Administrative Suspensions Online Notice of attorneys suspended for, and reinstated from, administrative violations — including failure to pay the Board of Professional Responsibility fee, file the IOLTA report, comply with continuing legal education requirements and pay the Tennessee professional privilege tax — is now available exclusively on the TBA website.

Visit https://www.tba.org/directory-listing/administrative-suspension-lists to see administrative suspensions imposed since 2006.

REINSTATED

Effective June 20, Blount County attorney Charles David Deas was reinstated to the practice of law. Deas was suspended on April 17 for six months, but will serve the remainder of
his suspension on probation.

DISABILITY INACTIVE

The law license of R. B. Parker Jr. was transferred to disability inactive status on June 13, pursuant to Section 27.3 of Tennessee Supreme Court Rule 9. Parker cannot practice law while on disability inactive status. He may be reinstated by the Tennessee Supreme Court upon showing clear and convincing evidence that he is fit to resume the practice of law.

DISCIPLINARY

Censured

Samuel Jones of Shelby County was publicly censured by the Tennessee Supreme Court on June 30. Jones was found to have acted improperly in the representation of two clients in Bankruptcy Court by accepting fees without court approval and failing to deposit them into his trust account. He also failed to meet certain filing deadlines. The Hearing Panel found that Jones violated Rules of Professional Conduct 1.1 (competence); 1.3 (diligence); 1.15 (safekeeping property); 3.4(c) (fairness to opposing party and counsel); 8.4 (a) (violating rules
of professional conduct); and 8.4 (d) (conduct prejudicial to the administration of justice).

Nashville attorney Kristen Elizabeth Menke was publicly censured by order of the Tennessee Supreme Court on June 21. A petition for discipline was filed against Menke that included a complaint of disciplinary misconduct alleging that Menke made inappropriate comments during a closing argument, making direct and indirect references to the defendant’s decision not to testify. The petition also said she improperly injected personal opinion about the justness of the cause in her closing argument. Menke violated Rules of Professional Conduct 3.4(e)(1), (2) and (3) (fairness to the opposing party and counsel); and 8.4(a) and (d) (misconduct).

Putnam County lawyer Albert Fitzpatrick Officer was publicly censured by the Board of Professional Responsibility July 6. Officer’s license was suspended for administrative reasons on Sept. 12 of last year, but he nonetheless made several court appearances and engaged in settlement negotiations in two divorce cases.

By these acts, Officer has violated Rule of Professional Conduct 5.5 (unauthorized practice of law).

Shelby County attorney William Steven Taylor was publicly censured on June 14 by the Tennessee Supreme Court. Taylor held the proceeds of a client’s workers compensation settlement in a trust account and failed to pay one of his client’s health care providers in a timely manner. He failed to retain the funds in his trust account and kept inadequate trust accounting records.

For that Taylor must engage a practice monitor, undergo an audit of his trust account, replace funds in his trust account, open a new trust account and obtain one additional hour of CLE in the mechanics of trust accounting. Taylor’s ethical misconduct violated Rules of Professional Conduct 1.15 (safekeeping property and funds); and 8.4 (misconduct).

Suspended

On June 30, Wayne County lawyer John Wilbur Castleman Jr. was suspended from the practice of law for one year and one day. He must also make restitution to one client; obtain an evaluation from the Tennessee Lawyers Assistance Program (TLAP) within 30 days and, if TLAP determines a monitoring agreement is appropriate, comply with its terms; and pay the board’s costs and expenses and the court costs.

Castleman was administratively suspended on July 16, 2015, for noncompliance with the mandatory IOLTA reporting requirement and non-payment of the annual registration fee. That month Castleman was paid a $500 refundable retainer by a client, but he did not deposit the retainer to his trust account or refund the unearned fee to the client. Castleman met with the client to prepare for a hearing, but he did not notify his clients of his suspension. Instead, he wrote many of his clients a misleading letter in an effort to explain his absence from the office without advising them of his suspension. His ethical misconduct violated Tennessee Rules of Professional Conduct 1.4(a) (communication); 1.15(c), (safekeeping property and funds); 1.16(d) (declining and terminating representation); 5.5(a) (unauthorized practice of law); 8.1(b) (bar admission and disciplinary matters; and 8.4(a), (c) and (g) (misconduct).  

On June 20, Williamson County attorney S. Brad Dozier was suspended from the practice of law for two years, with 30 days active suspension and the remainder on probation. Dozier was found to have failed to act with diligence in handling client matters and failed to adequately communicate with clients. He must engage a practice monitor, undergo evaluation by the Tennessee Lawyers Assistance Program and enter into a monitoring agreement if deemed appropriate by TLAP. Dozier’s ethical misconduct violated Rules of Professional Conduct 1.1 (diligence); 1.4 (communication); 1.15 (safekeeping property and funds); and 8.4 (misconduct).

Wilson County lawyer Patricia Stolinsky Graves was suspended from the practice of law for five years on June 21 by the Tennessee Supreme Court. In petitions for discipline against Graves, she was alleged to have a lack of competence, diligence and communication, excessive fees, improper termination, failure to expedite litigation, lack of candor toward a tribunal, unauthorized practice of law, dishonesty and conduct prejudicial to the administration of justice, among other infractions.

Graves must pay restitution to 17 former clients and pay the Board of Professional Responsibility’s court costs and expenses. Graves’ misconduct violates Rules of Professional Conduct 1.2 (scope of representation); 1.3 (diligence); 1.4 (communication); 1.5 (fees); 1.15 (safekeeping property); 1.16 (declining and terminating representation); 3.2 (expediting litigation); 3.3 (candor toward the tribunal); 3.4 (fairness to opposing party); 5.5 (unauthorized practice of law); 8.1 (bar admission and disciplinary matters; and 8.4 (misconduct).

Shelby County lawyer Michael Leon Harris was suspended from the practice of law on June 21 for five years, retroactive to Nov. 6, 2015. Harris was temporarily suspended on that date for failing to respond to disciplinary counsel. Harris must pay restitution to nine former clients as a condition to his reinstatement. Petitions for discipline against Harris include instances of lack of diligence and communication, excessive fees, improper termination, failure to expedite litigation, failure to perform services for which he was paid, unauthorized practice of law, dishonesty and conduct prejudicial to the administration of justice. Harris’s misconduct violates Rules of Professional Conduct 1.3 (diligence); 1.4 (communication); 1.5 (fees); 1.8 (conflict of interest); 1.15 (safekeeping property); 1.16 (declining and terminating representation); 3.4 (fairness to opposing party); 5.5 (unauthorized practice of law); 8.1 (bar admission and disciplinary matters; and 8.4 (misconduct).

Nashville lawyer Nathaniel Harris Koenig was suspended from the practice of law on June 15 by the Tennessee Supreme Court. He was found to have misappropriated funds and that he poses a substantial threat of harm to the public. Koenig cannot accept any new cases and was to cease representing clients by June 25. Section 12.3 of Supreme Court Rule 9 provides for the immediate summary suspension of an attorney’s license to practice law if an attorney poses a threat of substantial harm to the public.

DISBARRED

Edythe “Didi” Paschall Christie of Gibson County was disbarred on June 23 by the Tennessee Supreme Court because of her Madison County Circuit Court conviction for tampering with evidence. The Board of Professional Responsibility had initiated formal proceedings against Christie following her suspension in September 2015, pursuant to Tennessee Supreme Court Rule 9, Section 22. some Christie’s actions violated Rules of Professional Conduct 8.4(a), (b), (c) and (d).

Texas lawyer Richard Kent Harris was disbarred on June 16 by the Tennessee Supreme Court. Harris was suspended on April 28 for his guilty plea to conspiracy to commit bankruptcy fraud. The Board of Professional Responsibility instituted a formal proceeding to determine the extent of final discipline to be imposed. Harris also engaged in the unauthorized practice of law while suspended for non-payment of the annual registration fee. Harris’s actions violated Tennessee Rules of Professional Conduct 5.5(a) (unauthorized practice of law) and 8.4(a) (misconduct) and Texas Disciplinary Rules of Professional Conduct 5.05(a) (unauthorized practice of law) and 8.4(3) (misconduct).

On June 30, Davidson County lawyer Thomas Holland McKinnie was disbarred by the Tennessee Supreme Court. In September 2016, McKinnie was accused of misappropriating funds from a trust he prepared for the benefit of a minor child. McKinnie wrote checks to himself from the trust account in the total amount of $196,469.05.  He closed the trust account on Oct. 9, 2014, after the funds had been depleted.  In January 2015, McKinnie failed to pay the school tuition beneficiary, which resulted in the termination of the child’s enrollment. McKinnie did not file a response, and a default judgment was entered against him.

The Hearing Panel found that McKinnie violated Tennessee Rules of Professional Conduct 8.4(a)(b) and (c) (misconduct).

Compiled by Katharine Heriges 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/consumers/attorneysearch.