Actions from the Board of Professional Responsibility

Reinstated
The following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education: Donald Stuart Caulkins, Franklin; William Anthony Grana, Kent Mitchell Marcus, Nashville; Stephen Jonathan Jones, Jay Roland McCurdy, Chattanooga; and James M. Moore Jr., Knoxville.

The following attorneys have been reinstated to the practice of law after complying with Section 20 of Supreme Court Rule 9, which requires the payment of annual registration fees: Pamela Gayle Brown, Nashville; Michael Ray Gilroy, Patricia Bryan Mauldin, Memphis; and Yvonne Utley Hill, Rockwood.

Censured
A censure declares conduct improper but does not limit the right to practice law.

Keith Alan Black, a Chattanooga attorney, received a censure from the Board of Professional Responsibility on Oct. 12 for engaging in the practice of law while suspended. Black was suspended on Sept. 20, 2004, for failing to pay his Board of Professional Responsibility registration fee. When advised of the suspension, Black paid the necessary fee and was reinstated on May 17. The board determined that a censure was appropriate, however, as practicing law while on administrative suspension violates Rule 5.5(a) of the Tennessee Rules of Professional Conduct.

The Tennessee Supreme Court censured Paris lawyer Richard L. Dunlap on Oct. 16 after he entered a conditional guilty plea with the Board of Professional Responsibility. On Dec. 15, 2005, Dunlap grabbed another attorney at the Henry County Court Annex. The board charged him with assault, a Class B misdemeanor, and with offering temporary employment to someone who witnessed the incident. The court found that Dunlap’s actions violate Rules 3.4, 8.1 and 8.4 of the Tennessee Rules of Professional Conduct. The assault charge was resolved by Dunlap having no contact with the complainant except in open court and by filing a letter of apology.

On Oct. 17 Charles W. Cross of Nashville received a public censure from the Tennessee Supreme Court after entering a conditional guilty plea for neglecting a client’s case and failing to communicate with a client. Cross agreed to accept a censure to resolve the formal disciplinary charges against him. His actions violated Rules 1.3, 1.4, 1.16 and 8.4(a)(b) of the Tennessee Rules of Professional Conduct.

The Board of Professional Responsibility censured Cookeville lawyer Edwin J. Mackie Jr. on Oct. 19 for failing to pay federal withholding taxes for all four quarters of 2004. On Feb. 23 the Internal Revenue Service filed a Notice of Federal Tax Lien against Mackie for failure to pay the Section 941 taxes. He has since paid the taxes. The board found that his actions violated Rule 8.4(a)(c)(d) of the Tennessee Rules of Professional Conduct.

Richard B. Teeter, a Chattanooga attorney, received a public censure from the Board of Professional Responsibility on Oct. 19 after being found guilty of civil contempt in a Georgia court case. In October 2005, the Superior Court for Walker County, Ga., found Teeter guilty of civil contempt for willfully refusing to comply with his divorce decree, which required the payment of alimony. The court ordered that Teeter be arrested and held until he paid the required sum and that he pay the opposing side’s attorneys fees within 60 days. The order also found Teeter guilty of criminal contempt and ordered that he be arrested and held for 10 days. In reviewing the case, the Board of Professional Responsibility determined that Teeter violated Tennessee Rule of Professional Conduct 8.4(g). At the time of the censure, Teeter had paid the required sum but had not served the 10-day sentence.

Chattanooga attorney Mary Sullivan Moore received a censure from the Board of Professional Responsibility on Oct. 27. Moore, a former assistant district attorney general, ran for election as a general sessions judge in Hamilton County. Her opponents were the incumbent judge, David Bales, and another attorney. During the campaign, she sent an e-mail to the opponent attorney and the opponent’s campaign treasurer (also an attorney) that contained threats or implied threats against the campaign manager and his firm and a false accusation of wire tapping against a sitting judge. Specifically, the e-mail included the following statement: “... I have much information that is so very hurtful to so many people, because of what I do for a living. Know that your campaign manager and his family and his partner and his family don’t need to suffer simply because we put ourselves out there for election ... If you want your …[campaign manager’s] reputation in tact, I hope you will talk to your candidate. THIS IS NOT A THREAT AT ALL ... My phones are taped, either by you or Bailes [sic], so call me with caution.” The board imposed a censure on Moore for making these threats and falsely accusing a sitting judge of wire tapping.

Suspended
Suspension is effective 10 days after issuance, except where immediate suspension is necessary to protect the public. A suspended lawyer may not accept new clients but may continue representing current clients for 30 days. The lawyer must notify all clients, co-counsel and opposing counsel of the suspension order; return to clients any papers or property to which they are entitled; not use the indicia of lawyer, legal assistant or law clerk; and not maintain a presence where the practice of law is conducted. An attorney suspended for one year or more must prove by clear and convincing evidence that he has the moral qualifications, competency and learning required for admission to the practice of law, and that resumption of his practice would not be detrimental to the integrity and standing of the bar or the administration of justice, nor be subversive to the public interest. An attorney suspended for less than one year with conditions may resume practice after complying with those conditions. An attorney suspended for less than one year with no conditions may resume practice without reinstatement.

On Oct. 17 the Supreme Court of Tennessee issued an order suspending the law license of David Andrew Lufkin, who last practiced law in Knoxville. This was an immediate temporary suspension issued pursuant to Rule 9, Section 4.3 of the Rules of the Tennessee Supreme Court. In issuing the suspension, the court found that Lufkin posed a threat of substantial harm to the public.

Also on Oct. 17 the Tennessee Supreme Court suspended Maury County lawyer Matthew Q. Bastian from the practice of law for six months, imposed a probation period of five months and 29 days to follow the suspension, and directed Bastian to obtain errors and omissions insurance coverage with limits of $100,000 or greater. The board found that Bastian was hired and paid to prepare an appeal to the Court of Appeals in a divorce action, but failed to file a supplemental record as requested by the court. His client had to employ other counsel to prevent the appeal from being dismissed, and ultimately obtained a $7,000 judgment against Bastian for his negligence. Bastian, however, did not pay the judgment. The board also found that the misconduct was aggravated by prior public discipline for similar misconduct and a lack of remorse and candor by Bastian at the disciplinary hearing. The court ruled that Bastian’s conduct violated Rules 1.1, 1.2, 1.3, 1.4, 1.15, 1.16 and 3.2 of the Rules of Professional Conduct. Bastian will be reinstated without a hearing once he completes the six-month suspension and pays the costs of the disciplinary proceeding.

Thomas Alva Austin, a Kingston lawyer and former judge, was summarily suspended from the practice of law by the Tennessee Supreme Court on Oct. 6 after pleading guilty to the serious crime of extortion. He was sentenced to 42 months in prison on Sept. 7. In addition to imposing the suspension, the court ordered that the matter be referred to the Board of Professional Responsibility for a determination of final discipline.

Disbarred
In Tennessee, disbarment becomes effective 10 days after an order of the court. Under the Rules of Professional Conduct, a disbarred lawyer must notify all clients, co-counsel and opposing counsel of the disbarment; must deliver to all clients any papers or property to which they are entitled; may not use the indicia of lawyer, counselor at law, legal assistant, law clerk or similar title; and may not maintain a presence or occupy an office where the practice of law is conducted. A lawyer who has been disbarred after hearing or by consent may not apply for reinstatement for at least five years. When applying, the lawyer must prove by clear and convincing evidence that reinstatement would not be detrimental to the integrity and standing of the bar or the administration of justice, nor be subversive to the public interest.

On Sept. 25, the Supreme Court entered an order disbarring Dennis P. Stack after he submitted a conditional guilty plea in exchange for the discipline. The court directed that the disbarment be retroactive to March 16, 2005, the date Stack was temporarily suspended from the practice of law.

On Oct. 31 the Supreme Court of Tennessee disbarred Greeneville attorney Lawrence A. Welch Jr. from the practice of law and ordered him to make restitution to a client in the amount of $25,000. The court also ordered the Board of Professional Responsibility to notify the district attorney of Welch’s apparent misappropriation of funds for possible criminal charges.

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Disciplinary process series now online
Need clarification?
Now you can read about the disciplinary process online, by accessing the 14-month series of Journal articles that take the mystery out of it. Writer Stacey Shrader outlines the details of disbarments, suspensions, censures, disability inactive status, admonitions, reprimands and reciprocal discipline. You can also find out how the Tennessee Legal Assistance Program works, what the disciplinary districts are, the BPR’s structure and process, what happens when an attorney is convicted of a crime, and more.

Read the stories at http://www.tba2.org/tbatoday/bpr/features.html