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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: W. Ray Culp III, Brentwood, and Katrina Michelle Snow, Brooklyn, N.Y.
Ridgely attorney Guy Steven Davis was reinstated to the practice of law on Aug. 27. He had been suspended in December 2007. In November 2009, Davis petitioned the court to lift his suspension. The court agreed after determining that his reinstatement would not be detrimental to the integrity or standing of the bar or the administration of justice, or subversive to the public interest.
Knoxville attorney Vanessa Lynn Lemons was reinstated to the practice of law on Sept. 15. She had been temporarily suspended on Aug. 11 for failing to respond to a complaint of misconduct. On Aug. 23, Lemons filed a petition to dissolve the suspension. The court agreed after determining that her reinstatement would not be detrimental to the integrity or standing of the bar or the administration of justice, or subversive to the public interest.
On Sept. 24, the Supreme Court of Tennessee dissolved a temporary suspension imposed on Memphis lawyer King Bethel Harris on May 27 for his failure to respond to a disciplinary complaint. However, he remains suspended based on a prior disciplinary matter.
Censured
On Sept. 24, Davidson County lawyer Kathleen M. Kirt received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. The board took the action after she permitted a statute of limitations on a workers' compensation case to lapse despite receiving three notifications of an offer of settlement. The board found that she also did not advise her client for nine months that the statute of limitations had expired. Her actions were deemed to have violated Rules of Professional Conduct 1.1, 1.3 and 1.4.
The Board of Professional Responsibility issued a public censure to John Harwell Dickey of Fayetteville on Sept. 27 for committing a criminal act that reflects adversely on his honesty, trustworthiness and fitness as a lawyer. The criminal charges, filed against Dickey in August 2009, stemmed from his threatening and erratic public conduct. On Jan. 19, Dickey entered a "best interest plea" to three counts of misdemeanor reckless endangerment and one count of resisting arrest in exchange for jail time, court costs and 100 hours of pro bono legal work. The board determined that Dickey violated Professional Rule of Conduct 8.4(b).
Suspended
On Aug. 27, the state Supreme Court suspended the law license of Dickson attorney William Warren Leech for three years after he failed to comply with his Tennessee Lawyers Assistance Program (TLAP) monitoring agreement. Compliance with the agreement had been a condition of Leech's reinstatement. The court determined that his actions violated Rule of Professional Conduct 8.4. It ordered him to pay $270 to the Board of Professional Responsibility, pay his privilege tax to the Department of Revenue and pay the costs of the disciplinary proceeding.
The Tennessee Supreme Court suspended the law license of Nashville lawyer Reginald Lamont Horton on Sept. 3 after he pleaded guilty to the serious crimes of possession and delivery of 0.5 grams of cocaine, possession of 0.5 grams of cocaine with intent to deliver, facilitation of the sale of 300 grams of cocaine, possession of 10 pounds of marijuana with intent to deliver, and attempted theft of property over $1,000. As a result of the conviction, the court directed the Board of Professional Responsibility to institute a formal proceeding to determine the extent of final discipline. Horton already was on temporary suspension dating back to April 17, 2009, for posing a threat of substantial harm to the public by offering to provide legal services in exchange for stolen property.
On Sept. 8, the Supreme Court summarily and temporarily suspended the law license of Memphis lawyer Marvin Posner because of his failure to respond to a complaint of ethical misconduct. The suspension remains in effect until dissolved or modified by the Supreme Court. Posner may request such action for good cause.
On Sept. 10, the Tennessee Supreme Court temporarily suspended the law license of Knoxville attorney William Lee Wheatley for his failure to substantially comply with his Tennessee Lawyers Assistance Program monitoring agreement. The suspension remains in effect until dissolved or modified by the Supreme Court.
The Tennessee Supreme Court on Sept. 22 summarily and temporarily suspended the law license of Knoxville lawyer Bruce E. Poston after finding he failed to respond to a complaint of misconduct. The suspension remains in effect until dissolved or modified by the Supreme Court. Poston may request such action for good cause.
Disability Inactive
By order of the Tennessee Supreme Court entered on Sept. 8, the law license of Wilson County lawyer Wilbert Allen Barrett was transferred to disability inactive status. Barrett cannot practice law while on disability inactive status. He may return to the practice of law by showing by clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law.