MEMORIAL RESOLUTION 2020

2020 MEMORIAL RESOLUTIONS

Memorial of

Michael “Mike” A. Anderson

As prepared and presented by Steven M. Jacoway

Michael A. Anderson, known as “Mike”, was born in South Carolina, on October 17, 1960, and died on January 22, 2019, at 58 years of age. In the fifth grade, Mike’s parents moved their two sons, Mike and David, to Signal Mountain, and Mike enrolled in Thrasher Elementary School. Although he was the “new kid on the block”, Mike quickly assimilated himself into Thrasher and became known for his friendly, amicable nature and considerable baseball talent. His father, Dick Anderson, and another young attorney, John Powers, coached their sons’ little league baseball team which was known as “Derk’s Jerks”. After graduation from Thrasher, Mike moved to McCallie in 1972. In an all-boys school in the South in the early 70s, there were basically two ways to stand out: academics or athletics. In this case, Mike excelled in both. Mike was a solid A student while continuing his athletic success in baseball, and also adding football and soccer to his resume. Mike received nine varsity letters in these three sports while at McCallie. In his junior year, Mike started on a McCallie soccer team which went undefeated and won a state championship. After graduating from McCallie in 1978, Mike traveled to the plains of Alabama and enrolled in Auburn University where he quickly became a “war damn eagle”.

During his days at Auburn, Mike had many friends because of his quick wit, sense of humor, and great personality. Mike pledged Phi Delta Theta fraternity and held many leadership positions in the fraternity during his undergraduate years at Auburn.

After graduating in 1982 from Auburn with a degree in accounting, Mike enrolled in Cumberland School of Law. During his three years at Cumberland, Mike realized that his future in law would be as a trial lawyer with an emphasis in both personal injury and commercial litigation. Mike survived his law school years while continuing to be an avid supporter and attendee of Auburn football games each year, particularly the famous “Iron Bowl”. After graduating from Cumberland in 1985, Mike began his legal career with a solo practitioner in Birmingham, Alabama who had a significant personal injury practice. After working there for two years, Mike returned to Chattanooga with the Gearhiser, Peters & Horton law firm in 1987. Mike quickly became an invaluable associate and one of Charlie Gearhiser’s “go to guys”. During his tenure at Gearhiser, Peters & Horton, Mike became a regular participant in Charlie’s annual trip to Jackson Hole, Wyoming, which Charlie took with several associates, partners, and other attorneys annually. Subsequently, Mike became a partner with the Gearhiser, Peters & Horton law firm and continued to work there through 1995. It was during this time that Mike gained valuable experience in complex mass tort litigation due to his substantial involvement in the Bowater litigation and several other plaintiff lawsuits, which resulted in million-dollar verdicts or settlements. Mike, Bill Horton, and Roy Maddox left the Gearhiser, Peters & Horton law firm to form the firm of Horton, Maddox & Anderson in 1995. From 1995 to 2010, Mike built a very successful trial practice in both personal injury and business litigation while being licensed to practice law in the states of Tennessee, Alabama, and Georgia. In 2010, Mike left Maddox & Anderson to become a partner in Patrick, Beard, Schulman & Jacoway where he continued to practice law until his untimely death in 2019.

Throughout his academic and legal career, he excelled as a trial attorney for many reasons. Mike had an unbreakable resolve, an incredible ability to read people, a strong sense of what is right, and frankly he didn’t take crap from anybody, all of which are beneficial traits for any successful attorney. Perhaps the most important trait to Mike was his desire for his accomplishments to be his own and to never be earned underhandedly or by curing favor with others. Mike was an important and irreplaceable cog in the Patrick, Beard firm and provided mentorship to not only the younger attorneys, but also sage advice and wisdom to the older partners as well. Mike was always available to consult about trial strategy or provide his knowledge and experience from dealings with other attorneys as well as judges.

Prior to preparing this statement, I asked several attorneys to provide me with two words or phrases which best described Mike in their opinion. Some of these descriptions were as follows:

1. Outstanding trial attorney

2. Highest ethical standards

3. Zealous but reasonable advocate

4. Thoroughly prepared

5. Excellent judgment

6. Excellent communicator

7. Always courteous and well prepared

8. Hardnosed and tough

9. Hard working and smart

10. Top rated

11. Professional and resourceful

12. Strong court room presence

There is no question that all of these words properly describe the Mike Anderson that we all came to know, respect, and admire. Mike had a great sense of humor and a quick wit, all of which made him a “dangerous” adversary, even on occasion with his friends. People still talk about the time when Mike was a senior at McCallie and utilized some wooden horses and cones to re-route Chattanooga’s 4:00 p.m. rush hour traffic from McCallie Avenue through the middle of McCallie’s campus. The end result was a half-mile traffic jam filled with angry drivers blowing the horn and cursing. Spencer McCallie, III was a newly appointed headmaster and unsuccessfully looked high and low to find out that culprit. Just like “Deep Throat” in the Watergate scandal was finally revealed upon his death, it is now safe to confirm that Mike was the individual who successfully re-routed approximately 500 angry “rush hour” drivers through the heart of McCallie’s campus on that afternoon many years ago.

When Mike first came to Patrick, Beard, he was not a runner. After several days, Gary Patrick “invited him” to run with a group of attorneys on their weekly Friday run. I remember Mike telling me that he thought that his partners were joking when they mentioned they were running from the Sports Barn to Finley Stadium and back. When they reached Jimmy Johns restaurant with no effort to turn back, he quickly realized that Gary had not been kidding at all. Even though Mike’s efforts that day may have come up short, he quickly became a regular in the running group and everyone truly enjoyed his spirit and comradery as well as sense of humor which showed throughout those weekly, and often daily runs. During his years at the firm, Mike was particularly close to Richard Schulman. Mike loved, admired, and greatly respected Richard especially since they both shared a passion for plaintiff’s work. Even when Mike greatly loved and respected a person, that did not insulate that same person from a healthy dose of needling on occasion. Rumor has it that Richard is known for his long time habit of talking to those around him about his nightly dinner plans including, but not limited to, where he planned on taking Pam out to eat or quite often exactly the menu he was going to follow in preparing dinner for both he and Pam that evening. Mike never missed an opportunity to mess with Richard about this habit even going so far as to call him a “food snob” and “wine snob” because of Richard’s appreciation for the finer eating and drinking establishments. I remember one time in particular when Mike went to great lengths to try to convince Richard that Connie and I and Tracy and Mike had plans to go eat on a Friday night at an all you can eat fish fry at the Cracker Barrel in East Ridge. Really!? A Friday night all-you-can eat fish fry at the Cracker Barrell in East Ridge??. I’ll let those of you who know both Richard and Mike draw your own conclusions as to whether or not those efforts proved successful.

Another venue and activity that Mike greatly enjoyed with his friends was playing golf at Black Creek Golf Course. Often, he would play with Richard, Gary Patrick, and even his next-door neighbor, the “Italian Stallion”, Gerry Siciliano. In Mike’s eyes, the winner of the round was not near as important as the opportunity to mess with each other. In Mike’s and Gerry’s eyes, the golf rules were “advisory” while Richard viewed them as “mandatory”. Apparently, on a particular day at the 13^th hole, Richard hit an excellent drive down the fairway, but was helping Gerry look for his golf shot, which was sliced far off the fairway. At this time, Mike took the opportunity to exchange Richard’s Patrick, Beard # 2 ball with a Patrick, Beard # 6 ball that Mike had in his bag. Richard went on to win the hole and subsequently beat both Gerry and Mike by several strokes when the round was tallied. At that time, however, Mike and Gerry expressed disbelief in Richard’s tabulation and asked to look at his golf ball. Mike reminded Richard that he had made a big deal at the beginning of the round about his Patrick, Beard # 2 golf ball and pointed out that Richard finished the round with a Patrick, Beard # 6 golf ball, which resulted in Richard’s disqualification and loss of that round. Both Gerry and Mike also had conveniently ended up with the same score, so Richard had to pay the bet off double even though he had really won the round and bet.

Mike enjoyed being involved in litigation when the other party underestimated him or had a “attitude”. He relished being an underdog. In fact, even though Mike was very self-motivated, organized, and focused, an adversary could motivate him even more by telling Mike what he couldn’t do or what the adversary was going to do to him if the case went to trial. Probably the best example I can think of involving Mike dealt with a lawsuit for trademark violation that Mike tried in front of a jury in Federal Court in 2018. During this complicated trial, the defendant’s counsel was represented by an Atlanta firm who had three partners in attendance at trial, two associates, and three paralegals. Mike and one associate represented the plaintiff at trial. When I talked to Mike on the eve of the trial, I asked him if he felt like he needed additional attorneys to assist him in light of the overwhelming numbers on the defense side. Mike’s response was a classic. He said that “he had them where he wanted them, and he thought the 5 attorneys and 3 paralegals vs. 2 attorneys was just fine”. Several weeks later, Mike obtained another million-dollar judgment as a result of a successful jury verdict.

In remembering Mike’s life, one would be amiss not to mention his strong love of his wife, Tracy, and his son and daughter, Clay and Leslie. Mike absolutely loved them, supported them, and was extremely proud of them. Prior to his death, Leslie had recently relocated back to Chattanooga with her daughter Sarah which allowed Mike and Tracy the opportunity to get to know his only granddaughter. Since Clay graduated from McCallie and Georgia Tech, Mike and Clay spent many hours discussing the merits of Georgia Tech football vs. the SEC and Auburn as well as Georgia Tech basketball vs. Auburn basketball. Mike always really enjoyed the special time he spent with Clay and was quick to point out Clay’s academic and business accomplishments, which were many.

For anyone that knew Mike at all, one would describe his life as falling into two categories: “BT” and “AT”. Before Tracy and after Tracy. 20 years ago, after he courted and married Tracy, his entire life and outlook on life changed for the positive. He found his soulmate, best friend, and love of his life and through the loving support and companionship of Tracy, Mike was able to successfully meet and navigate many of life’s challenges. No doubt that Mike’s marriage with Tracy as well as the birth of his two children were the highlight of his life and the gifts that kept on giving throughout his entire life.

If Mike was your friend, he always “had your back”. His friends could always count on him to be there for them and to help in any way necessary regardless of the type of problem or challenge that friend was facing. No matter the problem, he approached it with his easy smile and you immediately felt better. He did it with little fan fair and never sought the limelight, but one knew he was always there when it mattered.

Everyone at our office has dozens of stories and memories about the “breath of fresh air” that Mike brought to our firm. His personality, keen intuition about the law, his incredible sense of humor and humility made our firm a much better place to work, to live, and to grow. While Mike’s leaving us all too early left a huge hole in the business portion of our firm, it left an even bigger hole in the personality and community of our firm. Our loss, however, was heaven’s gain.

Mike was a member of The Chattanooga, Tennessee, Georgia, and Alabama bar associations, National Trial Lawyers Association, Best Lawyers in America - personal injury litigation, National Association of Subrogation Professionals, Auburn University School of Accountancy Advisory Board, Mid-South Super Lawyers - personal injury litigation, American Association for Justice, Tennessee Association for Justice, Alabama Association for Justice, Georgia Trial Lawyers Association, Roscoe Pound Institute, and National Association of Subrogation Professionals. He was a former board member of and associated with Chattanooga Endeavors, Inc. and Cumberland Heights.

Mike is survived by his wife, Tracy Lee Anderson; son, Clay; daughter, Leslie; and three grandchildren.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 28^th day of February, 2020, that Michael A. Anderson’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise, and memory.

BE IT FURTHER RESOLVED, that a copy of this Resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee, and that a copy be presented to his family as a token of the esteem and honor in which he has been held, as an expression of our very deep sympathy and our mutual loss.

CHATTANOOGA BAR ASSOCIATION
signed
John C. Harrison, President

Memorial of

Dale L. Buchanan

As prepared and presented by Eric Buchanan

Dale L. Buchanan used his passion for helping people to establish the first large social security disability practice in Chattanooga and eventually had multiple offices around Tennessee and nearby states. He and his firm helped so many disabled Tennesseans get their disability benefits that the joke was Dale was the largest employer in many small towns in Tennessee.

Dale used his quiet and competent leadership style to teach and train his attorneys and staff, many of whom went on to have successful careers on their own or in other firms. It is a good bet that most social security disability attorneys in Chattanooga learned the practice from Dale or from someone who learned from Dale.

In addition to his law practice, Dale Buchanan succeeded in his other career as an officer in the United States Marine Corps Reserve. LtCol Dale Buchanan retired from the Marine Corps Reserve in 1983 after having served in Southeast Asia just before the Vietnam War started, and later served for two years as Commanding Officer of “Mike Battery,” the “Chattanooga Marines.”

Chattanooga and Signal Mountain welcomed Dale and his wife, Laurie, when they moved here in 1977 after having lived on both coasts multiple times.

Born in 1939, Dale was a native of Washington state, where he grew up the youngest of nine children. He lost his mother at age three and began working as a cook in a lumber camp where his father worked at the age of 12. The first of his family to go to college, he graduated from Washington State University in 1963 and entered the Marine Corps after graduating. After leaving active duty in the Marine Corps, Dale worked for a short time before attending the Walter F. George School of Law at Mercer University in Macon, Georgia, from which he graduated in 1975. He worked for the Social Security Administration as a staff attorney in Southern California and in Chattanooga before he started his own firm in 1982, with the help of his wife, Laurie.

Dale met his wife Laurie on a blind date while she was at Mary Washington College in Fredericksburg, Virginia, and he was at the Marine Corps Officers’ Basic School in Quantico. They married soon after Laurie’s graduation and were able to celebrate a very short honeymoon before Dale was ordered to Southeast Asia just at the start of the Vietnam War.

Each of Dale’s eight siblings predeceased him, as did his parents: Grace Little Buchanan and Edgar Mountain Buchanan. Dale is survived by Laurie, wife of 55 years; son, Eric Lane Buchanan (Margaret, “Meg”) of Chattanooga, daughter, Tracy Buchanan Ferguson (Guy) of Yorktown, Virginia; son, Michael Robie Buchanan (Amanda), of Signal Mountain. Dale is also survived by three beloved granddaughters, Mandalin Hennessee, Dalis Ann Buchanan and Charleston (Charlie) Lucille Buchanan, and by numerous nephews and nieces in Washington state and other parts West.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 28th day of February 2020, that Dale L. Buchanan’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise, and memory.

BE IT FURTHER RESOLVED, that a copy of this Resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee and that a copy be presented to his family as a token of the esteem and honor in which he has been held, as an expression of our very deep sympathy and our mutual loss.

CHATTANOOGA BAR ASSOCIATION

signed

John C. Harrison, President

Memorial of

C. Avery Duff

As prepared and presented by John F. Henry, Jr

Avery was born in Chattanooga Tennessee to Frank and Beck Avery Duff. His father was a successful businessman, well known, and well liked in the community. Avery attended high school at the Baylor School, and he attended undergraduate school at the University of North Carolina at Chapel Hill, graduating with honors. Thereafter, Avery attended and received his JD from Georgetown University School of Law, also graduating with honors.

While in law school, Avery worked for Tommy “the Cork” Corcoran, a New Deal lawyer who, together with James Landis and Benjamin Cohen, drafted the legislation that created the Securities and Exchange Commission. In his self-deprecating way, Avery always said that his job with Tommy consisted mostly of driving Tommy to important meetings and listening to Tommy’s old war stories. Having worked for Mr. Witt and Mr. Gaither, two very fine old gentlemen of the Chattanooga Bar, I will say that I believe that listening to war stories is a significant part of every young associate’s job.

After law school, Avery returned to Chattanooga and joined the law firm of Witt Gaither and Whitaker. That is where I met and practiced law with Avery.

As many of you may know, Avery only briefly practiced law. The year he and I made partner at our firm, he resigned and moved to California to pursue a career in screenwriting.

Those of you who had the pleasure of knowing Avery personally will know that he was a treasure house of anecdotes – both by and about him. There are a thousand and one stories that I could tell, but I want to relate just one – the story of how he came to change professions.

Late one weekend we went to the movie theater and saw The Thing, starring Kurt Russell- as you may know, the movie was a remake of an old 1950s sci-fi movie about a shape-shifting creature from outer space. We left the theater discussing the movie. “You know,” he said, “I think I could write one of those screenplays.” For the next two months, over lunch, he sat at the Woolworth’s lunch counter across from our offices and outlined, wrote, and revised four or five scripts. One of them seemed better than the others, so he put that in what was then more or less an official script format and showed it to a friend of his at a talent agency in New York. The script was favorably reviewed, and Avery optioned the script to an agent in LA. He received just enough money to pay his typist.

On the strength of that initial success, at year end, Avery announced that he was moving to California to become a writer.

As a writer, Avery enjoyed a long and varied career, participating in numerous script writing projects. As is the case with most screenwriters, much of his work involved rewrites and reworkings of other scripts, and several of the scripts he worked on were sold or optioned. Early on he worked on a movie version of Hawaii Five-O, which, although mentioned favorably many, many times in business publications, never quite made it into production under Avery’s name. Getting paid for your work as a writer is one thing, and getting credit is another, and much of his work -especially in the early years of his career- was not prominently credited. He did receive prominent writing credit for a very successful film called Takers and shortly before he died authored a successful series of legal thrillers published under the series title, The Beach Lawyer. His death from cancer in 2019 was untimely and unexpected.

When we practiced together at Witt Gaither and Whitaker, Avery was an excellent business lawyer. He was stimulating, insightful and creative. His focus was on business and corporate law, and I have no doubt that if he had continued as a lawyer he would have brought great credit to himself and to the profession.

In addition to his work as a lawyer, he was active in early efforts to revitalize Chattanooga and the riverfront as an investor and businessman himself and was proud of his city and its accomplishments.

Avery was a wonderful friend, an excellent lawyer and an accomplished writer. He was intelligent, creative and daring. I ask the Chattanooga Bar Association to join me in honoring the memory of my friend and colleague, Avery Duff.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 28^th day of February, 2020, that C. Avery Duff’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

John C. Harrison, President

Memorial of

Stephen Thomas Greer

As prepared by Elizabeth G. Adams and presented by Honorable J. Curtis Smith

Stephen Thomas Greer, 70, passed away on Tuesday, August 6^th, 2019. He is deeply missed by the bench and bar. The Greer family including Steve’s wife, Susan, his four children, Jessica, Elizabeth, Thomas and Rachel, Steve’s mother, Lota, and their entire family, want to thank the Chattanooga Bar Association for this opportunity to present this Memorial Resolution in his memory.

Steve was the son of the late Thomas Arthur Greer, Jr., and Lota Applewhite Greer of Dunlap. He was born on September 9^th, 1948. Tom and Lota had three sons with Steve being the oldest. The middle son, Pat, is a surgeon in Winchester, and his youngest brother, Mike, is a surgeon here in Chattanooga. Steve was a lifelong resident of Dunlap. He loved the Sequatchie Valley and all its beauty. As a child, you could easily find him riding horses, shooting BB guns, playing with his dogs, hunting, or stirring up trouble, on a few occasions, with his beloved cousin, Jimmy Thompson. Steve excelled academically and athletically in high school and was an all-state football player. He played high school basketball, was an excellent swimmer, and talented trumpet player.

Steve attended Tennessee Tech University on a full athletic scholarship for football and graduated from there in 1970. Later, all four of his and Susan’s children attended and graduated from Tennessee Tech. After Steve graduated from Tennessee Tech, he enrolled in the University of Tennessee Law School in the fall of 1970 with Curtis Smith and Tommy Austin, two childhood friends, as well as a number of friends from the Sequatchie Valley. There, Steve was a member of the Law Review, made excellent grades, and clerked for several prominent attorneys in Knoxville. Susan supported them by teaching Kindergarten. Steve and Susan made many lifelong friends during law school, many of whom settled here in Chattanooga and in the Sequatchie Valley.

Steve graduated from law school in December of 1972, returned to Dunlap and began the practice of law. Eventually, Steve’s law office moved to the corner of Cherry Street and Rankin Avenue and it remains there today. In 1975 he formed a partnership with Curtis Smith lasting 19 years. In 1994, his father, the late Circuit Judge Thomas A. Greer, Jr., joined the practice after retirement and worked part time until his death in 2012. Russell Anne Swafford joined his firm in 1996 and continues to practice there in Dunlap. His daughter, Elizabeth Greer Adams, joined the firm in 2003 and was fortunate to practice law simultaneously with both her father and grandfather. In 2010, Steve opened a second office in Dayton, Tennessee.

Throughout his 46-year career as a lawyer, Steve handled all types of cases, but his passion was the Courtroom where he skillfully tried over 100 jury trials. Steve enjoyed most his criminal defense, personal injury and worker’s compensation cases. Many of the people he represented lives had been shattered and he reveled in representing the powerless against the powerful. He loved the law and everything about a jury trial from the preparation, jury selection, opening statements, presentation of proof and closing argument. In many of Steve’s closing arguments, the jury was so attentive, one could hear a pin drop.

Steve’s practice was extremely diverse ranging from title examination, probate, family law, criminal law, real property litigation and almost any other area of the law one might mention. As an example of that diversity, Steve might argue before the Tennessee Supreme Court on one day, and the very next morning represent a client in a local general sessions court. One of Steve’s very first clients paid him with arrowheads that are still in his home today! Whatever Court he was in he treated the lawyers, judges and litigants with respect and courtesy. Even if he was your adversary in a particular case, he was still your friend and mentor.

Steve’s clients loved him. He treated all his clients equally whether they were rich or poor. Steve was generous with his time and attention and was very patient. His secretaries often teased that one client in particular must have had a GPS device inserted somewhere on Steve because when Steve walked through the office doors, the client would call. Many of those clients, some from long years past, stood in line for hours at his visitation just to say a word of respect to Susan and the children.

Steve’s staff respected and adored him. He was a kind, patient, and loyal employer who cared deeply for those who worked for him. His long-time assistant, Sherry, had been with the firm for 30 years when Steve passed away.

Steve saw his daughter, son, and son-in-law follow him in his profession. Jeff Matukewicz, who is married to his oldest daughter, Jessica, started practicing law here in Chattanooga in 2002 and is a member of the Chattanooga Bar Association, as is his daughter Elizabeth. His son, Thomas Greer, began his law practice in Memphis in 2005 and is a partner in the firm Bailey and Greer.

Steve was a member of the Tennessee Trial Lawyers Association for his entire legal career and served as President from 2006-2007. His son Thomas served as Tennessee Trial Lawyers Association President ten years later; the only father and son to serve as President in the organization’s 50-plus year history. His leadership and work in the Legislature, where he fought tirelessly for the victims of personal injury, wrongful death and workplace injuries affected Tennesseans across the State. Steve was a member of the prestigious, invitation only, American College of Trial Lawyers and the American Board of Trial Advocates, the two most preeminent, exclusive organizations in the United States for trial lawyers.

Steve was a dedicated servant to his community. He served on the Board of Directors of Mountain Valley Bank, formerly Sequatchie County Bank, for 30 years, and served as the bank’s attorney. He was the attorney for the City of Dunlap and helped promote economic growth for the City and Sequatchie County. Steve served on the Sequatchie County School Board for many years. He was a member of First Baptist Church of Dunlap from childhood until his death. He taught Sunday school there for over 20 years and served on the Board of Deacons.

Steve found time to enjoy life outside the legal profession. He coached little league football and baseball for a number of years. Often times, Steve would leave his busy office and go straight to the little league field to coach his son. He enjoyed dove and quail hunting with his father, brothers Pat and Mike, and son Thomas and was an excellent shot. Steve loved watching his children play sports, cheer, dance, play music, attend church and develop into the well-rounded successful adults they are now. Steve and Susan loved to travel! They traveled to almost all 50 states and many countries in Europe, often-times with their children, grandchildren, and family.

Steve is survived by his wife of 50 years, Susan Burns Greer, the true love of his life. He was extremely proud of his and Susan’s children, Jessica Greer Matukewicz, a third grade teacher at Nolan Elementary, Elizabeth Green Adams, an attorney with his firm, Thomas Randel Greer, an attorney in Memphis, and Rachel Greer Domizioli, a stay at home mom to her three sons. Steve and Susan’s four children have given them 13 wonderful grandchildren who span from age 2 to age 17. On behalf of the family, they would like to thank all of you who expressed your deep love, concern and sympathy during this difficult time. The lovely, funny and touching stories about Steve are an immense source of support for them all.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 28^th day of February, 2020, that Stephen Thomas Greer’s good deeds, kindness and true love of the law be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

John C. Harrison, President

Memorial of

L. Hale Hamilton

As prepared and presented by Joseph R. White

Hale loved the practice of law. He loved teaching young lawyers. From the day he was hired on a case he began making notes and practicing his argument to the jury. He worked tirelessly preparing a case for trial. Hale spent more time mentoring young lawyers than anyone else I knew. When he and I would go out and meet a client or a witness he loved saying “I’m Hoss and he’s Little Joe.” When he would assign a case to an associate to handle, he loved saying “This is a winner, don’t screw it up.” Hale was a good lawyer and a good man.

L. Hale Hamilton of Signal Mountain, TN passed away on December 15, 2019, after a long battle with Parkinson’s Disease. He was 77 years old. He was born in October 1942 in Richard City, TN. He graduated from The Baylor School in 1960. He received his B.S. in Accounting from the University of Tennessee in 1965 where he was a member of the Kappa Sigma Fraternity, and was a bass singer with the UT Singers and the Tenn Men. He received his J.D. from the University of Tennessee College of Law in 1968. He married Bonnie Craig Hamilton in 1965. They moved to Signal Mountain in 1970 and Hale began practicing law with Spears, Moore, Rebman & Williams. Hale was a fierce litigator who loved the courtroom.

He retired from Spears Moore after practicing law for 40 years. Hale was a member of the Chattanooga and Tennessee Bar Associations, worked on the Signal Mountain Planning Commission for 20 years, was an auxiliary policeman, and was a member of the Signal Mountain Golf and Country Club. Hale loved camping trips with his family. He loved to fish and hunt.

He was preceded in death by his parents Isaac and Billie Hamilton. He is survived by his wife Bonnie Hamilton, children Woody Hamilton (wife Meredith), Craig Hamilton (wife Abbie), and Barry Hamilton (wife Beth), and grandchildren Kaitlyn, Libbie, Emma Jane, Joe, and T.C. of Mobile, Rees, Hale III, Sloan, and Bryan of Signal Mountain, brother Barry Hamilton (wife Nancy), sisters Ann Nolen (husband Les) and Jane Turner (husband David), numerous nieces and nephews, and his beloved dog Smokey.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 28th day of February, 2020, that L. Hale Hamilton’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION
signed
John C. Harrison, President

Memorial of

Richard Thomas Klingler

As prepared by George Koontz and presented Arthur C. Grisham, Jr.

Richard Thomas Klingler passed from this life on February 14th of 2019. He leaves behind him a legacy of quiet wisdom, kindness and love.

Richard was born on July 30th, 1953 in Chicago, Illinois and spent his formative youth in Kankakee, Illinois. From an early age, a deep compassion for others led Richard onto the path to becoming an attorney. This childhood decision, that may have been dismissed by a less-driven individual, became one of the guiding forces in his life; along with his faith and unwavering moral compass.

Never one to boast, even when he had reason, Richard was an honor student as an undergrad at the University of Illinois and in law school at Southern Illinois University. Richard's professional career started in 1979 at Weill, Ellis, Weems & Copeland and ended 40 years later as a partner in the firm Kennedy, Koontz & Klingler. Practicing in the field of bankruptcy and personal injury gave Richard what he felt was the best opportunity to assist people in times of need. He aspired to serve the Chattanooga area in an increased capacity as a judge, but timing and circumstance prevented this goal from being achieved. Up until his final days Richard continued to help and support clients in any way possible.

Always an active member of the community, Richard was a long standing member of the Notre Dame High School Board and Financial Committee. As a devoted Catholic, he participated in mass celebrations as a Eucharistic minister for St. Gerard Catholic Church and served as a member of the Knights of Columbus.

Richard’s devotion and understanding extended beyond his community and calling as an attorney. Family was the main pillar of purpose in his life. Husband at 19 and father just a few years later, Richard and his wife, Nancy, raised three children to love, appreciate and step lightly through life. In time, Richard became both a grandfather and great-grandfather. He embodied each of his evolving family roles and took them seriously, but with his typical dose of playfulness. He could often be found participating in and encouraging the activities of his children & grandchildren, whether it be supervising Boy Scouting events, cheering at sporting events or taking the time to educate them about his personal interest, the Civil War. An observer by nature, Richard willingly shared his thought-provoking insights, but never forced his own agenda.

A lover of the outdoors, Richard was seldom happier than when he was walking in the woods, camping with his family or planning these adventures. It is truly a tragedy that so many of these planned adventures eluded him due to his unexpected illness and death at a relatively young age. For the family that he built, tragedy used to be just a word or perhaps a passing event. We’ve come to realize that it is something that is lived daily. We will forever mourn his grounding nature and untapped wisdom while celebrating the lessons and time shared together.

Richard's ever-present mustache and glasses framed a loving face that was quick to smile and was often accompanied by his infectious laugh. He had a poet's way with words, a sage's insight and the heart of a saint. If only some of us strive to be half the man Richard showed it was possible to be, our world would be transformed. Richard, we will do our best to follow your fedora-donned guidance, we love you dearly, and we will miss you always...until our paths cross again.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 28^th day of February, 2020, that Richard Thomas Klingler’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

John C. Harrison, President

Memorial of

Robert McNabb McAllester

As prepared and presented by the John C. Harrison

Robert McNabb McAllester, 87, died on April 23, 2019 at Alexian Health Care.

He is survived by his loving wife Linda H.S. McAllester; nephew William L. McAllester, III (Pam) and niece, Mrs. Winifred Lee (Ronnie).

He was preceded in death by parents William L. McAllester, Sr. and Winifred Ewing McAllester; brothers, Chamberlain McAllester and William L. McAllester, Jr.; sister, Ewing McAllester. His grandparents were Henry Overton Ewing and Minnie Chamberlain Ewing.

In earlier years he lived eight months on High Street in order to attend Bright School and four months on Lookout Mountain or until school started again. After which he lived only on Lookout Mountain.

After college he served two years in the U.S. Airforce as a Squadron Adjutant, then as a Base Property Disposal Officer at Shaw Air Force Base in South Carolina.

After active duty, he served in the Tennessee Air National Guard retiring at an early age with the rank of Captain.

After military service, he worked at Combustion Engineering, Inc. as a Nuclear Contract Administrator. While working at Combustion he went to McKenzie College of Law and passed the bar exam in 1962. He then worked for many years with the law firm of McAllester and McAllester. Upon the appointment of Sam McAllester, as Chief Counsel for the Department of Employment Security, Robert and his twin brother Chamberlain formed their own law firm.

He was a graduate of Bright School, attended Baylor School, a graduate of Choate School in Wallingford, Connecticut, Yale University in New Haven, Connecticut, McKenzie College of Law and received a Certificate of Accounting from the University of Chattanooga.

Bob was a member of St. Paul’s Episcopal Church. Then he became a member of the Church of The Good Shepherd, Lookout Mountain. He was also a member of the Lookout Mountain Fairyland Club, Lookout Mountain Golf Club, Manker Patten Tennis Club, Chattanooga Ski Club and the Chattanooga Quarterback Club.

He was a member of the American, Tennessee, and Chattanooga Bar Associations, the American Institute of CPA’s, and the Tennessee Society of CPA’s.

While a student at Yale University he became interested in aviation and started flying as a member of the Yale Aviation Club at the New Harbor, Connecticut airport. When attending the University of Chattanooga, he obtained a GI Bill grant and obtained an FAA issued Commercial Multi and Single Engine Instrument license.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 28^th day of February, 2020, that Robert M. McAllester’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

John C. Harrison, President

Memorial of

John Douglas McMahan

As prepared and presented by the G. Brent Burks

John McMahan died on June 2, 2019. He had battled pancreatic cancer longer than anyone thought possible. That fighting spirit mirrored his fighting spirit in the court room and in general of behalf of all his clients.

John grew up in Houston, TX and Memphis, TN. He was Valedictorian of his high school class of 1969 at Bishop Byrne Catholic High School in Memphis, Tennessee. He graduated with his undergraduate degree from Vanderbilt University in 1973. He graduated from the University of Tennessee Law School in 1975.

John Practiced many years with the Leitner, Williams Law Firm, where he made many life long friends. He developed a reputation as being an aggressive and effective trial attorney. In 1995 he left the defense practice he had always known and founded McMahan Law Firm. He became known as the “Insider” because he knew the insurance company practices he had previously pursued.

In the spring of 1997, I was approached by John about coming to work as his associate. I already knew of his reputation for getting results in the courtroom. I wanted to know what kind of a person he was. I went to two older members of the bar who had been mentors to me. Phil Fleiessner and Judge Bob Moon. Phil told me what a talented lawyer John was (which I already knew). Then he told me something about the man’s character. It turned out that John lived next door to Phil’s elderly parents in North Chattanooga. Phil told me John had been incredibly kind and good to his parents and that nothing required it. Nobody was watching. That story told me about the character of the man. Judge Moon said similar. He said “Brent, if you find anyone who doesn’t like John, it’s because they are jealous of his success and ability.”

Only after his death did I learn of John working with Roy Exum to be a secret Santa to help many people who had nowhere to go. Roy said John was with him from the beginning, being a part of a sort of rescue mission for the hopeless. Roy said, “I never called him that I didn’t have his cash gift within the hour.”

Practicing law with John was truly exciting. He had an aggressive mind set toward the tortfeasors who had wronged his clients. He often used the terminology that he was “prosecuting” the client’s case. Normally this terminology would be reserved for the criminal arena.

John truly loved trial, I learned so much and have so many great memories from the cases we tried together. John looked at trial as an adventure or an opportunity. He especially relished cross examining the other sides expert. He would learn the science of the medicine and go toe to toe with them.

John also taught me the importance of never getting too high or too low. We have left the courthouse for the walk of a couple of blocks to our office after big verdicts and defense verdicts alike. There was never much difference in his demeanor. It was always, Let’s get back to work.

John carried himself with the same flair outside the courtroom as he did inside it. Socially or on the golf course he would be called “Insider”. In those settings he was gregarious, and he enjoyed his friends and a good laugh. He was a talented golfer who carried a very low handicap. I was told that he once made a hole in one using his wife’s golf equipment.

Since 2011, John had retired and relocated to Ponte Vedra Beach, Florida. There, he lived with his wife Lisa McMahan and three children, Grace, Kiefer and Carter. John is also survived by two daughters, Molly (Griffin) Beard of Memphis, TN and Colleen (Chris) Canale also from Memphis, TN, and son Johnny (Tiffany) McMahan of St. Petersburg, FL. He is also survived by seven grandchildren, his four siblings, and many nieces and nephews. He loved and cherished them all.

John wrote words for his own obituary. To his family, “love one another and always be kind”. To his golfing buddies, “Thank you for the great memories and amazing friendships on and off the course. All of you made my life worth the fight! Celebrate my life and remember the good times”.

As great as John’s legal accomplishments were, his character was greater. There is no higher praise.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 28^th day of February, 2020, that John Douglas McMahan’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

John C. Harrison, President

Memorial of

David Eugene Nelson

As prepared by and presented by B. Paul Hatcher

David Eugene Nelson, Jr., passed away on Friday, September 27, at the age of 90. He was a partner in the law firm of Wagner, Nelson & Weeks, and practiced law there until shortly before his death.

David was a veteran of both World War II and Korea. He was a security officer who investigated military code breaches and violations. He was responsible for recommending or waiving disciplinary action against such violators and was a crucial investigative witness in many military hearings. Thus, he became familiar with legal hearings before ever attending college.

After the Army, David attended the University of Chattanooga under the G.I. Bill and earned a Bachelor of Arts in History. He then studied law at Vanderbilt University and was licensed to practice law in the State of Tennessee in 1959. After law school, he returned to Chattanooga and practiced law with Joe Wagner until Mr. Wagner’s death in 2012.

His practice was principally in the area of creditor’s rights in bankruptcy, and he had a large real estate foreclosure practice as well. I saw David often because we worked in the same building. For over 20 years, I worked with David often because my office provided David with the real estate title examinations for his foreclosure files. I also sat with David in bankruptcy creditor meetings on many occasions. Later on, David was one of the Masons welcoming me into the Scottish Rite.

David was, as I am, a Master Mason, a Scottish Rite Mason, and a York Rite Mason. He was also a Past Potentate of the Alhambra Shrine, and was often called upon to transfer children to the Shriner’s Hospital in Kentucky. He a member of the American Legion, and an active member of the Chattanooga Lions Club.

He served as a board member for the Bonny Oaks Foundation, the Shriners Hospitals for Children, and St. Andrew’s United Methodist Church. He was a member of First Centenary United Methodist Church.

David was preceded in death by his first wife, Dorothy, his second wife, Bernice, and his son Doug. He has a son, Gene, as well as a granddaughter and three great-grandchildren.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 28^th day of February, 2020, that David Eugene Nelson’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

and our mutual loss.

CHATTANOOGA BAR ASSOCIATION

signed

John C. Harrison, President

Memorial of

William “Bill” Ortwein

As prepared and presented by Jerry Summers

“Bill” Ortwein, as he was commonly known, was born on July 21, 1940 in Chattanooga, Tennessee and he died January 26, 2019 at his home in Benton, Tennessee.

He was preceded in death by his parents, Freda Tucker Ortwein and Malvin Hubert Ortwein. He is survived by his wife, Mary Myers Ortwein and two children, William Scott (Melinda) Ortwein of Atlanta, Georgia and Frederick Lee (Rachel) Ortwein of Chattanooga.

Bill attended Chattanooga public schools and graduated from the old Central High School on Dodds Avenue in 1958, where he was a major in the ROTC and an officer in the Key Club. After graduation, he joined the United States Marine Corps as a Private First Class and remained in the Marine Corp Reserves as a Corporal.

Bill also attended the University of Tennessee as an undergraduate and was a member of Delta Tau Delta social fraternity where he also served as that body’s representative on the Fraternity Council.

Bill next entered the University of Tennessee College of Law and received his Doctor of Jurisprudence degree upon graduation. While in Law School, he received a Ford Foundation Grant to do research in criminal law and also was a member of Phi Alpha Delta Legal Fraternity.

Bill first entered the private practice of law with the firm of Noone, Mosley and Bell, primarily handling insurance defense cases.

In 1966 he joined the District Attorney General’s office as one of six assistants under Edward E. Davis that handled the prosecution of all criminal cases in Hamilton County, Tennessee.

Bill subsequently went into the private practice of law handling mostly criminal defense cases and he was just as an accomplished lawyer defending individuals as he had been prosecuting them.

Bill, in 1969 formed an association with former fellow Assistant District Attorney Robert “Bob” Feeney and enjoyed several years of success as one of the most successful criminal defense lawyers. He was a vigorous and dedicated advocate for his clients.

A lifelong dedicated Democrat he ran and won a State Senate seat in the Tennessee General Assembly representing the 10^th District for two terms where he served as the Chairman of the Judiciary Committee. Bill was a member of the Chattanooga Bar Association, the Chattanooga Trial Lawyers Association and the Tennessee Bar Association.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 28th day of February, 2020, that William “Bill” Ortwein’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION
signed
John C. Harrison, President

Memorial of

John B. Phillips, Jr.

As prepared by James M. Haley, IV and presented by Lowry F. Kline

John B. Phillips Jr. was born on January 28, 1947, in Winchester, Tennessee. He was the oldest son of Bomar and Blanche Phillips.

John attended Winchester public schools and then entered David Lipscomb University, from which he earned a Bachelor of Science in Business Management. After an intentionally brief stint as a junior high science teacher in South Pittsburg, Tennessee, John entered the University of Tennessee College of Law and earned his Juris Doctorate in June 1974. He became of a member of the Tennessee Bar in 1974.

John and his wife, Mufti, moved to Chattanooga that same year. John began his legal career with Stophel, Caldwell & Heggie, later Caldwell, Heggie & Helton. Almost immediately, John focused his practice on the developing field of employment law, which became his passion. In 1986, he established John-Carroll-Ellis, LLC, a consulting firm that provided employers with employment-related newsletters, conferences and taped training series. Eventually partnering with M. Lee Smith Publishers, these and similar products were distributed in all 50 states.

In 1991, John joined Miller & Martin as a partner and a member of its labor and employment group. He served as the firm's managing partner from 1997 to 2002, during which time Miller & Martin more than tripled in size when it opened offices in Atlanta and Nashville.

In 2003, John applied his energy and expertise in the corporate setting. He served as Vice President and Deputy General Counsel for Labor and Employment of Atlanta-based Coca-Cola Enterprises Inc. through 2007. At CCE he provided leadership and oversight on all labor and employment matters for the 50,000-employee North American business unit, as well as legal support for a variety of global initiatives. From November 2010 to May 2013, John served as General Counsel, Senior Vice President and Chief Ethics and Compliance Officer for CraftWorks Restaurants & Breweries, Inc. where he oversaw all legal and regulatory issues, and he provided legal leadership during the merger of Chattanooga's Gordon Biersch and Denver's Rock Bottom restaurants and breweries, which formed CraftWorks.

Following each of his corporate experiences, John returned to Miller & Martin, both for the opportunity to practice employment law and for the collegiality and friendships that he so valued and cherished. His decision to retire in 2014 was very difficult for him, primarily because he knew how much he would miss being part of the daily endeavors of those in his beloved firm.

John's love for the legal profession and his attorney colleagues was matched by his love of Chattanooga, its growth and vitality. Over the past 40 years, John served as the board chair or president of the Tennessee Aquarium, Chattanooga Convention and Visitors Bureau, the Boys and Girls Clubs, the Kiwanis Club, and Chattanooga State Technical Community College. He also served on the board of numerous other civic organizations dedicated to supporting or improving this city.

On a more personal note, John was known for his keen wit, broad smile and booming laugh. He could tease mercilessly, but the teasing was always tempered by his warmth and compassion for others. He was constantly mentoring and edifying others. He will be remembered by the younger attorneys with whom he worked for encouragement and guidance. He will be remembered by his friends, inside and outside the legal profession, for his selfless and sincere counsel. As funny and outgoing as John could be in public, he was deeply introspective and serious in private. His spiritual journey was life-long. He searched always for truth and goodness; he wrestled constantly with his own weaknesses; he led and graciously taught fellow sojourners in faith.

Lastly, the most precious and enriching aspect of John's life was his family. He and Mufti were married for 50 years, and he would be the first to acknowledge her as his secret superpower. John loved his children, Jeb, Anna Carroll and Ellis and was profoundly proud of each of them.

Upon becoming a grandfather, John wrote a book titled A Time to Be Born: Meditations on the Birth of a Child. His grandchildren, Brown, Hap, Wells, and George, were his daily joy. Landen.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 28th day of February, 2020, that John B. Phillips, Jr.’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

John C. Harrison, President

Memorial of

William Lloyd Stanley, Jr.

As prepared and presented by Thomas A. Williams

William Lloyd Stanley, Jr. was born on July 2, 1941in Chattanooga, Tennessee. He was the only child of William and Sammie Durham Stanley.

He attended public schools and graduated from Chattanooga High School in 1959. He entered the University of Tennessee and received a Bachelor of Science in Business Administration in 1963 and a Juris Doctorate in December 1966. He was a member of Lambda Chi Alpha Fraternity, Scarrabbean Society, Phi Beta Kappa, Phi Alpha Delta, and other honorary societies and fraternities.

Following his graduation, he married Martha “Marty” Sharp of Maynardville, TN. He then practiced as an Associate with the Noone firm in Chattanooga until he was called up as an officer in the Air Force JAG Corp and served in Florida and New Mexico for three years during the Viet Nam conflict.

Lloyd loved the law. The more challenging a case, the more he was involved in the case. After the Air Force, he was appointed an Assistant United States Attorney for the Eastern District of Tennessee. He prosecuted numerous, high profile cases including counterfeit, bank robbery, moonshine conspiracies, etc., until he once again entered private practice where he continued for 45 years.

He served as President of both the Chattanooga Bar Association and the local Federal Bar Association. He was elected as a Fellow of the Chattanooga Bar Association in 2001.

Beyond his service to legal organizations, Lloyd served on civic organization boards. This list would include READ Chattanooga, The Chattanooga Jaycees (President), Hamilton County Chapter of the UT Alumni Association (President), GPS Board, McCallie Board, Bright School Board, Redoubt Soccer Association (Organizer and Board), Chattanooga Airport Authority (17 years, including Chairman and Vice Chair), Chattanooga Area Convention and Visitors Bureau, Chattanooga Taxi Board, and the Hamilton County Republican Party.

He was a lifelong member of the Brainerd Methodist Church and served as Chairman of its Administrative Board.

Lloyd was a good and honorable man. He was wise and had extraordinary common sense. He had a wonderful sense of humor with a pinch of mischief. He loved people, his community and his profession. Most of all, he loved Marty, his wife of 53 years, his children, W. Lloyd “Trey” Stanley III (Jennifer), and Dr. Mary E. Stanley Grant (Scott), his granddaughter, Ashley Lauren Grant and extended family.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 28^th day of February, 2020, that Lloyd Stanley’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

John C. Harrison, President

Memorial of

J. Wayne “Bud” Vincent

As prepared and presented by Marty Lasley

I am truly honored and privileged to present the following Resolution for my friend Jonathon Wayne Vincent, otherwise known as “Bud” or “Buddy”, a lifelong resident of the Red Bank/Chattanooga area, and a member of the Tennessee and Chattanooga Bar since 1973.

Bud Vincent passed away on September 27, 2019, at 71, and had been retired from the practice of law since 2014.

Graciously, Bud allowed me to share office space with him for a couple of years. So, I know Bud, but not enough to speak about his life of 71 years.

In order to present to the Chattanooga Bar a truly panoramic picture of him, rather than just my personal, limited snapshot, I’ve conducted a Citizen Kane-like newspaper reporter investigation of his past. The unanimous, consistent refrain from family, friends and colleagues has been simply this: Bud was a man of quiet faith, unfailing kind, generous, friendly, and gracious.

The only possible exception to the glowing praise for Bud was from his seventh-grade Sunday School teacher. She once complained to Bud’s mother that he talked too much in class, mostly by asking too many questions. And could she please restrain her child? The teacher feared Bud would “grow up to be a lawyer.” Alas, this Red Bank Methodist Church member’s worst fears were indeed realized.

Bud’s legal career had two distinct phases. After graduating from the University of Tennessee Law School in 1972, Phase One of Bud Vincent’s legal career began when TDOT hired him; he served as Associate General Counsel for their Chattanooga office until his retirement in 2003. Covering more than 30 counties, he was in charge of state transactions and purchases associated with acquiring properties, a job his family said he performed with difficulty when he had to inform families their property would be subject to eminent domain. Bud was fair and kind to all property owners, and over 95% of all of his cases were resolved by agreement without having to file a condemnation.

Leland Jordan, Associate General Counsel for TDOT, a friend and colleague of Bud’s, recalled that Bud’s knowledge of Tennessee real estate and eminent domain law was encyclopedic and impressive to all in the office. One striking memory of that time was when Bud was moderating a crowded and heated public meeting forum on a controversial road matter, and an attendee came to the podium carrying a bag. He removed a chainsaw, started it, and said, “This is what I’m going to do to any state worker that comes on my property.”

Bud’s sister, Mrs. Ann Harden, remembers Bud expressing pride and satisfaction with having participated in the development and implementation of the runaway truck lanes on the treacherous Monteagle Mountain section of Interstate 24.

Phase Two of Bud’s legal career began after his TDOT retirement when he accepted a position in the Law Office of Martin Bean in 2004. Bud worked with Mr. Bean and his office manager, Zane Turner, through Martin’s cancer treatments and eventual death in 2005. Martin’s brother, Chattanooga City Court Judge Russell Bean, thanked Bud for helping maintain the law practice during the rigorous cancer treatments. Again, the recurring theme emerges of kindness and generosity.

During Phase Two in Bud’s career, he found his true calling as a criminal defense lawyer. These were his most professionally contented years, and his family recalls him often saying, “This is what I always wanted to do.” Even his old TDOT colleagues recognized the new heights to which his contentment climbed…

Bud loved his new work and summed it up with his notoriously well-known license plate, 11/29 Suspended.

Most folks outside the criminal defense practice don’t know exactly what that phrase means. Think of it as “Amazing Grace” as sung in the old gospel song. “11/29 Suspended” is shorthand for a guilty plea to a misdemeanor with an agreed sentence of 11 month and 29 days-the maximum sentence for a misdemeanor. The good news is the “Suspended” pronouncement, meaning that no jail time will be served. The defendant walks out of the courtroom a free man after the plea. It’s the gold standard for a criminal defense lawyer. The difference between a misdemeanor and a felony is almost as wide a chasm as between Heaven and Hell. So a victory there! All you have to do is admit your guilt and then you are free. Amazing Grace.

In short, Bud is known for and remembered fondly for generously allowing many new and younger lawyers to share office space with him during this solo phase. Young lawyers Josh Weiss and Matt Brown independently used these phrases to describe Bud: “extremely kind,” “unfailingly king,” “filled with generosity” and “compassionate.”

Many of the lawyers Bud came into contact with on a daily basis during these years, and many Hamilton County Associate District Attorneys with whom he negotiated cases on a daily basis remember these things about Bud: every day he mentioned his “great and delicious” breakfast at the Kindred Hospital, he always had a “joke of the day,” he always had a “story of the day,” he treated everybody like a friend, he never raised his voice, he was always working a crossword puzzle, and he would often “temporarily misplace” or outright lose cash paid to him by clients. This caused near heart attacks on the part of his office manager, Zane Turner. Also, everybody remembers often they would hear Bud tell how much he loved to hear Zane play the guitar.

Perhaps the most joy Bud expressed during Phase Two of his legal career came by way of a letter from the Brushy Mountain State Prison. It was a thank you letter from a former client who profusely praised him for all of his hard work and assistance, recognizing how much worse it would have gone for this client.

In other areas of his life, the same story emerges. Bud worked hard, was loved by all and showed his kindness and generosity to his family, friends and community.

Bud was born March 25, 1948, to the late Wayne and Mildred Ragan Vincent, Bud graduated from Red Bank High School in 1965, Emory and Henry College in 1969 and University of Tennessee Law School in 1972.

Bud was a lifelong member of Red Bank Methodist Church, where he served as an usher for many years. And “lifelong member” means that Bud was placed on the church cradle roll when he was three weeks old.

Bud was a 47-year member of the Red Bank Masonic Lodge, Free and Accepted Masons, Number 717, and he was a 33rd degree Scottish Rite Mason. Fellow lodge members Dave Coburn and Jack Workman recall him spending many countless and tireless hours working for the betterment of his community.

He began as a member of DeMolay, and he and his father were the first father and son members of the Red Bank Masonic Lodge, and were both Worshipful Masters. Bud was also a distinguished member of the Chattanooga Scottish Rites Bodies and an active member of the Alhambra Shrine Temple. He was awarded the Knight’s Commander Court of Honor, and later, an honorary 33^rd Degree.

Bud is survived by his sister, Ann Harden; nephews, Tommy Harden and Jon Harden; his nieces, Susan Mullins and Laura Warren; along with numerous great-nieces and nephews.

According to Mrs. Ann Harden and Ms. Susan Mullins, Bud was a beloved brother, uncle and great uncle. They remember Bud’s distinct love of reading, working crossword puzzles, his love of dogs and all animals generally, his passion for all University of Tennessee Volunteer sports teams and his enthusiasm for NASCAR races. As they were wrapping up Bud’s financial affairs, they came to appreciate even more his extreme generosity in charitable giving. Some of his regular charitable giving included the Shriners Hospitals for Children Fund, MacKamey Animal Center, the Humane Society and the Community Kitchen.

Everybody mentioned Bud’s love for his dogs and dogs in general. Bail bondsman Dave Coburn tells this story while he was working for a bonding company with offices on the second floor of the Title Guaranty Building on Walnut Street. Bud had an office on the same floor. Every single morning as Bud was unlocking the door to his office, Dave’s little dogs would hear the key and bolt out of Dave’s office down the hall toward Bud in anticipation of a treat (which Bud always gleefully provided). One day, Dave had put the dogs in a room and closed the door so they wouldn’t run loose. When Bud unlocked his door, and was surprised not to see his little friends, he made an inquiry and discovered his little buddies had been locked up. He went into his office, typed up some legal papers and then officially served those papers on Dave. It was a writ of habeas corpus. The Latin literally means “produce the body.” It’s the well-known legal method for having a prison deliver up an inmate to the court to determine whether the defendant’s liberty is being unlawfully denied.

In conclusion, I imagine that when Bud met St. Peter at the Pearly Gates, St. Peter’s sense of humor prompted him to stop Bud and say, “Jonathan Wayne ‘Bud’ Vincent, I pronounce you guilty. Your sentence is 11/29...........Suspended. Come on in...!”

Bud, Rest in Peace.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 28^th day of February, 2020, that J. Wayne “Bud” Vincent’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

Signed

John C. Harrison, President

Memorial of

Joseph “Joe” Fountain Timberlake, Jr.

As prepared and presented by Russell T. King

Joseph Fountain Timberlake, Jr. was born in Chattanooga, Tennessee on January 1, 1926.

After graduating from Chattanooga (City) High School at the age of 17. Joe joined the United States Marine Corps. He served for three years before he was wounded in action at Okinawa, Japan in 1945 and was awarded the Purple Heart Medal. He was honorably discharged in 1946.

Joe then entered the University of Tennessee at Chattanooga, met his wife, Nina Evelyn Lawson, and later attended the University of Tennessee at Knoxville Law School on the GI Bill. Following the birth of his son, Joseph Fountain Timberlake, III, he received his law degree in August 1951, finishing first in his class.

Joe began to carve out his slice of the “American Dream”. He started Timberlake Law and enjoyed a successful civil law practice for the next 68 years which included numerous cases in the Appellate Courts.

Joe loved the law and was dedicated to his clients who were largely blue collar. They were his people. He was not afraid to face “Goliath” and took on the corporate giants such as Federal Express and Coca Cola. A judge once described him as a “zealous” advocate for those he represented.

Prior to the birth of his daughter, Suzanna, in 1958, he moved his family to Signal Mountain, where he resided for the rest of his life. He was fond of naming rooms in his home on the brow for various insurance carriers from whom he recovered substantial sums for his clients. He had a State Farm Room, an Allstate Room, a USF&G Kitchen – you get the picture.

Joe also loved playing handball and racquetball when he wasn’t torturing insurance companies. He could often be found at the Sports Barn enjoying a game or two with friends and colleagues. He will be fondly remembered for his questionable math skills when keeping score.

Due to his relentless nature, Joe may have been tolerated by some, but he was loved by many, especially his clients. Even while frustrated by health issues in the later years of his life, Joe refused to be deterred from the practice of law, which defined him.

Joe Timberlake was a proud member of the greatest generation and was an example of why we call it the greatest generation.

Joe passed away on November 16, 2019. He was preceded in death by his parents, Joseph and Mary Watson Timberlake, Sr.; and sister, Mary Evelyn Orr. He is survived by his son, Joseph Fountain Timberlake, III; daughter, Suzanna Timberlake Baker; grandsons, Joseph Fountain Timberlake, IV and Theodore Francis Baker, III; and granddaughter, Bonny Suzanna Baker.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 28th day of February, 2020, that Joseph Fountain Timberlake, Jr’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

John C. Harrison, President

Memorial of

Robert L. “Bob” Walters

As prepared by and presented by the John C. Harrison

Monday, Jan. 28, 2019, Robert L. "Bob" Walters departed this life in Chattanooga. He was a devoted member of the First Christian Church of Rockwood, where he was an Elder Emeritus.

Bob was born on Aug. 14, 1926 in Des Moines, Iowa to parents, Oscar and Elin Walters. After completing public school in Des Moines, Bob entered the U.S. Army and served a tour of duty in occupied Japan. Upon returning to civilian life, Bob completed his college work at Drake University in Des Moines, and in 1950 received his Bachelors of Arts degree with a journalism major. After graduation from college, he was reenlisted in the Army, where he served in the Korean Conflict as a writer of command logistics history. Upon returning to civilian life once again, he enrolled in Drake University Law School from which he graduated with a Juris Doctorate Degree in 1955.

Bob took a position in the Securities Department with the State of Iowa and served as superintendent of securities until 1965. While at Drake he met Jo Ann Pike, the love of his life whom he married in 1958. He accepted employment as an attorney in the Civic Affairs Department of the New York Stock Exchange. During this time, they had their eldest son Eric in 1965. The family remained in the New York City area until 1968 when Bob was given the opportunity to join a newly formed company, Provident National Assurance Company with headquarters in Des Moines, Iowa.

Upon returning to Iowa, Bob became vice president of Securities Law Compliance and held this position until the company was sold to Provident Life Insurance Company in 1976. By this time, Bob and Jo had added two more children to the mix, Lark and Andrew. Family was most important to Bob.

Every employment opportunity took place with consideration of his family. He was proud of each of his children and always included them in his daily prayers of "let them be healthy, happy and gainfully employed." Bob and family moved to Chattanooga and established a new home in the Deep South. Bob became assistant general service in the law department of the parent company. Bob remained in this position until 1990 when he retired.

Retirement became a wonderful time when Bob and Jo decided to build a home on Watts Bar Lake near Rockwood. In this home, 60 miles from Chattanooga, they enjoyed 15 years of beautiful, quiet, scenic rural life until returning to Chattanooga in 2016.

Survivors include his wife of 60 years, Jo; their three children, Eric (Renee), Lark and Andrew; his two grandchildren, Kaitlyn and Andrew (Jessica); and two great-grandchildren, Lauryn and Landen.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 28^th day of February, 2020, that Robert L. “Bob” Walter’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

John C. Harrison, President

Memorial of

Kyle Richard Weems

As prepared by Jeremy Ames and presented by Honorable Brian M. House

On June 27, 2019, the Chattanooga legal community lost one of its greatest members, Kyle Richard Weems.

Kyle was born on May 30, 1937 in the small town of Baileyton, Tennessee. From there, he went on to obtain both undergraduate and law degrees from the University of Tennessee at Knoxville.

He began his legal career in Chattanooga with the law firm Roberts, Weill & Ellis, where he was selected to be a partner and which ultimately became the firm Weill & Weems. Over the years, he branched out on his own with smaller firms, practicing with several different partners and mentoring many associates. He was a prominent bankruptcy attorney most known for excellence in Chapter 11 business reorganizations. He was a lead attorney in more than 250 Chapter 11 cases in Tennessee, Alabama, and Georgia and, on occasion, in Florida and Texas. Kyle was a member of the 3^rd class of the American College of Bankruptcy, served as a Chapter 7 Trustee in Chattanooga for more than 25 years, and was honored in “Best Attorneys in America” for more than 35 years. Additionally, Kyle served as either a Director or Director Emeritus of the Southeastern Bankruptcy Law Institute for more than 35 years.

Kyle also enlisted as an officer in the U.S. Army as a 1^st Lieutenant in the Judge Advocate General Corps. He completed the basic officer infantry course at Fort Benning, Georgia and the 37^th Special JAG Corps class at Charlottesville, Virginia. He then served as Lieutenant and later as Captain in the Pentagon during the Vietnam War and was awarded the Army Commendation Medal for his service. After leaving the Pentagon, Kyle continued as a reserve officer for 6 years, where he eventually concluded his service as a Major attached to the U.S. Army Garrison. He was a life member and former President of the Chattanooga Chapter of the Military Officers Association of America.

Unknown to many, Kyle's skill at bridge nearly exceeded his skill as an attorney. He accumulated more than 9,000 master points in the American Contract Bridge League (ACBL) and won more than 50 major bridge championships across the United States, Mexico, and Canada. In fact, he was in the top 1 percent of all members of the ACBL in North America.

Kyle dutifully served his clients up until his final days. Even when sick in bed, he still provided others with helpful advice and handled cases for his clients.

On a personal note, the loss of Kyle’s kindness and helpfulness is a great blow. Kyle was frequently willing to help younger attorneys. In fact, Kyle was usually my first call whenever I had a problem, especially those involving bankruptcy and liens. He always took the time to help me reach the right answer, patiently taking me through the proper analysis to help me reach what was the correct (and to him obvious) conclusion.

In sum, Kyle was truly a wonderful, steadfast friend to me and so many others.

He is survived by his son: Richard T. Weems; daughter: Catherine Seiters of Austin, TX; grandson: Samuel Thomas Weems; former wife and mother of his children: Catherine (Cathy) Weems; former wife: Eleanor (Ellie) Weems; sister: Joyce Smith of Greenville, TN; brother: Stanley T. Weems of Baileyton, TN; his administrative assistant: Linda May; numerous nieces, nephews and cousins; and countless friends and well-wishers.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 28^th day of February, 2020, that Kyle Richard Weems’ good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

signed

John C. Harrison, President

Chattanooga Bar Association | The Pioneer Building | Suite 420 | 801 Broad Street | Chattanooga, TN 37402

CBA Telephone: 423-756-3222 | FAX: 423-265-6602