Tag Archives: lawyer

Herron Foregoes Party Pay While Serving as Trial Lawyer

State Democratic Chairman Roy Herron is foregoing his party pay while acting as an attorney for the plaintiffs in an ongoing medical malpractice trial that he says could last “five or six weeks.”
Herron sent an email to fellow Democrats saying that he had committed more than five years ago to “a wonderful couple, both devout Democrats, that I would represent them in a case seeking medical care and redress for grievous injuries to their severely disabled grandson.”
In an interview Wednesday, Herron said Cody Wade, 17 at the time, underwent surgery on his trachea that allegedly left him unable to breath for a period of time, resulting in severe disabilities. The lawsuit, brought by Cody’s grandparents and conservators, Reba and Ronnie Wade of Martin, is against HealthSouth King Creek Rehabilitation Hospital and two physicians.
A jury trial began Monday in Weakley County Circuit Court.
Herron said he decided to forego his salary as party chairman starting May 15, when he attended a son’s college graduation, and will continue in that status until the trial has ended and he can resume fulltime duties as party chair.
The former state senator said that, in effect, he is returning temporarily to the “volunteer chairman model” followed by seven of the last ten state Democratic chairmen. His two immediate predecessors, Gray Sasser and Chip Forrester, were full-time chairs with a full salary – as was he until now.
Herron said he still expects to average 80 hours per week for the full year, since he often spends 100 hours per week on party labors otherwise. Even during the trial, Herron said he is remaining active in fundraising, overseeing staff including the hiring of a new deputy finance director and other duties.

Note: Text of Herron’s email is below.

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Supreme Court Rules Disciplined Lawyer Must Pay $22K

News release from Administrative Office of the Courts:
The Tennessee Supreme Court ruled (Friday) that Knoxville attorney Herbert S. Moncier must pay the costs incurred prosecuting the disciplinary proceeding that resulted in his one-year suspension from the practice of law in Tennessee.
On June 1, 2011, the Supreme Court assessed costs totaling $22,038.32 against Mr. Moncier. Afterward, Mr. Moncier petitioned for relief from costs, arguing that the disciplinary proceedings resulting in his suspension were unfair and unconstitutional.
A three-member panel of the Tennessee Board of Professional Responsibility (BPR) refused to grant him relief from costs. Mr. Moncier appealed to the Supreme Court, again arguing that he should not be required to pay costs because the disciplinary proceedings that resulted in his suspension were unfair and unconstitutional. Mr. Moncier also argued that the members of the BPR panel assigned to hear his petition for relief from costs were biased against him.
The Supreme Court addressed and rejected Mr. Moncier’s arguments and affirmed the BPR panel’s decision denying him relief from costs. Among other things, the Court concluded that Tennessee’s attorney-disciplinary procedure is consistent with the due process requirements of the Tennessee and United States constitutions and that disqualification standards applicable to judges do not apply to members of the Board of Professional Responsibility.
To read Herbert S. Moncier v. Board of Professional Responsibility Opinion, authored by Justice Cornelia A. Clark, visit TNCourts.gov.

Lawyer Says He Was Offered Free Tickets to Stop Opposing Ticket Bill

NASHVILLE, Tenn. (AP) — As Tennessee lawmakers consider a proposal to crack down on ticket scalping, a Nashville lawyer who opposes the bill alleges that a manager of The Black Keys tried to persuade him to change his position in exchange for tickets to a performance by the band.
Attorney John Ray Clemmons said in a letter that he was disturbed by the repeated efforts by Fielding Logan, who also manages country star Eric Church, to give him tickets.
“I took time out of my schedule to come share my concerns with your committee about legislation as a member of the general public, not to be harassed by a supercilious entertainment manager,” Clemmons wrote in the letter to Senate Commerce Chairman Jack Johnson, R-Franklin. The letter was first reported by WTVF-TV.
Logan acknowledged in his own follow-up letter to Johnson that he offered the tickets to Clemmons. But he said the gesture was only meant to demonstrate how easily paperless tickets can be transferred to charities.
“I never asked — not verbally and not in writing — that (Clemmons) refrain from giving testimony in front of the Senate Commerce Committee that day,” Logan wrote. “In fact, I only said that I believed the premise of his testimony to be incorrect.”
Senate Clerk Russell Humphrey forwarded Clemmons’ letter to Nashville District Attorney Torry Johnson.
Spokeswoman Susan Niland said the prosecutor’s office had not yet received the letter and couldn’t speculate on whether any laws might have been broken.
Logan didn’t immediately return a message seeking comment Wednesday.
Opponents of the bill backed by Ticketmaster parent Live Nation Worldwide Inc. argue it would affect the legitimate transfer of tickets by individuals and organizations. Supporters say it targets online hoarding, price gouging and forgeries

Media Lawyer Al Knight Dies, age 74

Alfred H. Knight III, a prominent Nashville attorney who fought for decades to open government to the press and public, died Monday at Saint Thomas Hospital, family members said. He was 74.
“What I like most about the practice of law is helping people who need help,” Mr. Knight said in an interview videotaped this year for the Nashville Bar Association’s oral history project. “It’s just that simple.”
For decades, those who needed help were media outlets including The Tennessean and organizations like the Society of Professional Journalists, which awarded Mr. Knight with its highest accolade, the First Amendment Award, in 1984.
More in The Tennessean.

AG Sues Woman For Acting as Immigration Lawyer Without License

News release from Division of Consumer Affairs:
The State has filed suit against a woman alleged to be engaging in legal services without a license, Tennessee Attorney General Bob Cooper and Commerce and Insurance (TDCI) Division of Consumer Affairs Director Gary Cordell announced today.
Today’s announcement is part of a national immigration services initiative by state Attorneys General and the Federal Trade Commission.
Martha Salazar, doing business as Comunidad Hispana on Nolensville Road (in Nashville), is named in the lawsuit, alleging she is providing legal services without being licensed as an attorney.
The State alleges that she has prepared immigration petitions, custody agreements and contracts and provided other legal services for primarily Spanish-speaking consumers. Salazar is not licensed as an attorney, nor has she worked under the supervision of an attorney, and therefore she is not authorized to engage in the practice of law, the lawsuit contends.

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