Actions from the Board of Professional Responsibility

Disbarred
On July 23, the Supreme Court of Tennessee entered an order disbarring Memphis attorney Robert C. Rosenbush and ordering him to (1) make immediate and full restitution to four former clients, (2) turn over any client files within five days and (3) pay for the costs of the disciplinary proceeding. Over the course of 15 months beginning in March 2002, the Board of Professional Responsibility filed four petitions for discipline against Rosenbush, who failed to answer any of them. Pursuant to the board’s motions for default, a hearing panel entered a June 14 order that Rosenbush be disbarred. The Supreme Court accepted the hearing panel’s recommendations in total and also entered the orders of restitution as judgments against Rosenbush.

Suspended
Memphis lawyer John H. Parker was suspended from the practice of law by the Tennessee Supreme Court order, filed July 29. The court suspended him based on a petition filed by the Board of Professional Responsibility alleging that he has misappropriated and converted client escrow funds from his prior law firm to his own use and that he poses a substantial threat of irreparable harm to the public.

This suspension was issued pursuant to Section 4.3 of Tennessee Supreme Court Rule 9. He may make application for dissolution or modification of the order as provided in Rule 9. He was precluded from accepting any new clients after July 29, and also precluded from representing existing clients after Aug. 28. The court order also required Parker to deposit all attorney fees, trustee fees and client and estate funds that are tendered to him during the suspension period to a general escrow account. He is enjoined from withdrawing from the account unless approved in writing by disciplinary counsel.

This suspension will remain in effect until it is dissolved or amended by order of the Supreme Court.
Censured
On July 20, Richard D. Cartwright of Covington received a public censure from the Board of Professional Responsibility for failure to comply with three previous orders from the Court of Criminal Appeals. The orders directed Cartwright to conform to the rules of appellate practice in regard to an on-going case. In April, the court found that Cartwright had flagrantly disregarded the orders, held him in criminal contempt of court, sentenced him to 10 days in jail and imposed a $50 fine. However, the court allowed for suspension of nine days of jail time if Cartwright conformed to the court’s rules.
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The Board of Professional Responsibility publicly censured Nashville lawyer Helen Loftin Cornell on July 12 for using a power of attorney to transfer her mother’s home to herself without the knowledge of her mother. The action resulted in litigation by her mother to retain legal title to her home. Cornell submitted a guilty plea for actions in violation of the Code of Professional Responsibility. In determining Cornell’s punishment, the Board of Professional Responsibility considered the mitigating factor that in the underlying litigation, the judge found no fraud on Cornell’s part.
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Ernest Lee Edwards III, a Nashville lawyer, was publicly censured on July 28 for failure to adequately represent his clients. In one complaint, Edwards was sanctioned for neglect and failure to properly prepare a divorce case, which led to the dismissal of the case unbeknownst to the client. In a second complaint, Edwards was sanctioned for failure to close the estates of decedents. The board also noted that this misconduct was aggravated by Edward’s failure to respond to inquiries by disciplinary counsel.
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Memphis lawyer Curtis D. Johnson was publicly censured on July 27 for negligence in handling certain client matters, charging an excessive fee and failing to adequately communicate with clients. Johnson, who pled guilty to the charges, agreed to a written apology to the judge hearing his case and restitution to the complainant. In addition, a practice monitor will review Johnson’s progress in establishing adequate communication procedures with clients for six months. Monthly progress reports will be filed with the Board of Professional Responsibility. Finally, Johnson is required to reimburse the board for the costs and expenses of the proceeding.
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Mary Forrester King of Memphis was publicly censured by the Tennessee Board of Professional Responsibility on June 30. Pursuant to a petition for discipline filed against King, the board found that since 2000 she had entered into corporate business transactions with long-standing former clients where her interests clearly differed from those she was representing. The board found that these former clients still considered King to be their lawyer and that King had not disclosed her differing interests. In addition, the board stated that she proceeded to represent one of her own family members in a fashion adverse to the interests of her former clients. King entered into a settlement agreement in which she agreed to accept a public censure, complete an additional six hours of Ethics Continuing Legal Education training and attend the Board of Professional Responsibility’s ethics workshop in August. The board found that her lack of prior disciplinary history, her remorse and good faith cooperation, and the dismissal of a lawsuit filed by her former clients were mitigating factors in determining their ruling.
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Cyburn Hilliard Sullivan III of Covington was publicly censured on July 20 for failure to comply with three orders from the Court of Criminal Appeals. The orders directed Sullivan to conform to the rules of appellate practice in regard to an on-going case. In April, the court found that Sullivan had flagrantly disregarded the orders, held him in criminal contempt of court, sentenced him to five days in jail and imposed a $50 fine. However, the court allowed for suspension of jail time if Sullivan conformed to the court’s rules.
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The Board of Professional Responsibility publicly censured Paul J. Walwyn of Madison on July 22 for failure to adequately represent his clients. In one complaint, Walwyn neglected a child support and child custody matter and failed to prepare the matter for eight months despite a court directive to do so. In a second complaint, Walwyn filed a notice of appeal in a criminal conviction five days late and filed his brief more than 60 days late. He also failed to file a timely petition with the Supreme Court following the appellate court’s ruling affirming the conviction. This failure resulted in the loss of further review of the case. The board’s decision to censure Walwyn serves as a warning but does not affect his right to practice law.

Attorneys Reinstated For Complying With Rule 21

The following attorneys have been reinstated to the practice of law, after complying with Rule 21, as required by the Board of Professional Responsibility:

Donald L. Groniger, Franklin, Tenn.
Lynne Todd Edgerton, Los Angeles, Calif.
Timothy Davis, Ridgefield, Conn.
Norman W. Collins, Pine Mountain, Ga.

Information regarding these disciplinary actions was obtained from the Board of Professional Responsibility of the Tennessee Supreme Court.