Law Practice Today Expo 2019
FRIDAY, APRIL 12TH
LITIGATION (4 Sessions)
Download the PDF File
10:15 – 11:15 a.m.
How to Advise Clients, Manage Judicial Holds, and Discovery with Social Media
This course outlines how to properly advise your clients about the risks and liabilities when they use social media networks. We will also discuss using social media as evidence and understanding judicial holds. Based on recent ethics opinions, it is clear that lawyers are required to understand the basics of how social media platforms function in order to advise clients on the impact of their behavior. Also, if you are going to trial, you may need to be able to communicate about various social platforms. Attorneys will learn: (1) How People Use Social Media in Their Daily Lives; (2) Facebook, Twitter, Instagram, Pinterest, and More; (3) Judicial Holds and Deleting Social Media Information; (4) Discovering Issues Around Social Media; and (5) When Is Something Public and When Is It Private? After this course, you will be able to guide your clients more effectively, communicate clearly regarding issues surrounding publishing on social networks and know which possible areas should be avoided for ethical reasons.
Brianna Brailey joined GNGF in 2014 as a designer with a background in package design and brand strategy for companies such as Kroger, DICK’S Sporting Goods, and 7-11. In 2016, she moved to head the creative team, leading GNGF to win over 20 design awards for websites, mobile experiences, and brand design. Brianna has now moved her skills for creative leadership and brand building to internal operations by heading GNGF’s internal marketing and sales teams. She enjoys marrying the concepts she employed as a designer with the marketing skills and strategies she’s learned during her time at GNGF. She prizes the educational component of the company’s core values, ensuring the content created by her team is high-quality, unique, and useful.
11:30 a.m. – 12:30 p.m.
Practical & Ethical Guidelines for Texting with Clients
Text messaging, known as short and multimedia message service (SMS and MM), has exploded in popularity leading to a glut of less formal (and less cautious) “instant” communications which can easily be misconstrued between client and attorney. Rules requiring technological competence mandate that attorneys understand how technology works and that reasonable care is taken to protect confidentiality of client’s electronic communications. Lawyers have a duty to maintain the integrity of their files, and text communications with clients, witnesses, opposing counsel, and others in a case may need to be preserved for the client’s file. Outside of attorney-client communications, texts can also be discoverable, and failure to plan accordingly may result in damaging admissions, adverse inferences or worse. The ethical obligations of counsel will be discussed as well as the technical aspects of preserving text communications.
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 is also Executive Director of Tennessee Lawyers' Fund for Client Protection. She earned her J.D. degree from Vanderbilt University. She is an emeritus member of the Harry Phillips American Inn of Court, a current member of the Tennessee Bar Association (TBA) Committee on Ethics, the TBA Committee on the Evolving Legal Market and Supreme Court Task Force Member for the Tennessee Law Course and Bridge the Gap. She is also an honorary TBA Young Lawyers Fellow.
Stephen Ross Johnson practices with Ritchie, Dillard, Davies & Johnson, PC. He is a trial and appellate attorney whose practice is focused on the defense of white-collar crimes, major felonies, and other criminal matters in federal and state courts. He serves on the board of the National Association of Criminal Defense Lawyers and is past-president of the Tennessee Association of Criminal Defense Lawyers. He is an adjunct professor with the UT College of Law, where he directs the Innocence Clinic. He was previously Assoc. General Counsel for the TBA and chaired the TBA Criminal Justice Section. He serves on KBA’s Board of Governors and co-chairs the KBA Law Office Technology Committee. He is listed in Best Lawyers in America in the area of white collar criminal defense.
2:00 – 3:00 p.m.
Manage Your Case File Using OneNote
You have a full production of e-discovery scanned, loaded, and searchable. What do you do with all the emails, attachments, Word documents, photos, and .pdfs? How will you organize it and bend it to your will? Microsoft OneNote and similar programs revolutionize the process for compiling, organizing, and annotating huge discovery dumps common in many civil and criminal cases today. Collect, arrange, and sort records in groups, by chronological order or category, or in way that makes sense. Add notations, flags, or drawings. This program with show you how to use OneNote to manage, simplify, and organize complex files, and how to easily collaborate and share this work with others on your team.
Jonathan Cooper, with 20+ years experience, Jonathan Cooper works hard to provide unsurpassed personal attention to his clients. He is proud to offer each client zealous representation through research, investigation and commitment to his or her needs. Jonathan was voted as a Cityview 2015 Top Attorney for DUI Defense, The National Trial Lawyers Top 100 lawyers, Tennessee Association of Criminal Defense Lawyers, Treasurer, Hamilton-Burnett American Inn of Court, Listed in Best Lawyers and Knox County Ethics Committee, Vice- Chair.
3:30 – 4:30 p.m.
Avoiding “Benchslaps”: The Real Scoop from the Other Readers of Your Appellate Briefs
A panel of judicial law clerks and staff attorneys from the Tennessee Supreme Court, Court of Appeals, and Court of Criminal Appeals will give examples of good (and not so good) brief writing and suggestions to improve your briefing and motion-drafting skills with a focus on earning the trust of all the sets of eyes that read every word you submit. With a presentation designed for new and experienced appellate practitioners alike, the panel will note some pertinent and often problematic rules, give suggestions to help you avoid frustrating the appellate courts, and offer tips for explaining your case and clarifying your argument. A question-and-answer session will also be included, so bring any questions you have about appellate practice, especially the parts that involve presenting the record, researching the law, and writing an argument that may make it easier for an appellate court to rule in your favor.
Rebekah L. Bradley has served as an administrative law clerk to a Tennessee Court of Appeals judge since May 2016. In October 2016, she received certification as a Child Welfare Law Specialist. Rebekah previously served as an attorney with the Department of Children’s Services for four years. Rebekah graduated from the University of Tennessee with a B.A. in 2007 and from Cecil C. Humphreys School of Law, University of Memphis, with a J.D. in 2010.
Sally A. Goade has clerked for a Tennessee Court of Appeals judge for six years and formerly clerked for a Court of Criminal Appeals judge. A 2010 graduate of the UT College of Law, Sally was previously an Assistant/Associate Professor of English at The Sage Colleges in Troy, New York. She holds a bachelor’s degree from the University of Nevada, Reno, and Master and Doctor of Arts degrees in English from Idaho State University, Pocatello.
E. Alan Groves graduated from the UT College of Law in May 2018. As a law student, Alan interned for judges on the Workers’ Compensation Appeals Board, the Tennessee Court of Appeals, and the U.S. Court of Appeals for the Sixth Circuit. In August 2018, he began working as a judicial law clerk for a judge on the Tennessee Court of Appeals.
Vanessa Johnson began clerking for the Tennessee Court of Criminal Appeals upon graduating from the UT College of Law in 1994. From 1996 through 2006, she was employed as a Capital Case Attorney, assisting trial judges in capital and other complex cases throughout the upper East Tennessee region. Since 2006, Vanessa has clerked in-chambers for two other CCA judges before accepting employment as the court’s Staff Attorney in December 2012.
Amye Tankersley King, a graduate of California State University, Fresno and the UT College of Law, is a twenty-year judicial clerk of the Tennessee Court of Criminal Appeals and formerly practiced civil litigation in Fayetteville, North Carolina. She is proud to have taught both of her sons, at an early age, how to use the Harbrace Handbook.
Cindy D. Padilla has served as senior law clerk for two successive judges on the Tennessee Court of Appeals since 1999. For the past six years, Cindy has also taught Legal Process II as an adjunct professor for the UT College of Law. Before her clerkships, Cindy practiced law, concentrating primarily on domestic relations and civil rights litigation. Cindy holds a B.S. degree from UTK and a J.D. degree from the UT College of Law.
Amy Leigh Paul graduated from MTSU in 1996 with a B.S. in Political Science. Immediately upon her graduation from the UT College of Law in May 2000, she began working as a law clerk for a judge on the Tennessee Court of Criminal Appeals and currently holds senior clerk status. On a lighter note, Ms. Paul enjoys good food, stand-up comedy, and the works of Stephen King.
Carlos A. Yunsan serves as a judicial law clerk for a Justice on the Tennessee Supreme Court, in which role he reviews appellate briefs, researches legal issues, and prepares draft opinions. Before coming to the Court, his practice focused partly on appellate litigation. Carlos graduated from the UT College of Law in 2013, where he currently teaches legal writing courses and mentors students. He enjoys impromptu adventures with his wife and children and their Australian Shepherd.