By Judge Allen Phillips, Jackson The right to self-representation has been part of American jurisprudence since the beginnings of our nation. Indeed, the Judiciary Act of 1789 provided that “in all the courts of the United States, the parties may plead and manage their own causes personally or by the assistance of counsel.” A few … Continue reading Self-Represented Litigants: A Look at the Rules
Category: Hon. Allen Phillips
Discovering the Better Angels of our Nature: A Brief Look at Discovery Motions
By Judge Allen Phillips, Jackson Some may recall that I admire the wisdom of Abraham Lincoln. I cited some of that wisdom in an earlier post regarding attorney’s fees. Beyond fees, Lincoln’s visionary insights into other matters ring as true today as they did nine score and six years ago (That was 1836, the year … Continue reading Discovering the Better Angels of our Nature: A Brief Look at Discovery Motions
Credibility in the Time of Covid-19
By Judge Allen Phillips, Jackson “The face is a picture of the mind as the eyes are its interpreter.”--Marcus Tullius Cicero, Roman philosopher (106-43 BC). The COVID-19 pandemic has changed human interaction in dramatic ways: working remotely, home-schooling, and limited or no in-person attendance in public forums. The judicial system is no exception. Nationwide, courts … Continue reading Credibility in the Time of Covid-19
Learning from Lincoln: The Ethics of Attorney’s Fees
By Judge Allen Phillips, Jackson Before becoming our 16th President, Abraham Lincoln was a midwestern prairie lawyer. Handling a variety of cases, it is said his fees were generally in the $5 to $20 range, though he once charged a railroad $5,000 (a fee equal to over $169,000 in today’s dollars) to handle a particularly … Continue reading Learning from Lincoln: The Ethics of Attorney’s Fees
Celebrating 100 years of Workers’ Compensation in Tennessee
By Judge Allen Phillips, Jackson In 1919, the Tennessee General Assembly passed the “Workmen’s Compensation Act.” Thus began the first century of what has been called the “Grand Bargain” in our state: employers providing benefits to injured workers without regard to fault, and in exchange the worker recovering only those benefits set forth in the … Continue reading Celebrating 100 years of Workers’ Compensation in Tennessee
Going Through the Motions
By Judge Allen Phillips, Jackson Too often, practicing law seems as if one is simply “going through the motions,” trying to satisfy some arcane rule or practice. Recently, the Court held a series of coffee-talks to discuss issues, concerns and trends regarding the Court of Workers’ Compensation Claims. Turnout was brisk, and feedback plentiful. In … Continue reading Going Through the Motions
I’ll be Brief…
By Judge Allen Phillips Lawyers often file briefs in advance of evidentiary hearings, some of which are very helpful toward clarifying the issues, highlighting the critical evidence and identifying the applicable law. Other briefs are not so helpful; in fact, the word "kafka-esque" comes to mind. It's that second category that inspired this post about … Continue reading I’ll be Brief…
Getting on Down to the Main Attraction
By Judge Allen Phillips, Jackson "Let's get on down To the main attraction, With a little less talk And a lot more action." I feel reasonably confident that Toby Keith was NOT referring to Tennessee Compilation Rule and Regulation 0800-21-02-.16 in the above refrain. However, the Court of Workers’ Compensation Claims now has a … Continue reading Getting on Down to the Main Attraction
File Review Expedited Hearings: An Efficient Process for Resolution
By Judge Allen Phillips, JacksonWhen there is a dispute over medical and/or temporary benefits, the expedited hearing process provides an avenue for efficient resolution. This post will detail the process with an emphasis on a “file review” expedited hearing.Rule 0800-02-21-.14 (scroll to page 9) provides the procedure for Expedited Hearings. First and foremost, it must be … Continue reading File Review Expedited Hearings: An Efficient Process for Resolution
From the Bench 