Disciplinary Actions

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.

Marti Lee Kaufman, Memphis
Sondra Keys, Memphis
Peter Maurice O’Neill, Waynesburg, Pa.
Todd Douglas Raddle, Atlanta, Ga.

John Edward Nanney of Signal Mountain has 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.

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

Memphis lawyer James Richard McFall Jr. was publicly censured by the Board of Professional Responsibility on July 3 for failing to (1) perform services for certain clients between 1997 and 1999 while he was impaired, (2) advise clients of his temporary suspension in 2000 and his transfer to disability inactive status later that year, and (3) return case files to clients, affecting their ability to retain alternative counsel in a timely manner. The board found that these actions violated DRs 1-102(A)(1)(4)(5)(6); 2-106(A); 6-101(A)(2)(3); 7-101(A)(1)(2)(3); and 9-102(A)(B) of the Code of Professional Responsibility. In choosing to impose a censure, the board considered as a mitigating factor the fact that McFall made full restitution of unearned fees and costs to the affected clients.

Charles Patrick Dupree, a Chattanooga attorney, received a public censure from the Board of Professional Responsibility on July 16 for failing to protect the interests of a post-divorce client seeking child support arrearage and a modification of payment amounts. The parties agreed that child support would be reduced and the client paid the new amount for 16 years. After that time, it came to light that Dupree had not filed the order reducing child support. The other party to the case filed a motion of contempt against Dupree’s former client for failure to pay adequate support. The court awarded a judgment in excess of $20,000. In imposing the censure, the board stated it was the responsibility of the client to ensure that the agreement was properly filed.

Also on July 16, the Board of Professional Responsibility issued a public censure to Jackson lawyer Linda Sesson Taylor for failing to adequately supervise her staff. The disciplinary action was initiated by a complaint alleging that a non-lawyer staff member in Taylor’s office was practicing law. The board found that Taylor’s lack of knowledge about the staff member’s activities and failure to adequately supervise her staff was further compounded by her failure to respond to the complaint in a timely matter. The board found her actions violated Rules of Professional Conduct 5.3(a) as well as DR 1-102(A)(5) and 3-101(A) of the Code of Professional Responsibility, which was still in effect for part of the time in which the violation occurred.

On July 19, the Board of Professional Responsibility publicly censured Nashville lawyer Richard “Rick” H. Batson II for his failure to adequately communicate with a client and the board, and failing to advise his client that he had been suspended from the practice of law. The Board found Batson violated Rules 1.4 and 8.4(a)(d)(g) of the Tennessee Rules of Professional Conduct.

Knoxville attorney Randy K. Miller was censured by the Board of Professional Responsibility on July 24 for being tardy in his representation of clients and communication with the board. The board determined that his actions violated Rules 1.3 and 8.4(d) of the Rules of Professional Conduct and Rule 8 of the Rules of the Supreme Court of Tennessee.

On July 24, Terry R. Clayton of Nashville received a public censure from the Board of Professional Responsibility for failing to keep clients informed and failing to respond to clients’ requests for information. In one complaint, a client stated that her personal injury case was dismissed without prejudice because Clayton failed to appear in court, and that she learned of the dismissal, not from Clayton, but from the defense counsel. The board noted that Clayton did file a motion to set aside the dismissal and considered that action as a mitigating factor in its decision. A second complaint, filed by another client, centered on Clayton’s six-month delay in notifying the client that a divorce case he was handling had been dismissed for lack of prosecution. In both of these cases, the board found that Clayton’s neglect and failure to communicate with clients violated Rules 1.3; 1.4; 3.2; and 8.4(a)(d) of the Tennessee Rules of Professional Conduct.

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 June 26, the state Supreme Court summarily suspended Jackson lawyer Stephen M. Milam after he pleaded guilty to the serious crimes of obtaining or attempting to obtain a controlled substance by fraud and possession of Schedule III controlled substance. The court also ordered that the matter be referred to the Board of Professional Responsibility for a formal proceeding to determine final discipline.

Drayton Beecher Smith II of Memphis was summarily suspended from the practice of law on July 11 after he pleaded guilty to two counts of possession of and receiving child pornography. The court also ordered that the matter be referred to the Board of Professional Responsibility for a formal proceeding to determine final discipline.

The law license of Knoxville lawyer Robert E. Nichols was temporarily suspended on July 27 pursuant to a finding by the Tennessee Supreme Court that Nichols posed a threat of irreparable harm to the public. The suspension remains in effect until dissolution or modification by the court.