Reinstated

The following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education:
Harold Scott Bates, Orlando, Fla.
Paulette R. Burgess, Spokane, Wash.
Herbert Christy Jr., Little Rock, Ark.
Abram V. Conway II, Hartford, Ky.
Geoffrey L. Lewter, Memphis
Barry K. Maxwell, Madisonville
Donna E. Palmer, McKinney, Texas
Keenan R. Popwell, New York, N.Y.
Adam M. Ruf, Snellville, Ga.
Raymond A. Shirley Jr., Knoxville
Randall H. Stamps, Hendersonville
Bradley A. Teplitsky, Cordova
Albert Lindsley Watons III, Chattanooga

Memphis attorney Marvin Posner was reinstated to the practice of law by order of the Tennessee Supreme Court on Oct. 1. Posner was temporarily suspended on Sept. 8 for failing to respond to a complaint of misconduct.

On Oct. 22, the Supreme Court of Tennessee issued an order reinstating Knoxville lawyer Bruce E. Poston to the practice of law. Poston was temporarily suspended on Sept. 21 for failing to respond to a complaint of misconduct.

Censured

Davidson County attorney Yvette Y. Cain was publicly censured on Oct. 22 for failing to monitor entry of an order and failing to reasonably communicate with a client about the status of the order. Cain was engaged to represent a client in a post-divorce child support modification proceeding. The parties reached an agreement, and on July 6, 2005, Cain forwarded a proposed order to the clerk for entry with the court. In August 2006 it was discovered that the order had been misplaced by the clerk and was never signed by the judge. The Board of Professional Responsibility found that Cain failed to monitor entry of the order and then failed to act with reasonable diligence since the order was not signed until May 19, 2009. The board also found that between 2006 and 2009 Cain failed to reasonably communicate with her client about the status of the order. Her actions violate Rules of Professional Conduct 1.3 and 1.4.

On Oct. 22, Madison County lawyer Elizabeth G. Ford received a public censure from the Board of Professional Responsibility for using trust account funds to pay law firm expenses.
While the board determined that she did not use client funds to pay her expenses, she did commingle attorney funds with client funds in violation of Rule of Professional Conduct 1.15(a).

On Oct. 14, Memphis lawyer Michael F. Rafferty was publicly censured by the Board of Professional Responsibility for several tax-related discrepancies and liabilities. Rafferty late-filed individual federal income tax returns for the years 2001 and 2004 and failed to file returns for years 2002-2003 and 2005-2007, despite receiving extensions. He also owed a tax liability for 2004 as well as fines for late filing of other years' documents. These oversights led to his disbarment from practicing before the IRS. The board determined that Rafferty's actions violated Rule of Professional Conduct 8.4(c).

Suspended

On Sept. 24, the Tennessee Supreme Court temporarily suspended the law license of Knoxville lawyer Wesley Markland Baker. The Board of Professional Responsibility requested the suspension after Baker failed to respond to a request for additional information. The suspension remains in force until dissolved or modified by the court.

Memphis lawyer Vanessa G. Keeler was suspended by the Tennessee Supreme Court on Sept. 24 after the court found she violated disciplinary rules in 10 separate client matters. The court imposed a one-year suspension but allowed Keeler to serve 9 of the 12 months on probation. The court also ordered her to pay restitution to four clients and pay the costs of the disciplinary proceeding. In reviewing the complaints filed against her, the court determined that she demonstrated a pattern of delay and lack of diligence in her law practice, and that she violated former Disciplinary Rules 1-102, 2-110, 6-101 and 7-101, and Tennessee Rules of Professional Conduct 1.1, 1.3, 1.4, 1.15, 1.16, 3.1, 3.3, 3.4, 4.1, 5.4, 8.1 and 8.4.

On Sept. 24, the Tennessee Supreme Court suspended Memphis lawyer William Newton for one year, but made the effective date of the suspension retroactive by 11 months. The court found that Newton failed to respond to requests for information from the Board of Professional Responsibility, made misleading statements to the court and failed to abide by court orders in violation of Rules of Professional Conduct 3.3, 3.4, 8.1 and 8.4. The court also ordered him to pay the costs of his disciplinary proceeding.

On Sept. 24, Chattanooga lawyer Robert P. Rayburn was suspended by the state Supreme Court for one year after he was held in contempt of court due to his inability to provide documentation necessary to close an estate. The Supreme Court determined that he failed to properly administer and close the estate in violation of Rules of Professional 1.1, 1.3 and 8.4. He also was ordered to pay the costs of the disciplinary proceeding. The court noted that Rayburn has been disbarred since Dec. 1, 2009.

On Oct. 11, the Tennessee Supreme Court suspended the law license of Memphis attorney Etandra Fenae Douglas based on her guilty plea to the serious crime of felony theft over $1,000. At the same time, the court ordered the Board of Professional Responsibility to institute a formal proceeding to determine the extent of final discipline. The suspension remains in effect until dissolved or modified by the court.

On Oct. 14, the Tennessee Supreme Court suspended Williamson County lawyer Parrish B. Stanton for 18 months, retroactive to Jan. 26, 2009 " the date he was temporarily suspended for failing to respond to two complaints of misconduct. The first complaint alleged that he failed to adequately communicate with a client or provide confirmation that the work he was hired to do had been completed. According to the court, the client tried to contact Stanton by phone, letter and office visits for two months. According to the client, the phone had been disconnected and by all appearances, Stanton had abandoned his law practice. The second complaint alleged that Stanton failed to properly communicate with the beneficiary of a special needs trust and failed to provide information regarding location of the account, funds available to pay for medical treatment, whether a deposit had been made and whether a title to a van had been transferred to the trust. The court determined that these actions violated Rules of Professional Conduct 1.1, 1.3, 1.4, 1.5(a), 1.15(b) and 8.4(a). It ordered Stanton to meet all delinquent continuing legal education requirements, pay restitution to aggrieved clients, and pay the costs of his disciplinary proceeding. Stanton entered a conditional guilty plea and agreed to the provisions of the suspension.

The Tennessee Supreme Court temporarily suspended the law license of Memphis attorney Alisa L. Simmons on Oct. 21. The Board of Professional Responsibility petitioned the court for the action after Simmons failed to respond to a complaint of misconduct. The suspension remains in effect until dissolved or modified by the court.

On Oct. 21, the state Supreme Court suspended the law license of Johnson City attorney Alex Vanburen for 18 months. The court found that Vanburen violated disciplinary rules by failing to communicate with clients, to diligently represent clients, to properly withdraw from representation and to respond to requests from the Board of Professional Responsibility. His actions were found to have violated Rules of Professional Conduct 1.3, 1.4, 1.16, 8.1 and 8.4. In imposing the discipline, the court noted that this suspension does not affect a 366-day suspension imposed on May 6.

Disbarred

On Oct. 4, Reginald Lamont Horton of Nashville was disbarred by the Tennessee Supreme Court for criminal conduct, neglect and failure to communicate with clients. On Aug. 18, Horton pled guilty to serious crimes relating to the delivery of .5 grams of cocaine; possession of .5 grams of cocaine with intent to deliver; attempted theft of property over $1,000; facilitation of the sale of 300 grams of cocaine; and possession of 10 pounds of marijuana with intent to deliver. He was then suspended by the Tennessee Supreme Court, and subsequently filed a conditional guilty plea agreeing to his disbarment. The court determined that his actions violated Rules of Professional Conduct 1.3, 1.4 and 8.4, disbarred him and ordered him to pay the costs of the disciplinary proceeding.

Reinstated

The following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education: W. Ray Culp III, Brentwood, and Katrina Michelle Snow, Brooklyn, N.Y.

Ridgely attorney Guy Steven Davis was reinstated to the practice of law on Aug. 27. He had been suspended in December 2007. In November 2009, Davis petitioned the court to lift his suspension. The court agreed after determining that his reinstatement would not be detrimental to the integrity or standing of the bar or the administration of justice, or subversive to the public interest.

Knoxville attorney Vanessa Lynn Lemons was reinstated to the practice of law on Sept. 15. She had been temporarily suspended on Aug. 11 for failing to respond to a complaint of misconduct. On Aug. 23, Lemons filed a petition to dissolve the suspension. The court agreed after determining that her reinstatement would not be detrimental to the integrity or standing of the bar or the administration of justice, or subversive to the public interest.

On Sept. 24, the Supreme Court of Tennessee dissolved a temporary suspension imposed on Memphis lawyer King Bethel Harris on May 27 for his failure to respond to a disciplinary complaint. However, he remains suspended based on a prior disciplinary matter.

Censured

On Sept. 24, Davidson County lawyer Kathleen M. Kirt received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. The board took the action after she permitted a statute of limitations on a workers' compensation case to lapse despite receiving three notifications of an offer of settlement. The board found that she also did not advise her client for nine months that the statute of limitations had expired. Her actions were deemed to have violated Rules of Professional Conduct 1.1, 1.3 and 1.4.

The Board of Professional Responsibility issued a public censure to John Harwell Dickey of Fayetteville on Sept. 27 for committing a criminal act that reflects adversely on his honesty, trustworthiness and fitness as a lawyer. The criminal charges, filed against Dickey in August 2009, stemmed from his threatening and erratic public conduct. On Jan. 19, Dickey entered a "best interest plea" to three counts of misdemeanor reckless endangerment and one count of resisting arrest in exchange for jail time, court costs and 100 hours of pro bono legal work. The board determined that Dickey violated Professional Rule of Conduct 8.4(b).

Suspended

On Aug. 27, the state Supreme Court suspended the law license of Dickson attorney William Warren Leech for three years after he failed to comply with his Tennessee Lawyers Assistance Program (TLAP) monitoring agreement. Compliance with the agreement had been a condition of Leech's reinstatement. The court determined that his actions violated Rule of Professional Conduct 8.4. It ordered him to pay $270 to the Board of Professional Responsibility, pay his privilege tax to the Department of Revenue and pay the costs of the disciplinary proceeding.

The Tennessee Supreme Court suspended the law license of Nashville lawyer Reginald Lamont Horton on Sept. 3 after he pleaded guilty to the serious crimes of possession and delivery of 0.5 grams of cocaine, possession of 0.5 grams of cocaine with intent to deliver, facilitation of the sale of 300 grams of cocaine, possession of 10 pounds of marijuana with intent to deliver, and attempted theft of property over $1,000. As a result of the conviction, the court directed the Board of Professional Responsibility to institute a formal proceeding to determine the extent of final discipline. Horton already was on temporary suspension dating back to April 17, 2009, for posing a threat of substantial harm to the public by offering to provide legal services in exchange for stolen property.

On Sept. 8, the Supreme Court summarily and temporarily suspended the law license of Memphis lawyer Marvin Posner because of his failure to respond to a complaint of ethical misconduct. The suspension remains in effect until dissolved or modified by the Supreme Court. Posner may request such action for good cause.

On Sept. 10, the Tennessee Supreme Court temporarily suspended the law license of Knoxville attorney William Lee Wheatley for his failure to substantially comply with his Tennessee Lawyers Assistance Program monitoring agreement. The suspension remains in effect until dissolved or modified by the Supreme Court.

The Tennessee Supreme Court on Sept. 22 summarily and temporarily suspended the law license of Knoxville lawyer Bruce E. Poston after finding he failed to respond to a complaint of misconduct. The suspension remains in effect until dissolved or modified by the Supreme Court. Poston may request such action for good cause.

Disability Inactive

By order of the Tennessee Supreme Court entered on Sept. 8, the law license of Wilson County lawyer Wilbert Allen Barrett was transferred to disability inactive status. Barrett cannot practice law while on disability inactive status. He may return to the practice of law by showing by clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law.

2010 Rule 21 Suspensions

The following attorneys were suspended by the Tennessee Supreme Court on Sept. 7 for failing to comply during calendar year 2009 with Rule 21 of the Rules of the Supreme Court, which requires mandatory continuing legal education. Attorneys who since have complied with the rule by press time are noted as reinstated.

Tennessee

Antioch: Michael Henry Sneed. Bartlett: Jack Lester Mewborn Jr. Brentwood: Jonathan Evan Gower, Kymberly Lynn Anne Haas, Jack Case Wilson. Bristol: Kristen Elaine Morrell. Chattanooga: Mary Kathryn Anglin, Michael Dejuan Borden, Charles Edward Stanbery Jr., Christine Marie Vanasse (reinstated; relocated to Decatur, Ga.), Jonathan Wayne Vincent Jr. (reinstated), Albert Lindsley Watson III. Clarksville: Bobbye Elaine Phillips. Cleveland: Willard W. Watts. Collierville: Michael R. Tucker. Cordova: Madeleine Christie Savage-Townes, Bradley Aaron Teplitsky. Elizabethton: Thomas Ewing Cowan Jr. Franklin: Andrew John Tavi (reinstated). Germantown: Lauren M. Howe, Daniel Ray Woodlief Jr. Greeneville: Timothy Williams Flohr. Hendersonville: Garry Christopher Forsythe, William Pardue Jones. Jackson: Lawrence E. Nicola. Jonesborough: Guy Seaver Weems Jr. Knoxville: Wesley Markland Baker, Aubrey Lewis Davis (reinstated), John Robert Dunlap Jr., Morna Kathleen Erwin, Anne Bowles Ferrell, Thomas Michael Leveille (reinstated), Michael T. McClamroch, Robert Leo McReynolds III, Christopher Wayne Richeson, Darren E. Ridenour, Raymond Andrew Shirley Jr., William Lee Wheatley. Lakeland: Bobby Dean Davis (reinstated; relocated to Madison), Paul Leland Hayes. Madisonville: Barry Keith Maxwell. Memphis: Michael Brandon Barber, Pamela McFarland Brown (reinstated), Timothy Darnell Flowers, Melvin Lucius Ford (reinstated), Diane Schratz Holitik, Joseph Dewey Hughes, Curtis Douglas Johnson (reinstated), Vanessa Gale Keeler (reinstated), Geoffrey Lee Lewter, William Adelbert Ling III, Brian Wade Lynn, Debra Chaves Norwood. Millington: Mark Edward Davidson (reinstated). Murfreesboro: Douglas Peter Connell, Kimpi King Kendrick (reinstated), Tony Lawrence Maples. Nashville: Lynne Todd Edgerton, M. Andrew Holland, Thomas Maurice Miller, Michael Scott Ogan, Randall W. Pierce, Fernando Jose Ramos, Michael Gilman Stewart (reinstated), Michael Jason Stewart, Kevin Shalom Terry. Powell: Kristin Alyse Godsey. Rogersville: William Thomas Berry. Sparta: Geneth Kay Wolfer. Waynesboro: John Wilburn Castleman Jr. White Pine: Hugh Parmenas Taylor. Whiteville: Jewel Guy Boozer.

Out of State

Alabama: Therese Hagemann Green, Justin Braun Kaplan. Arkansas: Herbert Emerson Christy Jr., John Irving Houseal III, Stephen Brian Whiting. California: Ben Franklin Pierce Gore, Audrey Josie-Ellen Grossman (reinstated; relocated to Germantown, Tenn.), Joseph Phillip Johnson, Jonathan David Larson. Florida: Harold Scott Bates, Richard Rutherford Blews, Jesus Eloy Ravelo, Louis Basil Vocelle. Georgia: Jesse Nicholas H. Bacon, Roger Dale Davis, Nima Fiuzat, Brian Keith Jackson, James A. Meaney III, William Edward Nethery, Adam Michael Ruf, Marvin Patrick Woodard Jr., C. Allen Yates (reinstated). Hawaii: Radji Ochoa Tolentino. Illinois: Steven Christopher Bain, Jessica Nicole Manley. Indiana: Janet Hodge Warner. Kentucky: Abram Veatch Conway II, Christine Lea Durrett, Miles Ray Pace. Louisiana: Janice Elizabeth McAlpine. Maryland: Amancio Leon Alicante, Thomas J. Cullen Jr. Mississippi: Sandra Dee Marshall, Marvin Reid Stanford, Robert Paul Williams. Missouri: John Reid McKinney. North Carolina: Randolph Cartwright Dow, Shannon Michele Lovins. New York: Navneet Chahal, Joseph M. Dash, Gregory Gene Little, Keenan Reid Popwell. Ohio: Marco Gian Bocciarelli, Robert Natole Farinacci. Oklahoma: Stuart Duane Ericson. Pennsylvania: Paul T. Luckman, John Howard Yardley. South Carolina: Matthew Edward Davis. Texas: Joseph Mathew Grant, Branda Eugene Newsom. Washington: Ruth Burgess Paulette.

Reinstated

The following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education:
Brian Kelly Herrington, Lexington, Miss.
Kenneth Ray Witt, Hyden, Ky.

Nashville attorney Ivan Omar Lopez was reinstated to the practice of law on Aug. 11. He had been suspended on July 21, for substantial noncompliance with his Tennessee Lawyers Assistance Program monitoring agreement.

Censured

On Aug. 3, Nashville lawyer Thomas Howard Miller received a public censure from the Board of Professional Responsibility for failing to file an order and respond to a client about the status of a case. Miller was engaged to represent a client in a post-divorce custody modification proceeding. A hearing was held June 24, 2008, and the court ordered a change in primary custody to Miller's client. However, Miller failed to submit a final order memorializing the court's decision. The client contacted Miller several times to get a status update, but Miller failed to respond. Miller finally entered the order on March 1, but the board found that his conduct prejudiced his client's ability to enforce child support obligations of the other parent. The court determined that Miller violated Rules of Professional Conduct 1.3, 1.4, 3.4 and 8.4(d).

Suspended

Knoxville lawyer Vanessa Lynn Lemons was temporarily suspended from the practice of law on Aug. 11 for failure to respond to a complaint of ethical misconduct.

Disbarred

Nashville lawyer Alea Danielle Ashby was disbarred on Aug. 5 by the Tennessee Supreme Court and ordered to provide restitution to eight clients. On Aug. 24, 2009, the Board of Professional Responsibility filed a petition for discipline against Ashby that contained three complaints of misconduct. Two supplemental petitions containing seven more complaints were filed on Nov. 18, 2009, and Jan. 13. Ashby did not file an answer to any of the 10 complaints and was temporarily suspended. She later was found to have practiced law while suspended, including misrepresenting her licensure status to the Davidson County Circuit Court, opposing counsel and clients. At a hearing on the petitions for discipline, the Board of Professional Responsibility's hearing panel determined that Ashby failed to perform work for which she was paid, failed to properly communicate with clients, engaged in the unauthorized practice of law, and abandoned her practice, causing serious injury to her clients. The Supreme Court agreed, finding that her actions violated Rules of Professional Conduct 1.3, 1.4, 1.5, Fees, 3.4, 5.5, 8.1 and 8.4.

Reinstated

On June 30, Carthage attorney Jacquelyn M. Scott was reinstated to the practice of law. She was suspended on April 22, 2009. Scott filed a petition for reinstatement in December 2009 and the Board of Professional Responsibility determined that Scott had the moral qualifications, competency and learning in the law required to practice law and that her reinstatement would not be detrimental to the integrity or standing of the bar or the administration of justice, or subversive to the public interest.

Memphis lawyer Michael Lee Spencer was reinstated to the practice of law on July 7 after complying with Supreme Court Rule 21, which requires mandatory continuing legal education. He was suspended in August 2009.

Knoxville attorney Keith A. Pope was reinstated to the practice of law on July 8 after being temporarily suspended in June for posing a threat of substantial harm to the public. Pope filed a petition for dissolution of the suspension on July 2 and a hearing panel recommended he be reinstated with the following conditions: (1) total compliance with a monitoring agreement entered into with the Tennessee Lawyers' Assistance Program and (2) extension of the monitoring agreement for an additional three years. The Board of Professional Responsibility also requested that the Tennessee Lawyers' Assistance Program immediately notify it of any noncompliance by Pope.

The Tennessee Supreme Court on July 21 temporarily suspended the law license of Nashville lawyer Ivan Omar Lopez for failure to comply with his Tennessee Lawyers Assistance Program monitoring agreement. After filing a petition for dissolution with the court, Lopez was reinstated on   Aug. 11.

Censured

Hamilton County lawyer Albert L. Watson III received a public censure from the Board of Professional Responsibility on July 14 for failing to file an appellate brief and communicate with a client. Watson was hired to appeal the appointment of a conservator. He filed a notice of appeal, but failed to file the appellate brief. As a result, the appeal was dismissed. In addition, Watson failed to communicate with his client regarding the status and outcome of the case. The board found that he violated Rules of Professional Conduct 1.2, 1.3 and 1.4.

On July 16, Knoxville lawyer Raymond Shirley Jr. received a public censure from the Board of Professional Responsibility for several ethical violations. In January 2009, Shirley was retained to represent a client who had been incarcerated on felony charges. He advised the client's previous counsel that he had been retained to take over the case but did not file a notice with the court for five months. In addition, he was unable to explain the delay when requested to do so by the board. Later, Shirley failed to respond to calls regarding the status of the case. Then in October 2009, while suspended for failure to comply with CLE requirements, Shirley met with the assistant district attorney to discuss his client's case. The board determined that these actions violated Rules of Professional Conduct 1.3, 1.4, 5.5 and 1.8(b).

Morgan County lawyer Andrew N. Hall was censured by the Board of Professional Responsibility on July 21 for failing to have his client sign or swear to a petition filed in chancery court. Hall agreed to represent a prison inmate in a post-conviction matter and filed a writ of certiorari. However, he did not have the inmate sign or swear to the petition. Opposing counsel filed a motion to dismiss the petition based on that oversight. Because Hall did not remedy the failure within the allowable time frame, the case was dismissed. The board determined that his actions violated Rules of Professional Conduct 1.1 and 1.3.

Suspended

The Tennessee Supreme Court on July 1 suspended the law license of Knoxville attorney Kathy Stillman for one year and ordered her to pay restitution to 12 clients for a total amount of more than $16,000. The court determined that Stillman violated disciplinary rules in 15 separate complaints by failing to communicate with clients, failing to diligently represent clients, failing to respond to the Board of Professional Responsibility, and accepting monies from clients while failing to perform any legal services. The court found that she violated Rules of Professional Conduct 1.3, 1.4, 1.5, 8.1 and 8.4. The court also ordered Stillman to pay the costs of her disciplinary proceeding.

On July 7, Fred T. Hanzelik of Chattanooga was censured and suspended for 30 days. He also was ordered to pay the costs of his disciplinary proceeding and pay $6,379.34 in restitution to a former client. In investigating complaints against Hanzelik, the Tennessee Supreme Court determined that he failed to disburse or provide an accounting of a settlement, engaged in a matter involving a conflict of interest, and failed to communicate with the Board of
Professional Responsibility and his client. The court found that these
actions violated Rules of Professional Conduct 1.4, 1.7, 1.15, 8.1 and 8.4.

On July 21, the Tennessee Supreme Court temporarily suspended Tullahoma attorney Robert Thomas Carter for failing to comply with his Tennessee Lawyers Assistance Program monitoring agreement.

Greeneville lawyer Francis Xavier Santore was suspended on July 23 for 33 months " 45 days of which are to be served as an active suspension with the remainder to be served on probation. The court also ordered Santore to remain compliant with his Tennessee Lawyers Assistance Program monitoring agreement and continue mental health counseling, as well as pay the costs of his disciplinary proceeding. The discipline came in response to Santore's courtroom behavior, which included throwing a cup of coffee and cursing loudly after learning that the opposing party intended to contest a matter before the court. An irate Santore then left the courtroom and went down the stairs toward the lobby. As he descended the stairs, he pulled a handrail from the stairwell causing damage to the courthouse. His actions were found to have violated Rules of Professional Conduct: 8.4(a)(b) and (d). Santore also was criminally charged with vandalism under $500. On March 27, 2009, he was sentenced to 11 months and 29 days in jail, with all time suspended on unsupervised probation.

On July 27, Memphis attorney Timothy Darnell Flowers was suspended from the practice of law for three years and ordered to pay restitution to a former client and pay the cost of his disciplinary proceeding. The suspension will run concurrent with a previous one-year suspension imposed by the Tennessee Supreme Court on June 4. Among the 12 complaints filed against Flowers, the court determined that he failed to act diligently in pursuing clients' interests. The court found that he accepted fees to file appeals with the Board of Immigration Appeals but then failed to file the briefs or offer legal analysis to support the appeals. The court also found that he failed to (1) communicate properly with clients about the status of their cases, (2) appear at a deportation hearing, (3) refund legal fees, and (4) respond to inquiries by the Board of Professional Responsibility. The court determined that his actions violated Rules of Professional Conduct 1.1, 1.3, 1.4, 1.15, 1.16, 8.1 and 8.4.

Disbarred

Anthony W. Turner of Crossville was disbarred by the Tennessee Supreme Court on July 27 and ordered to pay restitution to seven clients and pay the costs of his disciplinary proceeding. In November 2009, a petition for discipline containing 14 complaints was filed against Turner. He did not respond and a default order was entered. The court found that Turner (1) abandoned his law practice, (2) accepted fees from clients but failed to perform any work or appear at any hearings, (3) knowingly delayed payment of settlement proceeds, and (4) fraudulently enticed three individuals to make temporary loans to a client by providing false information about the source and accessibility of funds available for repayment. The court determined that these actions violated Rules of Professional Conduct 1.1, 1.3, 1.4, 1.5, 1.16, 3.2, 8.1 and 8.4.  

Disability Inactive

Williamson County lawyer Craig Burgess Benson was placed on disability inactive status on July 27. Benson may not practice law until he shows by clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law.

Censured

On April 28, Clarksville lawyer Joseph Weyant was publicly censured by the Board of Professional Responsibility for failing to act with competence and exercise independent professional judgment. Weyant agreed to handle a client's business while the client deployed overseas with the military. This included handling the client's real estate holdings. On the advice of an individual who previously handled transactions for the client, Weyant entered into a proposed lucrative real estate deal on the client's behalf. However, he failed to verify the circumstances surrounding the transaction, which turned out to be a fraud. In the client's absence, Weyant also entered into a loan agreement that was adverse to the client's interests and did so without the client's express consent. The board found that Weyant's conduct " which violated Rules of Professional Conduct 1.1, 1.2, 1.4, 1.7, 1.8(f) and 2.1. " caused substantial monetary loss to the client and resulted in the filing of civil litigation against the client.

Nashville attorney Connie Allison was publicly censured by the Tennessee Supreme Court on June 25 for failing to preserve the confidences of a client while terminating representation of that client. Allison reportedly terminated representation because of a conflict of interest. The court determined that her actions violated Rules of Professional Conduct: 1.2, 1.6, 1.7, 1.8, 1.16, 2.2, 3.3(j) and 8.4. Allison submitted a conditional guilty plea. In addition to the censure, the court ordered her to pay the costs of the disciplinary proceeding.

On June 21, James W. Hodges of Memphis was publicly censured by the Tennessee Supreme Court for failing to diligently represent and communicate with a client. The court determined that his actions violated Rules of Professional Conduct 1.3, 1.4 and 8.4. He submitted a conditional guilty plea. In addition to the censure, the court ordered him to pay the costs of the disciplinary proceeding.
  

Disbarred

Clinton attorney Debra Fannin Graham was disbarred by the Tennessee Supreme Court on June 16. In addition, the court ordered her to pay restitution of all unearned fees to six clients and pay the costs of the disciplinary proceeding. The Board of Professional Responsibility filed a petition for discipline and two supplemental petitions against Graham. At a hearing, which she did not attend, a hearing panel of the board determined that Graham neglected client cases, charged excessive fees and made misrepresentations to the board and to her clients. The Supreme Court approved the board's recommendation for disbarment, determining that her actions violated Rules of Professional Conduct 1.3, 1.4, 1.5, 1.16 and 8.4.

On June 17, former Covington lawyer Richard D. Cartwright was disbarred by the state Supreme Court. At the time of his disbarment, Cartwright was serving a three-year suspension for failing to comply with the Tennessee Lawyer's Assistance Program, and an administrative suspension for failing to comply with continuing legal education requirements. He also had abandoned his law practice but had not informed the Board of Professional Responsibility or his clients. Cartwright's clients began filing complaints with the board about his failure to inform them of the suspensions, return their property and legal fees, communicate with them and act with diligence. On June 9, 2009, the board filed a petition of discipline containing 33 complaints of misconduct. A supplemental petition containing four complaints was filed on Aug. 12, 2009. Cartwright did not respond to either petition. In reviewing the case, the court determined that Cartwright violated Rules of Professional Conduct 1.1, 1.3, 1.4, 1.5, 1.16, 3.2, 8.1 and 8.4. It disbarred him and ordered him to pay restitution to 36 former clients and pay the costs of the disciplinary proceeding.

Reinstated

The following attorneys have been reinstated to the practice of law after complying with Section 20 of Supreme Court Rule 9, which requires the payment of annual registration fees:
Heather M. Gwinn, Boulder, Colo.
Richard J. Rice, Maryville

Lawrence County attorney Charles Matthew Bates was reinstated to the practice of law on June 3. He had been suspended on April 22 for failing to respond to the Board of Professional Responsibility about a complaint of misconduct.

Nashville attorney Matthew Fort Mayo was reinstated to the practice of law on June 3. He had been suspended on April 16 for failing to respond to the Board of Professional Responsibility about a complaint of misconduct.

Suspended

On April 8, the Tennessee Supreme Court temporarily suspended the law license of Memphis attorney Timothy Allen Price after he failed to respond to a complaint of ethical misconduct and the court determined that he posed a threat of substantial harm to the public.

On May 6, the Tennessee Supreme Court suspended Johnson City lawyer Alex Vanburen for one year and one day, retroactive to the date of a temporary suspension imposed on Sept. 21, 2009. The court found that Vanburen violated disciplinary rules by failing to (1) communicate with clients, (2) diligently represent clients, (3) properly withdraw from representation of clients and (4) respond to requests for information from the Board of Professional Responsibility. The court determined that his actions violated Tennessee Rules of Professional Conduct 1.3, 1.4, 1.16, 8.1 and 8.4. In addition to imposing the suspension, the court ordered Vanburen to pay the costs of his disciplinary proceeding.

The Tennessee Supreme Court on May 18 issued a second suspension of Knoxville lawyer William S. Lockett Jr. based on his guilty plea to the federal charge of willfully failing to file an income tax return. Lockett already was suspended based on a guilty plea in the Knox County Criminal Court to theft over $10,000. That suspension was imposed on April 13. The court ordered the Board of Professional Responsibility to consolidate the two matters and institute a formal proceeding to determine the extent of final discipline to be imposed as a result of the convictions.

On May 27, the state Supreme Court summarily and temporarily suspended Memphis lawyer King Bethel Harris from the practice of law for failure to respond to a complaint of misconduct. Harris already is serving a one-year suspension " imposed on Jan. 3, 2008 " based on a prior disciplinary matter. While he may petition for and receive dissolution of the temporary suspension, the 2008 suspension will remain in effect.

Knoxville lawyer Keith Pope was temporarily suspended from the practice of law on June 2 after the state Supreme Court determined he posed a threat of substantial harm to the public.

On June 4, Memphis lawyer Timothy Darnell Flowers was suspended for one year and ordered to make restitution to three clients. In 2005 and 2006, the Board of Professional Responsibility filed three petitions for discipline against Flowers based on 10 complaints of misconduct. Eight of the complaints were filed by clients, who accused Flowers of neglecting their cases by failing to file appeals, briefs and other pleadings on time. Another complaint concerned Flowers' failure to prosecute 18 appeals filed in the U.S. Court of Appeals for the Sixth Circuit. All cases were dismissed because Flowers did not pay filing fees or file required forms and briefs. After investigating the complaints, the Board of Professional Responsibility recommended that Flowers be suspended for one year. Flowers appealed that recommendation to the Shelby County Chancery Court and the Tennessee Supreme Court. Both courts upheld the suspension.

Disbarred

On May 11, Memphis lawyer James M. Hoots was disbarred after acknowledging he could not successfully defend himself on a charge of misappropriation of funds filed by the Board of Professional Responsibility. Hoots previously had been suspended on Feb. 17 pending final determination of the discipline to be imposed. He consented to the disbarment.

Disability Inactive

The Tennessee Supreme Court entered an order on May 27 transferring the law license of Nashville lawyer Edward Turner Kindall to disability inactive status. Kindall cannot practice law while on disability inactive status. He may return to the practice of law after being reinstated. Reinstatement requires a showing of clear and convincing evidence that the disability has been removed and the lawyer is fit to resume the practice of law.  

Reinstated

Clinton E. Hagaman, formerly of Knox County, was reinstated to the practice of law on March 29 after being on disability inactive status.

Nashville attorney Mary Belle Langford was reinstated to the practice of law on March 30. She had been suspended on March 10 for failing to respond to a complaint of misconduct.

Memphis lawyer Valerie Mann Horton was reinstated to the practice of law on April 15. She was disbarred on Aug. 17, 1991. Horton filed a petition for reinstatement in October 2005. The hearing panel that reviewed her case recommended reinstatement conditioned on the following factors: that Horton make restitution to her former clients and sit for and pass the Tennessee bar exam. The Tennessee Supreme Court has now determined that she has fulfilled these requirements; that she has the moral qualifications, competency and learning in the law required for admission to practice law; and that her resumption of the practice of law will not be detrimental to the integrity or standing of the bar or the administration of justice, or subversive to the public interest.

Kenneth Allen Corum of Corryton was reinstated to the practice of law on April 21 after complying with Supreme Court Rule 21, which requires mandatory continuing legal education. He had been suspended since August 2008.

Censured

The Board of Professional Responsibility publicly censured Columbia attorney William Barnes Jr. on April 15 for mishandling a visitation case. In representing a client, Barnes drafted an order that incorrectly memorialized a visitation agreement between the client and the child's mother. The incorrect order was adverse to his client's rights and the client's relationship with the child. Barnes admitted his error. In addition, Barnes failed to send the order to his client, who ultimately received it five months later, from the child's mother. In the meantime, Barnes had his client sign a petition allowing visitation during times of military leave, but never set the matter for a hearing. The board determined that these actions violated Rules of Professional Conduct 1.1, 1.3 and 1.4.

On April 15, the Board of Professional Responsibility publicly censured Maryville attorney Charles A. Carpenter. In representing a criminal defendant, Carpenter was found to have failed to communicate with his client about the status of the case. In addition, the client had court dates set for September and October 2009, but he did not appear because Carpenter failed to file orders for him to be transported to the hearings. Finally, Carpenter failed to respond to the board's requests for additional information. The board determined that his actions violated Rules of Professional Conduct 1.1, 1.4 and 8.1.

Hawkins County lawyer John Anderson received a public censure from the Board of Professional Responsibility on April 16 for failing to keep a client informed about the status of his cases. Although Anderson represented the client for approximately three years, virtually no progress was made on any of the cases and the client was forced to hire new counsel. The board determined that Anderson's actions violated Rules of Professional Conduct 1.3 and 1.4

Crossville attorney Cynthia Davis was censured on April 16 by the Board of Professional Responsibility for a lack of diligence in a divorce action. In January 2008, Davis was retained to defend a divorce action. Over a five-month period, she failed to file any responsive pleadings or send out any correspondence on behalf of her client. During that time, opposing counsel filed a motion for default and threatened to proceed with a hearing unless an answer was filed. Davis then failed to notify her client of the motion. Though Davis eventually filed responsive pleadings, the delay was prejudicial to her client who was in need of temporary support from her husband. The board determined her actions violated Rules of Professional Conduct 1.3, 1.4 and 3.2.

Loudon County attorney Arthur Henry received a public censure from the Board of Professional Responsibility on April 16 for failing to inform two clients that he was terminating representation. Henry agreed to represent two separate clients who bought model homes and subsequently discovered the houses were built on a sinkhole. The clients sought to bring suits against the developer of the subdivision. Henry admited he was informed by an expert that the damages in the cases were minimal and that he did not want to pursue the case. He then ceased communicating with the two, despite the fact they sent numerous emails and left several messages inquiring about the status of their cases. The board determined that Henry failed to inform the clients that he was terminating representation and that he failed to comply with the board's repeated requests for additional information. His actions were determined to have violated Rules of Professional Conduct 1.3, 1.4, 1.16 and 8.1(b).

On April 16, Davidson County lawyer Kevin Terry received a public censure from the Board of Professional Responsibility. In July 2009, Terry drafted a check on his trust account, but there were insufficient funds in the account, and an overdraft resulted. In August and September of 2009, additional checks were written on the trust account which resulted in a larger overdraft balance. Terry admitted that his personal money was in the trust account but maintained that the account did not contain any client money and therefore he had not misappropriated any client funds. The board determined that his actions violated Rule of Professional Conduct 1.15.

Suspended

On March 26, the Supreme Court of Tennessee suspended Shelby County attorney Darren James Scoggins from the practice of law. On Jan. 21, the Criminal Court of Davidson County filed a final order upon entry of Scoggins' plea of guilty to the charges of false imprisonment, aggravated burglary, aggravated assault and possession of a weapon. Section 14 of Supreme Court Rule 9 provides for immediate suspension of an attorney who pleads guilty to a serious crime. The suspension remains in effect pending disposition of a disciplinary proceeding in which the court will determine the extent of the final discipline to be imposed.   

On March 29, the state Supreme Court suspended Jackson lawyer Thomas V. Smith for one year, but allowed Smith to serve one year of probation instead if he meets two requirements: obtaining three hours of additional continuing legal education and engaging the services of a practice monitor. Smith was disciplined for engaging in a business transaction with his client without properly informing the client of a conflict of interest. The court determined that his actions violated Rules of Professional Conduct 1.7 and 1.8 and ordered Smith to pay the costs of the disciplinary proceeding.

On April 12, the Supreme Court issued an order suspending the law license of Linden attorney Bobby A. McGee after he pleaded guilty to a serious crime and was found guilty of two other criminal charges. In United States of America vs. Bobby A. McGee " filed in the U.S. District Court for the Western District of Tennessee " McGee pleaded guilty to knowingly possessing 185 child pornography computer image files in violation of federal law. In another case   " filed in the U.S. District Court for the Northern District of Florida " a jury found him guilty of two counts of using interstate commerce to induce a minor to engage in sexual activity.   As a result of an earlier disciplinary matter, McGee's law license was suspended on Oct. 7, 2008, and remains so until July 19, 2011.

The Tennessee Supreme Court suspended the law license of former Knox County Law Director William S. Lockett Jr. on April 13 based on his plea of guilty to the serious crime of theft over $10,000. The Supreme Court further ordered the Board of Professional Responsibility to institute a formal proceeding to determine the extent of final discipline to be imposed as a result of the conviction.

Dyersburg lawyer Thomas H. Strawn Jr. was suspended April 20 by the Tennessee Supreme Court for two years but was allowed to serve 22 months on probation after serving 60 days on active suspension. The court also gave him credit for the eight days he spent on temporary suspension. The court found that Strawn neglected his clients' Chapter 13 bankruptcy cases in violation of Rules of Professional Conduct 1.1, 1.3, 1.4, 3.2 and 8.4, and ordered him to pay the costs of the disciplinary proceeding.

On April 14, the Supreme Court of Tennessee temporarily suspended the law license of Chattanooga attorney Charles E. Stanbery Jr. for failure to respond to a complaint of ethical misconduct.

On April 22, the Tennessee Supreme Court temporarily suspended the law licenses of Lawrenceburg attorney Charles Matthew Bates, Tipton County attorney Jewel Guy Boozer, Knoxville attorney Kristin Alyse Godsey   and   Nashville attorney Matthew Fort Mayo for failure to respond to a complaint of ethical misconduct.

Disbarred

On April 14, the Supreme Court of Tennessee disbarred Wade R. Baggette of Monroe, La. The Board of Professional Responsibility filed a petition for reciprocal discipline after the Supreme Court of Louisiana disbarred Baggette on Oct. 20, 2009. In February, the court entered a notice for Baggett to show cause as to why reciprocal discipline should not be imposed in Tennessee. Baggette filed an objection to the discipline, but after considering the entire record, the court disbarred Baggette from the practice of law in Tennessee under the same conditions imposed in Louisiana. The court further ordered Baggette to reimburse the Board of Professional Responsibility $615 for the costs of the proceeding and to pay the Supreme Court's costs.

Disability Inactive

On April 1, the Supreme Court of Tennessee issued an order transferring the law license of Memphis attorney William T. Maxwell Jr. to disability inactive status for an indefinite period. Maxwell may petition for dissolution or modification of the transfer but must show that his disability no longer exists to qualify for reinstatement.

Reinstated

The following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education:
Terence J. Fairfax, Joelton
David S. Gonzenbach, Chattanooga
Bum Lee, Seoul, South Korea

Censured

Knoxville lawyer James A. H. Bell received a public censure from the Board of Professional Responsibility on March 4 after being found in criminal contempt by the U.S. District Court for the Eastern District of Tennessee. In August 2009, U.S. Magistrate Judge Clifford Shirley held Bell in contempt beyond a reasonable doubt for misrepresentations made with the intent to obstruct the business of the court and the administration of justice. Specifically, the judge found that Bell had intentionally, willfully and knowingly made misrepresentations about a meeting with a person who later was a co-defendant in a criminal case in which Bell represented another co-defendant. The judge fined Bell $5,000, the maximum amount allowed. Bell self-reported the contempt charge to the board. In imposing the censure, the board determined that Bell's actions violated Rules of Professional Conduct 3.3(a) and 8.4(d).

On March 17, Clinton Eugene Hagaman received a public censure from the Board of Professional Responsibility for violating Rule of Professional Conduct 8.4(c). During the course of his employment as an associate attorney with a Tennessee law firm, Hagaman prepared a letter on behalf of an individual purporting to have accepted $10,000 for representation in a felony drug case. In reality, however, Hagaman had not received the funds, and the letter was intended to deceive a third party into believing that such a payment had been made. Soon thereafter, Hagaman left the state to seek rehabilitation for a substance abuse problem. The individual who received the letter drafted by Hagaman met with the firm's senior counsel and demanded representation for his drug charge. The senior counsel agreed to represent the individual through disposition of his criminal case.

Suspended

On Feb. 17, the Supreme Court of Tennessee summarily and temporarily suspended Shelby County lawyer James M. Hoots after finding he had misappropriated funds to his own use. The suspension remains in effect until dissolution or modification by the court.

Gerard Thomas Nebel of Nashville was suspended on Feb. 22 for six months and for an indefinite period thereafter until he makes full restitution to two parties. The Supreme Court found that Nebel failed to pay an expert witness after being given $3,000 by a client for that purpose. Further, the court found that while representing a company, Nebel solicited a $13,000 personal loan from the owner, which was never repaid. The court determined that each complainant was entitled to full restitution. In addition to imposing the suspension, the court ordered Nebel to pay the costs of the disciplinary proceeding. His actions were determined to have violated Rules of Professional Conduct 1.15 and 8.4(a)(c)(d).

Nashville lawyer Stephanie Janet Williams was suspended on Feb. 22 for one year with all time to be served on probation under the guidance of a practice monitor. The Supreme Court found that Williams neglected a client's case and failed to keep the client informed, which violated Rules of Professional Conduct 1.3, 1.4, 3.2 and 8.4. Williams agreed to a conditional guilty plea, which was approved by the court.

On March 1, the Tennessee Supreme Court suspended the law license of Carter County lawyer Thomas E. Cowan Jr. following his decision to plead guilty to the serious crime of willful attempt to defeat or evade the payment of taxes - a violation of 26 U.S.C. 7201. The Supreme Court also ordered the Board of Professional Responsibility to institute a formal proceeding against Cowan to determine the extent of final discipline pending an expected conviction.

On March 10, the Tennessee Supreme Court temporarily suspended the law license of Nashville attorney Mary Belle Langford because of her failure to respond to a complaint of ethical misconduct. In response, Langford filed an application with the court requesting a dissolution or modification of the suspension. A hearing to consider whether the suspension should be continued, modified or dissolved will be conducted before a panel consisting of two members of the Board of Professional Responsibility and one hearing committee member from Davidson County.

On March 19, Knoxville lawyer Kenneth Corum was suspended for eight months for failing to respond to a complaint of misconduct. However, the court made the suspension retroactive to April 17, 2009, the date a temporary suspension had been imposed. Corum submitted a conditional guilty plea and agreed to pay the costs of the disciplinary proceeding. The court determined his action violated Rule of Professional Conduct 8.1. He also was ordered to pay the costs of the disciplinary proceeding.

The Tennessee Supreme Court on March 19 temporarily suspended Nashville attorney John Broadbent Cundiff due to his failure to respond to a complaint of ethical misconduct. The suspension will remain in effect until dissolution or modification by the court.

Knox County lawyer Lisa Anne Temple was temporarily suspended on March 19 for failing to respond to a complaint of ethical misconduct. The suspension will remain in effect until dissolution or modification by the Supreme Court.

On March 25, the Tennessee Supreme Court suspended Davidson County lawyer Anna E. Haas for two years after determining she failed to communicate with clients, failed to properly account for all funds distributed to her on clients' behalf, negligently represented a client in an estate matter, and failed to respond to requests from the Board of Professional Responsibility. The court found that her actions violated Rules of Professional Conduct 1.1, 1.3, 1.4, 1.15(b), 1.16, 8.1 and 8.4. She also was ordered to pay the costs of the disciplinary proceeding.

On March 26, the Tennessee Supreme Court suspended Sullivan County lawyer Suzanne Shackleford Queen from the practice of law for 11 months and 29 days, retroactive to the date of a temporary suspension imposed on Aug. 29, 2008. Queen was suspended for failing to communicate with a client, failing to properly withdraw from representation of a client and failing to respond to requests from the Board of Professional Responsibility. The court determined that her actions violated Rules of Professional Conduct 1.4, 1.16 and 8.1. In addition to imposing the suspension, the court ordered her to pay the costs of the disciplinary proceeding.

Disbarred

The Supreme Court of Tennessee disbarred Christopher Lawrence May on March 8 following his June 2009 disbarment in Arizona for violations of duties and obligations as a lawyer. The Arizona action also required him to pay a total of $8,400 in restitution to four individuals. Despite Tennessee's repeated attempts to serve notice on May, service could not be verified due to May's apparent failure to comply with court rules that require attorneys to notify the Board of Professional Responsibility of address changes. May failed to respond to a show cause order from the court as to why reciprocal discipline should not be imposed in Tennessee. In addition to disbarrment, the court ordered May to pay the costs of the disciplinary proceeding.

Reinstated

The following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education: Mark Anthony Carey, Buffalo, N.Y.; Nathan William Conrey, Old Hickory; Clay Spencer Nails, Corinth, Miss.

Censured

Memphis lawyer Archie Sanders III was publicly censured by the Tennessee Supreme Court on Feb. 2 for failing to diligently move clients' cases toward resolution and failing to adequately communicate with clients. The Board of Professional Responsibility determined that his actions violated Rules of Professional Conduct 1.3, 1.4 and 8.4(d). The board also ordered him to pay the costs of the disciplinary proceeding.

 

Suspended

On Feb. 12, the Supreme Court of Tennessee summarily and temporarily suspended Williamson County lawyer Diane Gurulé Livingston from the practice of law after finding she had failed to respond to a complaint of misconduct. The suspension remains in effect until dissolution or modification by the court.

Knoxville lawyer Robert Leo McReynolds III was summarily and temporarily suspended from the practice of law on Feb. 12 after failing to respond to a complaint of ethical misconduct. The suspension remains in effect until dissolution or modification by the court.

The Supreme Court of Tennessee on Feb. 12 summarily and temporarily suspended Wilson County attorney Samuel Mingledorff from the practice of law after finding that he failed to respond to a complaint of misconduct. The suspension remains in effect until dissolution or modification by the court.

Disbarred

Dandridge lawyer Jeffrey L. Jones was disbarred by the Tennessee Supreme Court on Feb. 5. Jones consented to the disciplinary action and filed an affidavit stating that he could not successfully defend himself against charges filed by the Board of Professional Responsibility.

On Jan. 15, Louisville, Ky., lawyer Bruce Dwain Atherton was disbarred in Tennessee. He consented to the disbarment after acknowledging he could not successfully defend himself against charges filed by the Board of Professional Responsibility that he had pled guilty to a felony.

Reinstated

The following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education:
Stephen Fitzgerald Jr., Gainesville, Ga.
Danny F. Nichol, Minnetonka, Minn.
Charles E. Reed, Nashville

Censured

On Jan. 19, Memphis lawyer Lenal Anderson received a public censure from the Board of Professional Responsibility. The board found that he failed to diligently pursue a client's litigation by waiting several years before attempting to join with a lawyer in the location where suit was to be filed. The board also determined that he failed to keep his client informed about the status of the case. These actions violated Rules of Professional Conduct 1.3 and 1.4.

Memphis lawyer Paul Forrest Craig received a public censure from the Board of Professional Responsibility on Jan. 19 for failing to draft or file documents establishing a conservatorship for a client's son, despite telling his client and the board that he would resolve the matter quickly. The board also found that he failed to effectively communicate with his client regarding the status of the case. His actions were found to have violated Rules of Professional Conduct 1.3, 1.4 and 8.4.

Bradley Glenn Kirk of Lexington received a public censure from the Board of Professional Responsibility on Jan. 19 for divulging confidential information about a client. The board reported that Kirk's representation of the client did not violate the rules, but when he sought to withdraw from representation, he divulged confidential information in an affidavit. The board found that his actions violated Rule of Professional Conduct 1.6.

On Jan. 19, Murfreesboro lawyer Carl Richard Moore received a public censure from the Board of Professional Responsibility for depositing several thousand dollars of personal funds in his IOLTA trust account, and for using money from the account to pay personal and business expenses. The board found his actions violated Rule of Professional Conduct 1.15.

Cleveland lawyer Carl F. Petty received a public censure from the Board of Professional Responsibility on Jan. 19 for conducting himself in a manner that was disrespectful to judges and prejudicial to the administration of justice in the courts of the Tenth Judicial District. The board found that his actions violated Rule of Professional Conduct 8.4.

Brentwood lawyer Charles Craig Morrow received a public censure from the Board of Professional Responsibility on Jan. 21 for communicating on two occasions with individuals represented by counsel. On July 31, 2009, Morrow had telephone communication about a pending civil matter with a party known to be represented. He was reminded of the representation during the phone call but failed to cease the communication. In a separate matter, on Aug. 29, 2009, Morrow had communication about a dispute in a pending divorce case with a party represented by counsel. The board found that his actions violated Rule of Professional Conduct 4.2.

Memphis lawyer Murray B. Wells received a public censure from the Board of Professional Responsibility on Jan. 21 for failing to supervise a non-lawyer assistant and for failing to ensure the safekeeping of property. Wells was an owner of a title company and served as the authorized agent/closing attorney for a title insurance underwriter. Under his agreement with the underwriter, Wells was to maintain an escrow/trust account and reconcile that account monthly. Wells employed a non-lawyer to handle closings and disburse settlement proceeds in accordance with contract guidelines and lender instructions. However, because Wells did not conduct monthly audits of the trust account and failed to properly supervise his assistant, a theft occurred. In addition, Wells failed to provide recompense to the insurance underwriter, although no consumers suffered losses. The board found that these actions violated Rules of Professional Conduct 1.15 and 5.3(b).

Suspended

On Dec. 30, 2009, New Tazewell lawyer James Dallard Estep III was suspended by the Tennessee Supreme Court for one year, but the court allowed him to serve 10 months of the suspension on probation. The court found that Estep neglected an estate and paid himself fees from an estate without court approval, and that those actions violated Rules of Professional Conduct 1.1, 1.3, 1.4, 1.5, 1.15 and 8.4. In addition to imposing the suspension, the court ordered Estep to pay the costs of the disciplinary proceeding. Estep agreed to the discipline and entered a conditional guilty plea. Under the order, he will serve two months of active suspension followed by 10 months of probation.

On Jan. 6, the Tennessee Supreme Court suspended Maryville lawyer Charles Alphonso Carpenter for three months for misappropriating funds from his former law firm, neglecting a client's case and failing to keep a client informed. The court determined that his actions violated Rules of Professional Conduct 1.3, 1.4, 1.15, 3.2 and 8.4. In addition to imposing a suspension, the court referred Carpenter to the Tennessee Lawyers Assistance Program (TLAP), ordered him to make restitution in the amount of $1,862 to the firm, and pay the costs of the disciplinary proceeding. Carpenter submitted a conditional guilty plea and agreed to the discipline.

On Jan. 7, the Tennessee Supreme Court suspended Nashville lawyer John Jay Hooker for 30 days for filing frivolous litigation and making statements about judges with reckless disregard of the truth or falsity of the claims. The court found that these actions violated Rules of Professional Conduct 3.1, 8.2 and 8.4, and ordered Hooker to pay the costs of the disciplinary proceedings. At the beginning of the process, the Board of Professional Responsibility's hearing panel recommended that Hooker be publicly censured for the actions. Both Hooker and the board appealed that recommendation to a special judge, who in turn rejected the censure and imposed a 30-day suspension. Hooker then appealed to the Tennessee Supreme Court. That court dismissed the appeal based on Hooker's failure to file an appeal bond or pay the litigation tax within the extended time permitted, thus allowing the special judge's order to stand.

On Jan. 8, Nashville lawyer David Henry Hornik was suspended by the Tennessee Supreme Court for one year and six months retroactive to a temporary suspension imposed on April 10, 2008. He also was indefinitely suspended until he complies with Rule 9, Section 18 of Rules of the Supreme Court, which requires suspended attorneys to notify clients, co-counsel and opposing counsel of the suspension. Hornik was found to have neglected clients' cases, failed to keep clients informed and failed to advise co-counsel and a client about his temporary suspension. The court determined that his actions violated Rules of Professional Conduct 1.16, 1.3, 1.4, 1.5, 3.2, 3.4, 8.1 and 8.4. In addition to imposing the suspension, the court referred him to Tennessee Lawyers Assistance Program (TLAP) and ordered him to pay the costs of the disciplinary proceeding.

On Jan. 12, the state Supreme Court suspended Dana L. Nero of Nashville for one year, but allowed her to serve the time on probation instead. The court found that Nero made misleading statements to a bonding company as a result of her arrest on drug related charges. She later completed a pre-trial diversion program. The court determined that her actions violated Rules of Professional Conduct 1.2, 4.1 and 8.4, and ordered her to pay the costs of the disciplinary proceeding.

The Tennessee Supreme Court summarily and temporarily suspended Nashville lawyer Jerry Maynard II on Jan. 25 for failing to respond to a complaint of ethical misconduct. The suspension remains in effect until dissolution or modification by the court.

On Jan. 25, the Supreme Court of Tennessee issued an order summarily and temporarily suspending Knoxville lawyer Kathy Burns Stillman from the practice of law for failing to respond to a complaint of ethical misconduct. The suspension remains in effect until dissolution or modification by the court.

Disbarred

The Tennessee Supreme Court disbarred Nashville lawyer Michael H. Sneed on Jan. 26 pursuant to three petitions for discipline from the Board of Professional Responsibility. The court found that Sneed committed trust account violations; neglected client cases; assisted non-attorneys in the unauthorized practice of law; and failed to keep clients informed, explain potential conflicts of interest to clients, respond to the board's requests for information and safeguard funds. The court determined that his actions violated Rules of Professional Conduct 1.3, 1.4, 1.7, 1.15, 5.3, 5.4, 5.5, 8.1 and 8.4.

Also on Jan. 26, the court found that Sneed continued practicing law while suspended in 2009. Based on the recommendation of a special master appointed to consider the matter, the court held Sneed in criminal contempt, sentenced him to 50 days in jail and ordered him to pay a fine of $2,500 and the costs of the disciplinary proceeding. Sneed was to surrender to the Davidson County Sherriff by Feb. 10. In the months following a February 2009 suspension imposed on Sneed, the board received complaints that he was continuing to practice law. Following an investigation, the board filed a petition for criminal contempt. In response, the Supreme Court appointed a special master, who found Sneed guilty beyond a reasonable doubt of criminal contempt. Due to the egregious nature of the conduct, the special master recommended the maximum penalty. On Jan. 26, the court accepted that recommendation.