REINSTATED

Virginia lawyer Jonathan Morris Barnett was reinstated to the practice of law in Tennessee on Dec. 5, 2024. He had been placed on inactive status more than five years ago, on March 27, 2014. Barnett filed a reinstatement petition. The Board of Professional Responsibility found it to be satisfactory.

The Tennessee Supreme Court transferred the law license of Georgia lawyer Robert Andrew Free to active status on Dec. 27, 2024. Free had been placed on inactive status on Oct. 24, 2024, pending resolution of a disciplinary matter. Prior to being on inactive status, Free was on disability inactive status from fall 2022 to October 2024.

Davidson County lawyer Patricia Rae George was reinstated to the practice of law on Dec. 2, 2024. She had been placed on inactive status more than five years ago, on May 27, 2003. George filed a reinstatement petition. The Board of Professional Responsibility found it to be satisfactory.

The Tennessee Supreme Court has reinstated Florida lawyer Robert John Grubb II to the practice of law in Tennessee. He had been placed on inactive status more than five years ago, on May 1, 2015. Grubb filed a petition for reinstatement and the Board of Professional Responsibility found it to be satisfactory. The court made the reinstatement retroactive to Dec. 27, 2024.

DISABILITY INACTIVE

The Tennessee Supreme Court transferred the law license of Shelby County lawyer Michael Joseph Parks to disability inactive status on Jan. 15. Parks may not practice law while on inactive status but may petition for reinstatement by showing that his disability has been removed.

DISCIPLINARY

Disbarred

The Tennessee Supreme Court permanently disbarred Johnson County lawyer and former general sessions judge Perry Lee Stout from the practice of law on Jan. 17. Stout was temporarily suspended on Feb. 28, 2024, after pleading guilty to the commission of two felonies: conspiracy to possess with intent to sell not less than 10 or more than 70 pounds of marijuana and money laundering. He was sentenced to an effective eight year sentence in May 2024. In imposing disbarment, the court found that Stout knowingly violated Tennessee Rules of Professional Conduct 8.4 (a), (b), (c) and (d) when he purchased illegal drugs and participated in illegal drug trafficking.

Suspended

On Jan. 14, the Tennessee Supreme Court suspended White County lawyer John Edward Hutson from the practice of law for two years, with six months to be served on active suspension and the remainder on probation. The court conditioned the probation on compliance with a Tennessee Lawyers Assistance Program (TLAP) contract and the engagement of a practice monitor for six months following reinstatement. The suspension was imposed in response to one complaint that Hutson knowingly provided financial assistance to a client; entered into a business transaction with the client to obtain services for repayment of the funds; and made overtures and requests for a personal relationship with the client, which materially limited his representation of the client and was prejudicial to the administration of justice. The court determined that these actions violated Tennessee Rules of Professional Conduct 1.7(a)(2), 1.8 and 8.4(a) and (d).

The Tennessee Supreme Court immediately suspended Hamilton County lawyer Alan Christopher Norton from the practice of law on Dec. 16, 2024, until further order. The court took the action after it found that Norton posed a threat of substantial harm to the public. The suspension will remain in effect until dissolution or modification by the court. Previous reporting indicated that Norton was charged with forgery after an investigation found he allegedly forged a judge’s signature on court documents.

Censured

The Tennessee Supreme Court censured Hamilton County lawyer Cindy Powell Bice on Jan. 14. The court reports that while representing a client in a child support modification case, Bice disclosed confidential information and failed to withdraw from representation in a timely manner in violation of Rules of Professional Conduct 1.6(a), 1.9(c) and 1.16(a)(3) and (d). After the client posted a negative online public Google Review of Bice’s legal services, Bice posted a public response with detailed confidential information about the client, including references to payment for legal services, a contempt action for failure to pay child support, the client’s disability, the hearing date and attorney-client communications. The court also found that between 2015 and 2023, Bice posted online responses to four negative client reviews, revealing confidential information about former clients’ representation, including disclosure of fee amounts paid, legal advice given, actions/inactions by the clients, and other information. In addition to the censure, the court ordered Bice to complete three extra hours of CLE about client confidentiality and online/social media use within 90 days.

The Tennessee Supreme Court censured Rutherford County lawyer Kirk D. Catron on Jan. 14. Catron represented a client in a child support modification and did no work on the matter for 14 months. He then recommended the client settle the matter, and he provided a proposed order for the client’s review which included a blank child support worksheet. The client declined to agree until he saw proof of income of the mother. The next day, however, Catron entered the order without notifying his client or providing a copy to him. These actions violated Rules of Professional Conduct 1.2, 1.3, 1.4, 3.2 and 8.4(d).

Georgia lawyer Robert Andrew Free received a public censure from the Tennessee Supreme Court on Dec. 19, 2024. Free represented a client in an immigration application to the U.S. Citizenship and Immigration Service (USCIS). A request for evidence was sent to Free’s office from USCIS, but he did not respond and did not send the request to his client. A decision was issued in the matter and sent to Free’s office a few months later, and he did not inform his client of the decision. Three years later, Free’s neglect was discovered, and he cooperated with the client’s subsequent attorney in seeking to reopen the immigration application. The court found these actions violated Rules of Professional Conduct 1.3, 1.4 and 8.4(d).

Shelby County lawyer Myra Ann Hamilton on Jan. 6 received a public censure from the Tennessee Supreme Court. Hamilton represented a client in a discrimination matter, during which she filed pleadings containing non-meritorious claims and disclosed confidential client information in support of her request to withdraw. Hamilton entered a conditional guilty plea acknowledging her conduct violated Rules of Professional Conduct 1.6 and 3.1.

The Tennessee Supreme Court issued a public censure to Montgomery County lawyer Cleo Greer Hogan on Jan. 8. Hogan represented two clients in pursuing social security disability benefits when he received notice from the Social Security Administration of the denial of each client’s request for reconsideration of their claims. The court found that due to inadequate case management protocols, Hogan missed the appeal deadline for both clients. After discovering the error, Hogan told both clients that their only option was to file a new application rather than advise the clients that he could request a good cause extension of the appeal deadline. The court determined that these actions violated Rules of Professional Conduct 1.3, 1.4, 5.1, 5.3 and 8.4.

On Jan. 6, Carter County lawyer Jason Lee Holly received a public censure from the Tennessee Supreme Court. Holly represented one client in a custody case, another client in a breach of contract case and a third client in a criminal case. In all three cases, the court found that he failed to take proper action on behalf of his clients, failed to communicate with his clients and failed to make reasonable efforts to expedite litigation. The court also found that Holly failed to respond to requests for information from disciplinary counsel and did not refund fees to any of his three clients. The court found that these actions violated Rules of Professional Conduct 1.1, 1.3, 1.4, 1.5, 1.15, 3.2, 3.4, 8.1 and 8.4. Additionally, as a condition of the censure, Holly must refund a total of $5,500 in attorney’s fees within 60 days. In a separate action, the court temporarily suspended Holly from the practice of law on Oct. 28, 2024, for failing to respond to three disciplinary complaints. On Jan. 3, Holly filed a petition to dissolve the temporary suspension. On Feb. 13, a panel of the Board of Professional Responsibility recommended dissolution of the temporary suspension and Holly was reinstated to the practice of law on Feb. 18.

The Tennessee Supreme Court issued a public censure to Kentucky lawyer Darren Craig Lamb on Jan. 8. A complaint was filed by an individual formerly in a romantic relationship with Lamb. Following the end of the relationship, the individual sought and was granted a temporary order of protection. The court found that Lamb violated the order by repeatedly contacting the individual, including posting notice of a suit for nonpayment of a personal loan on the individual’s front door. The suit was never filed but Lamb completed the section of the form normally filled out by the court clerk’s office to create the false impression that a suit was pending. Lamb was charged with harassment, stalking and contempt charges. He entered a no contest plea and received judicial diversion. The court determined that his actions violated Rules of Professional Conduct 4.1 and 8.4(b), (c), (d) and (g). The court conditioned the censure on compliance with a Tennessee Lawyers Assistance Program (TLAP) monitoring agreement.

Grundy County lawyer Russell Shane Mainord received a public censure from the Tennessee Supreme Court on Jan. 29. Mainord represented three separate clients in immigration cases. Complaints against him included that he failed to provide a client with a copy of his files after being terminated, failed to take proper action on behalf of his clients when he failed to file court documents, and failed to exercise managerial and supervisory authority over his nonlawyer staff, which caused a delay in the proceedings. The court determined that these actions violated Rules of Professional Conduct 1.1, 1.3, 1.4, 1.15, 1.16, 3.2, 5.1 and 5.3. In addition to the censure, the court directed Mainord to refund $1,700 in attorney fees to the first client, $4,000 in attorney fees to the second client and $3,500 in attorney fees to the third client.

The Tennessee Supreme Court censured Michigan attorney Alexander Robert Starr on Jan. 14. The court reports that Starr was authorized to practice in Tennessee while his application for comity admission was pending. Starr did not file motions for pro hac vice admission in at least six criminal cases in Henderson County over the course of five months as required under Rule 7. The court found that these actions violated Rule of Professional Conduct 5.5.

Texas lawyer Nuru Witherspoon received a public censure from the Tennessee Supreme Court on Jan. 21. Witherspoon, through two non-lawyer independent contractors employed by his law firm, unlawfully solicited Tennessee families while they were planning funerals in connection with the death of a child in Memphis and with the Woodmore Elementary school bus crash that occurred in Chattanooga. Witherspoon’s contracted employees targeted communication to the victims’ families within 30 days of the accidents, engaging in five acts of solicitation in violation of the Unauthorized Practice of Law Statute and one act of a non-lawyer falsely advertising or holding himself out as a lawyer in violation of the law. The court found that Witherspoon ordered or knew about the employees’ conduct and failed to take reasonable remedial action to correct it; was aware of and responsible in his supervisory role for the contract employees’ conduct; and acted in common enterprise with the contract employees in committing unfair or deceptive practices. Witherspoon violated Rules of Professional Conduct 5.3(c), 7.3(a) and (b) and 8.4(a) and (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 tlfcp.tn.gov/news.

The board approved a claim against Knox County attorney Christopher Shawn Roberts in the amount of $2,405.50 on Dec. 17, 2024. It also directed Roberts to reimburse the fund for the expense. |||