MEMORIAL RESOLUTION 2016

2016 MEMORIAL RESOLUTIONS

Memorial to

Robert M. “Mark” Addison

As prepared and presented by Ryan W. Barry

Robert M. "Mark" Addison left this life unexpectantly on the morning of Friday, January 9, 2015, just a few weeks shy of his 47th birthday.

Mark was born and raised in South Carolina. Both his childhood and his adult life were underscored by his sharp intellect, ever-present wit, and his tendency to pursue just enough mischief to keep every situation interesting.

Mark graduated in 1987 from Mt. Pisgah Academy in Asheville, N.C., after which he went on to complete a Bachelor's of Science in Business from Southern Adventist University. He completed his professional education at Wake Forest University School of Law, where he earned a Juris Doctorate before becoming licensed to practice in North Carolina, South Carolina, Tennessee, and Georgia.

Mark practiced for a number of years as an elder law and estate planning attorney in North Carolina before moving with his family to Tennessee in 2007. After serving for several years as a trust officer with Regions Bank, Mark transitioned back into private practice with the law firm of Chambliss, Bahner, & Stophel, P.C., where I was privileged to train under him and, more importantly, to form a close friendship with him and his family. Mark made his final professional transition in the fall of 2013, when he took on the role of trust officer with SunTrust Bank, largely in order to free up more personal time for his loving wife, Stephanie, and his only child, Gavin.

I could fill several pages with the additional positions, accolades and accomplishments that Mark either earned or deserved during his short time in this life. But, quite frankly, the admiration and love that so many people held for Mark had very little to do with his professional accomplishments. Instead, everyone who truly knew Mark was drawn to him on account of the simple fact that he genuinely loved life, cared about the well-being of others, and would always take the time to help those around him with whatever task they presented.

In pondering how best to describe how rare a gift Mark was to those around him, it occurred to me that perhaps the most effective method would be to note the specific areas of my life that Mark helped me improve. I suspect that, were we to take a poll of those that knew Mark, they would agree that he helped them develop many of these aspects of their lives as well.

Mark taught me to slow down.

It never mattered how busy Mark was, he would always take the time to stop and talk with people, not about business, but about them – about their personal lives. Whether it was clients, people that we would run into at lunch, Annie at the courthouse, or a number of other individuals, Mark always took the time to talk to people. Most people, at best, simply act interested in others. Mark truly was interested in others. He showed me that, no matter how busy you may be, you are never too busy to take a genuine interest in others.

Mark taught me not to fret the small stuff, or the big stuff, for that matter.

Mark had many slogans, central of which was: "It is what it is." It didn't matter if I was talking with him about a minor spelling error on a document or about potential legal malpractice, his response and general demeanor were always: "It is what it is." The first part of Philippians 4:6 says: "Do not be anxious about anything, but in everything by prayer and supplication with thanksgiving let your requests be made known to God." That's the wording of the English Standard translation. The Mark Addison translation reads: "It is what it is."

Mark taught me to appreciate life's little pleasures.

For example, free-cookie day at Steamboat was forever etched into Mark's internal calendar. On a similar note, every time we went on a business trip, he would look for a Double Tree Hotel. At first I just thought he simply enjoyed their lodging. I soon realized it was the free warm cookies handed out at the front desk that really drove his dedication to the brand. There were times when we weren't even staying in a Double Tree and he would still pop into the lobby to grab a warm cookie.

Mark also taught me to take joy in life's big pleasures.

I'll never forget the process that my wife, Lydia, and I went through with the birth of our first child. Lydia had started labor early on a Wednesday morning and of course, I didn't make it to work that day. My absence from work must have tipped Mark off, because about 15 hours into labor, there was a knock on the door in our hospital room. When I answered it, in came Mark and Stephanie, with a huge cake and a balloon. Mark looked over at Lydia, in her hospital gown, leaning over a birthing ball, and simply said: "This is great!" And then proceeded to pull up a chair to visit. As crazy as that sounds, it was great. It was one of the best days of my life, and Mark understood the importance of celebrating it.

Mark (inadvertently) taught me to be more frugal.

There are a million different ways I could illustrate this point. I recently discussed with one of Mark's longtime friends how on trips Mark would always find the free parking lot, even if it meant walking a mile or so to your destination. I also always joked with Mark about his old cell phone that he received as a hand-me-down. Mark would get so mad whenever someone would text him, because on his cheap data plan, each text costs $0.25 whether he was sending it or receiving it. I also remember how much fun it was to text him a message one word at a time, just to see him get agitated. These stories are entertaining, to be certain. But the deeper message is that Mark was not worried about "keeping up with the Joneses." He was not worried about having all the latest and greatest material items that so many of us work so hard for. He was happier with a simpler life.

Mark taught me the value of being an expert in your chosen field.

From a professional standpoint, Mark was a walking encyclopedia. He knew everything there was to know about his area of the law. Everyone, from first year associates to seasoned attorneys with 40+ years of experience sought out his opinion on issues. More often than not, Mark immediately knew what to do. On the rare occasion that he was unsure of the answer offhand, he would quickly figure it out.

Mark taught me to embrace life's challenges.

Often when I was facing a particularly challenging task, I would rant to Mark about how unclear the law was, how uncooperative the clients were, or a number of other perceived issues. I'll never forget during one particular rant, Mark listened and then simply said: "Learn to embrace the hard tasks. Anyone can do the easy tasks. Only the best can tackle the hard tasks."

Mark taught me the true meaning of "I don't live to work, I work to live."

There would be times when we would have important projects that were bearing down on us, threatening to break us under their weight. Nevertheless, at 5:00 pm (or sometimes 4:30), Mark would come in to my office and say: "I have to go home." Not "I need to" … not "I want to" … but "I have to go home." It used to drive me to the edge of insanity. I would be stressing over how we were going to get things done on time, and he would say: "I have to go home." I realize now that this was his way of saying "spending time with my family is what's most important to me." Family is what his life centered around – family is what drove his decisions. He refused to buy into the "I live to work" mantra that so many of us fall victim to.

Finally, and most importantly, Mark taught me what it means to truly be a mentor.

My definition of a mentor involves three parts: (1) First, a mentor is someone who has been where you currently are. (2) Second, a mentor is already where you intend to be in the future. (3) And third, a mentor is willing to take the time to help you get to where you are going.

Plenty of people meet the first two criteria and then go about acting as if they are mentors. There are only a few, rare people who meet the final element. Mark was one of those people. Mark was a true mentor.

When someone seeks out advice from a perceived mentor, it is so much easier to either not respond at all or to simply give the individual an answer and then send him on his way. It is hard and it takes time to stop, explain the answer, and then show the individual how to arrive at the answer.

Every single time that I went to Mark with a question, he stopped what he was doing, spent several minutes shuffling through the piles of books, files, and papers in his office, found the book that he was looking for (for some reason, he had to see it in a book – online was never good enough), and then he took the time to show me not only the answer, but why it was the answer and how I could find it myself.

Of all the great memories that I have of Mark, this is the one that I will remember the most. The fact that he was one of the rarest of all gifts – he was a true mentor, not just to me, but to everyone who came in contact with him.

So in closing I want to remind everyone here that reads this resolution that Mark is still a mentor to every single one of us, and I can prove this point using the definition that I mentioned above.

1) A mentor is someone who has been where you currently are. Mark was here on earth, which is where we still are.

2) A mentor is already where you intend to be in the future. Mark has made it to heaven, which I assume is where all of us intend to be in the future.

3) A mentor is willing to take the time to help you get to where you are going. Mark had a caring, relaxed, and loving approach to life, which I have clumsily tried to describe herein. If we would all take Mark's approach to life to heart – taking our work seriously, placing a priority on our families, and loving and caring for others the way Christ loves all of us – then it will help each of us focus on what's important in life, so that we can join him in heaven when our time comes.

THEREFORE IT BE RESOLVED in a special memorial session on this 4th day of March, 2016, that Robert M. “Mark” Addison’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

The Honorable Christie Mahn Sell, President

Memorial to

John Lee Alley

As prepared and presented by Sam Jones

John Lee Alley, 79, of Chattanooga, died peacefully on April 1, 2015.

He was born at Vanderbilt Hospital in Nashville, on December 4, 1935, to Corrine Lee and Clyde Dunne Alley, Sr. of Springfield, Tn. John graduated from Springfield High School and the University of Tennessee. He paid his way by waiting tables for the football team. Legend has it he also was quite a poker player.

After working in business for several years he entered the University of Tennessee Law School where he earned his law degree in 1966. He and his family them settled in Chattanooga where he worked for Witt, Gaither, Abernathy & Wilson. In 1974, John opened his own law firm in Hixson where he practiced law for 40 years. He was one of the early lawyers to move into the suburbs where he and Mike Raulston established a practice.

John loved the law, and he loved being a practicing attorney. He took great pride in his defense of the Bill of Rights and was instrumental in several prominent constitutional law cases in the city. John was very much a free thinker. He was proudly involved with the ACLU. His first case allowed the musical “Hair” to be performed at the Tivoli. Those of you under 50, it had a nude scene that created quite a bit of controversy. He then represented the parents challenging the Hamilton County School Board’s Bible in the School program and later represented the Students for Gay Awareness at the University of Tennessee at Chattanooga. He was successful on all of those.

John was an avid sports fan and a lifelong supporter of the University of Tennessee.

John had a very dry sense of humor, and was absolutely devoted to his two children, Steve (Kristal) of Mexico City, Mexico and Kristen (David) Richardson of Charlotte, NC. One of his greatest joys in life was spending time with his grandchildren, Macon Alexandra Richardson of Brooklyn, NY, Jacob Evans Richardson of Chapel Hill, NC, and Payton Nicole Alley and Avery Danielle Alley, both of Mexico City. He is also survived by his brothers, Clyde (Peggy) Alley, Jr. of Rio Rancho, NM, James (Mary Boyd) Alley of Lynchburg, VA, his sister Harriett Warren of Nashville, and numerous nephews and nieces. John had a generous spirit and an immense devotion to and love for his family and will be greatly missed by them.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 4th day of March, 2016, that John Lee Alley’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

The Honorable Christie Mahn Sell, President

Memorial to

Alan Arfken

As prepared and presented by Harry B. Ray

Alan Arfken died on June 14, 2015 at the age of 72.

Early in his career he established himself as a brilliant labor lawyer. He worked as a trial attorney for the U.S. Department of Labor in Washington, DC during his first several years out of law school. He later established himself in private practice in Atlanta and Chattanooga as a labor attorney and helped management navigate through strikes, union elections and union contract negotiations.

He devoted many hours of his career training management in all of the do’s and don’ts they needed to know in order to comply with state and federal labor laws. He also produced and narrated several training films that focused upon labor law compliance.

Alan had a great love of technology. He was always on the cutting edge. He founded and chaired the Technology Committee of the Chattanooga Bar Association. He helped establish its first web page. He spent countless hours assisting the Chattanooga Bar Association in a number of projects requiring his expertise in technology. He served on the Board of Governors of the Chattanooga Bar Association.

Alan also gave countless hours of his time to the Chattanooga community. He actively participated in political campaigns.

Alan spent much of his life giving to others. He was generous to a fault. In his closing years, Alan joined the Church of Jesus Christ of Latter-day Saints.

Alan loved, greatly cherished, and often spoke of his family. He was survived by his two sons. He is sorely missed.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 4th day of March, 2016, that Alan Arfken’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

The Honorable Mahn Christie Sell, President

Memorial to

Josiah “Jody” Carr Eggleston Baker

As prepared and presented by N. Mark Kinsman

Josiah "Jody" Carr Eggleston Baker, 85, died peacefully on Tuesday morning, February 10, 2015. Family and friends were by his side.

Jody was predeceased by his parents, Robert Howell Baker and Julia Plummer Eggleston Baker and his loving wife of 57 years, Elizabeth “Betty” Ruble Baker.

Jody was born in Nashville and soon moved to Chattanooga; he graduated from Baylor High School for Boys, a military high school at the time and ranked second in command of the school’s student body senior year. He attended Vanderbilt University for both his engineering undergraduate degree and graduate law degree. He was associate editor of Vanderbilt Law Review and a Phi Delta Theta brother in the bond.

He attended the U.S. Naval Intelligence School and as an officer moved to Washington DC and served 4 years. While in the ONI, Office of Naval Intelligence, he rose to Lieutenant and Lieutenant Commander in the reserves.

He was admitted to the Tennessee Bar in 1955 and he was Deputy Clerk and Master of the Chancery of Davidson County, Tennessee.

He came back to Chattanooga in 1958 to raise his family. He became a partner at Goins, Gammons, Baker and Robinson PC. In 1984, he started Josiah Baker and Associates. Ultimately, the firm grew to become Baker, Kinsman, Hollis & Clelland, P.C., a full service law firm. He was an active member and board member in many organizations including being past president of The Chattanooga Bar Association, 33 degree Mason of the Masonic Lodge of Chattanooga, Chattanooga Bicycle Club, The Tennessee Bar Association, Tennessee Defense Lawyers Association and Defense Research Institute.

Jody represented the Chattanooga / Hamilton County Air Pollution Board from 1970 when it was established to clean the air in Chattanooga to current year (2015). He served on the committee that drafted the local legislation creating the Board and the original enforcement legislation. He served as the organization's chairman of the board of directors of the Carter Street Corporation (developer of Chattanooga Convention Center).

He was an active member and teacher of his Sunday school class called Baker- Newman- Murdoch at First Centenary United Methodist Church.

He had a love for acrylic painting and took many classes at Chattanooga State.

He was an avid Sherlock Holmes Society Member and started a local club with over 80 members called Friends of The Solider Named Murray an Official Scion of the Baker Street Irregulars.

He is survived his three children, Wade Baker, Edward “Ned” Baker and Julia Baker Dooley. He has four grandchildren, McLain and Shelby Dooley and Elizabeth and Stephanie Baker.

I came to know Jody in the early 1980’s when we were each representing co-defendants in an insurance coverage case in Marion County. I liked Jody right away and appreciated the advice he freely gave to a young lawyer who did not quite know what he was doing. A couple of years later, in 1984, I heard from Bill Colvin that Jody was starting a new law firm and was looking for an experienced young lawyer to join him as an associate. I contacted him and ultimately joined the new firm of Josiah Baker and Associates, P.C. Our receptionist was the wonderful Betty Baker. A year later Jody and I became partners and we renamed the firm Baker & Kinsman, P.C. In the years that followed I was always impressed by Jody’s intelligence, deep knowledge of the law, thoroughness, attention to detail, work ethic, generosity, and his desire to provide quality legal services to our clients. Jody was a great mentor and friend. Jody was a perfectionist who could be demanding, but that trait challenged all of us to give our best and be better lawyers Ultimately, Jody had a kind and gentle heart and was my friend. I will miss him.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 4th day of March, 2016, that Josiah “Jody” Carr Eggleston Baker’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

The Honorable Christie Mahn Sell, President

Memorial to

Gary Kendrick Bond

As prepared and presented by Glenn P. Felton

Gary Kendrick Bond died April 27, 2015 at the age of 59. He was born in Chattanooga, Tennessee to the late Thomas and Wilma Bond. Gary was a graduate of the McCallie School and received a degree in history and a Masters of Business from Furman University. He received his Doctor of Jurisprudence from the University of Tennessee School of Law at Knoxville.

Gary spent most of his career with the Provident, now Unum as both a tax and employee benefits attorney. In later years he performed similar duties for Blue Cross of Chattanooga, Tennessee.

Gary loved his family above all else. He was a great father, grandfather, son, husband and brother. He was kind, gentle, caring, thoughtful and devoted. Gary worked with me for 30 years and I never heard him speak an unkind word about anyone. If any co-worker or family member of a co-worker suffered a death, injury, illness or other misfortune, Gary was the first person to console and offer support. I cannot recall how many platters of food Gary provided to scores of employees at Provident or how many visits he made to homes and churches. Gary was the most humble and selfless person I ever met.

Gary was a member of the Executive Board of the Civitan Club. He was a deacon and faithful member of the First Baptist Church where he volunteered for the homeless ministry.

More than anything else he would look forward to going to the Tennessee Vols

football games. Every Monday morning after a game, I would get a report from him on how the Vols did. No matter how poorly they performed nor how bad the traffic was, Gary never complained and only saw the bright side. If you wanted to be happy and share in the better side of life, all you had to do was strike up a conversation with Gary.

Gary was preceded in death by his parents, and sister Trisha Richardson. Gary is survived by his loving family, wife, Janice Bond, sons Jeremy Bond and Samuel Bond, and grandsons, James and Jackson.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 4th day of March, 2016, that Gary Kendrick Bond’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

The Honorable Christie Mahn Sell, President

Memorial to

J. W. “Bill” Dietzen

As prepared and presented by Fielding H. Atchley, Jr.

I had the distinct honor and pleasure to practice law with J.W. “Bill” Dietzen for 31 years. He was the consummate lawyer, the lawyer’s lawyer, the true gentleman. Through his nearly 60 years of practice of law, he was involved at some point with nearly every area of law and could give you direction and guidance in whatever area you ask. I spent a lot of my 31 years with Bill going into his office and asking “dumb questions”, but it was always good to at least know that I was generally headed in the right direction. Bill was a tremendous mentor to my son Trevor when Trevor joined our practice in 2008, as I am sure he had been to many other young lawyers through the years, and Trevor and Bill formed a very special relationship.

But as good a lawyer as Bill Dietzen was, he was a better man. He was unbelievably generous with everyone he knew, usually to a fault. I frequently was the beneficiary of that generosity. Everyone depended on Bill - various family members, friends and associates, clients, church and civic members and groups, employees, even law partners. After Bill died I spent more time handing off family and civic matters which Bill was handling than Trevor and I did winding up legal cases. I was amazed. I had no idea that Bill was handling that much. Such was the character of Bill Dietzen.

Bill was born in Chattanooga, the son of Judge and Mrs. Walter N. Dietzen (Bess). He graduated from Missionary Ridge Grammar School, McCallie School and received both his B.A. and J.D. degrees from Vanderbilt University where he was president of the SAE social fraternity, a member of the Omicron Delta Kappa fraternity, regimental commander of the Army ROTC unit, and Order of the Coif in law school. He served as an officer in the U.S. Army Counter Intelligence Corps, which included a tour in Germany. It was during law school that Bill met the love of his life, the former Wilma Ritchie. They first met when Bill was visiting the jail where Wilma’s father was the Sheriff.

After graduating from Vanderbilt, Bill was admitted to practice law in 1955, and except for the 2-year hiatus while serving the U.S. Army, practiced law continuously from that time until his death on March 17, 2015, primarily with his father, W.N. (Buck) Dietzen, and his brother, Richard. Through the years he was associated in practice with seven different lawyers who became judges, two of them Chief Justices of the Tennessee Supreme Court. They were the former Hamilton County Chancellor and Chief Justice Ray L. Brock, Jr.; Forrest Hudson, City Court Judge; Jesse Parks, City and General Session Judge; his father, W.N. (Buck) Dietzen, General Sessions Judge; former Hamilton County Circuit Judge and Chief Justice Mickey Barker; Tom Wright of the Circuit Court of Greeneville, Tennessee, and lastly Hamilton County Chancellor Frank Brown.

True to his generous nature and the generation in which he was born, Bill’s life was marked throughout by service to others. He served on numerous committees of the Chattanooga Bar Association and was a member of the Board. He was the former President of Tennessee Bar Association Young Lawyers Conference and served as Chairman of the General Practice Section of that Association during the time that Section sponsored the first annual survey of Tennessee law.

Bill was a founding member of the Chattanooga Legal Aid Society which led to the formation of the Southeast Tennessee Legal Services. He was past president of Chattanooga Christian Legal Society and served on the Tennessee Medical Malpractice Review Board. He was a founding member of the Ray L. Brock, Jr., and Robert E. Cooper Inn of Court, which he served as Vice Chairman. He was a Fellow of the Chattanooga Bar Association. He served on the Hamilton County Library Commission for 21 years and was a Ruling Elder at First Presbyterian Church for many years. He was elected to a term as Commissioner of the City of Ridgeside, TN.

Bill was a long time member of the Chattanooga Civitan Club, which he served as president and was Chairman of the Chattanooga Civitan Club’s Children Welfare Auxiliary which undertakes to assist the physical, mental and emotional health of children with special needs not provided for by governmental and private resources. I believe that this work in helping provide assistance to special needs children and their families brought Bill the most pleasure. The Civitan Club honored him in 2011 with its prestigious T.C. Thompson Award for civic and club service.

Now, I don’t want you to think that Bill Dietzen was perfect. True to his German heritage he could tend to be a little “stubborn” from time from time. One year he had been out with various illnesses and I ended up preparing our partnership tax return. The next year he spent most of his time calling me into his office, pointing out all of the things that I had done wrong the year before, which apparently was a fairly comprehensive list. I just said “yes sir”, though I must admit, I did it the way I wanted the next year.

All this said, I believe that Bill would tell you that his greatest success and joy in life was the almost 60 years of marriage he shared with Wilma and the raising of their two children, Captain J. W. Dietzen, Jr. of Jacksonville, Florida and Beth Dietzen of Chattanooga. Bill and Wilma were also blessed with three grandchildren, Laura Dietzen, Jamie Greever and Megan Greever.

So I join you today in remembering and celebrating the life and example of Bill Dietzen. We are the most fortunate beneficiaries of this example, and this heritage.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 4th day of March, 2016, that J.W. “Bill” Dietzen’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

The Honorable Christie Sell, President

Memorial to

James Walter “Jim” Gentry, Jr.

As prepared and presented by Dean Clements

James Walter “Jim” Gentry, Jr. died at his home Tuesday, February 10, 2015. He was born on July 28, 1928, in McMinnville, Tennessee, to James Walter and Dorothy Dews Gentry. They later moved to Chattanooga where Jim attended Baylor School, after which he earned his bachelor’s degree from the University of the South. He began law school at the University of North Carolina but later withdrew to join the Marine Corps. He was deployed to Korea where he was wounded in 1952. Once released from the Naval Hospital in Millington, Tennessee, he attended Vanderbilt Law School where he received his law degree in 1956. While at Vanderbilt, Jim met Margaret “Peggy” Anderson of Memphis, Tennessee, whom he married in 1955. Jim and Peggy moved to Chattanooga where he joined the firm of Spears, Moore, Rebman & Williams, later moving to Witt, Gaither, Abernathy and Wilson. In 1974, Jim formed Gentry and Boehm. The firm specialized in the practice of environmental law and, over the years, successfully represented many local, national and international businesses. The first edition of “The Best Lawyers in America” listed Jim as an expert in environmental and natural resources law, and he continued to be ranked each year throughout the course of his career. Gentry and Boehm was dissolved in 1991, at which time Jim rejoined Spears, Moore, Rebman & Williams, where he remained until his retirement. Jim was a member of the Chattanooga Bar, Tennessee Bar and American Bar Associations. He was also admitted to practice before the United States District Court of Tennessee, Arkansas and the District of Columbia, as well as the Sixth and Eighth Circuit Courts of Appeal and the United States Supreme Court. Jim loved his family and friends, the United States Marine Corps., bone fishing and playing golf. He also shared a special love for his alma mater, Sewanee, where he and Peggy established a scholarship fund (the James W. and Margaret A. Gentry scholarship at the University of the South). Jim was preceded in death by his parents. He is survived by his wife Margaret “Peggy” Anderson Gentry, as well as his children, James Walter Gentry, III; Leland Gentry (Steve) Arnsdorff; Robert Anderson Gentry; Benjamin Clayton (Jennie) Gentry; his grandchildren Will Gentry and Lili Arnsdorff; his sister, Medora (Larry) Willmore; and several nieces and nephews.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 4th day of March, 2016, that James Walter “Jim” Gentry, 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

The Honorable Christie Mahn Sell, President

Memorial to

Bruce Henderson Guthrie II

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

I am honored to pay tribute to my friend, Bruce Henderson Guthrie II, who departed this life on November 20, 2015, at 55 years of age - a time too soon.

Bruce was born and raised in the Brainerd community of Chattanooga, Tennessee. He began his education at Sunnyside Elementary School and was graduated from The McCallie School in 1978. Admired and respected by his peers, he served as Student Body President his senior year at McCallie.

His undergraduate education began at Motlow State Community College and concluded at Memphis State University where Bruce received a degree in Political Science. He got to put his political science education to good use by working on the staffs of State Representative John Ford and United States Senator Al Gore.

But Bruce was destined to follow his father in the practice of law and he obtained his law degree at Cumberland School of Law at Samford University in Birmingham, Alabama. Returning to Chattanooga, Bruce practiced law until his death, first with his father, Billy Bruce Guthrie, in association with the late Paul Sorrick, and later as the principal of the family law firm.

I first met Bruce shortly after he was admitted to the bar. I was impressed with both his enthusiasm and with his legal insights. He once called me to “pick my brain” about a thorny collection issue. While answering his question, I pointed out some issues of which he needed to be aware in the collection process. To my surprise, Bruce exclaimed “I don’t need to be doing this - could I just send this client to you?” Of course I was grateful for the referral and thus began a friendship that continued and grew through the years. In time, though we never formally practiced law together, Bruce would accompany and help me as I traveled to make appearances in courts all over East and Middle Tennessee. As we traveled, we became closer than brothers, discussing the law, philosophy, religion and our own failures and victories. As lawyers, we enjoyed sharing and reliving our courtroom triumphs, regretting our defeats and laughing at the wide variety of problems that got people involved in the legal process.

Bruce was a man of great love and passion. He loved the law, and he was grateful that the law gave him an opportunity to “help the little man.” His love and care for the less fortunate inspired him to take cases that other attorneys would not consider.

Bruce loved America and its system of government. Election days invariably found him working at some polling place.

Bruce loved his family - the mother who predeceased him, his father with whom he practiced law, his second mother, Ms. Dee, his sisters, Debbie and GiGi, his son, “Little Will,” his daughter, Shelby, his wife, Leslie and his step-brother, Ray-Ray.

Bruce loved his clients, often visiting those incarcerated long after his legal representation was over.

Bruce loved helping those in need. Sometimes he helped with his legal skills, but often he just rolled up his sleeves and did whatever needed to be done. He was a member of Alhambra Shrine Temple and enthusiastically participated in Shrine activities - not just for the fun and fellowship he enjoyed with his fellow Shriners, but for the good works of service that organization did.

Bruce loved and was intensely loyal to his friends. One friend was especially close to his heart throughout his life - Jack Berry. Jack stuck with Bruce through the best of times and in the worst of times. Jack was a friend indeed and in deed.

Bruce’s greatest love was Jesus. Every time we got in the car, Bruce would remind me one of us needed to pray for our safe travel and that we would be a blessing to the people with whom we dealt at court. We never traveled without talking about spiritual matters, and inevitably we marveled at how God could possibly love lawyers - especially lawyers like Bruce Guthrie and Art Grisham. A one-time, deacon at Lookout Mountain Presbyterian Church, after moving to the East Brainerd area, Bruce regularly attended Shelter Church where he was active in various roles and formed many friends.

Bruce H. Guthrie, II, will be remembered with fondness and with gratitude for his time with us.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 4th day of March, 2016, that Bruce H. Guthrie II’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

The Honorable Christie Sell, President

Memorial to

James Caldwell Lee

As prepared and presented by Paul Campbell III

We’ve all heard the phrase “lawyer’s lawyer,” and that’s what Jimmy Lee was. He once told me that when he started practicing law – now some 65 years ago – he thought the only way to make a living was to have a stream of hurt people or represent a bank or an insurance company. He had none of the above. But what he also told me was that he learned he could make a good living doing work for other lawyers. The secrets were (1) to do it well and (2) make sure you return the client.

James Caldwell Lee was born on April 22, 1925, in Chattanooga, the son of James C. (Squire) Lee and his wife Rowena, who, for the purposes of legal history is the more important part of the story as she was the daughter of James Burnet Sizer, one of the original members of the Chattanooga Bar Association in 1897, and an early and significant part of the development of the Chambliss firm. In addition to being Jim Lee’s grandfather, J. B. Sizer was the father-in-law of Albert Taber, considered Chattanooga’s first tax lawyer, and the founder of the firm that later became Stophel Caldwell, now Baker Donelson. So Jim was not completely unknown when he appeared on the scene.

Jim studied at various places – from the University of Chattanooga to the University of Rhode Island – before and after service in the Pacific during World War II. A member of the U. S. Army Combat Engineers, he was among the first troops to occupy Japan. He completed his studies, courtesy of the G.I. Bill, at Washington & Lee where he obtained his law degree. While there, he was on the board of editors of the law review. The time in Virginia also produced the longest and most productive of his numerous partnerships and affiliations – this being his marriage to Susannah Crist, who had been a student at Sweetbriar. Like his mother Susannah brought with her notable blood lines, one of her forebears having come here on the Mayflower.

When Jim left law school, he worked briefly in Florida – where he did mortgage foreclosures for a short time – before returning to Chattanooga in March 1952. Here he worked first with John Cameron, then the Noone Firm, then Campbell & Campbell. He then formed a partnership with Gene Collins, which lasted until Gene became the City Attorney. Various other relations followed including one with John Fort that lasted many years. In 1985, he called me and asked if we had space for him, explaining he was too old to worry about who answered the phone when the secretary went to lunch. We said “sure,” and he returned in an “of counsel” position which lasted the final 20 years of his practice.

As noted, Jim developed a couple of specialties; the first was helping lawyers that were tangled up in complicated, or otherwise “dead-end” cases. The second had to do with the law of lawyering, though he wouldn’t have recognized the term. If you run a computer search on Jimmy, you won’t find an overwhelming list of reported cases, but you will find cases reflective of true diversity of practice and distinct ingenuity in its presentation. For example, Jim once sued the water company for damages his client sustained in a kitchen fire which, the client alleged, was not extinguished due to faulty water pressure. For such an action, there was clearly no precedent, and both the trial court and the court of appeals gave the matter short shrift. But the Tennessee Supreme Court listened.

A now forgotten step on the journey toward gender equality, came from a case Jim filed for a wife, seeking to recover for the payment of her husband’s medical bills; both the trial court and court of appeals again tossed it out under old common law theories of what we might call a “woman’s place”; the Tennessee Supreme Court discarded precedents that probably had 100 or more years of moss on them, and the case shows up in numerous citations, including Florida, South Carolina, Louisiana, Michigan and Stanford’s law reviews and Stein’s treatise on damages.

Jim has one reported case representing a fellow lawyer who had run afoul of the disciplinary system. A much more celebrated case – resolved in the trial court – had a rather extended trial in the late 1970s, with Jim’s obtaining a very favorable result for the lawyer charged.

Although Harry Burnett gets the ultimate victory, Jim defended a major age discrimination case – perhaps the first from Tennessee to get to the Sixth Circuit. The case has been cited in more than 140 subsequent cases and in excess of 600 times overall. If you read the dissent, you can get a flavor of a case well fought.

As significant as any of his cases was one on behalf of another fellow lawyer faced with a restrictive employment agreement. This Chattanooga case turned out to be something of a blockbuster, getting coverage in the Wall Street Journal at the time and the source of over citations 200 times, almost 50 of which are in cases – not only Tennessee but also coming from Virginia, Connecticut, Massachusetts, California, Alabama, New Jersey, Indiana, Nebraska and Iowa – but also in more than 60 secondary sources including ALR, the Restatement, Tennessee Practice, Am Jur2d and Williston on Contracts.

There are numerous domestic cases which run the gamut of divorce and alimony fights, custody disputes, legitimation questions, etc. No record exists of the numerous marriages Jim probably saved by counseling spouses as to a more objective view of their situation or those resolved without the necessity of trial.

Then there were cases for minority shareholders against the corporation, cases involving lost deeds; defense of DUI, workers compensation matters and an outrageous conduct claim against a veterinarian. Another case summarily dismissed by the trial court and affirmed by the court of appeals before Jim got relief in the Tennessee Supreme Court. On top of those is a Federal Tort Claim Act case and the defense of an action brought by the FDIC. A rich variety from any perspective.

At some point, he voluntarily surrendered his law license, not wanting to be one of those who hung on too long. But unable to resist the pull, he worked a bit longer, calling himself a paralegal.

Though he didn’t advertise it, Jim was also a land developer, latching on to some beautiful property that sits slightly below Covenant College on the western brow of Lookout Mountain. He was able to finance the purchase by lining up a number of sub-purchasers, so that he was a sub-divider before his time.

He also had a business model reflective of inordinate discipline. Within just a few years of practicing law – even at less than princely wages – he saved enough money to live on last year’s income each subsequent year.

Significant – and unheralded, and almost certainly uncompensated – was the role he played in cleaning up the local bar. If you look on Westlaw or Lexis for cases in which the Chattanooga Bar Association was a party, you quickly discover there were problems here in the 1950s. What is comforting is that the organized bar went to work, trying to clean up. And Jim was part of it.

For a long time, Chattanooga had the somewhat dubious distinction of having produced the only Tennessee jurist both impeached and disbarred. Like Paul Harvey, Jerry Summers is at work on “the rest of the story,” but Jimmy saw some action in the courtroom in this drama. It fell his lot to cross-examine a particularly ornery character witness called by the judge. After extolling the judge’s reputation in the legal community at some length, the witness found his credentials under examination. It ought to be in a movie, or at least a book on trial technique. Not surprisingly the witness responded in the negative to the question of how many cases he had been involved with in the United States Supreme Court. But the “none” got remarkably less defiant as Jimmy methodically worked through every possible court – state, federal or municipal – where a local lawyer might be seen.

When Jimmy rested, and the court told the witness he could step down, he was heard to snarl in a true stage whisper, “Million dollar voice but a ten cent brain.” Jim was often referred to as “Boomer” – no one had to elaborate on his wonderful baritone voice – but we regularly reminded him about the 10¢ brain. He loved it.

Jimmy’s service to the bar led to both his being President of the Chattanooga Bar and to his appointment to the Tennessee Supreme Court’s Committee on Rule 42 at the time the Court mandated registration of lawyers and their support of a state-wide disciplinary enforcement system.

There are more good stories about Jim than I have time to tell, but I’ll give two quick ones that help with the flavor. Like many veteran lawyers, Jim could complain about certain changes, and there were three technological changes that were his everlasting whipping boys. Probably in reverse chronological order were computerized time and billing programs, because as he often lamented, no client seemed willing to pay for the most important function a lawyer could perform – simply thinking about the case.

Then there was the memory typewriter – now replaced by computers – but either way machines spat out volumes of paper which were often only vaguely related to what was going on, but which invariably made all cases unnecessarily more expensive.

Last – or actually first – on his list was the in-firm coffee pot. The beginning of the silo; the end of the communal visit in the coffee shop which each office building then offered.

The final story. Well into his career, Jim took in a young lawyer looking for a place to land. He didn’t require an equity contribution or buy-in, he didn’t mandate service of so many years as an associate. All he required by way of repayment was that the young lawyer do that for another young lawyer some day. The relationship didn’t work out the way that Jim wanted, but the spirit behind it never waned.

Jimmy Lee died on July 19, 2015. If you knew him, you know I can’t do him justice; if you didn’t know Jimmy Lee, you’ve missed one of the really good things about our local bar.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 4th day of March, 2016, that James Caldwell Lee’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

The Honorable Christie Sell, President

Memorial to

Patrick William St.Charles, Jr.

As prepared and presented by Michael N. St.Charles

Patrick William St.Charles, Jr., was the only child of the late Pat St.Charles, Sr., and Lucille Matlock St.Charles and came into this world on July 24, 1929.

He grew up in the White Oak area of Red Bank. It was on Peace Street that a young beauty, Jean Cooley, caught his eye. She would in due time become his lifelong companion, partner and wife. They enjoyed innumerable activities together, including hunting, fishing, boating and sports. They constituted one of the most formidable mixed doubles badminton teams in the Southeast region.

After graduating from Notre Dame High School, Pat entered the University of Chattanooga and earned a business degree. Immediately after graduation, he enlisted in the United States Army where he rose to the rank of Lieutenant. Rumor has it that his rapid rise in rank may have been attributed to his commanding officer discovering that Pat possessed a talented hunting dog. The commander made sure the dog accompanied Pat to Fort Benning, Georgia, and on many hunting trips with the commander.

After his discharge from the Army, he joined his father in the family business of appraising, property management, insurance and anything else that put food on the table.

On August 23, 1952, Pat and Jean Cooley were married. Not long after, they started a family. The law had always interested him and, balancing his business and family responsibilities, he decided to enroll at the McKenzie School of Law. His hunting buddies tell stories of Pat having his law books in the duck blind studying in between flights of ducks. After passing the bar, Pat occasionally handled court appointed cases but did not actively practice law. However, he often used the Socratic Method and investigative skills on his children. Pat never lost his keen appreciation of and respect for the Rule of Law and the positive impact of the profession.

Pat used his legal training in his businesses. He expanded the family business into manufacturing and finance as well as real estate and insurance. He was a principal owner of Pat St.Charles Co., Southern Realty Co., Chattanooga Wilbert Vault, and Citizens Savings & Loan.

Pat did not necessarily seek leadership positions but was a leader serving as president of various organizations, including the Chattanooga Board of Realtors, Signal Mountain Lions Club, Society of Real Estate Appraisers and Signal Mountain Sportsman Association. He valued his membership in the Chattanooga Bar Association and maintained it for years after he retired.

Pat made a concerted effort to put into practice the principle of doing right even when it is not popular or when no one will notice. On more than one occasion, a business associate noted a time when Pat stood up for them in a difficult time.

Pat valued Church, Family and Friends and his life exemplified these values. He died on September 29, 2016. He is survived by his wife of 63 years, five children, sixteen grandchildren, three great grandchildren and countless friends and admirers.

Borrowing from the lyrics of Dan Fogleberg's Leader of the Band, and taking personal privilege as the presenter of this Memorial Resolution, my father had a gentle way of sculpting souls that took me years to understand; he gave to me a gift I know I never can repay; my life has been a poor attempt to imitate the man; I'm just a living legacy to the leader of the band.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 4th day of March, 2016, that Patrick William St.Charles, 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

The Honorable Christie Sell, President

Memorial to

Donald E. Warner, Sr.

As prepared and presented by Thomas A. Williams

Donald E. Warner, Sr. was born in 1933 and reared in Illinois.

After graduating from high school in Illinois, he joined the U.S. Army and was stationed in the South Pacific and sustained a facial injury while serving in Luzon, Philippines resulting in a permanent injury to his head which he often described to his law partners. The circumstances of the attack are in question!

He earned his Bachelor's Degree from Southern Illinois University in 1959. Don attended the Vanderbilt University Law School and earned his law degree in 1962. Upon graduation, he practiced law in Chattanooga, where he was associated with Folts, Bishop, Thomas, Leitner & Mann and later became a partner in this firm in 1967. The firm name was changed in 1973 to Thomas, Leitner, Mann, Warner & Owens after Judge Theodore Milburn left the firm to become a Circuit Judge.

Don served his profession as a member of various committees of the Chattanooga Bar Association. He served as an active member of the Tennessee Defense Lawyers Association.

In private law practice, he was the consummate trial lawyer. He took great delight in skillful argument and advocacy. His native curiosity seemed never to be satisfied. Don had great ability to analyze apparently complex issues and reduce them to their essence so that they could be effectively communicated. His demeanor in the courtroom was always as a gentleman, and his noble voice still reverberates in the Hamilton County Courthouse. Don Warner never turned down a fellow attorney who sought advice on a legal issue. He loved questions of trial practice and strategy and many members of the profession sought his advice on evaluation of cases.

Don loved to play golf and especially enjoyed the annual trip with the Chattanooga Claims association. The stories of those trips include many shenanigans pulled by Don who had a good sense of humor to compensate for his skills at golf.

He was an active member of the Chattanooga Lions Club for many years and very involved in their efforts to provide eyeglasses for those in need.

Privately, Don was a loving father, husband, son and sibling. He sought fulfillment in his work on the family garden and took great pride in his annual harvest of

Big Boy tomatoes. He was an avid all-around member of the Grace Episcopal Church.

Don had many friends and he is noted to have said that “to have a friend you have to be a friend."

Don passed away on May 15, 2015. He was preceded in death by his wife, Yvonne Smith Warner; sons, Donald Warner, Jr. and Derek Warner; and sister, Barbara Johnson. Survivors include his son, Dan (Melissa) Warner; grandchildren, Grace, Seth and Jack; siblings, Wilburn and Kenny Warner, Vivian Woods and Maggie Lewis; and several nieces and nephews.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 4th day of March, 2016, that Donald E. Warner, Sr.’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

The Honorable Christie Mahn Sell, President

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

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