The Knoxville Bar Association (KBA) is pleased to announce the release of PLANNING AHEAD: A GUIDE TO PROTECTING YOUR CLIENTS’ INTERESTS IN THE EVENT OF YOUR DISABILITY OR DEATH handbook to help members fulfill their ethical obligations to protect their clients' interests in the event of death, disability, impairment, or incapacity. Although it is hard to think about events that could render a lawyer unable to continue practicing law, freak accidents, unexpected illness, and untimely death do occur. Following the suggestions in this handbook will help to protect the clients' interests and will help to make the law practice a valuable asset to the attorney’s estate. In addition, it will simplify the closure of the law office - a step a lawyer’s family and colleagues will very much appreciate.

All of the forms contained in the publication are available on the KBA website and sample forms can be downloaded in Word for easy customization. 

• Short and long form agreement. Agreement forms for clarifying your arrangement with assisting attorney for closing your office and authorized signers on your lawyer trust account and law firm general account.
• Limited power of attorney. A power of attorney form limited to authorizing your agent or attorney-in-fact to handle your lawyer trust account, law firm general bank accounts and law firm safe deposit box or boxes.
• Specimen signature of attorney-in-fact (notarized). It is always a good idea to attach a notarized specimen signature of the attorney-in-fact to a power of attorney document, as it helps with authentication.
• Letter of understanding. This provides written instructions to another person to hold the limited power of attorney until notified of your impairment and to then release it to your authorized signer. This can put an extra safeguarding step into turning over the authority to sign trust account checks.
• Sample will provisions. There are sample will provisions that would be necessary in the event of your death, so that the named personal representative is directed to carry out your agreement with your assisting attorney, or in the alternative, for your personal representative to have sole authority to wind down your law practice, notify clients or attempt to sell your law practice in compliance with ethics rules.
• Letters of notification. There are sample letters to advise that the lawyer is unable to continue in practice, is closing the law office or from a firm offering to continue representation.
• Authorization for transferring client file. The client needs to consent to the transfer of his or her client file. This sample allows the client to direct where to send it.
• Request for client file. This is a sample request to have a copy of client file documents be sent directly to the client.
• Office closure file tracking chart. This chart can help keep track of which clients have been contacted, what instructions have been received and when files have been sent.
• Law office list of contacts. This is a great document for gathering all the important information for your assisting attorney, including computer, email and voice mail passwords!

By planning ahead, you gain the peace of mind of knowing that should some unexpected emergency require the closure of your office — short- or long-term or even permanently — your clients will be protected. This peace of mind is then shared with your clients, your family and your colleagues.

ADM2020-01159

The Court is soliciting written comments on proposed amendments to Tennessee Supreme Court Rule 21, section 3.01(a) of the Rules of the Tennessee Supreme Court requires each attorney admitted to practice in the State of Tennessee to obtain fifteen hours of continuing legal education (“CLE”) in each compliance year. On August 28, 2020, the Nashville Bar Association (“NBA”) filed a petition asking this Court to modify Rule 21, section 3.01(a) to require each attorney to complete two hours of the required fifteen in diversity, inclusion, equity, and elimination of bias. Comment deadline: December 30, 2020. Comments should reference the docket number and should be e-mailed to appellatecourtclerk@tncourts.gov or mailed to: James M. Hivner, Clerk, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Avenue North, Nashville, TN 37219-1407.

Click here to view the Order.

The Knoxville Bar Association sent a survey to KBA members on September 2 to get input on event planning in 2020-2021. Members were asked to complete the ten-question survey by 5 pm on September 21. 30% of the attorney members of the KBA completed the survey.

The complete survey results can be found here.

Summary:

• The majority of members indicate that they would attend in-person events in Spring or Summer 2021, with an equal number indicating that they are unsure at this time.
• Members would feel most comfortable attending in-person events if staff and attendees wore masks. Limiting the group size or the facility to 50% of capacity was somewhat important.  
• 29% of members feel that the availability of a vaccine would impact their decision to attend live events.
• The majority of members would feel comfortable with temperature checks, answering questions about COVID-19 symptoms, and disclosing recent travel.

The KBA thanks everyone who completed the survey to assist with our planning in 2020-2021.

Applications Being Accepted for Sixth Judicial District Chancery Court Vacancy

The Trial Court Vacancy Commission is accepting applications for a Chancellor in the Sixth Judicial District, which covers Knox County. This vacancy was created by the retirement of Judge Michael W. Moyers, effective Jan. 23 of next year. Qualified applicants must be licensed attorneys who are at least 30 years of age, have been residents of the state for five years and are residents of the Sixth Judicial District. Those interested should submit the Trial Court Vacancy Commission Application to the Administrative Office of the Courts by noon CDT on Sept. 30. The commission will hold a hearing virtually via Zoom on Oct. 29 at 10 a.m. EDT. It will be live streamed for the public on the AOC’s YouTube page. Those who wish to address the commission to express their objection or support concerning an applicant must email Ceesha Lofton or call 615-741-2687 by 4 p.m. CDT on Oct. 14. Read more about the vacancy on the AOC’s website. 

Applications Sought for Knox Circuit Court Vacancy

ADM2020-01180

The Court is soliciting written comments on proposed amendments to Tennessee Supreme Court Rule 9, Section 27.4. The changes pertain to the status of an attorney seeking to transfer to disability inactive status during the course of disciplinary proceedings. Comment deadline: October 1, 2020. Comments should reference the docket number and should be e-mailed to appellatecourtclerk@tncourts.gov or mailed to: James M. Hivner, Clerk, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Avenue North, Nashville, TN 37219-1407.

Click here to view the Order.

ADM2020-01016

The Court has requested comments concerning the Advisory Commission's recommended amendments to the Rules of Appellate Procedure and Civil Procedure. The proposed amendments are set out in Appendix I. The deadline for submitting written comments is November 30, 2020. Comments should reference the docket number and should be e-mailed to appellatecourtclerk@tncourts.gov or mailed to: James M. Hivner, Clerk, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Avenue North, Nashville, TN 37219-1407.

Click here to view the Order.

The Helen Ross McNabb Center was one of several community mental health centers recently awarded FEMA/SAMHSA dollars through the Tennessee Department of Mental Health and Substance Abuse Services to provide a virtual Crisis Counseling Program (CCP). This program was funded as part of the COVID-19 disaster response for the State of Tennessee. A Help Line (1-855-661-9191) has been created for residents in Blount, Knox, Loudon, Monroe, and Sevier Counties. The purpose of the program is to provide free emotional support, psychoeducation regarding common disaster reactions/coping skills, and assistance navigating community resources to anyone impacted by COVID-19. 

If you and your family are seeking assistance, click here. / Si usted y su familia necesita ayuda con COVID-19, haga clic en este enlace. 

If you are seeking assistance for yourself or someone else, click here. / Si usted necesita ayuda para ti o otros, haga clic en este enlace. 

Emerald Youth Foundation has identified a need of about 300 students within their system that need a laptop to learn and develop skills at home and they will distribute the laptops to students in need. RCN Technologies’ goal is to collect, sanitize, and recondition 300 laptops by August 31st to meet this need for our community. The KBA will serve as a collection center for members who wish to donate laptops to the Emerald Youth Foundation.

How To Donate

1. Confirm your machine meets the minimum specifications needed for reconditioning (see below).
2. Drop off your laptop at one of our laptop collection sites.
3. Smile and know that something that was likely going to collect dust in a drawer will have a major impact on a child’s life…because of you.

What To Donate

We are collecting any laptop that meets the minimum standards below, however, Emerald Youth Foundation has expressed that Chromebooks would be the best type of machine to fit within their existing IT infrastructure, which will generate less ongoing maintenance and IT expenses for their organization.

Types of Computers Accepted

• Chromebooks (preferred)
• Laptops (all major brands)

Minimum Laptop Specifications

• 64-bit x86 processor or equivalent
• At least 2 GB of memory (RAM)
• Hard drive (4 GB or larger)
• USB port

What Happens To The Laptops

RCN Technologies’ TechLab IT technician team will follow a cleaning and reconditioning protocol for each device that is donated and meets minimum specifications.

1. Physically clean and sanitize each device
2. Securely erase all existing data on each device
3. Reinstall core operating system and applications
4. Test for proper functionality

KBA Members may drop off laptops at the KBA Office at 505 Main Street, Suite 50, up until August 31^st.