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"Violence done to us by someone we love is frightening and degrading. It is also against the law."
So begins the introduction to the Domestic Violence Handbook, published yearly by the Access to Justice Committee of the Knoxville Bar Association.
In 1997, the KBA Board of Governors determined that a handbook of local resources would be valuable to victims of domestic violence. The KBA Women in the Law Committee volunteered to develop and distribute copies to the local shelters and agencies who assisted victims of family violence. The challenge was to create a document reasonable in length while at the same time providing basic, no-nonsense information. Eight months of work resulted in a 62-page document titled "Domestic Violence: We Can Live Without It. Rights and Options Available Under the Law."
Although 25 years have passed and the handbook has undergone many reviews and updates, the handbook would still be recognizable to those original volunteers. The 77 pages of content include an overview of potential indicators of abuse, how to seek medical treatment, when violence affects children, and options under the law ("How to Use the Law - Both Criminal and Civil"). It includes information about issues that typically affect victims who have sought help including housing issues, dealing with creditors, lawsuits, bankruptcy, employment and medical benefits questions.
The link provided to view and download the Domestic Violence Handbook is not monitored for visits nor IP addresses tracked. It is a safe website to visit, view and download the Handbook which is in PDF format. It's our hope that the link to this resource is shared among the professional domestic violence support community, former victims, and their friends and family so that it can reach those in need, when they need it.
If you’re looking for a lawyer and just don’t know where to start, the Knoxville Bar Association’s LRIS is a great place to begin. We match you with a lawyer that suits your needs. Our trusted attorneys provide you with a free consultation so that you can decide if it’s the right fit. Want to learn more? Call us at (865) 522-7501 or visit knoxbar.org/lawyerfinder.
The materials contained in this blog are intended to, and do, provide only a broad overview of various legal topics. The general information contained in this material is not designed nor intended to be a substitute for legal advice on a specific legal issue or question. In addition, the information provided in this material is only general advice and may not be applicable to apparent similar individual problems, since only slight changes in facts change the applicable advice. If you have a legal problem or question, please consult an attorney.
Any publication, distribution, or other use of these materials without the express written consent of the Knoxville Bar Association is prohibited.
During my law practice, there are several issues that have repeatedly caused my clients headaches. To help you avoid the same, here are a few tips for contract negotiations:
Our thanks to attorney Elijah C. Lovingfoss for the content of this article. Mr. Lovingfoss is an associate attorney with Brock Shipe Klenk PLC.
After speaking to LRIS staff and receiving the name of an attorney to contact, the next step is to reach out to the attorney's office for the consultation. It's important to gather your documents, perhaps make a short timeline or summary of your issue ahead of reaching out. In this way you can be as efficient as possible in explaining your legal issue and asking the right questions to prepare you to make a decision about whether or not to hire the attorney.
Here are some questions the attorney may ask you during your conversation with him or her:
The attorney may ask you specific types of questions related to your situation. For instance, in an auto accident, they may ask when and where the accident occurred, if a police report was filed, and whether any driver was cited for a traffic or other violation. In a consumer sales situation, they may ask you if there is a written contract, whether you have a copy, and what steps have been taken to try to resolve the issue so far.
If the attorney indicates they can accept your case, you in turn will have a few questions for them. An excellent question would be "have you handled many cases similar to mine, and if so, how did you feel about the outcome?" Another great question is "how does your office typically handle client communications?" These open-ended questions should help you decide how well you and the attorney will communicate and work together.
If you elect to hire the attorney, be sure to read the engagement agreement carefully, and ask questions if you need clarification on anything. The attorney-client engagement agreement is an important document that outlines the expectations for the attorney-client relationship. A thorough understanding and agreement of those terms is important to a positive relationship with your attorney and can avert misunderstandings during his or her representation of you.
The Knoxville Bar Association (KBA) is a lawyer's professional association whose members actively seek to give back to the community. One of the longstanding public projects of the KBA is the Legal Resources Guide, a document created to assist Knoxville-area residents to find legal-related assistance. Each year, KBA staff contact government agencies, nonprofits, pro bono organizations, and others to verify accuracy of the information presented in the guide.
The most recent revised version of the Legal Resources Guide (LRG) is now available for online viewing or PDF download from the KBA website at www.knoxbar.org/LRG. The guide is organized into six sections: Knoxville Bar Association Resources, Knox County Government Resources, Free or Reduced Fee Services, Special Services, Legal Research Options, and Additional Resources. Mission, scope of service, hours, contact information, and other important facts about each organization are listed.
When downloading the guide, the user is asked to provide a name and email address and is subscribed to the monthly newsletter of the Lawyer Referral and Information Service. We do not use these emails for other purposes or sell them, and it is easy to unsubscribe. Our goal is to provide timely legal updates and resource information since we believe that the light of knowledge is powerful.
The full complement of information and services provided to the public by the KBA is available at www.knoxbar.org/legalhelp.
We know that members of the public rely on quality access to appropriate legal services. The Knoxville Bar Association’s Lawyer Referral and Information Service (LRIS) can connect members of the public with a qualified attorney who is a member of the Knoxville Bar Association and can meet their legal needs with skill and care. The Knoxville Bar Association’s Lawyer Referral and Information Service may be reached online at www.knoxbar.org/lawyerfinder or by telephone at (865) 522-7501.
The Veterans' Legal Advice Clinic hosted at the Knox County Public Defender's Office is 5 years old and counting. To date, hundreds of veterans have received assistance in a wide variety of legal issues, including family law, landlord/tenant, bankruptcy, criminal defense, consumer protection, contract disputes, child support, and personal injury, among other issues. Every month, volunteer attorneys and law students come together to provide legal advice to those who served our country and their families. It all began with a simple idea.
In early 2016, after learning about a clinic held in Memphis, J. Spencer Fair, a member of the Knoxville Bar Association's Barristers (young lawyers' section) wanted to do something special for local veterans. After talking to an attorney about a similar clinic in Memphis, he conceived hosting a legal advice clinic for veterans in an accessible, welcoming setting. He pulled together the Knoxville Bar Association, Legal Aid, and the Knox County Public Defender's Office, where the first clinic was held in September 2016. Veterans expressed appreciation and attorney volunteers were enthusiastic, so the project became a monthly event. Since that time, the clinic has been held on the second Wednesday of each month excepting a short pause during the initial months of COVID and a shift to an online advice clinic for the remainder of 2020.
The clinic is held each month on the second Wednesday from 12:00 p.m. – 2:00 p.m. at the Knox County Public Defender's Community Law Office, 1101 Liberty Street. Veterans of all ages and their family members are welcome to attend. Military identification or DD-214 is not needed in order to be helped.
The Veterans’ Legal Advice Clinic is a joint project of the Knoxville Barristers, the Young Lawyers Division of the Knoxville Bar Association (KBA), KBA/Barristers Access to Justice Committees, Legal Aid of East Tennessee, Knox County Public Defender’s Community Law Office, the University of Tennessee College of Law, Lincoln Memorial University- Duncan School of Law and the local VA office.
The next clinic is on Wednesday, June 8, 2022; Download a copy of the flyer
In 2018, Spencer spoke to John Becker of WBIR about the clinic: Watch the video here
Everyone is a consumer. We all shop for groceries and gas or pay to receive services from massages to auto repairs. Odds are, you are going to experience a problem at some point that customer service doesn’t resolve. Most will be small nuisances, but what if it’s a big one? You may ask yourself, will I be stuck between living with the problem or paying an attorney even more money to resolve it?
Since September 30, 2019, the Tennessee Division of Consumer Affairs has been housed within the Consumer Protection Division of the Tennessee Attorney General’s Office. The Attorney General has authority to enforce the Consumer Protection Act and other consumer protection related laws, both state and federal.[1]
What this means for you is that the Division has a wealth of resources for consumers. Some resources are for education – a better educated public is less vulnerable to scams. The landing page for all things Consumer Protection related is here: https://www.tn.gov/attorneygeneral/working-for-tennessee/consumer-affairs.html. It’s worth a visit, particularly if you are considering a large purchase such as a car or remodeling your home.
The Division also has a complaint process[2] which takes the form of an informal complaint mediation program. This offers consumers and businesses a good faith means to remedy disputes. After submitting your complaint, the complaint is assigned to a consumer specialist, who will send the business your complaint in its entirety along with a letter asking the business to provide a response to their office within 21 days. If the business replies, a copy of the response will be sent to you. If resolution is not achieved, you may wish to take other action.
Even in situations where resolution is not achieved, filing a complaint can aid in spotting patterns of complaints against a particular business or individual. In such situations, the Consumer Protection Division will collaborate with the Consumer Protection Division of the Attorney General’s Office, who may pursue legal action on behalf of the state. While the Attorney General’s Office is not able to represent individual consumers, the information is publicly available to aid consumers in repayment of what they have lost.
If your loss is significant and you want to consider hiring an attorney, you should do so in a timely way. Filing a complaint with the Division of Consumer Affairs does not “stop the clock” on the time you have to file a lawsuit. If you cannot afford an attorney, contact your local Legal Aid office or visit www.help4TN.org or http://tn.freelegalanswers.org.
[1] https://www.tn.gov/attorneygeneral/working-for-tennessee/consumer-affairs.html
[2] https://www.tn.gov/attorneygeneral/working-for-tennessee/consumer/file-a-complaint.html
This article was compiled from the Tennessee Division of Consumer Affairs website. The LRIS Administrator assumes responsibility for any errors herein.
The consideration of freedom and human rights has been central to citizens of the United States since before its founding. Throughout the history of the U.S., improving and broadening freedom of individuals from discrimination has been an important part of the growth of the country and continues today. What options does an individual have when they experience discrimination? One option is to contact the Tennessee Human Rights Commission, an independent state agency responsible for enforcing the state's anti-discrimination laws. Tennessee laws prohibit discrimination in housing, employment, and public accommodation on the basis of race, color, creed, national origin, religion, sex, disability (not in public accommodations), familial status (housing only) and age (40+, not in housing). The Commission also ensures the State of Tennessee's compliance with Title VI of the Civil Rights Act of 1964 which prohibits discrimination based on race, color and national origin by State agencies receiving federal financial assistance.
The Commission is nearly 60 years old and indeed existed prior to the laws it now helps to enforce. On September 30, 1963, Governor Frank G. Clement signed Executive Order 18 creating the Tennessee Human Relations Commission. At that time, the Commission’s purpose was to advise the public on their human rights, researching and making reports on human relations and reporting these findings to the Governor. The Commission accomplished this by working closely with other governmental agencies with similar duties. In 1967, legislation was passed creating the Tennessee Commission on Human Development which absorbed the duties of the previous Commission, adopted rules and regulations to govern its proceedings and added a prohibition against sex discrimination. In 1978, the Tennessee Human Rights Act (THRA) became law transforming the Commission from an advisory agency to an enforcement agency. In 1979 and 1980, the law was amended to include disability and age as protected classes. In 1983, the Commission officially became the Tennessee Human Rights Commission (THRC).
In 1984, the law was amended to prohibit discrimination in housing. In 1990, the expansion was extended to include familial status and disability as protected classes. Today, the THRA prohibits discrimination based on race, color, creed, religion, sex, national origin, age (employment only), familial status (housing only), and disability (employment and housing only). In 2009, the THRA was expanded and given the authority to verify that state governmental entities comply with requirements of Title VI of the Civil Rights Act of 1964 (Title VI). Title VI prohibits recipients of federal financial assistance from discriminating on the basis of race, color or national origin. THRC has had collaborative partnerships with the federal government for more than 30 years. In 1979, the Commission partnered with the U.S. Equal Employment Opportunity Commission (EEOC) through an employer monitoring grant, now expanded into a work-share agreement. In 1985, THRC began its partnership with the U.S. Department of Housing and Urban Development (HUD) as a substantially equivalent agency. These relationships allow the Commission to investigate cases involving alleged violations of Title VII of the Civil Rights Acts of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Americans with Disabilities Act Amendments Act of 2008 and Title VIII of the Civil Rights Act of 1968 (Fair Housing Act). The mission of the THRC is to safeguard individuals from discrimination through enforcement and education.
The Commission executes its mission through a 9-member Board of Commissioners and staff in four offices (Nashville, Memphis, Chattanooga and Knoxville). Through Rule 31 trained mediators, the Commission has operated a successful Mediation Program since its reactivation in 2008. The THRA and Tennessee Disability Act are enforced through receiving, mediating, investigating, conciliating and, when necessary, litigating allegations of discrimination. Since 2009, the Commission has also coordinated the state of Tennessee’s compliance with Title VI of the Civil Rights Act of 1964. The Commission uses a variety of public meetings, outreach events and resources to educate the public about their rights. The Commission's website is a robust source of information and can be found at https://www.tn.gov/humanrights.html.
This article was compiled from the Tennessee Human Rights Commission website, primarily from https://www.tn.gov/humanrights/about-us/history.html and https://www.tn.gov/humanrights/about-us.html. The LRIS Administrator assumes responsibility for any errors herein.
Whether a traffic citation, domestic relations matter, automobile accident, property damage claim, dispute among business owners, contract interpretation or enforcement, or criminal charges, a substantial percentage of us will at some point encounter the judicial system. Tennessee elects its state trial court judges by popular vote. Candidates seeking office must run first in the primary election on May 3, and then the top vote-getters from each political party will run in the general election on August 4. Several contested judicial seats are up for election in Knox County in 2022.
The Tennessee Code of Judicial Conduct requires certain characteristics of judges as set forth at http://www.tsc.state.tn.us/rules/supreme-court/10. In addition to being well versed in the law, highly qualified judicial candidates should have a strong work ethic, intellect, and have the type of judicial temperament that includes courtesy, patience, independence, impartiality, and respect for all participants in the legal process. These rules do not allow judicial candidates to discuss their views on controversial issues or to take a public position on issues that might come before the court. As a result, many voters do not have the opportunity to learn much about the judicial candidates.
As a service to the community, the Knoxville Bar Association (KBA) has developed a “Get to Know Your Judicial Candidates” section on its website to provide information about state court candidates running for judge in Knox County at https://www.knoxbar.org/2022Election. The site includes educational resources so voters will know what to look for in a judicial candidate and can make an informed decision at the ballot box. The primary focus of the site is the biographical profiles and a link to a video interview of the individual candidates to provide a convenient way for voters in Knox County to obtain non-partisan information about candidates. When reviewing the candidate profiles, carefully consider if the judicial candidate has the breadth of experience relevant to the position he or she is seeking.
The members of the Knoxville Bar Association were asked to carefully assess whether the candidates have demonstrated the knowledge, skill, experience, training, education, professional ethics, and temperament to fulfill the duties of the offices to which they aspire, and provide this assessment in a confidential survey. The deadline for their responses is March 11, and shortly thereafter, the survey results will be viewable at https://www.knoxbar.org/2022Election. As mentioned above, given that many voters do not have the opportunity to learn much about the judicial candidates, the Knoxville Bar Association’s Judicial Committee and its Board of Governors believes that lawyers are well positioned to evaluate other attorneys and judges in their capacity to serve on the bench and can provide helpful insight for voters who seek to be better informed.
The Survey asked members to evaluate each candidate’s overall suitability for the offices they were seeking according to the following options: Strongly Recommend, Recommend, Do Not Recommend, Strongly Do Not Recommend and, Do Not Know Candidate. If an attorney did not know the candidates’ qualifications or had no opinion, he or she was instructed to mark “do not know candidate.”
The survey further instructs that “The intent is not to endorse any particular candidate, but rather to inform the public of the opinions of many of the attorneys actively practicing in East Tennessee regarding candidates’ fitness to serve in the judicial and related offices to which they are seeking election. The Knoxville Bar Association is pleased to provide this service to members of our community who have few if any encounters with the court system,” said Knoxville Bar Association President Jason H. Long about the KBA’s Membership Survey policy. “An informed electorate is vital to the efficient administration of justice.”
Electing judges who most closely meet the criteria for the highest qualified candidates is of utmost importance, because you never know when a judge you vote for today will make a decision that will affect your business or the lives of your family and friends. It is our responsibility to vote for judges we can trust to make impartial decisions based on fair consideration of the facts and law. That is why it is so important to vote for qualified people to serve as judges.
This article was compiled from material written by attorneys Broderick Young and Sam Rutherford, Co-Chairs of the Knoxville Bar Association’s Judicial Committee, and by attorney Jason H. Long, President of the Knoxville Bar Association. The LRIS Administrator assumes responsibility for any errors therein.
The new year is a time many people include in their resolutions to become organized and maybe to have a will drawn up or revised. The following is a very brief overview of some of the various estate planning documents used; however, this is not legal advice, and you should always consult qualified counsel before taking any action.
A. Last Will and Testament
A will is a legal document that details how you want your property and affairs to be handled upon your death. For a will to be valid, the individual, called a testator or testatrix, must be over 18 years old, of sound mind, and the testator or testatrix must sign the will in front of two witnesses, and those two witnesses must also sign the will in front of each other. While the two witnesses need not be disinterested witnesses, any interested witness is limited to what he/she can take under the will to that which he/she would have received had the testator died without a will. Accordingly, it is recommended that the two witnesses be disinterested to avoid unintended consequences.
Tennessee also recognizes what are called holographic wills, which is a will done in your own handwriting. It is important to note that you cannot type your will and then sign it. Tennessee law requires that the “material provisions” in such a will be handwritten; therefore, it is best to handwrite the entire document.
Tennessee also recognizes nuncupative wills (also sometimes called “deathbed wills”). Nuncupative wills may be made only by a person in imminent peril of death, whether from illness or otherwise, and shall be valid only if the testator died as a result of the impending peril. In order for a nuncupative will to be valid, it must be: (1) declared to be the testator’s will by the testator before two (2) disinterested witnesses; (2) reduced to writing by or under the direction of one (1) of the witnesses within thirty (30) days after such declaration; and (3) submitted for probate within six (6) months after the death of the testator. The nuncupative will may dispose of personal property only and to an aggregate value not exceeding one thousand dollars ($1,000), except that in the case of persons in active military, air or naval service in time of war the aggregate amount may be ten thousand dollars ($10,000). A nuncupative will neither revokes nor changes an existing written will. With the obvious limitations of a nuncupative will, it is certainly not the best choice unless it is the only choice available.
Certain assets under Tennessee law pass outside of Probate, meaning they will pass to a designated beneficiary without the necessity of having a will. Such assets include retirement accounts such as IRAs or 401ks, life insurance proceeds, property held in a living trust, funds in payable-on-death (POD) accounts, and securities registered in transfer-on-death (TOD) form. For such accounts, you can name a beneficiary, which is a person who you wish to receive such assets upon your death.
B. Living Will
A living will is a document that allows you to specify your decisions related to end of life care. This includes such things like whether or not you wish to be kept alive by artificial means and whether you wish to donate your organs. To make a living will, it must be in writing and signed by the individual in front of a notary public or signed in front of two witnesses without a notary public. If it is signed in front of two witnesses without a notary public, at least one of the witnesses must be disinterested. A disinterested witness, in this case, is a witness who is not related to the principal by blood, marriage, or adoption and would not be entitled to any portion of the estate of the principal upon the death of the principal under any will or codicil made by the principal existing at the time of execution of the declaration or by operation of law then existing.
C. Power of Attorney
A Power of Attorney is a way to grant another individual the power to make decisions for you. A Health Care Power of Attorney is a document that allows you to designate a person you wish to make medical and end of life decisions for you. A General Durable Power of Attorney is a document that allows you to grant another individual the power to make financial decisions for you. This would include such things like writing checks, selling or acquiring real property, managing bank accounts and insurance, etc. To be effective, a power of attorney must be signed by the individual in front of a notary or in front of two witnesses without a notary. If it is signed in front of two witnesses without a notary, at least one of those witnesses must be disinterested, meaning, in this case, that the witness is not related to the principal by blood, marriage, or adoption and would not be entitled to any portion of the estate of the principal upon the death of the principal under any will or codicil made by the principal existing at the time of execution of the durable power of attorney for health care or by operation of law then existing.
If you have a question about any of these documents, we encourage you to seek legal advice.
So, You Want to Start a New Business in Tennessee
The 2012 NFL Rookie of the Year once tweeted, “Know Your Why!” This may be one instance when what is true in football is also true for business: the most important part of starting a new business is asking the question “Why?” You have already done that, either directly or indirectly, in coming up with the idea for the business. Don’t stop asking it. Here are a few “why’s” to consider.
Why should I consult with an attorney and an accountant early in the process?
Although creating a new business is relatively straightforward, choosing the correct form for your business is harder. We have all heard terms such as “partnership,” “LLC,” “S-corp.,” etc., but each of these terms refers either to a form in which people do business or an entity that is considered its own legal “person,” separate from the people who own it.
In Tennessee, the business forms for a single owner are the sole proprietorship, LLC, and corporation. For multiple owners, there are the general partnership, LLC, corporation, limited partnership, and limited liability partnership. You should consult an attorney and an accountant early in the process so that you understand the differences and how they will impact the way you do business.
Why are there so many choices?
The answer is simple: liability and taxation. Liability and tax consequences should be factors in your decision-making throughout the life of your business. The interplay of liability and taxes is too complex to address in this article, but generally, each of these forms address liability and taxation differently.
For example, sole proprietorships and general partnerships offer no liability protection for their owner(s), but other forms (LLC, corporation, etc.) do. Similarly, each form falls into at least one tax category at the federal level and some may be exempt from certain state-level taxation. Each form comes with a trade-off on liability and taxation. Choosing the wrong form can have significant negative consequences in liability protection, taxation, or both.
Why can’t I just open for business?
Liability can be addressed through a combination of the appropriate business form, insurance, and compliance with any legal requirements (including taxes). Once you have chosen the proper form, you should focus on compliance. The most common “next steps” are requesting a Federal Employment Identification Number and obtaining business license(s) for the state and municipality where you are doing business. Depending on your business, you may need additional permits or licenses.
For example, if you start a microbrewery, you need more than a business permit. You need additional federal, state, and local permits. These permits take time and have restrictions that need to be considered when choosing the form of business. So, as you are having those initial meetings with your business attorney and accountant, make sure they know the products and services your business will provide. They can help you choose the right entity and obtain the necessary permits so that you can be successful from Day 1.
Our thanks to attorney Nicholas J. Chase for the content of this article. Mr. Ellis is a shareholder at Egerton, McAfee, Armistead & Davis, P.C. and he teaches Mergers & Acquisitions at the University of Tennessee College of Law.