REINSTATED

Kennesaw, Georgia, attorney Ben A. Coleman was reinstated to the practice of law on Oct. 7. He had been placed on inactive status on Feb. 1, 2010.

DISCIPLINE

Censured
Roane County lawyer Michael Anthony Guth was censured on Oct. 14 after the Tennessee Supreme Court found that he engaged in conduct that was prejudicial to the administration of justice and involved dishonesty, fraud, deceit and misrepresentation. Guth filed suit against an individual who then retained counsel and contested the suit. Guth nonsuited the action and refiled in another county where venue was improper. He named two defendants in the refiled suit: the defendant from the original suit and one of his business associates, both as individuals and as a partnership. The defendant and the alleged business associate, however, did not have written or verbal partnership agreement and did not refer to their relationship as a partnership. Guth promised the business associate that he would indemnify him, but later withdrew that offer. He then obtained a default judgment against the partnership and the business associate. He claimed that the partnership had been served through service on the business associate but did not attempt service on the original defendant or provide notice to his counsel. Guth did not advise the court about the prior lawsuit, the fact that no partnership agreement existed, or that the defendant in the original suit had not been served. He then attempted execution of the judgment against the assets of the defendant in the original suit. The court determined that these actions violated Rules 3.1, 3.3, 4.1(a), 4.3, 8.4(c) and 8.4(d).

Wilmington, North Carolina, lawyer Jerry Dell Holmes, was censured on Oct. 14 after the Tennessee Supreme Court found that he did not maintain adequate bookkeeping procedures and failed to properly train and supervise non-lawyer staff, which resulted in numerous overdrafts of his trust accounts. His actions were determined to violate Rules of Professional Conduct 1.15 and 5.3.

Davidson County lawyer James Daniel Marshall was censured on Oct. 14 after the Tennessee Supreme Court found that he did very little work on a personal injury case after filing suit and failed to keep his client informed about the status of his representation. These actions resulted in the case being nonsuited by the court for failure to prosecute. His actions were determined to violate Rules of Professional Conduct 1.1, 1.3 and 1.4.

Sullivan County lawyer Robert Paul Starnes was censured on Oct. 14 after the Tennessee Supreme Court found that he repeatedly exposed himself to an employee at his law office. In April, Starnes pleaded no contest to the Class B misdemeanor of indecent exposure. The court determined that these actions violated Rule 8.4 (b) of the Rules of Professional Conduct.

Williamson County lawyer Edward Kendall White IV was censured on Oct. 14 after the Tennessee Supreme Court found that he filed an interpleader petition lacking any valid factual or legal basis. The court also censured Edward Kendall White III, who was the plaintiff in the interpleader petition, after finding that he took an active role in the litigation of the interpleader action. In addition, the court found that neither lawyer took appropriate action to expedite the handling of the petition. Both men were determined to have violated Rules of Professional Conduct 3.1 and 3.2.

Knox County lawyer Chadwick Barry Tindell was censured on Oct. 25 after the Tennessee Supreme Court found that he demonstrated a lack of competence and diligence in representing debtors in a Chapter 11 bankruptcy. Specifically, the court found that he repeatedly violated procedural rules and filing requirements. His actions were determined to have violated Rules of Professional Conduct 1.1 and 1.3.

Davidson County lawyer James Charles Edwards received a censure from the Tennessee Supreme Court on Oct. 27. The court took the action after determining that Edwards failed to diligently represent a client, failed to expedite the filing of the client’s divorce action, and submitted an unreasonable invoice for fees to the client. The court found the fees to be unreasonable based on the lack of complexity of the legal services requested and the lack of any results obtained for the client. Edwards’ actions were determined to violate Rules of Professional Conduct 1.3, 1.5 and 3.2.

Suspended
Nashville lawyer William Caldwell Hancock was suspended from the practice of law on Oct. 10 after the Tennessee Supreme Court determined that he did not contact the Tennessee Lawyers Assistant Program (TLAP) for an evaluation of his capacity to practice law and his capacity to respond to or defend against a pending petition for discipline. The court had directed Hancock to contact TLAP in a June 24 order. The order expressly provided that failure to comply could serve as the basis for suspension. The new suspension remains in effect until dissolution or modification by the court. It is in addition to a one-year suspension imposed on Jan. 15.

Rutherford County attorney James Carl Cope was suspended on Oct. 25 based on his guilty plea to the crime of insider trading in violation of Title 15, Unites States Code, Section 78j(b) and Title 17, Code of Federal Regulations, Section 240.10b-5. In imposing the suspension, the Tennessee Supreme Court also directed the Board of Professional Responsibility to institute a formal proceeding to determine the extent of final discipline.

Benton County lawyer Alan George Ward was suspended from the practice of law on Nov. 1 after the Tennessee Supreme Court determined that he posed a threat of substantial harm to the public. Specifically, the court found that he failed to file briefs in the Court of Criminal Appeals and failed to appear before the court pursuant to a show cause order. The suspension remains in effect until dissolution or modification by the Supreme Court.

Disbarred
Hendersonville attorney Garry Christopher Forsythe was disbarred on Oct. 3 and ordered to pay restitution of $2.3 million after being convicted of wire fraud. In October 2009, Forsythe was suspended after the Tennessee Supreme Court found that he misappropriated funds. On Jan. 16, the court suspended Forsythe based on his conviction of wire fraud. To determine the extent of final discipline, the Board of Professional Responsibility undertook an investigation.

Forsythe did not respond to inquiries from the board and an order of default was entered. The board recommended disbarment and the court accepted the recommendation. Forsythe’s actions were determined to violate Rules of Professional Conduct 8.4(a), (b) and (c).

Campbell County attorney Wesley Lynn Hatmaker was disbarred on Oct. 3 after the Tennessee Supreme Court determined that he commingled earned fees in his trust account, utilized his trust account for personal purposes, misappropriated client funds from his trust account, failed to adequately monitor his trust account, allowed his wife to write checks misappropriating client funds from the trust account, made misrepresentations to a judge in order to conceal the misappropriations, and failed to communicate with and diligently represent a client. These actions were determined to violate Rules of Professional Conduct 1.1, 1.3, 1.4, 1.15(a), 3.2, and 8.4(a), (b) and (c). Hatmaker was charged in May with stealing more than $250,000 from client funds. The court made restitution a condition of any future reinstatement.

Memphis attorney Venita Marie Martin was disbarred from the practice of law on Oct. 5 after the Tennessee Supreme Court found that she failed to communicate with clients regarding their cases; respond to discovery requests and show cause orders; appear at scheduled court hearings; diligently represent her clients; notify clients she was abandoning her office and terminating her law practice; provide clients with alternative contact information after terminating her law practice; and return clients’ unearned fees and expenses. The court also ordered Martin to pay restitution to three clients. Her actions were determined to violate Rules of Professional Conduct 1.3, 1.4, 1.16, 3.2, 3.4(a) and (c), 8.1(b), 8.2(a)(3) and 8.4(a), (c) and (d).

Davidson County lawyer and former U.S. attorney Quenton I. White was disbarred on Oct. 20 after the Tennessee Supreme Court found that he made misrepresentations to clients, misused client funds and failed to protect clients’ property and funds. The court also noted that he engaged in misconduct and incompetent representation. White entered a conditional guilty plea admitting violations of Rules of Professional Responsibility 1.1, 1.3, 1.14, 1.5, 1.15, 1.16 and 8.4. In addition to the disbarment, the court ordered him to pay restitution to former clients.

Contempt
The Tennessee Supreme Court held Weakly County lawyer Harry Max Speight in criminal contempt on Sept. 26. The court had disbarred Speight on Aug. 14, 2008, and again on Nov. 2, 2011, but recently found that he engaged in the practice of law in connection with a real estate transaction. The court appointed a special master to conduct a hearing on the matter. The special master found Speight guilty beyond a reasonable doubt of criminal contempt, but due to mitigating factors recommended a fine and no jail time. The court accepted that recommendation.

BOARD OF JUDICIAL CONDUCT

The Board of Judicial Conduct issued a public reprimand on Oct. 26 for Shelby County General Sessions Judge Bill Anderson Jr. after he intervened in the bond-setting process for an acquaintance. When Anderson discovered that an acquaintance had been arrested and placed in the Bartlett jail, he made several calls to the jail and then went there in person to inquire about the bond. While there, he discovered that bond had not yet been set. Citing his position, Anderson directed the jail employee to release the individual on his own recognizance. The employee declined to do so. Anderson later spoke with the Barlett judge, who had since set bond at $10,000. Anderson questioned the judge’s actions, claiming he had already released the individual. The board found that Anderson violated Canons 1, 2 and 3 of the Code of Judicial Conduct.

Compiled by Stacey Shrader Joslin from information provided by the Board of Professional Responsibility of the Tennessee Supreme Court. Licensure and disciplinary notices are included in this publication as a member service. The official record of an attorney’s status is maintained by the board. Current information about a particular attorney may be found on the board’s website at www.tbpr.org/onsumers/attorneysearch.