REINSTATED

• California lawyer Emily D. Fulham
• Indiana lawyer Carla Sheree Johnson
• Shelby County lawyer Brian Kirk Kelsey
• Georgia lawyer Stephen William Mooney
• Davidson County Lawyer Anne-Marie Moyes
• Mississippi lawyer Brian Henry Neely
• Shelby County lawyer Archie Sanders III
• Georgia lawyer Sarah Medley Smith
• Shelby County lawyer Gerald Denny Waggoner Jr.

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.

• Davidson County lawyer Sornavidya Saba Sankar
• Anderson County lawyer of Steven R. Seivers

The Tennessee Supreme Court on Sept. 4 denied a petition from Hamilton County lawyer Arthur C. Grisham to transfer his law license to disability inactive status. The court said that Grisham failed to establish that any age-related or physical infirmity or illness makes it impossible for him to respond to or defend against an ethics complaint against him. Grisham is currently suspended from the practice of law for five years effective May 13.

DISCIPLINARY
Suspended

On Sept. 24, the Tennessee Supreme Court suspended Jonathan Mark Benfield from the practice of law for six years with five years to be served on active suspension and the remainder on probation subject to the appointment of a practice monitor. As a prerequisite to seeking reinstatement, Benfield must report to the Tennessee Lawyers’ Assistance Program within 30 days of the suspension order, attend the Board of Professional Responsibility’s ethics workshop, take and receive a passing score on the Multistate Professional Responsibility (MPRE) exam, provide restitution in the amount of $103,080 and pay all costs. The court also publicly censured Benfield. The court found that Benfield, while acting as power of attorney, took advantage of his mother, abused his fiduciary relationship with his mother as power of attorney, failed to comply with court rules and knowingly violated his duties as a professional. It also found that Benfield practiced law while suspended and failed to comply with a court order. His actions were determined to violate Tennessee Rules of Professional Conduct 1.3, 1.4, 1.5, 1.14, 1.15, 3.4(c), 5.5 and 8.4(a), (b) and (c).

On Aug. 15, Hamilton County lawyer Steven Michael Hodgen was suspended from the practice of law for six years, with five years to be serve on active suspension and the remainder on probation. The Tennessee Supreme Court conditioned probation on the appointment of a practice monitor. The action was taken after the court found that Hodgen indicated in court pleadings that he represented a party he had never spoken with, prejudiced the rights of a third party, and failed to reasonably communicate with the client, act in a diligent manner, expedite the client’s litigation, timely respond to dispositive motions, and discuss the case and filings with the complainant. His actions were determined to violate Tennessee Rules of Professional Conduct 1.1, 1.2, 1.3, 1.4, 3.2, 3.3, 3.4(d) and 8.4(a), (c), and (d).

Knox County lawyer Ray Hal Jenkins was suspended from the practice of law on Aug. 18 for two years. The Tennessee Supreme Court found that Jenkins committed professional misconduct by consuming alcohol on several occasions while performing his duties as judicial magistrate for the county. His actions were determined to violate Tennessee Rules of Professional Conduct 8.4.

The Tennessee Supreme Court on Sept. 19 affirmed the suspension of Davidson County attorney James B. Johnson for disclosure of confidential client communications. The violations stemmed from Johnson’s representation of a client in a divorce proceeding in Shelby County beginning in February 2021. At some point, Johnson and his client began to have disagreements regarding his performance and decisions. Johnson filed a motion to withdraw from representation in March 2021. In support of that motion, Johnson attached emails between him and his client that discussed the scope of his representation, legal opinions and advice, his client’s position on matters at issue in the case, and personal insults between the two. The client then filed a complaint with the Board of Professional Responsibility (BPR), which filed a formal disciplinary petition. The BPR alleged that Johnson disclosed the confidential communications without his client’s permission and recommended that he be suspended from the practice of law for three months, with 30 days to be served on active suspension and the remainder on probation. The BPR also recommended that he complete six additional continuing legal education hours. Johnson appealed to discipline first to the Davidson County Circuit Court and then to the state Supreme Court, both which upheld the suspension. Read the court’s decision or a press release from the BPR.

The Tennessee Supreme Court on Aug. 29 suspended Rutherford County attorney Andre Chase Rabideau from the practice of law for seven years after a hearing panel of the Board of Professional Responsibility (BPR) concluded that Rabideau failed to represent clients in a diligent manner, communicate with clients regarding the status of their case, inform clients of his administrative suspension and withdraw from representation. The court also found that Rabideau repeatedly made misrepresentations to clients concerning court dates and filings with the court; misrepresented the status of his license to a court; engaged in the unauthorized practice of law; accepted fees but failed to provide the professional services for which he had been retained; and abandoned representation of clients without notice to clients or permission of the court. These actions were determined to violate Tennessee Rules of Professional Conduct 1.1, 1.3, 1.4, 1.5, 1.15, 1.16, 3.2, 3.4, 5.5, 8.1(b), and 8.4(c), (d) and (g). The court imposed the following conditions on any reinstatement: completing a practice and professional enhancement program, completing any requirements imposed by the Tennessee Lawyer Assistance Program and paying restitution payments to four former clients. After reinstatement, Rabideau also must engage a practice monitor for two years.

The Tennessee Supreme Court on Sept. 16 suspended Connecticut lawyer Wesley Shelman Spears from the practice of law in this state for one year. The suspension will be served consecutive to a two-year suspension Spears is currently subject to, according to a press release from the court. The court took the action after the State of Connecticut Superior Court imposed a one-year suspension on Spears on April 3. The Tennessee court notes that it gave Spears the opportunity to explain why reciprocal discipline should not be imposed but he did not respond to the request.

Censured

Wilson County lawyer Kyle Bates Heckman received a censure from the Tennessee Supreme Court on Oct. 20. The court took the action after determining that Heckmen violated Rules of Professional Conduct 1.3, 1.4, 3.2, 3.4 and 8.4(d). Heckman was hired to probate a client’s late husband’s estate. He filed a petition to probate the estate and then took no further action for five years despite statements to the client that he would do so. In another client matter, Heckman failed to take steps to probate a client’s father’s estate for five months, and failed to respond to 17 emails and multiple voicemails from the client.

The Tennessee Supreme Court imposed a public censure on Cheatham County lawyer Terrance Earl McNabb on Sept. 18. The court reports that after McNabb was hired to file a child custody modification with the Robertson County Juvenile Court, he failed to assert multiple constitutional claims that may have resulted in a temporary order being thrown out. McNabb also failed to raise a claim for failure to prosecute and for the father’s lack of parentage being established, which could have resulted in an immediate return of custody to his client. These actions violated Rules of Professional Conduct 1.1, 1.3, 1.4(a) and 8.4(d).

The Tennessee Supreme Court on Oct. 9 imposed a public censured on Fayette County lawyer Leslie Adkins Miller. The court found that while Miller was representing a client whose parental rights were terminated, she failed to timely file documents required by the court. This failure resulted in the client’s appeal being dismissed. The court found that Miller’s action violated Rules of Professional Conduct 1.3 , 3.2, 3.4 and 8.4(d).

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 Tennessee Lawyers’ Fund for Client Protection on Sept. 2 paid out one claim of $1,100 filed against Sullivan County lawyer Samuel Ervin White. |||