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Posted by: Journal News on Jul 1, 2023

Journal Issue Date: July/August 2023

Journal Name: Vol. 59 No. 4

DISABILITY INACTIVE

The law licenses of the following lawyers have been transferred to disability inactive status. They may not practice law while on inactive status but may petition for reinstatement to active status by showing clear and convincing evidence that the disability has been removed and they are fit to resume the practice of law.

  • Davidson County lawyer Cristy Ann Braun, May 18
  • Virginia lawyer Hannah Andrea Gribble, May 17
  • Mississippi lawyer Rhett R. Russell, May 17
  • Davidson County lawyer Ronald André Stewart, May 17
  • Madison County lawyer James H. Wallace, May 17

The Tennessee Supreme Court on April 14 ordered that the law license of South Carolina lawyer Keith Lane Edmiston be removed from disability inactive status, but that Edmiston remain on inactive status pending resolution of disciplinary complaints against him. Edmiston filed a petition for reinstatement on Feb. 27.

REINSTATED

The following lawyers were reinstated to the practice of law in Tennessee after being on inactive status for more than five years:

  • Shelby County lawyer Mary Margaret Cross, April 14
  • Davidson County lawyer Marian Boyle Greer, April 26
  • Davidson County attorney Tyree B. Harris IV, May 2
  • Georgia attorney Jason Wesley Lawless, March 29
  • Georgia attorney Nancy Carol Prager, April 10
  • Kansas lawyer Kelly Maguire Simeon, March 17
  • Davidson County lawyer William Parker Woods, April 19

Knox County lawyer Troy Lee Bowlin was reinstated to the practice of law on May 30 with the requirement that he continue to comply with conditions related to management of his trust account. Bowlin was suspended on April 20 for three years, with 30 days to be served on active suspension and the remainder on probation. The court imposed the disciplinary action after finding that Bowlin failed to properly maintain client and third-party funds in the law firm’s trust account, failed to audit and reconcile the firm’s trust account on a reasonable basis, and failed to make reasonable efforts to ensure his firm had effective measures in place to properly oversee that nonlawyer staff conduct was compatible with his professional obligations. Bowlin filed a petition to terminate the period of active suspension on May 10. The Board of Professional Responsibility found the petition to be satisfactory.

REINSTATEMENT PETITION DISMISSED

The Tennessee Supreme Court rejected a reinstatement request from Davidson County lawyer John P. Brown Jr. on May 15. Brown had been suspended for failure to complete the mandatory IOLTA statement. On April 18, Brown filed a petition for reinstatement but, according to the court, failed to submit his noncompliance fee, delinquent compliance fee and suspension fee as required. The court rejected the request saying the rules do not allow for waiving the fee requirements.

The Tennessee Supreme Court ordered Sumner County lawyer Ronnie Huggins to satisfy three requirements by May 29 for the court to consider his petition for reinstatement. The court noted that Huggins is not in compliance with CLE requirements, has not paid the required reinstatement fee and remains in default of his student loan. If these obligations were not satisfied by the deadline, the court would dismiss the petition without prejudice.

DISCIPLINARY PROCEEDING REACTIVATED

The Tennessee Supreme Court on April 13 ordered that the disciplinary proceeding against Madison County lawyer Angela Joy Hopson be reactivated after an evaluation found she was able to respond to or defend against disciplinary matters pending against her. Her law license remains suspended.

DISCIPLINARY
Disbarred

The Supreme Court of Tennessee permanently disbarred Shelby County lawyer Glenda Ann Adams from the practice of law on April 14. The court determined that Adams’ felony convictions for conspiracy to violate the travel act and bribery of a public servant constituted conduct involving dishonesty, fraud, deceit or misrepresentation; that the conduct was prejudicial to the administration of justice; and that it reflected adversely on her honesty, trustworthiness or fitness as a lawyer. Her actions were determined to violate Tennessee Rules of Professional Conduct 8.4(a), (b), (c) and (d).

Suspended

Knox County lawyer Jonathan William Doolan was temporarily suspended from the practice of law on May 19. The Tennessee Supreme Court took the action after finding that Doolan failed to respond to the Board of Professional Responsibility concerning two complaints of misconduct.

The Tennessee Supreme Court suspended Davidson County lawyer Christopher Roberts Kelly from the practice of law on May 19 after finding that Kelly failed to respond to a request from the Board of Professional Responsibility concerning a complaint of misconduct.

The Tennessee Supreme Court suspended Maury County lawyer James Michael Marshall from the practice of law on May 22 for one year. The court took the action based on two complaints. In one matter, the court found that Marshall failed to prepare and file an order reflecting the trial court’s ruling (resulting in contempt charges being filed against his client), failed to timely address an order of protection or advise his client of the ramifications of cohabitation, failed to fully advise his client that dismissal of a divorce complaint would not affect the pending counter-complaint for divorce filed by his wife, and failed to timely withdraw as attorney of record after closing his file. In a second matter, Marshall created a conflict of interest by engaging in an inappropriate relationship with his client during the representation. Marshall submitted a conditional guilty plea acknowledging his conduct violated Rules of Professional Conduct 1.3, 1.4, 1.7 and 1.16.

On May 22, the Tennessee Supreme Court suspended Rutherford County lawyer Gary Neil Patton from the practice of law for one year, with 30 days to be served on active suspension and the remainder on probation. The court took the action after the Board of Professional Responsibility found that Patton failed to reasonably communicate with his client, collected a fee for work he performed without filing a motion for approval of the fee in violation of the rules of the Probate Court, failed to maintain client funds in his trust account prior to receiving approval of the court, obtained a release of liability from his client without advising his client in writing of the desirability of seeking independent counsel and engaged in unprofessional conduct through inappropriate conversations with his client. His actions were determined to violate Rules of Professional Conduct 1.4, 1.5, 1.7, 1.8 (h) and 1.15. The court did find that Patton deposited the fee he had received when ordered to do so.

Censured

Davidson County lawyer Melissa June Anderson was censured by the Tennessee Supreme Court on March 30 after it found she failed to take reasonable steps to protect a client’s interests when withdrawing from representation. The court also found that Anderson failed to make reasonable efforts to ensure that her firm had measures in place to provide reasonable assurance that all lawyers in the firm conformed with Rules of Professional Conduct. According to the court, Anderson knew of the conduct at a time when its consequences could have been avoided or mitigated but failed to take reasonable remedial action or provide training and oversight. Her actions were determined to violate Rules of Professional Conduct 5.1 and 1.16.

Shelby County lawyer Robert Sadler Bailey Jr. received a public censure from the Tennessee Supreme Court on May 8 for failing to hold disputed funds in a trust account until a dispute was resolved. The court determined that Bailey violated Rule of Professional Conduct 1.15(e).

Knox County lawyer John Michael Boucher received a public censure from the Tennessee Supreme Court on April 5. The court found that Boucher violated Rules of Professional Conduct 1.4, 1.8(a), 1.15, 3.1 and 8.4(a) while representing a client in an employment discrimination claim by removing the client’s payment from his trust account and failing to maintain good communication with the client. As a condition of the censure, the court directed Boucher to return $5,000 to his former client within 60 days.

Greene County lawyer Crystal Goan Jessee received a public censure from the Tennessee Supreme Court on April 25. The court found that Jessee filed a poorly drafted and ambiguous motion to recuse while also making a frivolous statement concerning the judge’s representation of his current wife in a prior divorce proceeding without making reasonable inquiry regarding the truth of this assertion. The court further found that Jessee made a reckless statement that the judge had endorsed her opponent in an election in violation of the Code of Judicial Conduct. Jessee was found to have violated Rules of Professional Conduct 1.3, 3.1 and 8.2.

Cocke County lawyer Charlotte Ann Leibrock received a public censure from the Tennessee Supreme Court on April 19. Leibrock, on the request of her client, removed the Ring doorbell from the home the client was renting without permission from the homeowner, causing property damage. Leibrock was criminally charged for this conduct and pled guilty to disorderly conduct, a Class C misdemeanor. Her actions were determined to violate Rule of Professional Conduct 8.4(b).

Knox County lawyer James Kidwell Scott received a public censure from the Tennessee Supreme Court on April 27. The court found that Scott did not (1) provide his client with a copy of the discovery propounded to the client for four months, (2) inform the client when two separate motions to compel discovery were filed, (3) comply with court deadlines for the production of discovery and (4) inform his client of deadlines and other court orders. In a second suit filed for the client, Scott failed to provide a copy of the discovery propounded to the client. His actions were determined to violate Rules of Professional Conduct 1.2, 1.3, 1.4, 3.2, 3.4 and 8.4(d).

Davidson County lawyer Edward Kendall White was censured on April 13 by the Tennessee Supreme Court for violating Rules of Professional Conduct 1.1, 1.3, 3.4 and 8.4(d). The court found that White failed to follow the approved process for securing an expert witness for indigent clients, which resulted in the witness being denied payment. The court also found that in representing a criminal defendant on appeal, White failed to timely file a transcript and statement of evidence, and later withdrew from representation without filing appropriate documents.

Andrew Stephen Priestly Williams, an attorney licensed in California and Florida, received a censure from the Tennessee Supreme Court on April 14. The court took the action after Williams filed a motion for pro hac vice admission and identified local counsel in the motion, but no signature was included. When the opposing attorney objected to Williams’ motion, Williams filed a reply that included a hand-written signature; however, local counsel did not sign the document himself and did not give permission for his name to be signed. These actions were determined to violate Rule of Professional Conduct 5.5.

Board Of Judicial Conduct

Shelby County Criminal Judge A. Melissa Boyd was publicly reprimanded on May 8 by the Board of Judicial Conduct. According to the reprimand, Judge Boyd solicited resources and cash donations on Facebook to benefit a school, and the posts seeking those contributions from the public showed her wearing her judicial robe. The board noted that judges “are expected to maintain the highest standards of conduct at all times and conflating judicial office to advance the private interests of others is prohibited.”

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. |||