I was raised to believe if you see injustice in front of you, you must speak up and do something about it. If you don’t, you are complicit. Everybody deserves a voice. I became an attorney so that I could use my voice to fight for the rights of others.
Tricia Herzfeld is a partner at Branstetter, Stranch & Jennings, PLLC (BS&J). She has extensive experience in handling complex litigation, along with numerous, high-profile civil rights cases in state and federal courts in the areas of sexual assault, harassment and discrimination, free speech, freedom of religion, equal protection, immigrants’ rights and racial profiling.
She also serves on the Davidson County Election Commission.
Prior to joining BS&J in 2016, Ms. Herzfeld’s previous experience included serving as the legal director of the American Civil Liberties Union of Tennessee and as senior counsel at Ozment Law. She also served as a public defender in Miami, where she conducted more than 80 criminal trials.
A 2001 graduate of George Washington University Law School, Ms. Herzfeld is licensed to practice law in Tennessee, Florida and West Virginia. She is a graduate of the 2010 Tennessee Bar Association Leadership Law program, Ms. Herzfeld is a frequent lecturer on a variety of civil rights and civil liberties issues, including election law and systemic voter disenfranchisement. In 2012, she was selected as one of the nation’s Super Lawyers and was a rising Rising Star from 2013 through 2016. She was named a Tennessee Supreme Court Attorney for Justice in 2018 and 2019. She is on the advisory board of the Tennessee Language Center, an agency of the University of Tennessee’s Institute for Public Service. She also volunteers with Conexión Américas and Oasis Center.
Areas of Practice
- Civil rights
- Complex litigation
- Sexual Assault and Sexual Harassment
- The George Washington University Law School, J.D., 2001
- The George Washington University, B.A., Communications, 1997
- Tennessee, 2007
- Florida, 2001
- West Virginia, 2005
- U.S. District Court Middle District of Tennessee, 2009
- U.S. District Court Eastern District of Tennessee, 2008
- U.S. District Court Western District of Tennessee, 2010
- U.S. District Court Southern District of West Virginia, 2005
- U.S. District Court Northern District of Florida, 2019
- U.S. Court of Appeals 6th Circuit, 2007
- U.S. Court of Appeals 5th Circuit, 2013
- Ms. Herzfeld routinely represents survivors of sexual abuse and those whose civil rights have been violated by the government and law enforcement. Ms. Herzfeld is an aggressive and relentless advocate of her clients and disenfranchised communities. Her rigorous efforts have led to multi-million dollar settlements for survivors of sexual assault and civil rights violations.
- Staubus v. Purdue Pharma, et al., No. C-41916, 2017 WL 4767688 (M. D. Tenn. 2017)
- Dunaway v. Purdue Pharma, et al., 391 F. Supp. 3d 802 (M. D. Tenn 2019)
- Effler v. Purdue Pharma, et al., No. E2018-01994-COA-R3-CV, 2019 WL 4303050 (Tenn. Ct. App. 2019)
- Arnold v. Cornerstone Church of Nashville, Inc., et al., No. 16C1131 (Davidson Co. Circuit Court 2019)
- Abriq v. Hall, et al., 295 F. Supp. 3d 874 (M. D. Tenn. 2018)
- Driver v. Fabish, 2017 WL 413719 (M.D. Tenn. 2017)
- Akridge v. Finnegan, 2016 WL 749391 (M.D. Tenn. 2016)
- Doe v. Corr. Corp. of Am., No. 3:15-cv-68 (M.D. Tenn. 2015)
- Nuñez-Escobar v. Gaines, 2014 WL 4384389 (M.D. Tenn. 2014)
- Rodriguez v. State, 437 S.W.3d 450 (Tenn. 2014) (for amicus curiae)
- Villegas v. U.S. Citizenship and Immigration Servs., No. 2:13-cv-2922 (W.D. Tenn. 2013)
- Occupy Nashville v. Haslam, 949 F. Supp. 2d 777 (M.D. Tenn. 2013)
- The Contributor, et al. v. City of Brentwood, 2012 WL 5331261 (M. D. Tenn. 2012)
- ACLU-TN v. Sumner County Bd. Of Educ., 2011 WL 1675008 (M.D. Tenn. 2011)
- Wohlfeil v. City of East Ridge, No. 1:10-cv-275 (E.D. Tenn. 2010)
- Read v. Lifeweaver, LLC, 2010 WL 1798704 (E.D. Tenn. 2010)
- Johnson v. Bredesen, et al., 624 F. 3d 742 (6th Cir. 2010)
- Doe v. Wilson Cnty. Sch. Sys., 564 F. Supp. 2d 766 (M.D. Tenn. 2008)
- Wahi v. Charleston Area Medical Ctr., 453 F. Supp. 2d 942 (S.D.W. Va. 2006)
Professional Honors and Activities
- Attorney for Justice, Tennessee Supreme Court, 2018 – 2019
- Super Lawyers, 2012
- Super Lawyers Rising Stars, 2013 – 2016
- 2018 Amiga We Love award, Conexión Américas
- 2019 Local Rules Committee, United States District Court for the Middle District of Tennessee.
- Harry Phillips American Inn of Court, Barrister 2013 – 2017
- Tennessee Bar Association, Continuing Legal Education Committee, Member
- Tennessee Bar Association Leadership Law alumna, 2010
- United Auto Workers, Local 163, 1994-1996
- The American Association for Justice
- Tennessee Lawyers’ Association for Women
- Tennessee Bar Association
- Nashville Bar Association
- Nashville Bar Foundation
- Tennessee Language Institute Board Member
- Davidson County Election Commissioner since 2013
- Workers’ Dignity/Dignidad Obrera, Legal Advisory Board (former)
- ACLU of Tennessee Cooperating Attorney
- Commissioner, Davidson County Election Commission, 2013 – present
- Volunteer with Oasis Center
- Volunteer with Conexión Américas
Presentations, Seminars and Published Works
- Analyzing the Immigration Process and How Criminal Law Fits In, 9 Tenn. J.L. & Pol’y 135, Summer 2013, 2013
- A Prescription for Justice: Legal Responses to the Opioid Crisis at Federal and Local Levels, Presenter. Jan. 21, 2020.
- New Local Rules, AO-174-1 and other Case Management Issues, Moderator. Advanced Federal Court Practice Institute. Nov. 28, 2018.
- Election Law: Local, State, and Federal. Panelist. Oct. 24, 2018.
- Federal Practice Seminar, Speaker. July 19, 2018.
- The Strategy and Settlement of the In re: National Football League Players Concussion Injury Litigation, Presenter. May 16, 2017.
- What Immigration Attorneys Are Telling their Terrified Clients, Presenter. Mar. 3, 2017.