President's Call for a 2-Year Law Degree

President Barack Obama’s comments last week that law school should be limited to two years is drawing reaction from both sides of the issue. A number of law professors praised discussion on the idea, but most of those blogging about the concept found fault with it. Berkeley Law professor Dan Farber warned that a two-year program would not leave time for specialized courses, such as environmental law, that are not tested on bar exams. Albany Law School professor Mary Lynch suggested the president is confusing unpaid interning with a true clinical experience, and that he does not understand that clients no longer want to pay for on-the-job training of new attorneys. And Matt Bodie with the Saint Louis University School of Law argued the idea would not automatically lower tuition as schools could just increase the cost per credit hour. Read a wrap up of reactions at TaxProf Blog.

The source of this is the TBA Today by the Tennessee Bar Association.

Child Custody and Property Division

In the case of Terri Ann Kelly v. Willard Reed Kelly, Terri Ann Kelly ("Wife") was awarded 1000% of the marital assets by the Trial Court. She had sued Willard Reed Kelly ("Husband") for divorce after 18 years of marriage and was awarded custody of the parties' son, Will. She was also awarded attorney's fees. The Court of Appeals, though, modified the Trial Court's division of the marital estate and alimony to Wife, giving her 300%.

The full case can be found here.

Law School Enrollment Declines

Some law school administrators believe that in the near future there may be a shortage of lawyers as law school enrollment continues to decline. Tennessee law schools are no exception to the declining enrollment.

However, not everybody believes this a bad thing for the current students. The class sizes will be smaller and more scholarship opportunities will be available. Law schools have dropped fees and lowered tuition.

The job market will be completely different for the last half of this decade. Also, it seems that the future lawyers of America will be smarter and more competitive. The students have been putting out higher LSAT scores and median GPAs.

To find out more on this subject read this article from The Nashville Ledger.

First Woman to Serve as Tennessee Supreme Court Chief Justice Announces Retirement

Janice M. Holder made history as the first woman to serve as Tennessee Supreme Court Chief Justice. August 31st, 2014 will be her last day in the state's highest court. She will not be seeking re-election.

“It has been my privilege to serve the people of Tennessee as a trial judge and Supreme Court justice – and an honor to have been selected by my fellow justices as the first female chief justice in our state’s history,” Justice Holder said.

Justice Holder served on the first Tennessee Supreme Court with a majority of women. She was first elected circuit court judge of the 30th Judicial District in Memphis in 1990. She was appointed to the Supreme Court of Tennessee in December 1996, elected in August 1998, and then re-elected in 2006 to her current eight-year term.

Some of her honors include: 2010 Legacy Laureate, University of Pittsburgh; 2009 W.J. Michael Cody Pro Bono Attorney of the Year Award, Memphis Area Legal Services; 2009 Jurist of the Year Award, Southeastern Region of the American Board of Trial Advocates; 2008 Grayfred Gray Public Service Mediation Award, Coalition for Mediation Awareness in Tennessee; 1999 honoree for exceptional support of the Tennessee Lawyers Assistance Program by the American Bar Association Commission on Lawyer Assistance Programs; 1990 Memphis Bar Association Sam A. Myar Award for Outstanding Service to the Legal Profession and to the Community; 1992 Chancellor Charles A. Rond Award, Outstanding Jurist, Memphis Bar Association.

Conflict in the Court

The following case is from the Gibson Juvenile Court. The Mother and Father in the case were originally represented by the same attorney when they both had the same interest. The interest of the Father changed. The Mother's attorney then sited obvious conflict of interest regarding his representation of the Mother because he had previously consulted with both parties when they agreed on the issues. The Court should have granted a continuance to allow the Mother to seek new representation or represent herself. The complete case can be read here Gibson Juvenile Court Case.

The Defense of Marriage Act Breaking News

Today, the United States issued a ruling in the case of United States v. Windsor that could have similar historical significance as cases like Roe v. Wade and Brown v. Board of Education.  The Supreme Court held that The Defense of Marriage Act’s (DOMA) definition of “marriage”  which is defined as “only a legal union between one man and one woman as husband and wife” to be unconstitutional under the Fifth Amendment of the Constitution.  This is an obvious victory for the Gay and Lesbian Community; however, it is also a huge win for supporters of the Tenth Amendment.  The Supreme Court, in a dramatic deviation from recent precedent, found same sex marriage to be a state issue, rather than a federal one.  The Windsor case, in essence, has upheld the individual States’ right to define marriage as it and its residents see fit, without the overbearing eye of the federal government to intervene.  The Supreme Court’s opinion provides a detailed history of the State’s authority over domestic relations and how the DOMA violates the due process rights of same sex couples.  Regardless of what side you are on, this case will have lasting historical significance for future generations.  The full opinion can be found here, http://www.kingplc.com/United%20States%20v.%20Windsor.pdf

6 Easy Rules for Working with Your Attorney

At King & King, we understand how stressful a legal battle can be, especially a divorce. You are angry, upset, and scared. People can do or say things while going through a divorce that normally they would not do. Here are some simple rules that will make the legal process easier for you and your attorney.

1. Be Polite
Your attorney understands the amount of stress you are under. Please, remember that your attorney and his or her staff are there to help you. Be civil and courteous. Try not to snap back, but take calming breaths and explain your frustration. Attorneys are people too and need respect.

2. Trust Your Attorney’s Knowledge
You hired your attorney for a reason. You respect the legal knowledge and experience that the attorney has collected. Family and friends may have gone through a divorce also. It is alright to ask them about their experience handling their divorce. However, keep in mind that every case is different and Judges are not the same. Just because your friend’s case worked out one way does not mean yours will work out the same. Trust the attorney you hired to know what the Judge is or is not looking for. The attorney knows what the Judge wants to see to prove your case.

3. Take Responsibility for Your Actions
The facts in your case took place before you ever met your attorney. If you are at fault for the end or your marriage, you will need to take responsibility for it. Most Judges appreciate this. They would rather you admit your mistakes.

4. Don’t Look for Punishment
The Court is not here to punish anyone. If your spouse wronged you, the Court is not going to unfairly punish him or her even if they were cheating. Find peace in the fact that justice will be done.

5. Payments
Attorneys are there to help you through a difficult time, but remember attorneys need to make a living too. When you sign a Legal Representation Agreement with an attorney, he or she is agreeing to represent you. In return, you are agreeing to pay your attorney for those services. Carefully look at the retainer fee ahead of time to make sure it is within your budget. If you get behind on your bills, talk to your attorney. He or she may be willing to work with you so you can make payment arrangements.

6. Ask Questions
Your attorney is only responsible for what he or she says. You are responsible for what you hear. If you don’t understand something, feel free to ask questions about it. Your attorney has no other way of knowing if you don’t understand something. Don’t wait until after settlement documents are signed and filed with the Court to tell your attorney that you didn’t understand what you were signing. It’s your attorney’s job to make sure you know what you are getting into, but unfortunately, we can’t read minds.