REINSTATED

Texas lawyer Chasity Halford Balfour was reinstated to the practice of law in Tennessee on July 30. The Tennessee Supreme Court reports that she was placed on inactive status more than five years ago, on April 1, 2011, but now has satisfied all outstanding requirements for reinstatement.

Washington County lawyer Stephen Thomas Russell Martin was reinstated to the practice of law on July 23. The Tennessee Supreme Court reports that Martin was placed on inactive status more than five years ago, on Dec. 20, 2013, and has satisfied all outstanding requirements for reinstatement.

California lawyer Dale Gerard Nowicki was reinstated to the practice of law in Tennessee on July 14. He had been suspended by the Tennessee Supreme Court for two years with 90 days to be served on active suspension — retroactive to Jan. 6, the date of suspension in California — and the remainder on probation. Nowicki filed a petition for reinstatement on June 6. The Board of Professional Responsibility reported that the petition for reinstatement was satisfactory. The reinstatement is conditioned on Nowicki’s continuing compliance with, and timely satisfaction of, conditions set forth by the Supreme Court of California.

Davidson County lawyer Carrie Archie Russell was reinstated to the practice of law on July 14 after being on inactive status since March 15, 2012. The Board of Professional Responsibility reported that the petition for reinstatement was satisfactory, and the Tennessee Supreme Court adopted the order on July 15. Earlier the court had directed Russell to complete outstanding requirements with the Tennessee Commission on Continuing Legal Education (CLE) prior to reinstatement.

Florida lawyer Jessica Rose Sievert was reinstated to the practice of law in Tennessee on July 7 after being on inactive status since May 20, 2015. The Board of Professional Responsibility reported that the petition for reinstatement was satisfactory, and the Tennessee Supreme Court adopted the order on July 10.

Mississippi lawyer Justin Wade Sweat was reinstated to the practice of law in Tennessee on June 11. He had been on inactive status since May 14, 2018. The Board of Professional Responsibility reported that his petition for reinstatement was satisfactory. The Tennessee Supreme Court issued the order on June 13.

DISCIPLINARY
Disbarred

The Tennessee Supreme Court permanently disbarred Sumner County lawyer Andy Lamar Allman from the practice of law on July 11 and ordered him to pay restitution to certain complainants and all costs incurred by the Board of Professional Responsibility (BPR). The court found that Allman failed to provide competent and diligent representation to complainants; failed to keep them informed about their respective cases; charged certain clients an unreasonable fee; engaged in the unauthorized practice of law while suspended; failed to respond to the BPR regarding disciplinary complaints; failed to notify clients of his suspension from the practice of law; and engaged in conduct involving dishonesty, fraud, deceit or misrepresentation while representing clients. Allman filed a petition for review, which the trial court dismissed with prejudice. The court found that Allman’s conduct violated Tennessee Rules of Professional Conduct 1.1, 1.3, 1.4, 1.5, 1.16, 5.5, 8.1 and 8.4. In 2018, Allman was disbarred in June and again on July 13 and July 30. In 2023, the Supreme Court rejected a motion from the BPR seeking additional information in its disciplinary investigation, directing it only to determine the extent of final discipline to be imposed.

The Tennessee Supreme Court permanently disbarred Hamilton County lawyer Alan Christopher Norton from the practice of law on June 4. The court reports that Norton consented to disbarment because he could not successfully defend himself against the disciplinary charges. The court found that Norton forged a chancellor’s signature on three court orders, forged the name of a Tennessee attorney on a fake motion, and forged a deposition transcript he provided to his client. These actions violated Rules of Professional Conduct 1.4, 8.4(b) and 8.4(c). The court had suspended him temporarily on Dec. 16, 2024, finding that he posed a threat of substantial harm to the public.

Suspended

Shelby County lawyer Mary Kathryn Kent was suspended from the practice of law on July 15 after the Tennessee Supreme Court found that she failed to respond to the Board of Professional Responsibility about a misconduct complaint. She immediately is precluded from accepting any new cases and must cease representing existing clients by Aug. 14.

The Tennessee Supreme Court suspended Rutherford County lawyer Jared Michael Streich from the practice of law on June 13 for six years, with five years to be served on active suspension and the remainder on probation. The discipline is conditioned on Streich paying restitution to two former clients and, if reinstated, the appointment of a practice monitor. The court took the action after determining that Streich failed to reasonably communicate with his clients, act in a diligent manner, expedite litigation, act competently, comply with requirements for a suspended attorney and return client property. The court also found that he charged an unreasonable fee and provided false information to the Board of Professional Responsibility. These actions violated Tennessee Rules of Professional Conduct 1.1, 1.3, 1.4, 1.5, 1.15, 1.16, 3.2, 3.4 and 8.4.

On June 26, the Tennessee Supreme Court suspended Sullivan County lawyer Samuel Ervin White from the practice of law for five years, with two years to be served on active suspension and the remainder on probation. The court also ordered White to pay restitution to clients and engage a practice monitor. Complaints against White alleged that he failed to reasonably communicate with his clients, act in a diligent manner, expedite client litigation, timely respond to discovery requests and withdraw from representation following suspension. He also was accused of charging non-refundable fees, comingling client assets and misappropriating client funds. He agreed to a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 1.3, 1.4, 1.5, 1.16, 3.2, 3.4(c), 4.1 and 8.4(a)(d).

Censured

Maury County lawyer William Clark Barnes Jr. received a public censure from the Tennessee Supreme Court on July 24. The court found that he violated Rules of Professional Conduct 3.3, 3.4 and 8.4 while representing a juvenile at a detention hearing in juvenile court. As part of the hearing, the parties were looking for viable options to place the juvenile as an alternative to detention. Barnes eventually was able to secure placement for the juvenile with a family member and informed the magistrate there was an agreement between the parties for placement of the juvenile. However, Barnes had not discussed the placement with the opposing attorney. He then signed the opposing attorney’s name to the judge’s order without authorization.

DeKalb County lawyer Lena Ann Graves Buck was publicly censured on July 9 by the Tennessee Supreme Court. Buck provided consultation regarding a workers’ compensation case to a client. Despite the client not signing a retainer agreement nor paying an attorney fee, Buck met with the client on three occasions during which she provided legal advice. Buck discussed the workers’ compensation issue with the client at two of the meetings, but did not apprise the client of a statute of limitations deadline. Over the next three years, Buck represented the client on a disability claim, though the client believed Buck also was handling the workers’ compensation matter. The client did not discover the statute of limitations had passed until several years later. In addition to these findings, the court determined that Buck entered into a business transaction with the client without first advising the client in writing of the desirability of seeking, or giving a reasonable opportunity to seek the advice of, independent legal counsel. The court found that these actions violated Rules of Professional Conduct 1.1, 1.3, 1.4, 1.8(a)(2) and 8.4(d).

The Tennessee Supreme Court issued a public censure to Davidson County attorney Zachary Ty Carden on July 9. The court found that Carden, while representing a client in a contested divorce action, failed to take proper action to submit his client’s discovery responses, resulting in the entry of a judgment against his client for opposing counsel’s fees. After the divorce action settled through mediation, the court found that Carden failed to take action to facilitate entry of the final divorce decree and did not respond to his client’s requests for information, delaying finalization of the divorce action. These actions were determined to violate Rules of Professional Conduct 1.3, 1.4 and 3.2.

The Tennessee Supreme Court on July 28 issued a censure to Davidson County attorney Terry Renease Clayton. The court found that Clayton engaged in the unauthorized practice of law between Jan. 22, 2024, and Feb. 22, 2024, while his license was suspended for failure to timely pay his annual registration fees and/or submit certification that all eligible funds are held in an IOLTA account. Clayton entered a conditional guilty plea admitting his conduct violated Tennessee Rules of Professional Conduct 5.5 and 8.4(a). He is responsible for board costs and Tennessee Supreme Court fees.

Knox County lawyer Jonathan William Doolan received a public censure on July 15 after the Tennessee Supreme Court found that he violated Rules of Professional Conduct 1.1, 1.3, 1.16, 3.2, 3.4, 8.1 and 8.4. According to the court, Doolan filed a lawsuit for a client in Knox County Circuit Court. An answer was filed, but he took no further action. Three years later, the trial court issued notice of a trial date. Doolan did not appear at the scheduled trial. Neither the court nor opposing counsel were aware that his law license had been suspended.

DeKalb County lawyer Robert Andrew Free received a public censure from the Tennessee Supreme Court on July 24. The court found that he violated Rules of Professional Conduct 1.3, 1.4, 1.15 and 1.16 while representing a client in immigration court. Free agreed to assist the client in the filing of a U visa but failed to clearly communicate or document that agreement. That left the client with the inaccurate impression that Free was providing the service. The court also found that Free failed to file the appropriate paperwork, failed to communicate with the client throughout the representation, and either lost or misplaced the client’s file. He was never able to provide her with a copy of her file.

Knoxville attorney Mark Steven Graham was censured by the Tennessee Supreme Court on July 29 for writing a check from his trust account to pay an office expense. The court also found that five months later, three automated withdrawals were attempted from the trust account, one of which was successful. Graham’s law license was suspended in 2022 and the court denied his petition to dissolve the suspension in 2024. Despite the suspension, Graham failed to deactivate his office website for at least 20 months and his social media incorrectly indicated for at least 34 months that his law license was active. His actions were determined to violate Rules of Professional Conduct 1.15, 7.1, 3.4 and 8.4(g).

On June 25, Davidson County lawyer Robert Greene received a public censure from the Tennessee Supreme Court. While representing clients in defense of a lawsuit, Greene made an error in calendaring the trial date, which led him and his clients to not appear for trial and the court to enter a default judgment. The Supreme Court found that Greene was not forthright in subsequent communications with the clients about missing the trial date. He then filed a motion to set aside the default judgment. The court found that the motion was frivolous as it was untimely filed and did not recite any legal authorities to support tolling of the statutory deadline. In an affidavit, Greene falsely claimed that the trial date was missed due to confusion with opposing counsel. He later filed a motion to withdraw that falsely claimed the clients had failed to provide certain documentation. He then paid a significant portion of the judgment out of personal funds, without prior notice or consent from his clients. These actions were determined to violate Rules of Professional Conduct 1.1, 1.2(a), 1.3, 1.4, 1.8(e), 1.16(d), 3.1, 3.3(a)(1) and 8.4.

On July 3, Shelby County lawyer Darryl Wayne Humphrey received a public censure from the Tennessee Supreme Court. The court found that after taking over representation of a personal injury client in a colleague’s absence, Humphrey negligently failed to file all discovery responses and reply to opposing counsel’s discovery inquiries. This led to a motion to compel being filed against the client. Humphrey then failed to notify the client of the motion and of the subsequent court ruling that the client pay the opposing party’s attorney fees. The court also found that the failure to maintain communication with opposing counsel resulted in injury or potential injury to the client. These actions were determined to violate Rules of Professional Conduct 1.3, 1.4(a) and 8.4(d).

Shelby County lawyer Ashley Satterfield Patterson received a censure from the Tennessee Supreme Court on July 29. The court found that when Patterson testified in court on April 22, 2022, concerning a personal matter relating to a parenting plan, she lied under oath. Her actions were determined to violate Rules of Professional Conduct 3.3 and 8.4.

Wayne County lawyer Joshua Howard Polk received a public censure from the Tennessee Supreme Court on July 9. After agreeing to represent clients in a water rights case, a third party joined the litigation. Polk determined that a conflict of interest was created by the new party, which mandated his withdrawal. While the court said it was reasonable for Polk to help his clients identify subsequent counsel, it found that he waited 14 months to withdraw. This resulted in unnecessary delay in the litigation, halting progress on the case and postponing a hearing on the opposing party’s motion for summary judgment. The court determined that his actions violated Rules of Professional Conduct 1.3, 1.7(a)(2), 1.16(a). 3.2 and 8.4(d).

Carter County lawyer Carl Allen Roberts Jr. received a censure from the Tennessee Supreme Court on July 21 for violating Rules of Professional Conduct 1.3, 1.4, 1.15, 1.16, 3.2 and 8.4(d). The court found that Roberts informed a client in writing that he would file a petition for contempt against the opposing party, but failed to respond to eight communications from the client; received a cash retainer from a client but took the cash to his home for 39 days before returning it to the firm’s trust account; and failed to appear at a scheduled mediation without notice to his client, the mediator or opposing counsel.

Kentucky lawyer Michael James Thompson received a public censure from the Tennessee Supreme Court on July 9. The court found that while representing a client in a custody proceeding, Thompson exchanged sexualized communications with the client, which created a conflict of interest. The court also determined that Thompson communicated with the client about the custody proceeding through Instagram messaging, which did not include any privacy controls. It imposed the censure in Tennessee for violations of Kentucky Rules of Professional Conduct 1.6 (protecting confidential information) and 1.7(a)(2) (concurrent conflict of interest).

Davidson County lawyer Mitchell Ray Miller received a public censure from the Tennessee Supreme Court on July 14. The court found that Miller violated Rules of Professional Conduct 1.3 and 1.4 when he failed to respond to four communications from a client over the course of a month. The client had paid a fee of $2,996.50 to hire Miller to probate an estate. The client met with Miller, but Miller never filed the petition to probate the estate. The client ultimately hired new counsel. In addition to imposing the censure, the court directed Miller to make restitution to the client in the amount of $2,996.50.

ADMINSTRATIVE 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. |||