TBA Law Blog


Posted by: BPR Reports on Nov 1, 2017

Journal Issue Date: Nov 2017

Journal Name: November 2017 - Vol. 53, No. 11

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

The Supreme Court of Tennessee reinstated S. Brad Dozier on Oct. 13 to the practice of law. He had been suspended June 20, 2017, for a period of two years, with 30 days active suspension and the remainder on probation subject to conditions. Dozier filed a petition for reinstatement to the practice of law pursuant to Tennessee Supreme Court Rule 9, Section 30.4(c), which the board found satisfactory. Dozier will remain on probation until June 20, 2019, during which time he must engage a practice monitor and incur no new complaints.

On Oct. 9, the Supreme Court of Tennessee reinstated the law license of Robert Lee Marlow. Marlow had been temporarily suspended on Aug. 25, for failing to respond to the Board of Professional Responsibility regarding a complaint of misconduct. After filing a petition to dissolve the suspension on Sept. 1, a panel recommended that the request be granted. Marlow had to pay the court costs of the proceedings.

Alisa Lashelle Simmons of Shelby County was reinstated Sept. 5 by the Tennessee Supreme Court, after being suspended in October 2011. She is required to have a practice monitor for 12 months. Simmons was found by a hearing panel to have shown clear and convincing evidence that she is fit to resume the practice of law.

Disability Inactive

Status Removed

The disability inactive status of Walter F. Williams of Hamilton County has been removed by the Tennessee Supreme Court. Williams was placed on inactive status on Aug. 25, 2015. In May, Williams filed a petition to be reinstated to active status, which was granted on Sept. 15.

DISCIPLINARY

Censured

On Sept. 29, John Nichols Shelton received a public censure from the Board of Professional Responsibility. Shelton failed to obtain approval from his client before filing pleadings and misrepresented to the court that a document attached to the pleadings had been filed in another court. He also failed to diligently represent his client’s interests and failed to adequately communicate with his client. Shelton provided a full refund to the client and expressed remorse for his actions. He violated the Rules of Professional Conduct 1.2, scope of representation, 1.3, diligence, 1.4, communication, 3.3, candor toward tribunal, and 8.4(c), misconduct.

Matthew F. Stowe was publicly censured by the Tennessee Supreme Court Sept. 12 for alleged ethical misconduct that took place while he was serving as the district attorney general for the 24th Judicial District. A complaint alleged Stowe engaged in multiple acts of harassment that had no purpose other than to embarrass, delay or burden a witness. Stowe allegedly personally reached out to a witness in a murder trial, who was struggling with a scheduling conflict, and in a hostile manner stated he would hold her responsible if she “blow[s] this trial.” He allegedly indicated that he would prosecute her if she failed to appear and directed his office to begin preparation for those charges, even though he knew she had confirmed her appearance. Stowe’s conduct violated Rules of Professional Conduct 4.4(a)(1), respect for the rights of third persons and 8.4(a) and (d), misconduct.

Suspended

Shelby County lawyer William C. Gosnell was suspended from the practice of law on Oct. 6 for four years by the Board of Professional Responsibility. Gosnell submitted a conditional guilty plea earlier this year acknowledging a failure to communicate with his clients and for misleading his clients and the court as to why he withdrew from cases as attorney of record. His unethical conduct violated Rules of Professional Conduct 3.3, candor toward tribunal, and 5.5, unauthorized practice of law. Gosnell is already serving a separate two-year suspension for another charge.

Shelby County attorney Darryl Wayne Humphrey was suspended from the practice of law Sept. 25 for a period of six months. Humphrey executed a conditional guilty plea admitting he was administratively suspended in September 2015 and thereafter engaged in the unauthorized practice of law. He continued as counsel of record in five cases, and actively practiced in four of those cases. Prior to his administrative suspension, he failed to diligently represent a client and file a motion to amend a previous custody order entered by the court. Humphrey’s conduct violated the Tennessee Rules of Professional Conduct 1.3, diligence, 1.4, communication, 5.5, unauthorized practice of law, and 8.4 (a), (b), (c) and (d), misconduct.

Sullivan County attorney Howard Robert Clyde Orfield was suspended from the practice of law by the Board of Professional Responsibility on Oct. 9. He is suspended for three years, with 90 days of active suspension. Orfield failed to communicate with or perform promised services for two clients from whom he had already received payment. He refunded one client. Orfield’s misconduct violates Rules of Professional Conduct 1.3, diligence, 1.4, communication, 1.5, fees, 1.16, terminating representation, and 8.4 (a) and (d), misconduct. He must make restitution to the other client as a condition of reinstatement.

Disbarred

Montgomery County attorney Carrie Leigh Gasaway was disbarred from the practice of law by the Tennessee Supreme Court on Oct. 9. A complaint filed against Gasaway alleged misappropriation of funds from a trust. She later received a criminal conviction for felony theft in excess of $10,000. Gasaway’s conduct violated Rules of Professional Conduct 1.3, diligence, 1.4, communication, 1.5, fees, 1.15, safekeeping property and funds, 1.16, terminating representation, and 8.4 (a), (b), (c) and (d), misconduct.

Gassaway was ordered to pay restitution of $57,899.45 to four former clients. Gasaway was previously disbarred in October 2015, and that order remains in effect.


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.