Licensure & Discipline

REINSTATED

Knoxville lawyer Whitney Suzanne Bailey was reinstated to the practice of law on May 31 by order of the Tennessee Supreme Court subject to several conditions. The conditions include an evaluation by the Tennessee Lawyers Assistance Program and engagement of a practice monitor. Bailey, who had been temporarily suspended on April 26 for failing to respond to a request for information, also was ordered to pay the costs of the proceeding.

DISABILITY INACTIVE

The Tennessee Supreme Court transferred the law license of Knox County lawyer Beverly Ann Buster Clemmer to disability inactive status on May 13. Clemmer may not practice law while on inactive status. She may petition the court to be reinstated by showing by clear and convincing evidence that the disability has been removed and she is fit to resume the practice of law.

The Tennessee Supreme Court transferred the law license of Shelby County lawyer Jay L. Grytdahl to disability inactive status on May 13. Grytdahl may not practice law while on inactive status. He may petition the court to be reinstated by showing by clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law.

The Tennessee Supreme Court transferred the law license of Shelby County lawyer Joe Lee Wyatt to disability inactive status on May 31. Wyatt may not practice law while on inactive status. He may petition the court to be reinstated by showing by clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law.

DISCIPLINARY

Censured
Greene County lawyer Duncan Cates Cave received a public censure from the Board of Professional Responsibility on May 8 for failing to prepare an order for the court. After being directed to prepare an order, Cave failed to do so. When he was personally served with a show cause order commanding him to appear and explain why he had not submitted the order, Cave failed to attend the hearing. The court held Cave in contempt for continually and willfully failing to comply and failing to appear. The board determined that his actions violated Rule of Professional Conduct 8.4.

Shelby County attorney Richard Mark Nummi received a public censure from the Board of Professional Responsibility for accepting employment as general counsel for a Tennessee company while not licensed to practice law in the state. The board found that Nummi did not apply for registration as in-house counsel within the required time frame, resulting in the unauthorized practice of law. His failure to comply is a violation of Rule 5.5 of the Rules of Professional Conduct.

Suspended
On May 9, the Tennessee Supreme Court suspended James S. Powell of Savannah for two years and ordered him to pay $750 in restitution to a former client. The Board of Professional Responsibility found that Powell caused several overdrafts to occur in his client trust account, and neglected the representation of a former client, which caused the former client’s case to be dismissed. He also failed to respond to the board about complaints that had been filed against him. In deciding to impose a suspension, the court noted that Powell violated Rules 1.3, 1.4, 1.16, 3.2, 8.1 and 8.4(a), (c) and (d) of the Rules of Professional Conduct.

The Supreme Court of Tennessee temporarily suspended the law license of Daniel Rafael Solla on May 22 after finding that his continued practice of law posed a threat of substantial harm to the public. The suspension remains in effect until dissolution or modification by the court.

Administrative Suspensions Now Online

Notice of attorneys suspended for, and reinstated from, administrative violations — including failure to pay the Board of Professional Responsibility fee, file the IOLTA report, comply with continuing legal education requirements and pay the Tennessee professional privilege tax — is now available exclusively on the TBA website.

Visit http://www.tba.org/directory-listing/administrative-suspension-lists to see administrative suspensions imposed since 2006.


Compiled by Stacey Shrader Joslin from information provided by the Board of Professional Responsibility of the Tennessee Supreme Court. Licensure and disciplinary notices are included in this publication as a member service. The official record of an attorney’s status is maintained by the board. Current information about a particular attorney may be found on the board’s website at www.tbpr.org/consumers/attorneysearch.