REINSTATED

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

• Shelby County lawyer Joann Nicholson Bell, Sept. 12
• Georgia lawyer Timothy Minthorn Klob, Aug. 14
• Kentucky lawyer Joy Jaye Minner, Aug. 14

The  Tennessee Supreme Court on Sept. 18 reinstated Connecticut lawyer Jason Russell Buckley to the active practice of law. On Aug. 8, the court imposed a one-year suspension on Buckley — retroactive to Sept. 7, 2023 — based on imposition of the same discipline by the Maine Supreme Judicial Court. Maine took the action in September 2023 after Buckley requested CLE credit for two webcast seminars that occurred simultaneously. On April 8, the Tennessee court asked Buckley to file an answer as to why it should not apply the same discipline. Buckley filed a response on May 6 but the court rejected his arguments.

Hamilton County lawyer Arthur C. Grisham was reinstated to the practice of law on Aug. 15. He had been temporarily suspended by the Tennessee Supreme Court on April 29 for failing to respond to the Board of Professional Responsibility about a misconduct complaint. The court noted that after Grisham provided a response, the board recommended reinstatement of his license.

Florida lawyer April Elaine Rolle was reinstated to the practice of law in Tennessee effective July 25. According to the Tennessee Supreme Court, Rolle filed a petition for reinstatement demonstrating that all delinquent annual registration fees had been paid to the Board of Professional Responsibility. The court issued the order on Aug. 20.

Mississippi lawyer Louis Collins Walker was reinstated to the practice of law in Tennessee on Sept. 5, retroactive to Aug. 28. Walker had been placed on inactive status on Jan. 16, 2019. The Board of Professional Responsibility determined that the reinstatement petition was satisfactory.

DISABILITY INACTIVE

The following lawyers had their law licenses transferred to disability inactive status. They may not practice law while on inactive status. They may seek reinstatement by the Tennessee Supreme Court after showing that the disability has been removed.

• Marion County lawyer Howard Graham Swafford Jr., Aug. 5
• Sevier County lawyer Andrew Nicholas Wilson, Sept. 26
• Hamilton County lawyer Walter Francis Williams, Sept. 13

Suspended

The Tennessee Supreme Court suspended the law license of Davidson County lawyer Mickie Smith Daugherty on Aug. 20 after finding she failed to respond to the Board of Professional Responsibility about a complaint and posed a threat of substantial harm to the public. The court reported that the complaint alleged misappropriation of funds. Daugherty is immediately precluded from accepting any new cases and must cease representing existing clients by Sept. 19. The court also issued an order allowing documents in the case to be filed under seal.

Knox County lawyer Jonathan William Doolan was temporarily suspended from the practice of law on Sept. 19 after the Tennessee Supreme Court found that he failed to comply with a Tennessee Lawyers Assistance Program monitoring agreement. Doolan must immediately stop accepting new cases and cease representing existing clients by Oct. 19. The suspension will remain in effect until dissolution or modification by the court. The court also issued an order approving documents in the case to be filed under seal.

On Aug. 14, the Tennessee Supreme Court suspended Shelby County lawyer Larry E. Fitzgerald from the practice of law for four years, with the first two years to be served on active suspension and the remainder on probation. The court took the action based on 12 separate complaints filed by clients. It found that Fitzgerald failed to communicate reasonably with clients, diligently perform work necessary for representation, properly maintain client funds in an IOLTA trust account, keep accurate accounting of funds kept in trust, return unearned client fees, properly conclude representation of clients, and respond to requests for information from the Board of Professional Responsibility. Fitzgerald agreed to a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 1.3, 1.4, 1.5, 1.15, 1.16 and 8.1(b).

The Tennessee Supreme Court on Sept. 16 temporarily suspended Grace Ingrid Gardiner of Tampa, Florida, after she was temporarily suspended from the practice of law by the Minnesota Supreme Court on June 20. On Aug. 15, the Tennessee court asked Gardiner to file an answer as to why it should not apply the reciprocal discipline. Gardiner filed a response on Sept. 13 acknowledging no grounds specified in Tenn. Sup. Ct. R. 9, Section 25.4 existed.

The Tennessee Supreme Court on Oct. 7 suspended Knox County lawyer Loring Edwin Justice for one year. The court found that while he was representing a client in a workers’ compensation matter, Justice failed to communicate reasonably with his client and failed to act diligently to provide the legal services for which he was retained. His actions were determined to violate Tennessee Rules of Professional Conduct 1.3 and 1.4.

Greene County lawyer Francis Xavier Santore Jr. was immediately suspended from the practice of law on Sept. 26 after the Tennessee Supreme Court found he posed a threat of substantial harm to the public. The court also directed Santore to undergo an examination by a qualified medical or mental health expert to assess his capacity and fitness to practice law, and execute a written release allowing the Tennessee Lawyers Assistance Program to share information about his case with the Board of Professional Responsibility. Finally, the court directed Santore to provide a number of items related to previous psychological evaluations.

Censured

Schyler M. Cox was censured by the Tennessee Supreme Court on Oct. 3 for falsely claiming her work hours. At the time of the violation, Cox was working remotely from South Carolina for a company that places attorneys to work in full-time positions as in-house counsel. The company required employees to submit weekly timesheets confirming completion of required hours. During a seven-week period, Cox was unable to complete any work due to personal issues, but submitted timesheets falsely claiming she worked the required hours. Her actions were determined to violate Rules of Professional Conduct 8.4(b), 8.4(c) and 8.4(d).

The Tennessee Supreme Court on Aug. 6 issued a public censure with conditions for Chattanooga attorney Shaheen Iltaf Imami. On April 10, the state of Michigan imposed a public reprimand on Imami conditioned on successful completion of two practice management trainings. Michigan found that Imami failed to preserve complete records of account funds for a period of five years; promptly deliver funds owed to his client or third party; promptly render a full accounting; hold property of clients or third parties separate from his own funds; deposit all client or third party funds in an appropriate IOLTA or non-IOLTA account; and/or appropriately safeguard other property. The court also found that he engaged in conduct prejudicial to the administration of justice and exposing the legal profession to obloquy, contempt, censure or reproach in violation of Michigan Rules of Professional Conduct. On May 8, the Tennessee Supreme Court directed Imami to respond why the discipline imposed in Michigan should not also be imposed in Tennessee. The court reports that Imami did not respond.

Davidson County lawyer John Benneth Iwu received a public censure from the Tennessee Supreme Court on Oct. 7. The court found that Iwu agreed to the setting of a criminal court hearing on a particular date and then failed to attend the hearing. He also failed to advise his client of the date, which led to his client failing to attend the hearing. Iwu agreed to a conditional guilty plea acknowledging that his conduct violated Rules of Professional Conduct 1.4, 3.2, 3.4(c) and 8.4.

Shelby County lawyer Cynthia Jeanne Tobin received a public censure from the Tennessee Supreme Court on Oct. 3. As a certified estate planning specialist, Tobin provided estate planning services for a client, including drafting multiple living trusts. At the client’s request, Tobin listed herself as the beneficiary of a gift of $30,000 and a necklace. The court found that Tobin did not advise the client of ethics restrictions against such a bequest and did not decline to represent the client to avoid ethical issues. Instead, she listed her law partner as the drafter of the documents without his knowledge. Her actions were determined to violate Rules of Professional Conduct 1.8(c), 1.16(a)(1), 2.1, 4.1(a) and 8.4(c).

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.

TENNESSEE LAWYERS’ FUND FOR CLIENT PROTECTION

The Tennessee Lawyers’ Fund for Client Protection was established by the Tennessee Supreme Court to reimburse individuals for losses caused by dishonest conduct by attorneys. The fund is operated by a board, which meets quarterly to consider claims. In September 2022, the Tennessee Supreme Court amended Rule 25 to require the fund to notify the Tennessee Bar Association of claims paid. News releases also are posted online at https://tlfcp.tn.gov/news.

The Tennessee Lawyers’ Fund for Client Protection recently paid out two claims:

On Sept. 5, the fund paid a $39,585 claim filed against Anderson County attorney Kevin Carmack Angel and directed him to reimburse the expense.

On Oct. 2, the fund approved a claim against Roane County attorney Eric John Montierth in the amount of $4,700 and directed Montierth to reimburse the expense. |||