Courses

Continuing Legal Education Programs 2018

Course Overview

Tennessee Justice Programs offers two-day programs in Knoxville, Nashville, and Memphis.

Each program provides the fifteen (15) hours required annual CLE and includes more than four (4.25) hours of ethics/professionalism/dual credit. You may register for both days (15 hours), one and a half days (11 hours), one day (7.5 hours), or one-half day (4 hours).

We strive to provide the highest quality education programs available for Tennessee lawyers in an engaging and interactive format.

Tort Law and Comparative Fault “ John Day

John's review of the recent tort and comparative fault opinions will give you an up-to-the-minute picture of the current state of the law in this practice area. John will offer his analysis of how emerging trends will likely affect your practice in the future.

The Damage is Done! (But Can You Prove It?)  Penny White, Joe Riley (with commentary by John Day)

As any good trial lawyer knows, proving fault is only half the battle.  Equally important is understanding the law of damages.  In a tort action, what losses can be included in the compensatory damages award?  When is it appropriate to request punitive damages?  What damages flow from a breach of contract?  A consumer protection violation?  A governmental tort liability case?  Through a series of hypotheticals, Joe and Penny will lead participants in a discussion about the measure of damages in various causes of action as well as methods of proof.

Motions that Matter - John Day

John will discuss the law of motion practice for lawyers preparing and trying civil cases as well as practical tips and ethical considerations for drafting motions and proposed orders. 

"Some Comment":  Dealing with the High-Profile or Newsworthy Case - Special Presenter - Bruce McMullen

In the 24-7 news-cycle world, any case can potentially explode into a high-profile or newsworthy case.  When this happens, lawyers face complex problems of protecting their clients while navigating ethics rules pertaining to confidentiality and publicity.  Our special presenter, Bruce McMullen, who has a wealth of experience handling high-profile cases, will discuss how a lawyer both complies with ethical responsibilities and manages media relations for public clients -- in light of Freedom of Information Act requests and duties -- private clients in light of reputational and competition concerns.  Brue will also talk about ways to combat damaging and inaccurate publicity.   

It's a Privilege, Part I:  Rule 501's Impact on Discovery and Trial - Penny White

With fewer cases being tried, lawyers may undervalue the importance of the rules of evidence, particularly since most evidence rules do not apply during discovery.  The key exception to that general rule is the law of evidentiary privileges, which applies with equal force during discovery and at trial.    In Part I of this two-part presentation, we will discuss the application of Tennessee’s evidentiary privileges in state and federal litigation.

The Law as We See It:  Roundtable Discussion - John Day, Penny White, Joe Riley, Bruce McMullen

Don’t be surprised to hear conflicting points of view and, perhaps, witness a few fireworks, as the Justice Programs’ team and Special Presenter Bruce McMullen answer your questions and give their opinions about current legal and ethical issues.

Significant Recent Cases and Legislation - Joe Riley, Penny White

In a lightning-round format, Penny reviews significant United States Supreme Court and Tennessee decisions in the areas of civil and appellate procedure, employment law, evidence, family law, and estates, while Joe summarizes recently enacted state legislation. 

U.S. Supreme Court Review - Joe Riley

Joe reviews the opinions issued by the U.S. Supreme Court during the 2017-18 term from a practical perspective, providing information that every Tennessee lawyer should know. He also examines the impact of President Trump’s second appointee, Brett Kavanaugh, and the possible future trends of the Court.

It's a Privilege, Part II:  Rule 501's Impact on Discovery and Trial - Penny White

In Part II of this two-part presentation, dealing with the impact of evidentiary privileges on discovery and at trial, we will discuss the application of the most common evidentiary privileges that arise in civil litigation.

A Matter of Life or Death:  Ethical Issues and the Death Penalty - Joe Riley

In this interactive, timely, objective, no-holds-barred examination of the arguments for and against the death penalty, Joe closely examines the underlying bases for these arguments.  The examination inevitably leads to ethical considerations and each lawyer’s moral beliefs which come into play in light of the Rules of Professional Conduct.  The lack of consensus on these issues should make the discussion even more thought-provoking.

What's a (Good) Lawyer to do?  Ethical Issues in Every Lawyer's Practice - Penny White

What surprises most lawyers is the number of ethical issues that arise each and every day and how difficult it often is to reach a clear and unambiguous resolution of the issue.  During this interactive session and based on more than twenty-five years of responding to lawyers’ ethical questions, Penny will illustrate many of these common ethical dilemmas, including issues related to competence, confidentiality, conflicts of interest, and candor.  

 

 

Course Schedule

DAY ONE - THURSDAY

8:00 a.m. - 8:30 a.m.

Registration

8:30 a.m. - 10:30 a.m.

Tort Law and Comparative Fault

10:30 a.m. - 10:40 a.m.

Break

10:40 a.m. - 12:10 p.m.

The Damage is Done! (But Can You Prove It?)

12:10 p.m. - 1:10 p.m.

Lunch (on your own)

1:10 p.m. - 2:40 p.m.

Motions that Matter

2:40 p.m. - 2:50 p.m.

Break

2:50 p.m. - 4:05 p.m.

"[Some] Comment": Dealing with the High-Profile or Newsworthy Case

4:05 p.m. - 4:15 p.m.

Break

4:15 p.m. - 4:45 p.m.

It's a Privilege, Part I: Rule 501's Impact on Discovery and Trial

4:45 p.m. - 5:30 p.m.

The Law as We See It:  Roundtable Discussion

 

 

 

 

DAY TWO - FRIDAY

8:00 a.m. - 8:30 a.m.

Registration

8:30 a.m. - 10:30 a.m.

Significant Recent Cases and Legislation

10:30 a.m. - 10:40 a.m.

Break

10:40 a.m. - 12:10 p.m.

U.S. Supreme Court Review

12:10 p.m. - 1:10 p.m.

Lunch (on your own)

1:10 p.m. - 2:10 p.m.

It’s a Privilege. Part II: Rule 501's Impact on Discovery and Trial

2:10 p.m. - 2:20 p.m.

Break

2:20 p.m. - 3:50 p.m.

A Matter of Life or Death: Ethical Issues and the Death Penalty

3:50 p.m. - 4:00 p.m.

Break

4:00 p.m. - 5:30 p.m.

What's a (Good) Lawyer to Do? Ethical Issues in Every Lawyer's Practice