13 Apply for 16th District Circuit Court

Thirteen attorneys have applied to fill the Circuit Court vacancy in the 16th Judicial District, which serves Rutherford and Cannon counties. The vacancy was created by the appointment of Circuit Court Judge Don R. Ash as senior judge. The Judicial Nominating Commission will hold a public meeting Aug. 17 at 8:30 a.m. at the Historic Rutherford County Courthouse, 2nd Floor Courtroom, One Public Square, Murfreesboro 37130 to interview the following candidates:

Keta J. Barnes, Smyrna Municipal Court judge;
Kirk D. Catron, McCarter, Catron & East;
Tolbert Franklin Gilley III, Rucker, Rucker and Gilley;
Sonya W. Henderson, who is in private practice;
Brad W. Hornsby, Bullock, Fly, Hornsby & Evans;
Trevor H. Lynch, 16th Judicial District Attorney General’s Office;
Thomas Earl Parkerson, Bennett, Parkerson & Bray;
Russell Nelson Perkins, 16th Judicial District Public Defender’s Office;
Mark A. Polk, White & Polk;
M. Keith Siskin, Rutherford County Juvenile Court Magistrate;
Barry R. Tidwell, Price & Tidwell;
Alicia C. B. Widrig, Tennessee Department of Human Services; and
Howard W. Wilson, Wilson & Bradley.

All practice in Murfreesboro, except for Barnes, who presides in Smyrna, and Widrig, who practices in Nashville. Learn more about the hearing from the AOC

Today's Opinions

Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format.

00 - TN Supreme Court
01 - TN Workers Comp Appeals
00 - TN Supreme Court - Rules
14 - TN Court of Appeals
04 - TN Court of Criminal Appeals
05 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
00 - TN Supreme Court - Disciplinary Orders









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TN Workers Comp Appeals

BETTY FRANKLIN v. DURO STANDARD PRODUCTS CO., INC.

Court: TN Workers Comp Appeals

Attorneys:

William F. Kendall, III, Jackson, Tennessee (on the brief), Allison Rebecca Malone and James Howard Tucker, Jr., Nashville, Tennessee, for the appellant, Duro Standard Products Co., Inc.

Jeffrey P. Boyd and Laura Ann E. Bailey, Jackson, Tennessee, for the appellee, Betty Franklin.

Judge: HARRIS

In this claim for workers’ compensation benefits, the trial court awarded permanent partial disability benefits to the employee for hearing loss. Her employer has appealed, contending that the trial court erred by admitting the testimony of the employee’s medical expert into evidence and by finding that her hearing loss was caused by her employment. We affirm the judgment of the trial court.


TN Court of Appeals

ELISE RENEE BRASWELL v. RANDY BERNARD BRASWELL, SR.

Court: TN Court of Appeals

Attorneys:

Randy Bernard Braswell, Sr., Chattanooga, Tennessee, Pro Se Appellant.

Elise Renee Braswell, Chattanooga, Tennessee, Pro Se Appellee.

Judge: PER CURIAM

The order from which the appellant, Randy Bernard Braswell, Sr., seeks to appeal was entered on Wednesday, April 18, 2012. A notice of appeal was filed by the appellant on Friday, June 29, 2012, the 72nd day following the entry of the trial court’s order. Because the notice of appeal was not filed timely, we have no jurisdiction to consider this appeal. Accordingly, this appeal is dismissed.


IN RE: K.B. (D.O.B. 4/18/2001) RONALD LYNN BREWER, JR., ET AL. v. RONALD LYNN BREWER, SR., ET AL.

Court: TN Court of Appeals

Attorneys:

Amy Broom Pollina, Murfreesboro, Tennessee, for the Appellant, Sherry Lynn Brewer Johnson.

Tarsila Crawford, Nashville, Tennessee, for the Appellees, Ronald Lynn Brewer, Jr. and Samantha Jo Brewer.

Judge: FARMER

This is a termination of parental rights case. The trial court concluded that it was in the best interests of the child to terminate Mother’s parental rights on the ground of severe child abuse. On appeal, the sole issue presented by Mother is whether the trial court erred in determining that termination of her parental rights was in the best interests of the child. After thoroughly reviewing the record, we affirm.


CHEYENNE DUFFER v. KEYSTOPS, LLC.

Court: TN Court of Appeals

Attorneys:

Peter Andrew Lampros, Atlanta, Georgia, for the appellant, Jason Elmer Johnston a/k/a Cheyenne Duffer.

Charles E. Pierce and Julie Cochran Fuller, Knoxville, Tennessee, for the appellant, Erie Insurance Company.

Richard D. Moore and Timothy A. Drown, Nashville, Tennessee, for the appellee, Keystops, LLC., d/b/a Key Oil Company.

Judge: MCCLARTY

This appeal arises out of a personal injury suit, wherein the plaintiff and Dewayne Duffer filed suit against a trucking company for injuries suffered in an accident and for loss of consortium as a result of the accident. Plaintiff’s employer intervened to recover worker’s compensation benefits paid to plaintiff. Soon thereafter, the trucking company discovered that plaintiff was male, had filed the action using an assumed female identity, and had lied throughout the discovery process. The trucking company filed a motion for summary judgment. The court granted the motion and dismissed plaintiff’s and employer’s complaints, finding that plaintiff had committed a fraud upon the court and that employer had failed to file suit within the applicable statute of limitations because plaintiff’s complaint was rendered void ab initio. Plaintiff and employer appeal. We affirm the dismissal of plaintiff’s complaint but reverse the dismissal of employer’s complaint.


DIANE S. HAND v. GOLDEN E. HAND, SR.

Court: TN Court of Appeals

Attorneys:

Sandra F. Jones, Jon Steven Jablonski, Nashville, Tennessee, for the appellant, Golden E. Hand, Sr.

David Scott Parsley, Michael K. Parsley, Nashville, Tennessee, for the appellee, Diane S. Hand.

Judge: COTTRELL

The parties married twice and divorced twice. Under the terms of their second divorce decree, the wife was awarded the marital home, the husband and wife were made jointly responsible for the mortgage on the home, and the husband was ordered to pay the wife alimony in futuro of $1,200 per month. About five years after their second divorce became final, the husband filed a petition to terminate or to modify his alimony obligation. He alleged among other things that his income had declined and that his wife no longer needed his support, as demonstrated by her conveyance of the marital home without consideration to the party’s son, and her relationship with her new boyfriend. For her part, the wife petitioned the trial court to increase the husband’s alimony obligation, alleging that her need had actually increased because her physical ailments had worsened and that the monthly cost of medications to treat them had soared. The trial court denied both petitions. We affirm.


STATE OF TENNESSEE v. CHRISTOPHER HEMBROOK

Court: TN Court of Appeals

Attorneys:

Cindy H. Morgan, Sparta, Tennessee; and Howard Luxon Upchurch, Pikeville, Tennessee, for the Appellant, Christopher Hembrook.

Robert E. Cooper, Jr., Attorney General and Reporter; William E. Young, Solicitor General; Rachel Habibe Jrade-Rice, Mark A. Fulks, and Clarence E. Lutz, Assistant Attorneys General, for the Appellee, the State of Tennessee.

Judge: DINKINS

Defendant, who was arrested for DUI and subsequently refused to submit to a blood test, appeals the revocation of his driver’s license, contending that he was not properly informed of the consequences of refusal to take the test. We hold that the defendant was adequately advised under the circumstances presented and affirm the judgment of the trial court.


IN RE JAMES PRESTON HESS, IV

Court: TN Court of Appeals

Attorneys:

Stenley A. Kweller, Nashville, Tennessee, for the Appellant, James Preston Hess, III.

Helen Sfikas Rogers and Lawrence J. Kamm, Nashville, Tennessee, for the Appellee, Beverly Lynn Cook (Hess).

Judge: DINKINS

This is an appeal from an order appointing a conservator for the adult son of divorced parents. The father contends that the evidence does not support the determinations that the son lacks the capacity to fully attend to his needs without assistance and that the appointment of a conservator is warranted; Mother contends that the father does not have standing to appeal. We affirm the court in all respects.


IN THE MATTER OF: JONATHAN S. C-B

Court: TN Court of Appeals

Attorneys:

Connie Reguli, Brentwood, Tennessee, for the appellant, Ok Yung Chung.

Jacqueline Belle Dixon, Nashville, Tennessee, for the appellee, Stephen Paul Bruehl.

Jessica Hooper, Nashville, Tennessee, for minor child, Jonathan S. C-B.

Judge: COTTRELL

The mother of a five year old boy alleged that the boy’s father had sexually abused him, and she petitioned the juvenile court to have the father’s visitation privileges revoked. After a long course of proceedings that included an investigation by the Department of Children’s Services, testimony by a number of mental health professionals, and a report by the guardian ad litem, the court concluded that the Mother’s allegations were unfounded, that her hostility against the father was having a detrimental effect on the child, and that it was in the child’s best interest that the father be named as the child’s primary residential parent in place of the mother. The mother raises numerous procedural issues on appeal, and she also contends that her allegations of abuse against the father were true, or at the very least that she had a good faith belief in their truth. Having carefully considered the mother’s allegations and her arguments, we affirm the trial court.


IN THE MATTER OF: JUSTIN K. C. ET AL.

Court: TN Court of Appeals

Attorneys:

David R. Grimmett, Nashville, Tennessee, for the appellant, Michelle P.

Dennis L. Nordhoff, Franklin, Tennessee, for the appellant, Orlando P.

Robert E. Cooper, Jr., Attorney General and Reporter, and Joshua Davis Baker, Assistant Attorney General, for the appellee, Tennessee Department of Children’s Services.

Kelli Barr Summers, Brentwood, Tennessee, Guardian ad Litem.

Judge: CLEMENT

The parental rights of the parents of three children were terminated on two statutory grounds, persistence of conditions pursuant to Tennessee Code Annotated § 36-1-113(g)(3), and substantial noncompliance with the permanency plan pursuant to Tennessee Code Annotated § 36-1-113(g)(2), and the finding that termination of their parental rights was in the children’s best interests. Both parents appeal contending the trial court erred in finding any ground existed for termination and that termination of their parental rights was in the children’s best interests. Finding no error, we affirm.


STATE OF TENNESSEE ex rel. ROBIN LIPSKI v. JERRY BURKES

Court: TN Court of Appeals

Attorneys:

Jerry Burkes, Greeneville, Tennessee, Pro Se Appellant.

Linda Thomas Woolsey, Greeneville, Tennessee, for the Appellee, Robin Lipski.

Robert E. Cooper, Jr., Attorney General and Reporter, and Lindsey O. Appiah, Assistant Attorney General, for the Appellee, State of Tennessee.

Judge: PER CURIAM

The order from which the appellant, Jerry Burkes, seeks to appeal was entered on Monday, October 24, 2011. A notice of appeal was filed by the appellant on Monday, November 28, 2011, the 35th day following the entry of the trial court’s order. Because the notice of appeal was not filed timely, we have no jurisdiction to consider this appeal. Accordingly, this appeal is dismissed.


ASHLEY D. RAMSAY, v. STARLETT J. CUSTER

Court: TN Court of Appeals

Attorneys:

Wm. Kennerly Burger, Murfreesboro, Tennessee, for the appellant, Ashley D. Ramsay.

John H. Baker, Murfreesboro, Tennessee, for the appellee, Starlett J. Custer.

Judge: FRANKS

In this case, the Trial Court initially granted plaintiff a default judgment against the defendant, and set a trial on the issue of damages. Defendant was given notice of the subsequent hearing, and defendant's attorney moved to set aside the default judgment, which the Trial Court granted and dismissed plaintiff's case. Plaintiff has appealed. We affirm the Judgment of the Trial Court.


EDWARD G. ROCHELLE v. GRANGE MUTUAL CASUALTY COMPANY, ET AL.

Court: TN Court of Appeals

Attorneys:

John Lee Williams, Waverly, Tennessee, and Mark C. Odle, Dickson, Tennessee, for the appellant, Edward G. Rochelle.

Russell E. Reviere and Jonathan D. Stewart, Jackson, Tennessee, for the appellee, Grange Mutual Casualty Company.

Michael Parks Mills, Brentwood, Tennessee, for the appellees, Proctor Insurance Group and Charles Corey Burnette.

Judge: STAFFORD

This appeal results from the grant of summary judgment in favor of Appellee insurance company. Appellee denied Appellant’s claim for fire loss on the ground that Appellant made material misrepresentations in the application for insurance. The trial court determined that Appellant took contradictory positions in his examination under oath and in his discovery deposition on the question of whether his application for insurance was completed when he signed it, or whether he signed it in blank before it was completed by the insurance agent. The trial court determined that Appellant’s inconsistent statements were not effective to create a dispute of material fact for purposes of summary judgment. We conclude that the motion for summary judgment was improperly granted. Reversed and remanded.


DANIEL J. VELEZ v. CHRISTY M. VELEZ

Court: TN Court of Appeals

Attorneys:

Jon S. Jablonski, Nashville, Tennessee, for the appellant, Christy M. Velez.

Michael K. Williamson, Clarksville, Tennessee for the appellee, Daniel J. Velez.

Judge: CLEMENT

Mother appeals the parenting plan adopted by the trial court, the award of child support, alimony and the allocation of the federal income tax dependent exemptions to Father. We affirm the trial court’s decision regarding the parenting plan and allocation of the federal income tax exemption. Finding error with the amount of income the court imputed to Mother, and what appears to be an error regarding the cost of insurance, we reverse the award of child support and remand with instructions to impute Mother’s income based on the federal minimum wage and to recalculate the child support award in accordance with this opinion. We also hold that the trial court erred in denying Mother rehabilitative alimony, and therefore reverse and remand the issue of alimony to the trial court for a determination of the appropriate sum and duration of rehabilitative alimony.


IN RE: VYSIN C. G., URRYE E. G. AND ZYREN M. G.

Court: TN Court of Appeals

Attorneys:

Robert L. Huddleston, Maryville, Tennessee, for the Appellant.

Rolfe A. Straussfogel, Sevierville, Tennessee, for the appellees, Michael Odom, Ginger Odom, Charles Williams, Amy Williams and Elizabeth Seeley.

Judge: FARMER

The trial court terminated Mother’s parental rights based on abandonment for the failure to visit or support. On appeal, Mother asserts the trial court erred by determining that her failure to visit or support her children was willful. We affirm.


TONY WILLIAMS ET AL. v. TENNESSEE FARMERS LIFE REASSURANCE COMPANY ET AL.

Court: TN Court of Appeals

Attorneys:

Robert B. Littleton, Nashville, Tennessee, for the appellants, Tennessee Farmers Life Reassurance Company and Mansel Smelser.

C. Tim Tisher, Columbia, Tennessee, for the appellees, Tony Williams and Angela N. Williams.

Judge: CLEMENT

This action was filed after the defendant, a life insurance company, denied payment of benefits on the grounds that the decedent/insured made material misrepresentations in her application for life insurance. The specific basis for the denial was that the insured allegedly failed to disclose “methadone treatment for a narcotic addiction.” The trial court found there was no proof that the insured was taking methadone at the time of the application or that she was ever treated for “drug related problems.” On this basis, the trial court concluded the insured did not make any misrepresentations in her application for life insurance and ordered the defendant to pay the death benefit plus pre-judgment interest. We affirm.


TN Court of Criminal Appeals

STATE OF TENNESSEE v. VICTOR BYNDUM

Court: TN Court of Criminal Appeals

Attorneys:

George Morton Googe, District Public Defender; Susan D. Korsnes, Assistant District Public Defender, Jackson, Tennessee, for the appellant, Victor Byndum.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Jody S. Pickens, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The Defendant, Victor Byndum, appeals the Madison County Circuit Court’s order revoking his community corrections sentence for two violations of the Sexual Offender Registration and Monitoring Act and ordering him to serve his six-year sentence. We affirm the judgment of the trial court.


STATE OF TENNESSEE v. TRAVIS DAVISON

Court: TN Court of Criminal Appeals

Attorneys:

Travis Davison, Memphis, Tennessee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; Amy P. Weirich, District Attorney General; and Theresa Smith McCusker, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS

The Appellant filed a motion to correct a judgment pursuant to Tennessee Rule of Criminal Procedure 36 in the Shelby County Criminal Court. The trial court subsequently entered an order denying the Appellant’s motion. In this appeal, the Appellant contends that the trial court erred in denying his motion. Because there is no appeal as of right from the denial of a Rule 36 motion to correct a judgment, the appeal is dismissed.


STATE OF TENNESSEE v. MICHAEL ANTHONY JEFFRIES

Court: TN Court of Criminal Appeals

Attorneys:

Martin E. Dunn, Dyersburg, Tennessee, for the appellant, Michael Anthony Jeffries.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; Thomas A. Thomas, District Attorney General; and Jim Cannon, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: PAGE

A grand jury indicted appellant for possession of a substance containing .5 grams or more of cocaine with intent to sell within 1,000 feet of a school, in violation of Tennessee Code Annotated section 39-17-417 (a)(4), a Class A felony. Following an unsuccessful motion to suppress the evidence, appellant entered a guilty plea to possession of .5 grams or more of cocaine with intent to sell, a Class B felony. Pursuant to the plea agreement, the trial court sentenced appellant to eight years and 270 days and placed him on probation. As a condition of the plea agreement, appellant reserved the right to certify several questions of law challenging the validity of the search that yielded the evidence against him. Following our review, we affirm the trial court’s judgment.


SHAUN DANIELLE STAFFORD v. STATE OF TENNESSEE

Court: TN Court of Criminal Appeals

Attorneys:

Joseph V. Hoffer, Cleveland, Tennessee, for the appellant, Shaun Danielle Stafford.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Steven Bebb, District Attorney General; and Wayne Carter, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The Petitioner, Shaun Danielle Stafford, appeals the Bradley County Criminal Court’s denial of her petition for post-conviction relief from her conviction of selling more than .5 grams of methamphetamine and resulting sentence of fifteen years as a Range II, multiple offender. On appeal, she contends that she received ineffective assistance of counsel and that her guilty plea was rendered involuntary by the ineffective assistance of counsel. Based upon our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.


TN Attorney General Opinions

Effect of County’s Withdrawal from Tennessee Consolidated Retirement System

Court: TN Attorney General Opinions

Date: 2012-06-29

Opinion Number: 66


Approval or Denial of Amended Charter School Applications

Court: TN Attorney General Opinions

Date: 2012-07-05

Opinion Number: 67


Local Education Agencies as Sponsors of Charter Schools

Court: TN Attorney General Opinions

Date: 2012-07-06

Opinion Number: 68


Extending Contracts for Directors of Schools

Court: TN Attorney General Opinions

Date: 2012-07-06

Opinion Number: 69


Municipal Electric System Providing Internet and Video Programming

Court: TN Attorney General Opinions

Date: 2012-07-11

Opinion Number: 70


Judge: Library Card Not Valid Voter ID

U.S. District Judge Aleta Trauger late yesterday ruled that library cards issued in Memphis will not count as proper voter identification in Thursday’s election. The ruling effectively favors the state, but the judge made clear she’s no fan of the voter-ID requirement as it’s currently written, saying it makes no sense to exclude certain kinds of ID, like state college ID cards. Even the state’s attorney agreed the law should get another look from legislators after plaintiffs noted voters could use an expired boating license from Alabama. Read more from the Commercial Appeal


Appeal Coming in Desegregation Lawsuit

Nashville Public Radio reported late yesterday that a desegregation lawsuit over Nashville’s school zoning plan will continue as the local chapter of the NAACP formally announced it would appeal a ruling handed down last week. At the heart of the case is the argument that metro schools purposefully drew new zones to “make majority black population schools blacker and majority white schools whiter.” Federal Judge Kevin Sharp found that intent wasn’t there, and threw out the case. However, he did find that that the plan ultimately led to segregation. Officials with the NAACP say the appeal likely will be filed before the end of the year.


Chattanooga Bar Foundation Names New Fellows

The Chattanooga Bar Foundation – the charitable and educational arm of the Chattanooga Bar Association – recently named new fellows, including Craig Allen, Leitner, Williams, Dooley & Napolitan; Eleventh Judicial District Chancellor Jeff Atherton; Harry Cash, Grant, Konvalinka & Harrison; Gary Cooper, Cooper & Marcus; Stephen Greer; Ira Long; and Arvin Reingold. The Hamilton County Herald has biographical information on each of the new inductees.


Appeals Judge Blocked, Others Unlikely to See Action

Senate Republicans have blocked an up-or-down vote on President Obama’s nomination of Magistrate Judge Robert Bacharach to the Tenth U.S. Circuit Court of Appeals, despite bipartisan support for his approval. In response, Senate Majority Leader Harry Reid’s office indicated that no more confirmation votes on appeals court judges would be attempted before the presidential election. While Democrats criticized the move as “extreme,” Senate Republican Leader Mitch McConnell, R-Ky., described the freeze as following Senate tradition for “a bipartisan timeout” before the presidential election in November. Read more in Gavel Grab


Same-Sex Marriage Appeal Filed with Supreme Court

Backers of California's ban on same-sex marriages asked the U.S. Supreme Court yesterday to overrule a federal appeals court that struck down the measure as unconstitutional. Earlier this year, the 9th U.S. Circuit Court of Appeals found that the 2008 amendment to the state constitution violated the civil rights of gay and lesbian Californians. The appeal, which was expected, brings a bitter, four-year court fight over Proposition 8 one step closer to being resolved. If the high court declines to take the case, it would clear the way for same-sex marriages to resume in California. Read about the case from WRCB-TV in Chattanooga.


Knoxville Trial Lawyer Dennis Babb Dies at 83

Knoxville lawyer Dennis L. Babb died July 27. He was 83. He earned his law degree from the University of Tennessee, after which he began the practice of law in 1956 and practiced for more than 40 years. An outstanding trial attorney, he was a founding partner of Butler, Vines and Babb. The family will receive friends on Sunday (Aug. 5), from 3 to 5 p.m. at Rose Mortuary Mann Heritage Chapel. In lieu of flowers, donations may be made in his memory to YMCA Knoxville, 602 W. Clinch Avenue, Knoxville, TN 37902. Read his obituary


DA Sponsoring Fundraiser for Brightstone

The office of 21st Judicial District Attorney General Kim Helper is sponsoring a Hot Dog Fundraiser Aug. 7 for Brightstone – a charitable organization in Williamson County offering opportunities for developmentally disabled individuals to develop job skills and work habits, and learn life lessons through personal growth and community awareness. For $5, participants will get a hot dog, chips, dessert and drink. The event runs from 11 a.m. to 2 p.m. and will take place behind Pucketts at 421 Main Street, Suite 102, in Franklin. Download a flyer


Roane County Lawyer Censured

Roane County lawyer Kent Lowery Booher received a public censure from the Board of Professional Responsibility of the Supreme Court of Tennessee on Monday. Booher failed to act with reasonable diligence in an estate matter, failed to maintain reasonable communication with his client, failed to expedite litigation, and he misrepresented to Disciplinary Counsel that he had filed a draft accounting and proposed final order with the probate court. By these acts, he violated Rules of Professional Conduct 1.3, 1.4, 3.2 and 8.1(a). Download the BPR release


Nashville Lawyer Censured

Davidson County lawyer Robert Joseph Turner received a public censure from the Board of Professional Responsibility of the Supreme Court of Tennessee on Monday. On his website he made claims that were not verifiable; improperly used the word “specialties”; and disclosed the occupations of former clients in violation of client confidentiality. In another matter, he sent a written advertisement to a potential client that stated at the bottom of the letter, “Eligible but not certified as a family law specialist by the Tennessee Commission on Continuing Legal Education and Specialization,” which was misleading and violates the Rules of Professional Conduct (RPC). Download the BPR release


Sevier County Lawyer Censured

Sevier County lawyer William Lee Wheatley received a public censure from the Board of Professional Responsibility on Monday. The board found that Wheatley failed to communicate with his client or take reasonable steps to ensure that the client’s interests were protected after he was administratively suspended for failure to comply with CLE requirements. The board also found that he did not refund the client any portion of his fee. The board determined that these actions violated Rules of Professional Conduct 1.3, 1.4, 1.5 and 1.16. Download the BPR notice


Hamblen County Lawyer Censured

Hamblen County lawyer Andrew Nicholas Wilson was censured on Monday by the Board of Professional Responsibility of the Tennessee Supreme Court. The action was taken based on three complaints filed against Wilson after he left the private practice of law to take a job in state government. Wilson indicated that he would complete his existing cases, but he ceased communicating with his clients and did not perform the work he was retained to do. The board found that he failed to act with reasonable diligence, failed to communicate with his clients, failed to expedite litigation, and essentially abandoned his clients. His actions violated Rules of Professional Responsibility 1.3, 1.4, 1.16 and 3.2. Download the BPR notice


 
 

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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.


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