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NOVEMBER 15- VOL 15, NO. 10 N ashville B ar J ournal Reinstating a Tennessee Driver License – A Practice Primer Everette Parrish Law Practice Tips: Search Engine Optimization (SEO) Barbara Moss Fred Thompson Retrospective Investiture Remarks of Magistrate Barbara Holmes

Nashville Bar Journal | November 2015

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NOVEMBER 15- VOL 15, NO. 10Nashville Bar Journal

Reinstating a Tennessee Driver License – A Practice PrimerEverette Parrish

Law Practice Tips: Search Engine Optimization (SEO)Barbara Moss

Fred Thompson Retrospective

Investiture Remarks of Magistrate Barbara Holmes

MARK YOUR CALENDAR!Check the NBA website atwww.nashvillebar.org

DECEMBER 4, 2015 ANNUAL ENTERTAINMENT LAW IN REVIEW4.0 CLE HOURS- 3.0 GENERAL, 1.0 DUAL

DECEMBER 10, 2015 MORNING SESSION: SUPREME COURT CASES AND LEGAL DEVELOPMENTS 2015 - SEAN CARTER3.0 CLE HOURS - GENERAL

DECEMBER 10, 2015 AFTERNOON SESSION: THE ETHY AWARDS 2015 -- SEAN CARTER3.0 CLE HOURS - GENERAL

DECEMBER 10, 2015 BOTH SESSIONS: SUPREME COURT CASES & ETHYS AWARDS - SEAN CARTER3.0 CLE HOURS - GENERAL

DECEMBER 15, 2015 CLE-BY-THE-HOUR9 am – 4:50 pm6.0 CLE HOURS (including 3.0 Dual)

NBA Calendar of Events

Committee Meetings are held at the NBA Offices unless otherwise noted l o= Special Event l Full Calendar online at www.nashvillebar.org

Feature

Articles Departments2 From the President

4 Communique

19 100% CLUB MEMBERS

20 Non-Profit Spotlight: Best Buddies

22 YLD ANNIVERSARY PARTY RECAP

24 Disclosure - Announcements • Kudos • People on the Move • Firm News • In Memory

24 Classified Listings

NOVEMBER 17Annual Swearing-In Ceremony and Judges ReceptionBirch Building, Jury Assembly Room4:30-6:30 PM

NOVEMBER 17CLE: Business Law: Practice Pointer and Tips on Key Issues You FaceNBA Conference Center, 1:30 PM3.0 CLE Hours - General

NOVEMBER 19, 2015Memorial ServiceDowntown Presbyterian Church11:00 AM

NOVEMBER 20, 2015CLE: Ethics, Lies & Videotape, Part XIII3.0 CLE HOURS- DUAL

NOVEMBER 23 CLE: Drafting C and S Corp Stock-holder Agreements, Part I

NOVEMBER 23 NBA 2016 Board of Directors Balloting closes at 5:00 PM

DECEMBER 1 NBA Board Meeting

DECEMBER 3 Annual Meeting & BanquetMusic City Center, 5:30 PM

6 Reinstating a Tennessee Driver License– A Practice Primer Everette Parrish

8 Law Practice Tips: Search Engine Optimization (SEO) Barbara Moss

10 Investiture Remarks of Magistrate Barbara Holmes

12 Gadget of the Month Bill Ramsey, Neal & Harwell , PLC

Phillip Hampton, LogicForce Consulting

14 2016 Nashville Bar Association Board of Director Nominees

communiqué

Golden OldieIdentify the individuals in the photo. Be the first to email the correct answer to [email protected] and your name (along with your correct entry) will appear in next month’s issue. If you have any photos you would like to submit for the Golden Oldie then please send those to the email above.

Nashville Bar Journal - November 20152

Nashville Bar Association150 Fourth Avenue North

Suite 1050Nashville, TN 37219

615-242-9272 Fax 615-255-3026www.nashvillebar.org

Edward D. Lanquist, Jr., Publisher

William T. Ramsey, Editor-in-Chief [email protected]

Eleanor Wetzel, Managing [email protected]

Editorial Committee:Kelly L. Frey

Kathleen PohlidTim Ishii

Tracy KaneEverette Parrish

Bill RamseyRita Roberts-Turner

Eleanor WetzelDavid WintersVictoria Webb

No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. The Nashville Bar Journal is not responsible for the return or loss of unsolicited manuscripts or for any damage or other injury to unsolicited manuscripts or artwork.

All Articles and Letters contained in this publica-tion represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association.

The Nashville Bar Journal, ISSN 1548-7113, is published monthly by the Nashville Bar Association at 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219, (615) 242-9272. Periodicals Postage Paid, Nashville, TN (USPS 021-962). Subscription price: $25 per year. Individual issues: $5 per copy.

POSTMASTER: Send address corrections to Nashville Bar Journal, 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219

Nashville Bar Association Staff

Monica MackieExecutive Director

-----------

Susan W. BlairDirector, Continuing Legal Education

Shirley ClayFinance Coordinator

Wendy K. CozbyLawyer Referral Service Coordinator

Jessica HillDirector of Communications

Traci L. HollandsworthPrograms & Events Coordinator

Malinda MoseleyCLE Coordinator

Judy PhillipsCLE Coordinator

Vicki ShouldersMembership Coordinator/Office Manager

A Monthly Publication of the Nashville Bar Association

'

May it please the Court, my name is Ed Lanquist and I am a member of theNashville Bar.

A year ago I greeted you with that language. I told you that I was very proud to serve as President of the Nashville Bar Association. I am very proud that you gave me that opportunity.

I want to again thank my partners and the rest of our firm for allowing me to be President. I also want to thank those attorneys, too many to mention, who have helped me along the way. Finally, I want to thank the Bar membership, the Board, and the staff for making memorable this year.

I want to thank your Nashville Bar Association Board for working hard this year and in developing the first strategic plan of record in the last more than 20 years. That plan addresses all aspects of the bar and plans for more services to members, better stewardship and increasing membership.

The Nashville Bar has arrived at the cross roads discussed last year but now has a plan as to its chosen path. Our membership committee chaired last year by John Mclemore and next year by Andrea Perry continues to look for ways to encourage people to join and remain active. The programs we have with our partners at First Tennessee and Thomson West to pay for dues is growing. The Social Committee anchored by Erin Palmer Polly, Sara Reynolds, Ryan Levy, and Rob Bigelow continues to develop monthly opportunities for our members to come together.

Thanks to Ed Yarbrough and the other members of the Historical Committee we followed up Baker Vs Carr from a few years ago with Hoffa! in which we studied and learned about a president elect of the Nashville Bar who for many possible reasons did the unthinkable and tampered with a criminal jury ending up in prison. Plans are already underway to have a program in 2016 on the Blanton era.

Thanks to Irwin Kuhn and members of the CLE Committee on providing more and better CLE programming. The Board and Committee realize the increased competition in this space and are developing ways to become more competitive. Please come out later in the month to experience our new programs where we will watch an entire film and discuss its ethical implications. We believe that we will soon be able to release a plan for each NBA member to obtain three free hours of on line CLE.

Thanks to Monica Mackie, our new executive director who joined us after I initially spoke with you last year. Monica has a plan and is executing on it. She is making sure that our staff places member service as the prime directive.

Thanks to our past presidents, a group that I will soon join. You provided input on the strategic plan as well as other programs. Going forward we hope to continue to use you as our advisory board.

I also want to again discuss the beauty of the practice of law and the important role that each of us plays in maintaining the public’s trust and respect. While we need to remember the practice of law is a business and a great way to make a living, it is more importantly a sacred profession. We may be handling another comp case, another title policy, or negotiating yet another plea bargain, we all need to remem-ber that what is rote for us is not for our clients. We are probably representing this client in his or her only encounter with the law. Therefore, we need to make sure that we take the time necessary with each client to provide the best possible

Edward D. Lanquist, Jr.by:

from the president

Nashville Bar Journal - November 2015 3

Got an Idea for an NBJ Article?We want to hear about the topics and issues readers think should

be covered in the [email protected]

NASHVILLE BAR ASSOCIATION

Each day, we work hard to help people and businesses in our

community. The NBA has a wide variety of services and programs

that can help lawyers work smarter, stay informed and keep connected

with fellow attorneys. From sole practitioners to the largest firms,

from legal aid attorneys to those in private practice, the NBA supports all of us so we can better serve our

clients and the justice system.

Our Bar Association is much more than just a collection of services.

The power of our membership lies in the power of the people.

WE are the Bar. And together, we shape the future of the legal

profession.

representation. We cannot let what managed care has done to the medical profession do the same to the legal profession.

A year ago I spoke of the NBA members who have made history. I also discussed these and other NBA members in whom we should place pride. If called or if the opportunity arises, each of us must be prepared to be the next history maker despite a lack of financial incentive. Please be prepared to serve and serve if called.The NBA is made of hundreds of leaders within our community. You are making differences in the groups that you lead. We must understand the importance that we provide to the electoral process. This year we recaptured some of our political relevance. We hosted a Mayoral Forum. We took an active role in the retention elections. I hope that we will continue that momentum.

Thanks to my good friend Joycelyn Stevenson who will be a great NBA President. Joycelyn has been a joy to work with and will bring leadership, ideas and energy. Joycelyn has served in her role as president elect very effectively and actively and will continue to do so as your next president.

As a Bar, we continue to have tremendous potential. By providing service to our members, we can grow, thrive and make Nashville Bar Association membership an essential part of practicing law in our city.

Thank you. n

2015 NBA BOARD OF DIRECTORS

Edward D. Lanquist, Jr., PresidentJoycelyn Stevenson, President-Elect

Dewey Branstetter, First Vice President John C. McLemore, Second Vice PresidentCharles K. Grant, Immediate Past PresidentRyan D. Levy, Young Lawyers Division President

Whitney Haley, Secretary Hon. Joe B. Brown, Treasurer

Eric W. Smith, Assistant TreasurerLela Hollabaugh, General Counsel

Robert C. BigelowHon. Joe P. Binkley, Jr.Hon. Sheila D. Calloway

Kathryn S. Caudle Margaret M. Huff

Hon. William C. Koch, Jr.Irwin J. KuhnClaudia Levy

Hon. Randal S. MashburnJeffrey MobleyAndrea P. Perry

Erin Palmer PollyMatt Potempa

David L. RaybinSara F. ReynoldsNathan H. RidleyMaria M. SalasSaul Solomon

Overton Thompson, IIIM. Bernadette WelchMeeting Space @ the nBa centeR

The NBA Center is available for you to host meetings, arbitrations, depositions, and other events. Members may also use the NBA’s Guest Attorney Office when they need an “office away from the office” with internet and phone access.

Contact Vicki Shoulders at [email protected] and indicate the date, time and meeting room preference. Meeting space is subject to availability.

https://www.facebook.com/NashvilleBarAssociation @theNashvilleBar

Nashville Bar Journal - November 20154

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The NBA Historical Committee has completed over 40 oral histories of members! A big thanks goes to the following court reporters/ videographers for donating time to make this happen: Vowell and Jennings, Jim Davis of Legal Video Service, Mike Mitchell of VCE and Jason Powers of Nolan and Powers. Without their help, this history project could not exist.

Any NBA member age 65 or older may record an oral history. Just contact Gareth Aden ((615) 244-4994 or [email protected]) or Hal Hardin ((615) 369-3377 or [email protected]) to schedule your time.

NBA Historical Committee Oral History Project

Nashville Bar Foundation GrantThe Nashville Bar Foundation is now accepting grant applications. If you know of any 501(c)(3) organizations that may be eligible for a Foundation Grant, please let them know.

Requests must be submitted no later than 4 p.m. on January 15, 2016 in accordance with grant guide-lines. View grant eligibility and application guidelines at www.nashvillebar.org/NBF/GrantRecipients.html.

The Foundation will allocate funding each budget year on the basis of written applications in a format prescribed by the Foundation. Grant Applications can be requested by email from Vicki Shoulders at [email protected].

Applications are due no later than January 15 of each year for consideration by the Foundation at its next meeting. Any application received after the applicable deadline will not be considered.

NBA Memorial ServiceThursday, November 19, 2015, 11 AM Downtown Presbyterian Church

The Nashville Bar Association's Memorial Service will be conducting the service on Thursday, November 19, 2015 at the Downtown Presbyterian Church. The service begins at 11 AM with a reception immediately following in Fellowship Hall.

A project of the NBA's Historical Committee, the Memorial Service honors the memory of those Nashville lawyers and judges who passed away during the preceeding six-month period. Memorial resolutions, recounting the lives and legal careers of the deceased individuals, are prepared and then read at the service by friends and colleagues of the bench and bar. Family members and friends of those being remembered are invited to attend.

Swearing-In Ceremony And Judges Reception WHEN: Tuesday, November 17th

WHERE: AA Birch Building - Jury Assembly Room

TIME: 3:30 PM Swearing In Ceremony / 4:30 PM Judges Reception New Lawyers - If you are a new lawyer being sworn-in and would like to participate in the Nashville Bar Association - Swearing In Ceremony, please register here for the ceremony - https://www.formstack.com/forms/?1325498-5JHFJS-5Cuw

NBA Members - If you would like to attend the Judges Reception following the Ceremony, please register here: https://nashvillebar.formstack.com/forms/judgesreception

Please call Traci Hollandsworth at 615-242-9272 or email her at [email protected] with any questions.

Nashville Bar Journal - November 2015 5

UPCOMING EVENTS:

NBA Swearing-In Ceremony and Judge’s Reception

November 17, 2015at Justice A.A. Birch Building, Courtroom 1-AReception following at 3:30 PM--------------------------------

Memorial Service

November 19, 2015at Downtown Presbyterian Church at 11 AM------------------------------Annual Meeting & Banquet

December 3, 2015at Music City Center at 5:30 PM

Sean Carter, Esq.Humorist at Law

December 10, 2015AT&T Building at 8:30 AM------------------------

DATE: Thursday, December 3, 2015

LOCATION: Music City Center

TIME: Reception: 5:30 PM • Dinner: 7 PM

Please join us at the NBA Annual Meeting & Banquet on Thursday, December 3, 2015 at the Music City Center.

A reception for our Members will begin at 5:30 p.m., with dinner and the program to begin at 7 p.m. The passing of the gavel from President Ed Lanquist, to President-Elect Joycelyn Stevenson, introduction of the NBA officers for 2016, and Awards are on the agenda for the evening.

RSVP at https://nashvillebar.formstack.com/forms/banquet_registration_form or click RSVP button on the home page of NBA website at www.nashvillebar.org.

Nashville Bar Journal - November 20156

A client who has lost driving privileges will want them restored quickly and correctly. Here is helpful information vital to an advising attorney on reinstating a driver license1 in Tennessee.

In February of 2015, Tennessee began providing a new on-line service to help streamline reinstatements of driver licenses.2 After entering just four items of personal information (last name, date of birth, driver license number, and the last four digits of the social security number), a driver can look up costs and pay fees that will generate the paperwork necessary to begin reinstating a driver license. If a letter from the Department of Safety or a court order indicates that other reinstatement requirements are necessary, those documents should be faxed to (615) 253-2093; Attention: Online Reinstate.

Once the reinstatement fees and other requirements are completed and acknowledged by the Department of Safety, the reissuance of the license can also occur online by selecting the department’s website link labeled, “Reissue After Rein-statement”.

A client will likely have incurred the legal obstacle of rein-statement because of two primary problems: due process and/or money. Mailed instructions and warnings will have been sent to the client long before a license is taken, but the client may simply not have read the letter, not have acted on the information, or may have procrastinated and thereby waived

Everette Parrishby:

many due process opportunities to avoid the taking of the license in the first place.

There is often a significant amount of money owed to regain a license and the client simply may not have enough to pay the entire amount in one lump sum. The department’s Financial Responsi-bility Division does allow installment plans if: (1) more than $200 is owed; (2) a down payment of $200 plus a $25 administrative fee is paid; and (3) $300 a quarter is paid.3

Generally, a loss of license is triggered by two major events – criminal convictions or non-payment of child-support.

For those guilty of certain crimes or driving violations, Tenn. Code Ann. § 55-50-502(d) allows offenders to move the court for a repayment plan order listing repayment terms and stating that all other conditions are met which will allow for re-instatement of a license in many cases. Criminal C ourt judges in Davidson County have proven quite helpful to offenders in ordering certain fees waived and establishing very modest repayment terms, so that offenders can get driver license privileges returned to them to go to work, earn money and better care for their families.

Reinstating A Tennessee Driver License – A Practice Primer

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Nashville Bar Journal - November 2015 7

Child support non-payment infractions and loss of licensure come under the authority of Tenn. Code Ann. § 36-5-706(b)(3). Note that there are many due process opportunities including judicial review that exist under Tenn. Code Ann. § 36-5-701, et seq., to prevent or forestall license revocation, but that the loss of licensure itself is not appealable, once enacted.4

Driving under the influence,5 failure to render aid,6 driving and not hav-ing a license7 or insurance,8 and accumulating 12 or more driver improvement program points in a year (or 6 for a juvenile),9 are but a few other ways drivers lose their license and driving privileges. Juveniles with driving infractions may be dealt with in juvenile court or in the traditional courts, depending on the age of the child at the time of the violation.10

Best practices for an attorney helping clients with driver license issues rely heavily on the client informing the attorney early on of any and all notices received by the client from the Department of Safety and Home-land Security, the Department of Human Services and, of course, all citations and arrests. Simply requesting a hearing on a pending suspension will often result in the opportunity to participate in a defensive driving class instead of having a license suspended, or at the very least, will reduce the amount of time the license is taken.11 Visits to the clerk desk with questions and motions filed for payment plans in the committing criminal court will result in the necessary documents to include via fax along with the online reinstatement fee and should result in a client getting a license back faster than they could on their own.

Driving is a privilege, not a right, but a well-prepared attorney in the laws and procedures of reinstatement will protect the due process rights and appellate rights enjoyed by every driving resident in middle Tennessee.

Continued on Page 7

(Endnotes)1. While “driver’s license” is the common ex-pression in everyday conversation, Tennessee statute consistently refers to it in the singular.

2. TN Department of Safety and Homeland Security, Department of Safety & Home-land Security Announces New Driver License System to Improve Efficiency (Mar. 19, 2015), https://www.tn.gov/safety/news/7888.

3. TN Department of Safety and Homeland Security, Payment Installments (Oct.2015), http://tn.gov/safety/article/frinstallment.

4. TENN. CODE ANN. § 36-5-706.

5. TENN. CODE ANN § 55-10-404.

6. TENN. CODE ANN. § 55-50-501.

7. TENN. CODE ANN. § 55-50-504.

8. TENN. CODE ANN. § 55-12-114.

9. TENN. CODE ANN. § 55-50-505.

10. For a teenager, juvenile court may suspend and hold a license or – if they are 16 or over – send the youth on to an adult court for dis-position. See TENN. CODE ANN. § 37-1-146.

11. TN Department of Safety and Homeland Security, Driver Improvement (Oct. 2015), https://tn.gov/safety/topic/driverimprovement.

Everette Parrish provides criminal defense for those accused of crimes in Middle Tennessee. Parrish is a regular contributing committee member of the Nashville Bar Journal and maintains a juvenile, family and criminal defensepractice in middle Tennessee.

Nashville Bar Journal - November 20158

A website can fill two needs in “the information age”: it can serve as an enhanced white page listing, so that people who already have your name can look you up, or it can serve as a way for people with a need for your legal abilities to find you. If you are interested in generating business through your website, you probably have been thinking about best practices for search engine optimization (SEO) and wondering:

• What are keywords and how can you find and use them to rank well on Google (and other search engines)?

• How can you use the speed and structure of your website to enhance the experience of visitors?

• Should you use social media, such as LinkedIn , Twitter, and Facebook?

• Finally, when should you hire an expert to help you?

To address these questions completely would take many pages, but let’s touch on the critical basics.

Barbara Mossby:

1. What are keywords and why are they important?

Keywords and key phrases are what your prospects enter in search engine queries to search for information about a topic. For instance, a woman who discovers her husband cheating on her might type “Tennessee divorce attorney” to explore her options. Google has tools for finding the best keywords for your area of law practice. One such tool is the Google Keyword Planner . The goal of SEO is to rank well for these types of queries in what are known as the search en-gine result pages (SERPs). You want to send this “organic” traffic to your site.

2. How can you make content on your web pages work for you?

SEO “best practices” involve optimizing what your pages look like to human visitors as well as to Google and other search engines. You do this by creating well-written descriptions of your services and instructions for the web visitor (such as how to contact you). Your content should have the right “keyword density.” For instance, to rank well for the keywords “Tennessee divorce

Law Practice Tips: Search Engine Optimization (SEO)

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Nashville Bar Journal - November 2015 9

attorney”, you might include that phrase – or variations of it – in your copy. However, you don’t want to in-clude dozens of iterations of it, to the point that the copy becomes illegible or sounds like spam.

There are also more technical aspects to SEO, such as creating title tags and meta tags. The topic of hiring expert help is discussed below.

3. How can you use the “structure” of a website?

Structure is the blueprint for direct-ing web visitors to different content on your website. The most important aspect is contained in the title of the bible on this subject: Don't Make Me Think. Is the navigation intuitive? Do your menus make sense? If a prospective client follows the menu, does the content direct them to the right places and make sense when read together. Does the site load and read well for browsing on a desktop computer or mobile device? Does the content lure people to stay on the website and click through the copy?

Many types of site structure can “work” from an SEO perspective, but you should always ask yourself whether

the site is meeting the needs of the user. Keep visitors on the page not through tricks but rather through offering useful information.

4. Does the speed of your website work for you?

Slow websites kill SEO and can frustrate potential clients Consider hiring an expert to optimize the speed with which your website loads.

5. Should you try to use social media?

Google i s now recogniz ing mentions of your name or firm name in social media (such as LinkedIn, Twitter and Facebook). Consider promoting your blog posts and other content on social media using a business page.

6. Do you really need to blog?

A blog is an opportunity for you to publish informative content on a consistent basis. Google likes content. Good content can include, beside blog posts, eBooks, and videos.

7. Should I pay for links?

Avoid this temptation. Paying for links is a so-called “black hat” SEO technique. Google is trying to find ways to identify and punish this technique.

8. When should you hire an expert and how much should you pay?

If you have competition and you want to rank highly in search results, you should hire an expert. Most SEO optimization companies require monthly payments. Some provide guarantees, such as an initial deposit and then no further payment until you are on page one with some important keywords. You can also hire an expert to create content on a regular basis.

9. My experience

The need for SEO is here to stay. When I opened my new practice in Elder Law. I wanted to bring in clients from the Internet and it made sense fi-nancially to pay for SEO. Two clients a month who find me on search engines is enough to justify the cost of getting help. I did enough research to learn what I didn’t know about SEO and

Continued on Page 9

Elder Law of Nashville was founded by Barbara J. Moss, who practices elder law, Medicaid (“TennCare”) planning and crisis management, asset protection, conservatorship, estate planning, probate and trust administration, and Veterans benefits. She has been listed in Best Lawyers in America® since 2005 and has been named multiple times by her peers as one of the 100 best lawyers in Nashville (most recently in 2015) in the Nashville Business Journal’s “Best of the Bar.” She is currently listed in Nashville’s Best Lawyers, and is designated a “Super Lawyer” by Law & Politics Magazine. She is consistently named by Memphis Magazine as one of the top 50 women attorneys in the mid-south.

Nashville Bar Journal - November 201510

Dear Santiago and Jack,

I have no words to describe for you what I feel today, looking out on a room full of faces here to celebrate and knowing with certainty that there is not a professional or personal memory in my mind and my heart that doesn’t have at least one of those faces in it. I hope that someday you experience that same feeling.

Sometime, when you each reach that age that you want to hear family stories, we’ll sit down and I’ll fill in some of the details that go with this letter. But here are just few of my thoughts about today.

You know that I love hockey, how could I not. But what you might not know is that the sport I first loved is baseball. I’m pretty knowledgeable about baseball because I grew up going to games and, as did many of your aunts, kept the book during high school when your great-grandfather coached. Your Grandpa Bud, who coached baseball for something like 50 years, has forgotten more about baseball than most people will ever know. And your great-grandmother, Donna, was right there along with Grandpa Bud at every game. She made sandwiches for double-headers on Saturdays for her own seven kids and a few extra for anybody who forgot to bring a lunch, like the

bachelor, biology teacher assistant coach. She kept the book when nobody else was available, and she’s washed more uniforms that she probably cares to count.

I think what I learned from baseball will serve me well on the bench. I know that making the right call is impor-tant, but sometimes it can be hard, especially when there is someone trying to convince me to do something else. And that’s why I tried to never let the fielders talk me into recording what was a fielding error as a hit for the batter.

But I also learned that you don’t always know if some-thing is foul or fair right away. That reminds me not to rush to make decisions, to take the time to see how things will play out, and spend the time needed to analyze the issue.

I know that sometimes there are quirky rules, like the infield fly rule. And you need to know what those rules are and the reason for them.

I know that sometimes the difference between the right call and the wrong call, between a strike and a ball, between safe and out, is a matter of inches. But those inches—and paying attention to those inches—are critical.

Investiture Remarks of Magistrate Barbara Holmes

Feature

Photo courtesy of John McLemore.

featureThank you all for coming today. To the district judges, a special thank you for giving me this opportunity to be of service to the court and the community. To my fellow magistrate judges, thank you for making me feel so welcome and for your generosity of time and advice (and for never saying out loud that my question was stupid). Thanks especially to my family, some of whom traveled a long way to be here today. Also, thank you and welcome to the many members of the state and federal bench, elected officials and other public servants, my staff (who are amazing and without whom I couldn’t survive), friends and colleagues. I am humbled, and so very happy to share this day with you.

Earlier this week, I had remarks pretty much written with only some minor tweaks needed, and then once my family began arriving, we’ve spent time, as families do, sitting around the table reminiscing, and I decided that I wanted this day to be about that – family –which meant that I needed to start over. And that’s either one of the most fearless things I’ve ever done. Or one of the most foolish. And I suppose about 10 minutes from now, we’ll all have an opinion as to which of those it was.

My husband, John, and I have two grandchildren. Santiago, 10 years old, and Jack, 18 months. What occurred to me as we shared stories and laughed about family times is that at some point, maybe later rather than sooner, Santi and Jack may think that having a grandmother who is a federal judge is cool (or whatever the expression of coolness is for that generation). Since Santiago, who lives part of the time in southern Colorado and part of thetime in northern New Mexico, couldn’t be here today, and Jack, who is here, probably won’t remember— despite being the smartest toddler ever—I thought a letter to them with my thoughts about the day was in order. So, here’s my letter to Santiago and Jack.

Nashville Bar Journal - November 2015 11

I know that being part of a team is important. And fulfilling.

I learned how to deal with the pressure of a dugout —or a courtroom—full of people who are passionate about the outcome and want things to go their way. And how to manage those people when it doesn’t.

One of the most important things I learned is that every season brings a fresh start. No matter how bad last season – or yesterday – was, I need to figure out what I can do to improve on it and move on.

Santi, I know there are many more of the same lessons you can learn from soccer, and I hope you do. And, Jack, whatever sport you wind up loving, I hope you do the same. If you decide to play hockey, like your Dad, remember this. Sometimes there is a reason to break the rules, to get a penalty, whether it’s to stop the momen-tum of the other team or to respond to a cheap shot, but know that when you do, there is also a price you have to pay and be prepared to pay it.

When I’m filling in the details for you of my journey to today, one of the things I’ll tell you about is how I come from a long tradition of public and commu-nity service. Your great-great-grandparents were very active in their small town and really made a difference, through church activities, volunteer service to and leader-ship roles in local organizations and com-munity groups, and through youth sports programs. Your great-grandparents were also community volunteers – a firefighter, town council members, police commis-sioner, Sunday School teacher—and they impacted the lives of so many others in so many ways. I don’t know whether my life will have a ripple effect of that magnitude, but I do know that their example made me want to be a better person and a bet-ter lawyer. And I hope that will make me a better judge.

But, more than anything, what I hope you learn from being part of our family is to always support each other. I would never have gotten to today without the support of our extended family. I remem-ber my mother telling me at my law school graduation that a treasured high school English teacher told her at my high school graduation that she didn’t think I was ready for college. My mother didn’t tell me at the time, because she knew it would be devastating and make me doubt myself. She told me at my law school graduation so that I would know that no matter who else doubted me, she never did, and that I had already achieved what my English teacher doubted I could do.

No matter how many stupid things we did as kids, and because we were teacher’s kids, there probably weren’t as many as some (because our Dad made sure we knew that if we got in trouble at school, we were in as much, or more trouble at home), we always knew that our parents supported us. Your parents always sup-ported me. And, your parents (and your grandparents) already believe you are destined for great things, so be confident and strong in that support.

I can’t end a letter to you about family—and especially in talking about supporting each other—without men-tioning your Pops. He didn’t blink an eye when I said I wanted to go to law school at Vanderbilt, which meant we had to pack up and move 1,200 miles. He drove the U-Haul, without air conditioning, all the way, moved furniture into our married student housing apartment in the middle of the night (to avoid the stifling Tennes-see August heat) and the middle of a bug attack, and he found a job at Winn-Dixie grocery store stocking shelves within 24 hours of our arrival in Nashville. He never wavered in his support of anything I wanted to do (except maybe if I insist

on someday retiring in the mountains instead of at the beach). Most certainly not of my decision to apply to be a U.S. magistrate judge. “You should do whatever you want to do ” and “Of course you can do it” are the sweetest, most affirming and empowering words that you can give to the people who are important to you. Remember that.

Someone once said that “We’re all a little weird. And life is a little weird. And when we find someone whose weirdness is compatible with ours, we join up with them and fall into mutually satisfying weirdness – and call it love – true love.” I’m so glad that Pops thought my weird-ness was compatible with his. And that he never changed his mind about that. I hope that you find in your lives someone who loves you for your weirdness, not just in spite of it, like Pops does me. And I do him.

Santiago, maybe you’ll want to read this letter now. And, if not, that’s okay. Maybe you and Jack can each read it when you graduate from high school or college. Or maybe on the occasion when you also celebrate a milestone in your life. Whenever you do, know that today was one of the most special days of my life. And that I hope our family—our extended family—shares countless more special days together.

With all my love to you sweet boys,Babs

"You should do whatever you want to do” and “Of course you can do it” are the sweetest, most affirming and empowering words that you can give to the people who are important to you. Remember that.

BARBARA HOLMES has devoted time, energy, and creative efforts on behalf of the NBA CLE committee for over 25 years. She brings a dedication and passion to legal education that is exemplified by the innova-tive and creative instructional methods in her programming that has supported the highest level of educational excellence for the NBA.  In addition to developing many programs across a broad range of topics, Barbara has focused on creating and participating in ethics and professionalism programs during her many years of service.  Barbara has also been the recipient of the NBA CLE Excellence Award which is given to an NBA member in recognition of exceptional service to the NBA Continuing Legal Education program through dedication and commitment to the NBA’s mission to provide quality continuing legal education. 

Nashville Bar Journal - November 201512

GADGET OF THE MONTH

BILL & PHIL'S

As you all know, Bill has always been a fan of Apple and the innovations it has introduced over the years. Phil is still unimpressed. Phil is of the opinion that Apple’s latest innovations are mainly figments of the tech writers who heap endless amounts of kudos upon Apple products. The latest Apple tech “advances”, iOS 9 and Apple Watch OS 2, have Bill moving closer to Phil’s view of the Apple Dynasty.

When Microsoft introduced the Surface Pro 4, the fourth installment of its popular laptop/tablet hybrid, we were not surprised. Indeed we had been waiting impatiently as the “new” smell on our barely year-old Surface Pro 3 had just begun to wear off. What did catch us by surprise, however, was the introduction at the same time of a brand new lap-top device from the folks in Redmond, the Surface Book. We were in a dilemma. Which device should we purchase? The long awaited Surface Pro 4, or this brand new form factor in the Surface Book that nobody saw coming? We settled the conundrum like we usually do. We bought both!

So, Bill took one device; Phil took the other. We each retired to our respective man caves and ran the devices through their paces. We then compared notes and decided that we would indeed keep both devices. There are good uses for each (or at least that was the excuse for us to add to our growing gadgets collection).

First, the Surface Pro 4, as mentioned earlier, is simply an upgrade to an existing product line. We are proud to admit that we have owned every iteration of this product since its inception in 2012. That being said, we were not particu-larly impressed with the early models. Microsoft finally put out a winner in 2014 with the Surface Pro 3. Now, the Surface Pro 4 builds on that successful release and adds even more reasons to upgrade. The first thing we noticed with the new Pro 4 is that it is actually thinner (and a bit lighter) than the Pro 3 model; however, the viewable screen sur-face is actually a shade larger. So far so good…we were duly impressed even before pressing the power button. After booting up the device, we noted, of course, that the device comes with Windows 10, which we have readily adopted on all of our PC devices, and find to be incredibly more accessible and business-friendly than Windows 8. We also noticed that Microsoft has increased the resolution on the Pro 4 screen even more, making the display beautifully bright and sharp. Other than the updated Windows 10 interface changes and the brighter screen, however, the Pro 4 pretty much functions the same as the Pro 3 model.

The peripherals are perhaps where Microsoft really upped the ante with the Pro 4. The Surface Pen which in the pre-vious model hung precariously in a silly stick-on pen loop (we lost 2 of them), now is magnetic and sticks securely to the side of the tablet chassis. Even more appealing, the Surface Pen feels more like a real writing instrument and the response on the Surface screen is as good as any stylus we have used on any device. The other peripheral that received a serious upgrade is the Type Cover keyboard. Microsoft has progressively gotten better with each release of a Surface keyboard. This one is the best yet with the feel of real keyboard keys and an expanded and much improved mouse touchpad. We just wish the keyboard cover was bundled with the Surface Pro (instead of paying an extra $160 for it as an add-on).

Surface Pro 4 vs. Surface BookBy: Bill Ramsey, Neal & Harwell, PLC and Phill ip Hampton, LogicForce Consulting

GADGET OF THE MONTH

BILL & PHIL'S

Nashville Bar Journal - November 2015 13

So, what's not to like about the Surface Pro 4? Hardly anything. But we did find a couple of things. First, we noticed that the display began flickering after we had used the device for a while. After doing a little research and noting some other first adopt-ers had reported the same thing, we waited patiently for a fix from Microsoft. Thankfully that fix came shortly with a painless firmware update. Secondly, we always could use more battery life on all of our mobile devices. Yes, the battery life is improved from the previous model; but we still want more. Despite these minor annoyances, if you are looking for a low profile, high per-formance mobile device that you can use to replace a desktop PC; we think the Surface Pro 4 is a smart choice indeed.

Now on to the Surface Book. The Surface Book is a convertible laptop as compared to the Surface Pro 4, which is a tablet hybrid. Of the two machines, the Surface Book is more powerful, has a longer battery life, and can come with its own graph-ics processing unit (GPU) stashed in its keyboard. But, the Surface Book is a good deal more expensive (approximately $300 to $400 more). The Surface Book also comes with a larger display (13.5”). In addition, the Surface Book has a much sturdier and more useable keyboard included in the price. The keyboard itself is detachable and connects to the display portion (or tablet portion) of the computer via a well-engineered articulated hinge. The keyboard is detachable by pressing a button that releases the magnet that holds it in place. So, all in all, the Surface Book is clearly a “sexier” machine, but there are drawbacks.

First, the Surface Book is quite a bit heavier. It weighs approximately 3-1/2 lbs. You won’t mind hauling around the Surface Pro 4 all day, but the Surface Book will make you fully aware that you are carrying around something in your bag. If you are using a messenger bag, for example, it may cause you to have some serious shoulder droop.

In addition, in the model we tested, we were initially unable to set up the Surface Book. It took a call to Microsoft Support (which was amazingly fast and responsive). We learned that, for some Surface Books, the factory did not properly prepare them for set up. Consequently, and oddly enough, you have to restart (not shut down) the Surface Book in order to make it go through a proper initial set up. In addition, because of its wider form factor, the stylus pen that secures magnetically to the side of the chassis of the Surface Book is easier to “rub off.” Thus, you can be in danger of losing the stylus, which costs approximate-ly $60 to replace.

All in all, both are great machines. The quality of the build on both devices is impressive. They both feel, look and act like the expensive products they are. The screen quality is great (except for a flickering problem that has been remedied by an operating system upgrade). On both devices, the images are very sharp. Typing is easy on both devices, but the Surface Book keyboard clearly has the edge in this regard.

The bottom line is that if you want a machine that is highly portable, the Surface Pro 4 is the device for you. If you want an industrial strength convertible laptop, the Surface Book will become your new best friend.

See you next month,

—Bill & Phil

Continued from page 12Bill & Phil's Gadget of the Month

GADGET OF THE MONTH

BILL & PHIL'S

Nashville Bar Journal - November 201514

(Please note: Nominees’ information is listed in order as determined by a random draw.)

Elizabeth Sitgreaves

Elizabeth Sitgreaves is an associate at Dodson Parker Behm & Capparella, PC. She previously served as Senior Law Clerk to the Honorable Frank G. Clement, Jr., of the Tennessee Court of Appeals. Her areas of practice in-clude litigation with a focus on appeals, providing general business advice to clients, and counseling governmental agencies on a wide variety of matters. She graduated the University of Tennessee College of Law magna cum laude and received her B.A. in political science magna cum laude from the University of Georgia.

Sitgreaves is co-chair of the NBA’s Appellate Practice Committee and was selected for the inaugural class of the Nashville Bar Foundation’s Leadership Forum. She received the Lawyers’ Association for Women, Marion Griffin Chapter’s first Rising Star Award in part due her leadership of LAW’s Coalition for Fair Courts, which provided voter education and outreach during the retention elections of Tennessee’s appellate court judges. Sitgreaves cur-rently serves as LAW’s Treasurer. She is a member of the Tennessee Bar Association and is a Barrister in the Harry Phillips Inns of Court. Sitgreaves is a supporter of Big Brothers Big Sisters of Middle Tennessee and is currently a Big Sister to a sixth grader at Cameron College Prep. Sitgreaves co-chaired the 2015 Lawyers for Littles bowling fundraiser, which raised over $20,000 for Big Brothers Big Sisters of Middle Tennessee.

Mark S. Beveridge

Mark S. Beveridge is with Kinnard, Clayton & Beveridge. He graduated from the University of Virginia in 1977, and received his law degree from the University of Richmond in 1980. He began his legal career as an Assistant District Attorney in Nashville.

Beveridge has served on NBA Criminal Law and Criminal Justice (former chairman) and Ethics and Profes-sionalism committees and is a previous NBA Board member. He is a member of the Tennessee Bar Associa-tion and is on the Board of Governors of the Tennessee Association for Justice. He is a Fellow of the Nashville Bar Foundation and the Tennessee Bar Foundation. He was appointed by Mayor Dean to the Metro Nashville Domestic Violence Safety Assessment Task Force. He is a past president of the Exchange Club of Nashville and of Exchange Club Charities, Inc., and a former chairman of the Antiques and Garden Show of Nashville. He is vice chairman of the Belle Meade Municipal Planning Commission. He and his wife, Nancy, have four children. They attend Westminster Presbyterian Church where he has been an elder, youth mentor, and participant in Room in the Inn and Habitat for Humanity builds. Mark’s particular areas of interest include community outreach and fostering collegiality among members of the Bar. He regularly speaks on the topic of civility and professionalism at TBA programs for new lawyers.

Laura Smith Tidwell

Laura Smith Tidwell is Vice President & General Counsel for Nashville Electric Service, the tenth-largest municipally-owned electric utility in the United States.  She received her B.A. in Political Science from the University of Florida in 1989, and her J.D. from the University of Florida Levin College of Law in 1992. 

Tidwell is a past officer of the Nashville Bar Association, having served as secretary (2009), treasurer (2005),

Nashville Bar Association2016 Board of Directors Nominees

Nashville Bar Journal - November 2015 15

and assistant treasurer (2004).  In 2010, she was inducted as a Nashville Bar Foundation Fellow. 

She has been active in community endeavors as well, having served as board chair for The Women’s Fund of the Community Foundation of Middle Tennessee, FiftyForward, CABLE, Big Brothers of Nashville, Women in Numbers, and the Nashville Women’s Political Caucus.  She currently serves on the boards of Girl Scouts of Middle Tennessee and the Center for Nonprofit Management and is the government chair for the 2015 Legal Aid Society campaign.  She is a 2008 graduate of Leadership Nashville.  Laura’s particular areas of interest as a prospective board member include increasing opportunities for lawyers of different ages and practice areas to interact, enhancing mentorship and collegiality, and increasing non-dues revenue. 

Keta J. Barnes

Keta J. Barnes currently practices as an attorney in the United States Department of Veterans Affairs (Southeast District Office). She provides advice and representation for VA facilities located throughout Tennessee. Prior to her current position, Barnes served the State of Tennessee as an Assistant Attorney General in the Office of the Attorney General and Reporter, and as Judge of the Smyrna Municipal-General Sessions Court. Earlier in her legal career, she practiced law with Nashville firms Bass, Berry & Sims and Waller Lansden Dortch & Davis.

Barnes has served on the Nashville Metro Board of Ethical Conduct and is a 2008 graduate and past Steering Committee Member of the TBA’s Leadership Law Program. She is an active member of the Napier Looby Bar Association and Lawyers’ Association for Women. She serves on the board of Stonecrest Medical Center. Barnes is a past chair of the NBA’s Minority Opportunities Sub-Committee. She is married to J. Steven Barnes. They are the proud parents of two daughters.

Sam Funk

Sam Funk graduated with honors from Wake Forest University and cum laude from the University of Maryland School of Law. His practice focuses on a wide variety of business litigation matters. After spending almost 15 years with Sherrard & Roe, PLC, Sam left to form Sims|Funk, PLC, where he currently practices.

Funk is the former chair of the NBA Ethics & Professionalism Committee, a fellow of the Nashville Bar Foundation, and an inaugural member of the TBA Leadership Law program. He is currently a member of the Tennessee Board of Law Examiners Investigating Committee for Davidson County. Funk has traveled interna-tionally to represent victims of injustice and to train human rights lawyers. Locally, Funk is a graduate of Lead-ership Nashville. He has held leadership positions with several organizations, including Second Harvest Food Bank (Board chair), Oak Hill School (Board chair) and First Presbyterian Church (Session member). Particular areas of interest include the Tennessee Business Court, encouraging community involvement by lawyers, evaluat-ing the scope and effectiveness of pro bono efforts, and ensuring that NBA members get the most out of their investment in the organization.

Kelly L. Frey, Sr.

Kelly L. Frey, Sr. is a member of Frost Brown Todd.  He received his B.A. and M.S. from Vanderbilt University, and his J.D. from the University of Tennessee. 

Frey was honored as the Nashville Bar Journal’s “Contributor of the Year” in 2007 and 2009, and continues to serve on the Editorial Board of, and regularly contributes to, our award-winning NBJ.  He is a Fellow of the Nashville Bar Foundation and serves as co-chair of the NBA’s Business Law Committee.   He is immediate past president of the Nashville Film Festival and serves on the Board of Governors of the historic Franklin Theatre.  In his spare time Kelly produces feature films and works with VLPA to assist local filmmakers.  Kelly is one of fewer than 10 practicing attorneys in the world to have been selected as a Fellow of the World Technology Network (for work deemed to be “of the greatest long-term significance”).  Kelly has also completed the TN Supreme Court “Lawyer-to-Lawyer” mentoring program, assisted numerous young attorneys in professional development, and is committed to helping new members of the bar acclimate to the practice of law and succeed in their professional lives.

Nashville Bar Journal - November 201516

James Bristol

James Bristol is a partner with Waller Lansden Dortch & Davis where he practices in ERISA, executive compensation, corporate transactions and related litigation. He is recognized annually in Best Lawyers and has testified as an ERISA expert witness. He received a Bachelor of Arts degree from Columbia Christian College in 1980, and graduated from Pepperdine University School of Law in 1987.

Bristol currently serves on the boards of Court Appointed Special Advocates (CASA) of Nashville, Friends of Woodmont Park, and is chair of the board of Knowledge Academies, a Nashville public charter school. He is a former board member of the American Lung Association of Tennessee where he was awarded for volunteer service. Areas of interest include serving the needs of children in the court system, providing legal services to the non-profit community and improving education. He volunteers in activities that promote understanding between the legal community and the citizens we serve. He has three adult children and a grandchild all living in Nashville.

Stephen G. Young

Stephen G. Young practices law at Robinson, Reagan & Young, PLLC. He received his undergraduate degree from UTK and his J.D. from the University of Memphis. Young's emphasis is on state-level criminal defense along with a general civil practice.

Young has been a member of the Nashville Bar Association since 1994. He is a member of the Criminal Law and Criminal Justice Committee and served as the co-chair in 2013. He is a participant in the Pro Bono Program. He has coached a high school mock trial team. He is a Nashville Bar Foundation Fellow and served as a Leadership Forum mentor in 2014. He is a past president of both the Tennessee Association of Criminal Defense Lawyers and Mental Health America of Middle Tennessee. He is currently a board member and executive committee member at The Family Center and Joe C. Davis YMCA. Young is a retired youth baseball, basketball and soccer coach. Young and his wife, Mandy Haynes Young, have three children. Particular areas of interest are security passes for attorneys entering court buildings, strengthening the image of attorneys in the community, growing the mentoring program, and, providing legal representation to those who are less fortunate.

Jacqueline B. Dixon

Jacqueline B. Dixon is with Weatherly McNally & Dixon PLC. She graduated from Carson-Newman University and earned her law degree from the University of Tennessee. She was honored as the NBA’s Pro Bono Volunteer of the Year in 2009 and represented the NBA in the ABA House of Delegates for six years. She is a past-president of the Young Lawyers Division and served a term on the NBA board. She has served on many NBA committees and as chair of the NBA Pro Bono Board, CLE, Membership, and Community Relations Committees. She is a Fellow of the Nashville Bar Foundation.

Dixon has chaired the annual campaign for the Legal Aid Society. She served on the Supreme Court Commission to Administer the Tennessee Lawyer’s Assistance Program for nine years. She is on the Carson-Newman Alumni Association Board, and the advisory boards of First Steps Inc., and A Step Ahead Foundation of Middle Tennessee Inc. She is an active member of Calvary United Methodist Church. Dixon's areas of interest include growing and providing services to the NBA’s membership, mentoring new lawyers, assisting low-income individuals to obtain legal services, and helping lawyers cope with the stresses of life, aging and the practice of law.

Wendy Longmire

Wendy Longmire is a partner in the law firm of Ortale, Kelley, Herbert & Crawford. She joined the firm in 1987, after a one-year judicial clerkship with Judge Walter C. Kurtz of the Fifth Circuit Court. She received her undergraduate degree from University of Mississippi and attended University of Kentucky Law School and Vanderbilt Law School, receiving her J.D. from the University of Kentucky in 1986.

As a litigator, Longmire is AV rated and became Board Certified in Civil Trial Advocacy for the National Board of Trial Advocacy in the year 2000. She serves on the NBA CLE Committee and participates in the Legal Aid Society Volunteer Lawyers Program. She is currently vice-chancellor of the Episcopal Diocese of Nashville and the membership chair of Belmont Inn of Courts. She is a past-president for Tennessee Lawyers Association for Women. Longmire is interested in the mentorship program, working with new lawyers in the community, public service, and the NBA Mock Trial Competition.

Nashville Bar Journal - November 2015 17

Ryan D. Levy

Ryan D. Levy is a shareholder with Patterson Intellectual Property Law, P.C. He received his undergraduate degrees from North Carolina State University and his J.D. from Duke University School of Law. His practice covers both intellectual property procurement and litigation, with a focus on patent litigation.

Levy is currently president of the NBA’s Young Lawyers Division, having served on the Board of Directors of the YLD since 2006. He received the NBA YLD’s Enterprise Award in 2008 and President’s Award in 2011. As YLD president, Levy has had the opportunity to contribute to and learn from the 2015 NBA Board. Additionally, he is an active member of the NBA’s Social and Membership Committees. Levy previously served as president of the Tennessee Intellectual Property Law Association; Program Committee chair and Executive Committee member of the Belmont University College of Law American Inn of Court; and was a member of the Young Professional Board of the American Heart Association and co-chair of the Heart Gala Late Party. Particular interests in serving the NBA include finding ways to increase the value of the NBA to its members and helping lawyers transitioning out of the YLD find meaningful ways to contribute to the NBA.

Judge Rachel L. Bell

Judge Rachel L. Bell was elected to General Sessions Court Division VIII in 2012, and re-elected in 2014. Judge Bell was elected by her peers to serve as the Presiding Judge for General Sessions Court in 2014, and re-elected to a second one year term in 2015, expiring September 2016. Before becoming Judge she was in private practice as the Managing Attorney for Bell & Kinslow, PLLC. A native Nashvillian, Judge Bell graduated from Hillsboro High School earning a basketball scholarship to Auburn University completing her collegiate career at the University of Memphis were she earned her Bachelor of Science degree in Education. She received her Juris Doctorate from Cecil C. Humphreys School of Law.

Judge Bell is a member of the Lawyers’ Association for Women, Women in Numbers, Women’s Political Col-laborative, NAACP, Nashville Alumnae Chapter of Delta Sigma Theta Sorority, Inc., New Covenant Christian Church Disciples of Christ (DOC), Davidson Co. Democratic Women, Nashville, Napier Looby and Stonewall Bar Associations, and, a Fellow of both the Nashville and Napier Looby Bar Foundations. She is dedicated to serving the community both “on” and “off” the bench. She is the Legal Aid Society Judges Division co-chair serving a second term. In addition, Judge Bell is the Founder of the Ring the BELL Foundation, Inc. and the Bordeaux North Chamber of Commerce. In 2013, she adopted a portion of highway 41A in North Nashville to establish the Judge Rachel L. Bell Beautification project. She currently and previously served on several boards both locally and nationally, Hands on Nashville, Davidson Co. Industrial Board, WIN and JDRF, to name a few.

Ken Bryant

Ken Bryant is a partner with the Nashville office of Burr & Forman, LLP. He received his undergraduate degree from Vanderbilt University in 1982, and his J.D. from the University of Tennessee in 1987. He cur-rently serves as co-chair of the NBA's Federal Courts Committee and has served in this capacity for three years.

Bryant received the NBA's President's Award for his leadership on the Federal Courts Committee in 2013, and is a Fellow of the Nashville Bar Foundation. Particular areas of interest include continuing and improving the communication between the bench and the Bar; continuing and increasing educational programs for the Bar through increased emphasis on Bar committees and participation of the membership in Bar committees; continuing to emphasize fostering the concept of service to the greater Nashville community outside of the Bar; and renewing and bolstering efforts to celebrating the diversity of the Nashville Bar and keeping open its doors to all members through "education, service and fellowship."

Nashville Bar Journal - November 201518

• Connect with Your Local Legal CommunityThe NBA provides numerous opportunities to meet and connect with other Nashville-area attorneys. Through networking, social events, continuing education, committee work, and other career and personal development opportunities, we help bring our profession together.

• Expand Your Business and Client BaseBuild relationships, network, and gain referrals through activities and programs, CLEs, committee work, volunteer projects, or by joining the NBA Lawyer Referral and Information Service at the member rate.

• Be a Better LawyerLearn from fellow lawyers and judges at NBA events. Enhance your professional development through high-quality CLE programs and committee in-service meetings, and stay informed with insightful and timely articles in the Nashville Bar Journal.

• Sharpen Your Practice Skills with CLEAttend our innovative, and engaging CLE courses featuring local, regional, and national presenters. Our skilled faculty will keep you current on the nuts and bolts of the law, local rules and customs, ethics and professionalism, winning practice strategies, and key practice procedures—all at special NBA member rates.

• Give Back to the CommunityServe the public and help improve the image of lawyers by participating in community service projects offered by the Young Lawyers Division and the NBA throughout the year, volunteer for Dial-A-Lawyer—a free call-in service where members provide general legal information to the public, or help with one of the many projects offered through the Minority Opportunities Program.

• Meet New PeopleDon’t just hang out with familiar faces. Use social gatherings, NBA CLE’s, committee work, and Young Lawyer Division events and community projects to build your network of contacts throughout Nashville and surrounding counties.

• Learn from the ExpertsAttend NBA CLEs to hear from law practice leaders who will share their expertise and practical experience. Be educated, enlightened, and even entertained by keynote speakers and

other special guests from the legal community—local, regional, and national.

• Be a LeaderSet the pace in the legal community by serving on committees, publishing Nashville Bar Journal articles, helping produce or present CLE seminars, joining the Young Lawyers Division, participating on the NBA Board, or working with the Nashville Bar Foundation.

• Refresh and Renew YourselfTake time out from your daily routine to attend a Bar event or activity—such as the annual Golf Tourna-ment, Free Member Picnic or one of our many Happy Hour gatherings—and catch up with old friends or unwind with new ones.

And more…• Use the NBA Center—to hosts meetings, arbitra-tions, depositions, and other events. Members may also use the NBA’s Guest Attorney Office when they need an “office away from the office” with internet and phone access.

• Visit the NBA’s Online Career Center—where you can post your resume, search job postings, and ac-cess the career resources library.

• Receive Announcement Emails—covering timely events, membership news, spotlighted events, and CLE announcements.

• Participate in the NBA’s Lawyer2Lawyer Mentoring program—a web-based resource designed to con-nect experienced attorneys with newer attorneys who desire assistance with substantive legal issues or the personal and professional demands of practicing law.

• Use the NBA Attorney Directory—to find names, photos, and contact information for Davidson County lawyers and judges, firm listings, court information, and areas of practice of local attorneys.

NASHVILLE BAR ASSOCIATIONBenefits of MembershipThe Nashville Bar Association helps build a sense of community and camaraderie among our members and comes with tangible and intangible benefits for your career, profession, and community. Our members come from the public and private sectors, from large multi-state firms to solo practices; they are judges, in-house counsel, law students, paralegals, educators, and everything in between.

Here are a few of the many reasons to belong to the NBA…

Nashville Bar Journal - November 2015 19

The Nashville Bar Association 100% Club is a special category of membershipthat demonstrates a commitment to the legal profession and our community from legal organizations with more than three attorneys that have 100% of theirNashville attorneys as members of the NBA. Members will be listed monthly in the Nashville Bar Journal and will appear in our annual directory.

Contact Vicki Shoulders at 615-242-9272 or [email protected] if you have any questions. Thank you for supporting your local bar association!

Bradley Arant Boult Cummings LLP (111)Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (99)

Butler Snow LLP (61)Bone McAllester Norton PLLC (37)

Sherrard & Roe, PLC (32)Adams and Reese LLP (31)

Lewis Thomason (29)Stites & Harbison, PLLC (29)

Neal & Harwell, PLC (28)Dickinson Wright PLLC (27)

Gullett, Sanford, Robinson & Martin, PLLC (27)Manier & Herod, P.C. (26)

Burr & Forman LLP (23)Ortale, Kelley, Herbert & Crawford (22)

Frost Brown Todd LLC (21)Riley Warnock & Jacobson, PLC (20)

Patterson Intellectual Property Law, PC (16)Cornelius & Collins, LLP (15)

Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (15)Branstetter, Stranch & Jennings, PLLC (14)

Tune, Entrekin & White, P.C. (14)Nelson Mullins Riley & Scarborough (13)

Hall Booth Smith, P.C. (12)Leitner, Williams, Dooley & Napolitan, PLLC (12)

Spicer Rudstrom, PLLC (12)Brewer, Krause, Brooks, Chastain and Burrow, PLLC (11)

Legal Aid Society of Middle Tennessee and the Cumberlands (11)Watkins & McNeilly, PLLC (11)

Smith Cashion & Orr, PLC (10)Dodson Parker Behm & Capparella, P.C. (9)

Dollar General Corporation (9)Kay, Griffin, Enkema & Colbert, PLLC (9)

Littler Mendelson, P.C. (9)Corrections Corporation of America (8)

Lassiter, Tidwell & Davis, PLLC (8)Morgan, Akins & Clark, PLLC (8)

Schulman, LeRoy & Bennett, P.C. (8)Howard Mobley Hayes & Gontarek, PLLC (7)

Jones Hawkins & Farmer, PLC (7)Levine, Orr & Geracioti, PLLC (7)

Parker, Lawrence, Cantrell & Smith (7)Taylor, Pigue, Marchetti & Blair PLLC (7)

Buffaloe & Associates, PLC (6)Evans, Jones & Reynolds, P.C. (6)

Hollins, Raybin & Weissman, P.C. (6)Keller, Turner, Ruth, Andrews, Ghanem & Heller, PLLC (6)

Law Offices of John Day, P.C. (6)White & Reasor, PLC (6)

Wiseman Ashworth Law Group, PLC (6)American General Life Insurance Company (5)Farris Bobango, PLC (5)Haynes, Freeman & Bracey, PLC (5)Kinnard, Clayton & Beveridge (5)Leader, Bulso & Nolan, PLC (5)Loeb & Loeb, LLP (5)Martin Heller Potempa & Sheppard, PLLC (5)McAngus Goudelock & Courie (5)Reno & Cavanaugh PLLC (5)Rogers, Kamm & Shea (5)Trauger & Tuke (5)Dobbins, Venick, Kuhn & Byassee, PLLC (4)Goodman Callahan Blackstone, PLLC (4)Hale & Hale, PLC (4)Robinson, Reagan & Young, PLLC (4)Rothschild & Ausbrooks, PLLC (4)Rutherford & DeMarco (4)Shackelford, Zumwalt & Hayes, LLP (4)Surber, Asher, Surber & Moushon (4)Tennessee Justice Center (4)The Collins Law Firm, PLLC (4)Weatherly, McNally & Dixon, PLC (4)Anderson & Reynolds, PLC (3)Cameron Worley, P.C. (3)Carney Elkins Curry, PLC (3)Cole Law Group (3)Grissim & Hodges (3)Holton & Mayberry, P.C. (3)Ingram Content Group Inc. (3)Larry R. Williams, PLLC (3)Lieff, Cabraser, Heimann & Bernstein (3)Luna Law Group, PLLC (3)MTR Family Law, PLLC (3)Nashville Electric Service (3)Prochaska Quinn & Ferraro, P.C. (3)Sarah Cannon Research Institute (3)Shackelford, Bowen, Zumwalt & Hayes, LLP (3)SIMS|FUNK, PLC (3)Smythe & Huff (3)Southern Environmental Law Center (3)Southland Title & Escrow Co., Inc. (3)Tennessee Department of Revenue (3)The Law Office of Martin Sir & Associates (3)Trust Tree Legal (3)Video Gaming Technologies, Inc. (3)Vanderbilt University Law School (3)

Nashville Bar Journal - November 201520

non-profit spotlight This spotlight on Non-Profit Organizations was submitted by Marjorie Kaup Haines, Esq., 615-818-6988, [email protected]

Best Buddies® is an international non-profit organization serving all 50 states and 52 countries. The mission of Best Buddies is to establish a global volunteer movement that creates oppor-tunities for one-to-one friend-ships, integrated employment and leadership development for people with intellectual and development disabilities (IDD). It is estimated that IDD affects about one in ten families in the United States.

People with intellectual and development disabilities are often excluded from society because of their disability. Best Buddies seeks to change society's perception of people with these disabilities by es-tablishing meaningful friendships which, in turn, help people with these disabilities navigate through life with more confidence and ease. Best Buddies is the world’s larg-est program dedicated to ending the social, physical and economic isolation for people with IDD. When people with disabilities are unable to attain or maintain a job, it is most often due to an absence of social skills, rather than an inability to perform the work required. Best Buddies of-fers participants socialization and

leadership opportunities, as well as job coaching, thereby providing the necessary tools for people with IDD to become more independent and more included in the community.

Best Buddies Tennessee was founded by Anneliese Barron who spearheaded the fundraising effort to bring an office to Tennessee on the basic premise that every-one needs a friend. Best Buddies Tennessee recently celebrated its 5th anniversary here in Nashville and proudly states they have over 4,000 participants.

I recently spoke with Kat Cloud, Development Director for Best Buddies Tennessee, and discussed the wide range of programs offered:

• Elementary – This is the newest program, and Tennessee will be one of the first states to implement an elementary friendship program. Often in middle school, social gaps widen and individuals with IDD are left isolated and lonely. By bridging the gap at the elemen-tary age, students with IDD are less likely to be isolated from their peers as they enter middle school and beyond.

• Middle, High School, College – These programs match students with IDD in one-to-one friendships with their peers. Through weekly communication and monthly activities, students

with IDD have the chance to ex-perience the joys of friendship.

• Citizens – Adults with IDD are placed in intentional one-to-one friendships with other adults in their community. Like all of their other friendship programs, the citi-zens program provides the chance for participants to join together, growing and learning from accept-ing and inclusive friendship.

• Jobs – Their employment con-sultants provide training and job placement assistance to adults with IDD. The relationship with Jobs employers is ongoing – any new training, questions, or concerns can be addressed by their Employ-ment Consultants to ensure a long-term fit for both the employ-er and employee.

DONATE! A major fundraising event for Best Buddies Tennessee is an eight-week fundraising com-petition between twenty young professionals in the Nashville com-munity. The competition began on September 17th and concludes on November 13th, when the 2015 Champion (the largest fundraiser) is announced at Party with a Purpose.

Like them on Facebook to receive information on local events. Visit their website at www.bestbud-diestennessee.org to learn more about the history of the local organization, and how you can donate, and volunteer!

Nashville Bar Journal - November 2015 21

Fred Thompson RetrospectiveExcerpts from Fred Thompson Looks

Back by Henry Walker, which ran in the February 2003 issue of the Nashville Bar Journal.

On January 3, just three hours after his U.S. Senate term expired, private citizen Fred Thompson sat down for a wide ranging interview with the Nash-ville Bar Journal. Arriving with no entourage, Thompson said he’s now “just a lawyer” again.

[Editor’s Note: Fred Thompson passed away on November 1, at the age of 73, from recurrence of non-Hodgkin lymphoma. Diagnosed in 2004, he had been in remission until last year. He is survived by his wife and four children.]

A native of Lawrenceburg, Tennessee, Thompson graduated from Memphis State in 1964 and Vanderbilt Law School in 1967. After two years of private practice in Lawrenceburg, Thompson was hired as an Assistant United States Attorney in Nashville. In 1973 and 1974, he was minority counsel to the Watergate Committee and later served as special counsel to the Senate Commit-tee on Foreign Relations and the Senate Intelligence Committee. Thompson was elected to the Senate in 1994 to fill Al Gore’s unexpected term and was re-elected in 1996. He has also acted in a number of movies and is currently a cast member on NBC’s “Law & Order.”

Q: How did a young lawyer from Lawrenceburg end up becoming an as-sistant U.S. Attorney in Nashville?

A: Well, I I was one of a handful of Republican lawyers, at that time.

Q: Charlie Anderson had just been named U.S. Attorney, right?

A: That’s right. I had, the year before, managed, if you want to call it that, a campaign for a fellow by the name of John T. Williams who ran against Ray Blanton for Congress. That was my first introduction to Mr. Blanton, you might say…Congressman Blanton beat us pretty bad. But that gave me, I guess, some [Republican] credentials. And all

of the other young practicing lawyers in Tennessee were just about all Democrats.

Q: What had you been doing in Law-renceburg? Just whatever walked in the door?

A: Anything I could. General Sessions, occasionally I would get to Circuit Court. In fact, Charlie Trost was practicing in Columbia at that time and I tried my first case against Charlie.

Q: Who won?A: Hung jury. But I was the plaintiff

and he was representing the defendant, and, as I recall, I got a little insurance money out of it after the trial.

Q: Then you came to Nashville and you were an assistant U.S. Attorney for how long?

A: Three years.

Q: Did you like it?A: I always said it was the best job I ever

had. In some respects, that still applies.

Q: That’s quite a statement.A: It was a wonderful thing for me. At

that time, we had a real small office. Seems like there were seven or eight assistants at that time. Again, partially by the luck of the draw, I got thrown into the fray and got to try a lot of major cases that we had there. A lot of the minor ones, too.

I got initiated by Judge Frank Gray, and I use that term advisedly. I was thrown into the lion’s den and managed to learn what it took to survive.

Q: Did you get chewed out a few times?A: Oh, unmercifully. But after a while,

I apparently learned how to behave and never had any trouble there for the last two and a half or so years there.

In 1972, I left the U.S. Attorney’s office and hung out my shingle here in Nashville. I was an association with A.B. Neil and Vince Wehby. While I did that, I was the Middle Tennessee Manager, so-called. (I say so-called because nobody ever managed Howard Baker.) But I was the Middle Tennessee Manager for Howard Baker’s re-election campaign in 1972. After the campaign was over, Watergate

came along and I went to Washington in February of ’73.

Q: Even for somebody who has done everything that you’ve done, your work on the Watergate Committee had to be one of your most exciting experiences. Especially for a guy who was what, in his early thirties?

A: Thirty, as a matter of fact. There is no question about that. But it was kind of like you know being boiled with the temperature being turned up gradually. You didn’t realize that it was happening. When I went up there, none of us expected it to be much. We didn’t expect it to take very long to do. Howard Baker included. And when we got there things started hap-pening, kind of slowly, but one right after another, and then it built up to something. I guess I really didn’t fully appreciate the significance until the first day of hearings when we went into the room and every-body in the world was there or represented. By that time we were so busy that it just became another case, you know, and you were more interested in trying to get the facts together and figuring out what you were going to do the next day than think-ing about the maelstrom that you were in the midst of.

Q: It seems to me that the Watergate Committee displayed more of a bipartisan concern for getting to the facts than was shown more recently when your own special committee was trying to investigate campaign finances abuses.

A: There is no question about that. In fact I would take that a step further and say that the days of a bipartisan inquiry involv-ing a President are over. I don’t think that could happen again. The times are differ-ent. The media is different. And the other thing that was different in ’73 were the personalities of Sam Erwin and Howard Baker. I must say I am a little prejudiced in this respect. But mostly Howard Baker. When the investigation is of one party and the President is the other, the person who really determines the course of the investigation is the chief minority person. In Howard Baker’s case, he basically let the chips fall where they may. He did his

cont. on page 25

Nashville Bar Journal - November 201522

NBA YLD 30th Anniversary PartyWednesday, October 21,2015 at Hard Rock Cafe

The NBA Young Lawyers Division celebrated 30 years at the Hard Rock Cafe on October 21. Old friends and new gathered to honor the founders and past presidents. The evening was underwritten by National Corporate Research and sponsored by the law firms of:

• Anderson & Reynolds, PLC• Baker, Donelson, Bearman, Caldwell & Berkowitz, PC• Bradley Arant Boult Cummings, LLP• Butler Snow, LLP• Dickinson Wright, PLLC• Frost Brown Todd, LLC• Gullett, Sanford, Robinson & Martin, PLLC• Lewis Thomason• Neal & Harwell, PLC• Patterson Intellectual Property Law, PC• Sims|Funk, PLC

The fajita buffet was a huge hit, the weather was perfect for the outdoor deck and tunes by JT Hodges made this evening one to remember. Thanks to all of you who attended. We appreciate your support and continued membership!

Photos courtesy of Wade Sims.

Nashville Bar Journal - November 2015 23

Nashville Bar Journal - November 201524

Nashville Bar Association members may send Disclosure announcements

via email to [email protected]

disclosure \Dis*clo”sure\ (n) The act of revealing, releasing or bringing to light relevant information concerning NBA Members & Staff.

n Announcements n Kudos n People on the Move n Firm News n

Stites & Harbison, PLLC announces the addition of Ashley Goins, who joins the Domestic Relations and Business Litigation Service Groups. She graduated with high honors from the University of

Tennessee College of Law in 2015. In law school, she was a student advisor, a student ambassador, and was the fundraising chair for both UT Pro Bono and CASA’s VOLunteers. Goins spent much of her time serving as a student attorney in the Advocacy Clinic, the Domestic Violence Clinic, and the Education Practicum. Goins joined Stites & Harbison after participating in the firm’s summer associ-ate program in 2014. Her past experience also includes interning for the Tennessee District Attorney’s Office, 7th Judicial District; the Tennessee Department of Children’s Services; and the Shelby County [Ohio] Public De-fender’s Office. Recently, Goins was named as a Law Student for Justice by the Tennessee Supreme Court.

William James “Jay” Harbison II has joined

Neal & Harwell, PLC, as an associate, announced James F. Sanders, senior partner of the firm. His practice will focus on general litigation. 

“We are pleased to welcome Jay,”  said Harwell.  “As a Nashville native and a talented young attorney, he will be an asset to our cli-ents and the firm.”

Prior to joining Neal & Harwell, Harbi-son was judicial law clerk for the Honorable Gilbert S. Merritt, Jr., United States Court of Appeals, 6th District. 

Harbison is a magna cum laude graduate of the University of Tennessee School of Law, where he was executive editor for the Tennessee Law Review.  He earned a B.A. at Middlebury College. 

Harbison is admitted to the Tennessee

Supreme Court and United States Court of Appeals for the Sixth Circuit.  He is a member of the Nashville Bar Association, Tennessee Bar Association and the American Bar Association.

He and his wife live in East Nashville.

Hall Booth Smith is pleased to welcome Carson King as an associate where he will practice in business litigation, intellectual property/entertainment, professional negligence

and transactional matters. King has particu-lar knowledge and experience of copyright, trademark, and other intellectual property and entertainment matters. King graduated first in his class at the University of Illinois College of Business, where he majored in Accountancy. He graduated fourth in his class at the Uni-versity of Illinois College of Law, achieving summa cum laude, Order of the Coif, and Harno Scholar distinctions. He also received Rickert Awards for Excellence in Academics and Excellence in Legal Writing and served on the Illinois Law Review as Topics Editor.

Bradley Arant Boult Cummings LLP is pleased to announce that the Tennessee Supreme Court has appointed Nashville office managing partner and Business Litigation-

Team chair Lela Hollabaugh to the Indigent Representation Task Force. The task force was formed to review practices surrounding attor-neys’ compensation for work with defendants who cannot afford legal counsel. Hollabaugh’s term will last for one year. The Indigent Representation Task Force is comprised of other court-appointed attorneys, judges and representatives with ties to Tennessee’s criminal justice system. Members will examine existing elements within the state’s indigent representa-tion system, including indigency determina-tions, delivery of services, and administration of the indigent representation fund. The task force’s ultimate charge is to guarantee that the system addresses recipient needs and benefits state taxpayers.

Hollabaugh has served in numerous other leadership positions in legal, industry, and government organizations. She is general counsel to the Nashville Bar Association and a trustee of the Nashville Bar Foundation. She is a past-president of the Nashville Bar Association and is a past member of the In-ternational Association of Defense Counsel’s Board of Directors. As a former chair of the Tennessee Board of Professional Responsibility, Hollabaugh is also listed on the American Arbi-tration Association’s (AAA) Roster of Neutrals for Commercial Litigation. She holds a J.D. and B.S. (with honors) from the University of Tennessee.

Burr & Forman LLP announces the addition

of Nashville-based associate J. Christopher Suedekum to the firm’s Financial Services Litigation group. Suede-

kum counsels financial institutions in class ac-tion lawsuits, complex business litigation and matters related to consumer financial services. He also works with companies facing product liability claims, false advertising disputes and government investigations.

Suedekum joins the firm after practicing in Goodwin Procter LLP’s Washington DC office for four years. Prior to beginning his legal practice, Suedekum clerked for the Hon. James C. Dever III in the U.S. District Court for the Eastern District of North Carolina. He also served as a legal extern for the Wake County District Attorney’s Office in Raleigh, North Carolina.

Nashville Bar Journal - November 2015 25

Fred Thompson Retrospective cont.

best to protect members of his own party from unfair treatment, pointing out the other side. But he did nothing to prevent or thwart a thorough investigation and at the same time participated in the investi-gation in a pro-active way. That has not happened, as best I can tell, since then.

***

Q: Let me change the subject just a little bit. Do you feel that this increased partisanship is, in part, responsible for the deadlocks over judicial nominations?

A: Yes, and that should be the cause of one of the greatest concerns that all of us should have, especially members of the Bar, about what is happening with regard to judicial nominations.

Q: What is the situation on the Sixth Circuit today?

A: Before Julia Gibbons ascended, half the Circuit was vacant.

Q: Why is that?A: Because we have turned the nomi-

nation and confirmation of judges into a blood sport. Both sides have been guilty but I like to think that the last [Senate Judiciary] panel took it to new levels. There is also the pay situation. We have got the judiciary tied to Congress in terms of cost of living increases. And sometimes we get a cost of living increase and sometimes we don’t. The pay is too low to start with and then half the time they aren’t even going to get the cost of living increase. If they are not already on the bench, most people say the hell with it.

Q: Is it going to get any better?A: I don’t know. Well, short term, I

think that it will get better because the same party controls both the Senate and the White House. The Democrats will have to do more than just take the vote in committee. They will have to, in most cases, filibuster on the floor. That won’t happen often. So it will get better in that more judges will get confirmed. The real test will be the next time that one party controls the Senate and the other party controls the White House. That’s the real test; that’s the problem.

***Q: What do you think was your biggest

accomplishment in the Senate?A: The Homeland Security bill, along

with the campaign finance reform. I was about the only other Republican besides John McCain who supported campaign financial reform in the beginning. We worked through that for about eight years and finally got it passed. Part of it will prob-ably be shot down, but hopefully the guts of it will remain and it will be a step in the right direction.

Q: What is your biggest disappointment?A: I think the biggest disappointment

there is the failure to address, hardly at all, our demographic problem. We spend all of our time, just about, on things that are not important but are politically attractive. We spend too much time on tactics and trying to out maneuver one another when we have ticking time bombs in dealing with the future of Medicare and Social Security. And everybody knows it. That is one of the things I respect the President the most for. I read in the paper this morning that he is going to take another crack at Medicare reform with Bill Frist’s help. So at least he is beginning to talk about those things. While I was there, we did virtually nothing.

Another one of my laments, I guess is that it takes so much sometimes to push us in the direction we should have already gone in. Our defense budget has gone down substantially until fairly recently, in terms of percentage of the gross national product. We allowed our intelligence capabilities, in large part, to wither. The FBI was not organized in a way that it should have been. We were wanted time and time and time again about these problems, but, up until September 11, nobody paid any attention. Hopefully we won’t have to have a total crash of our entitlement system in this country to get us to do something about Social Security and Medicare. Those entitlements and our na-tional defense are two of the handful of the major functions of the federal government. But until Sept. 11, they went unattended to essentially; certainly not prioritized.

***

Q: Going back to the Presidential elec-tion, there was a time when Fred Thomp-son was the John Edwards of the media, and people talked about your possibly running for Vice President or President. What happened?

A: I did nothing to follow up on it. John has spent a year covering the primary states and raising money and building a staff in order to do that. I was able to get mentioned in the media. I guess that is one thing I can be proud of. You know I thought about it in the privacy of my own office or home a bit, but I never reached a point where I decided that was what I really wanted to do. I was never really willing to pay the price that I knew had to be paid. I would have really had to strain hard to come up with something I wanted to say ten times a day for the next year of my life when I knew that talking about the really important stuff would not get me anywhere. You have to have a great desire to be President, and I never had the desire to do that.

***

Q: Anything else you want to add…to the members of the Bar?

A: I am looking forward to having a little bit more time to revive some old friendships and see some folks without having to look at my clock and take phone calls.

Henry Walker is a partner at Bradley Arant Boult Cummings, a former editor of the Nashville Bar Journal, and  one of Fred Thompson’s many friends.

Nashville Bar Journal - November 201526

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