Medical Malpractice Seminar - Sponsored by State Volunteer Mutual Insurance Company - 6/26/97, Memphis, Tennessee - Physicians In Malpractice Litigation Trial Practice Seminar - Sponsored by the Tennessee Bar Association - 10/23/97-10/24/97, Nashville, Tennessee - Second Annual Litigation Forum - Theme and Theory in the Prosecution and Defense of a Civil Action Medical Malpractice Seminar - Sponsored by St. Francis Hospital - 11/3/97, Memphis, Tennessee - Medical Records Documentation Insurance Law Seminar - Sponsored by the National Business Institute, Inc. - 1/30/98, Memphis, Tennessee - Insurance Coverage Law in Tennessee The First Annual Mid-South Conference on Health Law Seminar - Jointly sponsored by The University of Arkansas, The University of Memphis School of Law, and The University of Mississippi Center for Continuing Legal Education 5/29/98, Memphis, Tennessee - Thanatopsis - Medicolegal and Ethical Issues on Death and Dying Presentation - Memphis Lawyers Journal Club - 9/29/98, Memphis, Tennessee - "Thanatopsis - Medicolegal and Ethical issues on Death and Dying"
Professional Liability Seminar - Sponsored by the Memphis Bar Association, Inc. - 12/11/98, Memphis, Tennessee - Medical Malpractice - From the Defense Perspective and Legal Malpractice Update Paralegal Assistant Seminar - Sponsored by the Greater Memphis Paralegal Alliance, Inc. - 4/21/99, Memphis, Tennessee - Effective Use of Paralegals in Medical Malpractice Defense Presentation - University of Memphis School of Law Alternative Dispute Resolution Course - 11/23/99, Memphis, Trial Practice Seminar Sponsored by the National Business Institute, Inc. - 12/15/99, Memphis, Tennessee - Superior Deposition Strategies in Tennessee Civil Trial Practice Trial Practice Seminar - Sponsored by the Tennessee Bar Association - 4/5/00, Memphis, Tennessee Remedies and Negotiation Lecture - University of Tennessee Medical School Student Surgical Society - 2/21/01. Memphis, Tennessee - Basic Medical Malpractice Law Medical Malpractice Seminar - Sponsored by St. Francis Hospital - 7/23/01, Memphis, Tennessee - Mock Behavioral Health Deposition Trial Practice Seminar - Sponsored by the National Business Institute, Inc. - 9/14/01, Memphis, Tennessee - The Basics of Cross-Examination in Tennessee Medical Malpractice Seminar - Sponsored by State Volunteer Mutual Insurance Company - 4/26/02, Memphis, Tennessee - Physician Client Trial Witness Preparation Medical Malpractice Seminar - Sponsored by St. Francis Hospital - 7/29/02, Memphis, Tennessee - Mock Labor and Delivery Deposition Trial Practice Seminar - Sponsored by the National Business Institute, Inc. - 4/10/03, Memphis Tennessee - Admissibility of Evidence and Expert Testimony in Tennessee Medical Malpractice Seminar - Sponsored by Memphis Bar Association, Inc. - 8/13/03, Memphis, Tennessee - Tort Law, Medical Malpractice and Products Liability Update Trial Practice Seminar - Sponsored by National Business Institute, Inc. - 10/3/03, Memphis, Tennessee - Medical Malpractice in Tennessee Medical Malpractice Seminar - Sponsored by the Memphis Hippocratic Society - 10/12/04, Memphis, Tennessee - Depositions Presentation - University of Memphis School of Law Alternative Dispute Resolution Course - 11/17/04, Memphis, Trial Practice Seminar - Sponsored by the Memphis Bar Association, Inc. - 12/29/04, Memphis, Tennessee - Videotaped Voir Dire, Opening Statements and Closing Arguments in an Actual Medical Malpractice Trial Presentation - University of Memphis School of Law Alternative Dispute Resolution Course - 4/18/05, Memphis, Medical Malpractice Seminar - Sponsored by Methodist Healthcare - Memphis Hospitals - 11/08/05, Maui, Hawaii - "Medical Malpractice - A Legal Primer" and "Medical Malpractice - Reports from the Front Line - What Went Wrong?" Presentation - University of Memphis School of Law Alternative Dispute Resolution Course - 11/23/05, Memphis, Tennessee - "Mock Mediation" Infectious Diseases / Primary Care Physicians Seminar - Sponsored by Methodist Healthcare - Memphis Hospitals - 3/30-31/06, San Antonio, Texas - "Legal Aspects of Infectious Diseases" Presentation - University of Memphis School of Law Alternative Dispute Resolution Course - 10/11/06, Memphis, Tennessee - "Mock Mediation"
1st Annual Professionalism Seminar - Sponsored by Memphis Bar Association, Inc. - 10/26/06, Memphis, Tennessee - "Professionalism, Civility, and Courtesy" Trial Practice Seminar - Sponsored by the Memphis Bar Association, Inc. - 12/20/06, Memphis, Tennessee - "Mock Jury Trial" Infectious Diseases / Primary Care Physicians Seminar - Sponsored by Methodist Healthcare - Memphis Hospitals - 3/15-16/07, San Antonio, Texas - "Legal Aspects of Infectious Disease for the Primary Care Provider" The Leo Bearman, Sr. Inns of Court Chapter, 4/10/07, "Professionalism" Geriatrics for the Primary Care Physician - Sponsored by Methodist Healthcare - Memphis Hospitals - July 7/2-5/07, Kohala Coast, Hawaii - "End of Life Issues", "Medical Legal Aspects", and "Nursing Home Care" 2nd Annual Professionalism Seminar - Sponsored by Memphis Bar Association, Inc. - 10/26/07 Memphis, Tennessee - "Professionalism, Civility, and Courtesy" Presentation - University of Memphis School of Law Alternative Dispute Resolution Course - 11/7/06, Memphis, Tennessee - "Mock Mediation" Professionalism Seminar - Sponsored Ben F. Jones Chapter of the National Bar Association - 12/13/07, Memphis, Tennessee - "Professionalism, Civility, and Courtesy" Trial Practice Seminar - Sponsored by Memphis Bar Association Litigation Section - 9/09/08, Memphis, Tennessee - " Reverse Batson Challenge; Post-Trial Transcribed Juror Debriefings" Jurist - Tennessee Court of the Judiciary Trial - 9/22/08-9/23/08, Cocke County Courthouse, Cocke County Tennessee Advance Directives Initiative Seminar - Jointly sponsored by the Memphis Bar Association, Inc. and Memphis Area Legal Services - 10/20/08, Memphis, Tennessee 3rd Annual Professionalism Seminar - Sponsored by Memphis Bar Association, Inc., and The American College of Trial Lawyers - 10/24/08, Memphis, Tennessee - "Professionalism, Civility, and Courtesy" Pro Bono Seminar- Sponsored by Memphis Area Legal Services- 2/5/09, Memphis, Tennessee - Pro Bono Concerns Across Tennessee Advance Directives Seminar - Sponsored by the Memphis Bar Association - 2/11/09, Memphis, Tennessee - "Overview of the Old and New Advance Directives Forms" Panelist - Access to Justice Public Meeting - 2/20/09, Memphis, Tennessee, moderated by Chief Justice Janice M. Holder Advance Directives Seminar - Sponsored by the Memphis Area Legal Services - 6/5/09, Memphis, Tennessee - "Advance Directives Forms" Advance Directives and Testamentary Wills Presentation - Sponsored by The Memphis Bar Association Access to Justice Committee - 7/25/09, Riverside Missionary Baptist Church 3650 South Third Street Memphis, Tennessee The University of Tennessee Center for the Health Sciences - 9/10/09, Memphis, Tennessee - "The Use and Admissibility into Evidence of Learned Treatises and Other Expert Writings" Equal Justice Conference - Sponsored by Tennessee Alliance for Legal Services - 9/24/09, Paris Landing, Tennessee - "Advance Directives" Memphis Bar Association Trial Academy - 10/22/09, Memphis, Tennessee - "Cross Examination of Expert Witnesses" Presentation - Memphis Lawyers Journal Club - 10/27/09, Memphis, Tennessee - "Thanatopsis - Medicolegal and Ethical issues on Death and Dying Revisited"
4th Annual Professionalism Seminar - Sponsored by Memphis Bar Association, Inc., and The American College of Trial Lawyers - 10/29/09, Memphis, Tennessee - Moderator Advance Directives and Testamentary Wills Presentation - Sponsored by The Memphis Bar Association Access to Justice Committee 11/1/09, Greater St. Mark Church of God in Christ, 3517 Weaver Road, Memphis, Tennessee Presentation - University of Memphis School of Law Alternative Dispute Resolution Course - 11/11/09, Memphis, PUBLICATIONS Gelfand, Michael S. and Cook, David M., Streptococcal Meningitis as Complication of Diagnostic Myelography: Medicolegal Aspects, 22 Clinical Infectious Disease 130 (1996). Cook, David M., Physician/Patient Privilege in Tennessee, Arkansas and Mississippi, 6 Memphis Bar Association Magazine 14 (1996). Cook, David M., Practical Legal Comments on Informed Consent, 157 Arch. Intern. Med. 1766 (1997) (letter). Cook, David M. and Wener, Andrew L., Living Will and Durable Power of Attorney for Health Care: Medical and Ethical Issues on Death and Dying. The Tennessee Journal of Practice & Procedure (Fall 2000).