REINSTATED

The following lawyers had their law licenses reinstated after being on inactive status for more than five years:

• South Carolina lawyer Keith Lane Edmiston, Nov. 1, 2023
• Maryland attorney Seoyoung Kim, Oct. 30, 2023
• Knox County Rachel K. Tyson, Oct. 19, 2023
• Davidson County lawyer Lauren Suzanne Wachsman, Nov. 9, 2023
• Shelby County lawyer Stephen R. Yoder, Oct. 31, 2023

Giles County lawyer Richard Hannah Dunavant was reinstated to the practice of law on Oct. 26, 2023 after being on disability inactive status.

Putnam County lawyer John Philip Parsons was reinstated to the practice of law on Nov. 1, 2023. He had been disbarred by the Tennessee Supreme Court on Oct. 13, 2017. The court conditioned reinstatement on Parson’s engagement of a practice monitor who must meet with him once a month for one year to assess his caseload, timeliness of tasks, adequacy of communication with clients and accounting procedures. The monitor also must provide monthly written reports.

Shelby County lawyer Monica Aislynn Timmerman was reinstated to the practice of law on Nov. 7, 2023. The Tennessee Supreme Court took the action after the Board of Professional Responsibility determined that Timmerman was in compliance with her Tennessee Lawyer Assistance Program Monitoring Agreement.

On Oct. 3, 2023, the Tennessee Supreme Court reinstated Samuel Ervin White to the active practice of law. White had been temporarily suspended on June 30 for misappropriating funds for his personal use and posing a threat of substantial harm to the public.

REINSTATEMENT PETITION DISMISSED

On Oct. 9, 2023, the Tennessee Supreme Court dismissed a reinstatement petition from Campbell County lawyer Jody Rodenborn Troutman, who had been suspended on Feb. 3, 2022, for one year of active suspension and three years of probation. The court found that Troutman filed the reinstatement petition prematurely.

The Tennessee Supreme Court on Nov. 21, 2023, dismissed a petition for reinstatement filed by Elizabethton lawyer Amy D. Williams based on the Board of Professional Responsibility’s report that she had outstanding obligations and was not in good standing with the Tennessee Commission on Continuing Legal Education. On Oct. 2, the court filed an order advising Williams to satisfy outstanding obligations by Nov. 17 or her petition would be dismissed. The court now reports that Williams did not satisfy those obligations by the deadline.

DISCIPLINARY
Suspended

Davidson County lawyer Robert Redman Laser III was suspended from the practice of law on Nov. 1, 2023, by the Tennessee Supreme Court after he failed to respond to the Board of Professional Responsibility about a misconduct complaint.

The Tennessee Supreme Court on Oct. 13, 2023, suspended Roane County lawyer Eric John Montierth from the practice of law for two years, with 18 months to be served on active suspension — retroactive to Sept. 23, 2022 — and the remainder on probation. The suspension is conditioned on Montierth incurring no new complaints of misconduct related to the disciplined conduct, engaging a practice monitor, and being evaluated by the Tennessee Lawyers Assistance Program. The court found that Montierth failed to (1) communicate with clients adequately about closing his practice, (2) transition his clients to other lawyers, and (3) refund unearned fees. Montierth agreed to a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 1.3, 1.4, 1.5, 1.16, 3.4, 8.1(b) 8.4(a) and 8.4(d).

The Tennessee Supreme Court temporarily suspended Williamson County lawyer Connie Lynn Reguli from the practice of law Nov. 20, 2023,  after finding that she posed a threat of substantial harm to the public. On Nov. 28, Reguli petitioned the court for “immediate relief of reversal” of the suspension. On Nov. 30, the court denied the reversal but granted Reguli’s request for an evidentiary hearing.

Knox County lawyer Christopher Shawn Roberts was temporarily suspended from the practice of law on Oct. 13, 2023. The Tennessee Supreme Court took the action after finding that Roberts failed to substantially comply with his Tennessee Lawyer Assistance Program. The court also issued an order allowing documents in the case to be filed under seal.

The Tennessee Supreme Court on Nov. 28, 2023, suspended Hamilton County lawyer John Scott Wesson from the practice of law for seven years and ordered him to contact the Tennessee Lawyers Assistance Program. The court found that Wesson failed to respond to a summary judgment motion and an opponent’s application to the court for attorney’s fees; reasonably communicate with clients; represent clients; inform clients of his previous suspension; make reasonable efforts to expedite litigation; and appear at multiple show cause hearings. The court also found that Wesson knowingly terminated and/or refused to comply with his monitoring agreement. The panel found Wesson violated Tennessee Rules of Professional Conduct 1.3, 1.4, 3.2, 3.4(c) and 8.4(a)(d)(g).

Censured

Campbell County lawyer Terry Matthew Basista received a public censure from the Tennessee Supreme Court on Oct. 10, 2023. Basista won an award of child support for his client by agreement of the parties during a hearing in Claiborne County Chancery Court on July 21, 2015. The court found that he failed to file an order for over two years and failed to stay abreast of the case, resulting in an order of closure being filed. By these acts, Basista violated Rules of Professional Conduct 1.3, 1.4 and 3.2.

Williamson County lawyer S. Brad Dozier received a public censure from the Tennessee Supreme Court on Oct. 18, 2023. Dozier represented a client in probating an estate and in the reopening of a recently concluded probate proceeding. The court found that Dozier delayed in taking proper action in both matters and failed to respond to his client’s communications. In the probate proceeding, the court also found that Dozier failed to seek leave of the court to withdraw after being discharged by the client. By these acts, Dozier violated Rules of Professional Conduct 1.3, 1.4 and 1.16(a).

Davidson County lawyer Charles Martin Duke was censured by the Tennessee Supreme Court on Oct. 6, 2023. The court found that while representing a client in connection with an ancillary probate matter, Duke failed to pursue the client’s legal objectives, and did not maintain good communication with his client. The court also found that he failed to notify his client that he had been suspended from the practice of law on May 9, 2022. His actions were determined to violate Rules of Professional Conduct 1.3, 1.4, 3.4(c) and 8.4(g).

James Arthur Graham Jr., an attorney licensed to practice law in Louisiana, but not in Tennessee, received a public censure on Oct. 5, 2023, from the Tennessee Supreme Court. Graham filed an application for comity admission in Tennessee and was authorized to practice law “pending admission” in Tennessee under Tennessee Supreme Court Rule 7, §10.07. Graham later withdrew his application for comity admission and was informed that his ability to practice “pending admission” had been revoked. Graham stated on his website for approximately 60 days after that point that he was licensed in Tennessee, which the court determined was a false statement that resulted in potential harm to the public.

Shelby County lawyer Don Anthony Handley received a public censure from the Tennessee Supreme Court on Oct. 18, 2023, for failure to create and maintain appropriate trust account management protocols and appropriately train and supervise support staff. In January 2019, Handley settled a personal injury case but his support staff failed to deposit the settlement check from the insurance company. The error was not identified for several years and  later resulted in an overdraft on Handley’s trust account. The court found that Handley’s action violated Rules of Professional Conduct 1.15 and 5.1.

Knox County lawyer Matthew Hollingshead-Cook received a public censure from the Tennessee Supreme Court on Oct. 18, 2023. Hollingshead-Cook received settlement funds from a client and deposited them into his trust account. He then took a break from practicing law but did not give the funds back to the client for more than three years. In another matter, Hollingshead-Cook deposited funds distributed from an estate into his trust account but did not remit the funds to his client for almost two years. The court found that these actions violated Rules of Professional Conduct 1.15, 1.3, 1.4 and 1.16.

Shelby County lawyer Darryl Wayne Humphrey was censured by the Tennessee Supreme Court on Oct. 3, 2023, for failing to comply with conditions imposed on him as part of a suspension on Sept. 25, 2017. His actions were determined to violate Rule of Professional Conduct 8.4(d) and 8.4(g).

Washington County lawyer Brett Nathaniel Mayes received a public censure from the Tennessee Supreme Court on Oct. 17, 2023. The court took the action after finding that Mayes, under the penalty of perjury, falsely stated on two “Statement of Interest” forms from the Tennessee Ethics Commission that he had never filed bankruptcy when he had in fact filed bankruptcy in 2019. Mayes was required to complete the form while serving on a local planning commission. The court determined his conduct violated Rule of Professional Conduct 8.4(c).

Sumner County lawyer Ramsdale O’DeNeal Jr. received a public censure from the Tennessee Supreme Court on Oct. 11, 2023. The court found that O’DeNeal, while representing a client in a criminal matter, accepted a flat fee for services. Later, he requested the client pay an additional $1,000 without receiving informed consent to change the fee. The client paid the fee. During the disciplinary investigation, O’DeNeal refunded the fee. These actions were determined to violate Rules of Professional Conduct 1.5 and 1.8.

Shelby County lawyer Brian Chadwick Rickman received a public censure from the Tennessee Supreme Court on Oct. 11, 2023. The court found that Rickman, while representing a client in a car wreck matter, agreed to a settlement offer from the defendant without his client’s knowledge or approval. Rickman also failed to respond to a disciplinary complaint. His actions were determined to violate Rules of Professional Conduct 1.1, 1.2, 1.3, 1.4, 1.16 and 8.1.

Bedford County lawyer Christopher P. Westmoreland received a public censure on Oct. 18, 2023, from the Tennessee Supreme Court. Westmoreland was hired to probate two estates for the mother and father of his client. Westmoreland agreed to represent the client on both matters for a contingency fee based on the value of the assets in the estates, but he did not get the agreement in writing signed by the client. The court determined that Westmoreland violated Rule of Professional Conduct 1.5.

Board of Judicial Conduct

The Tennessee Board of Judicial Conduct issued a public reprimand to Shelby County Criminal Court Judge A. Melissa Boyd on Oct. 31, 2023. In a letter to Boyd’s attorney, the board stated it was releasing a previously private suspension order as part of the reprimand because Boyd had failed to abide by conditions imposed by the order. Specifically, the May 22 suspension order directed her to undergo a physical, mental health, and/or substance abuse or addiction evaluation by a health care provider approved by the Tennessee Lawyers Assistance Program. Boyd agreed that the private suspension would become public if she failed to comply with the evaluation or any recommended treatment plan. According to the board, she is noncompliant with both conditions. The board also notified Boyd that it would be referring her to the General Assembly for “further action as that body deems appropriate.” Tennessee law requires the board to notify the state legislature after a judge receives two public reprimands.

The Tennessee Board of Judicial Conduct issued a public reprimand to Knoxville Municipal Judge John R. Rosson on Nov. 15, 2023. In a letter to Rosson, the board stated that he violated the Code of Judicial Conduct when he held a campaign event in his courtroom on Oct. 11. The board also said that Rosson took election-related questions from the press during the event, and asked those watching the press conference to vote for him. The board found that Rosson violated Rules of Judicial Conduct 1.2, 1.3 and 3.1(E). Rosson, who had no history of disciplinary issues, accepted the reprimand and took full responsibility for his actions according to the board.

Administrative Suspensions

Notice of attorneys suspended for, and reinstated from, administrative violations — including failure to pay the Board of Professional Responsibility licensing and inactive fees, file the required IOLTA report, comply with continuing legal education requirements, and pay the Tennessee professional privilege tax — is on the TBA website at www.tba.org/administrative_suspensions. |||