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:
Matthew Edward Davis, Gilbert, S.C.
Nicole Pyne, Salt Lake City, Utah
Darren E. Ridenour, Knoxville

Censured

A censure declares conduct improper but does not limit the right to practice law.

On Feb. 25, Kentucky lawyer David Randall Steele was censured by the Board of Professional Responsibility for violating several Rules of Professional Conduct while representing two individuals in a personal injury auto accident that occurred in Tennessee. First, the board found that Steele violated Rule 1.8(h), which prohibits a lawyer from entering into a contract with a client to prospectively limit malpractice liability. The contract signed by the clients stated, "Client understands and agrees that Client may be dissatisfied with said outcome or result and that client may be in a worse or poorer legal position at the termination of this representation as a result of the attorney's efforts." Second, the board found that Steele violated Rule 7.6(b), which prohibits a lawyer from accepting referrals from organizations not registered with the Tennessee Board of Professional Responsibility. Steele accepted the case on referral from an accident resolution company that was not registered with the board. Third, the board found that Steele violated Rule 1.7(a) when he paid one total lump sum settlement to the clients although they had separate claims, medical expenses and settlements. Fourth, the board found that Steele violated Rule 1.15(b) when he could not produce proof that he provided the resolution company with funds for subrogation claims. Finally, the board found that Steele did not prepare a settlement disbursement, in violation of Rule 1.5(c).

Suspended

Suspension is effective 10 days after issuance, except where immediate suspension is necessary to protect the public. A suspended lawyer may not accept new clients but may continue representing current clients for 30 days. The lawyer must notify all clients, co-counsel and opposing counsel of the suspension order; return to clients any papers or property to which they are entitled; not use the indicia of lawyer, legal assistant or law clerk; and not maintain a presence where the practice of law is conducted. An attorney suspended for one year or more must prove by clear and convincing evidence that he has the moral qualifications, competency and learning required for admission to the practice of law, and that resumption of his practice would not be detrimental to the integrity and standing of the bar or the administration of justice, nor be subversive to the public interest. An attorney suspended for less than one year with conditions may resume practice after complying with those conditions. An attorney suspended for less than one year with no conditions may resume practice without reinstatement.
  
Knoxville attorney Randy Miller was summarily and temporarily suspended from the practice of law on Feb. 24. The Supreme Court found that he failed to respond to the Board of Professional Responsibility about a misconduct complaint, which is a violation of Supreme Court Rule 9, Section 4.3. According to the court, the suspension will remain in effect until dissolved or modified.

On Feb. 24, Michael Sneed of Madison was suspended for 18 months for neglecting client files, failing to communicate with clients and failing to keep adequate trust account records. The Board of Professional Responsibility filed a petition for discipline against Sneed and a hearing panel considered his case. The panel found that Sneed violated Disciplinary Rules 1-102(A)(B), 2-110(A)(1)(2), 6-101(A)(1)(2)(3), 7-101(A)(1)(2)(3)(4), 7-102(A)(3), and 9-102(A)(B). It recommended, and the Supreme Court imposed, an 18-month suspension. Sneed filed a motion with the court to vacate the order, but on March 23, the court affirmed its prior order in all respects. In addition to the temporary suspension, the court also ordered Sneed to pay the costs of the disciplinary proceeding.

On March 9, William Lawrence Embry of Summerland Key, Fla., was suspended from the practice of law in Tennessee for 36 days for failing to pay child support obligations. He also was publicly censured for engaging in the unauthorized practice of law. Based on three complaints, the Board of Professional Responsibility convened a hearing panel, which found that Embry failed to pay child support obligations, failed to correct the court record in a case in which he was the defendant, and engaged in the unauthorized practice of law in Colorado by failing to indicate on his letterhead that he was not licensed in that state. Embry appealed the hearing panel's findings to the Davidson County Chancery Court, which set aside the court record complaint, modified the unauthorized practice of law finding to impose a censure, and gave Embry credit for 36 days already served while on temporary suspension in 2001.

The Tennessee Supreme Court temporarily suspended the law license of Crossville attorney Anthony Turner on March 16. The Board of Professional Responsibility petitioned the court to suspend Turner's license because of his failure to respond to a complaint of ethical misconduct.

On March 25, Elijah Blaine Sprouse was suspended from the practice of law for one year " effective April 4 " after pleading no contest to a misdemeanor charge of domestic assault in Davidson County Criminal Court and pleading guilty to two misdemeanor charges in Ventura County, Calif., for driving under the influence and child endangerment. The court found that Sprouse's action violated Rule 8.4 of the Rules of Professional Conduct and ordered him to pay the costs of the disciplinary proceeding. Sprouse entered a conditional guilty plea and accepted the suspension. He may not resume practice until reinstated by the court.

Disbarred

In Tennessee, disbarment becomes effective 10 days after an order of the court. Under the Rules of Professional Conduct, a disbarred lawyer must notify all clients, co-counsel and opposing counsel of the disbarment; must deliver to all clients any papers or property to which they are entitled; may not use the indicia of lawyer, counselor at law, legal assistant, law clerk or similar title; and may not maintain a presence or occupy an office where the practice of law is conducted. A lawyer who has been disbarred after hearing or by consent may not apply for reinstatement for at least five years. When applying, the lawyer must prove by clear and convincing evidence that reinstatement would not be detrimental to the integrity and standing of the bar or the administration of justice, nor be subversive to the public interest.

On March 2, Knoxville lawyer Nathanael Ellis Anderson was disbarred and ordered to pay restitution totaling $70,811.85 to former clients. The action came after the Board of Professional Responsibility received 46 complaints about Anderson from judges, attorneys and clients. Based on the recommendation of the hearing panel convened by the board, the court found that Anderson continued to practice law after being suspended in September 2007; made false statements to courts, opposing counsel and clients regarding his suspension; and accepted fees while suspended, in violation of the Rules of Professional Conduct.

Brentwood lawyer William G. Weaver III was disbarred by the Tennessee Supreme Court on March 9 for mishandling funds. Weaver consented to disbarment, according to the Board of Professional Responsibility, because he could not successfully defend himself on the charges.

Cookeville attorney and former 13th Judicial District Attorney William E. Gibson was disbarred by the state Supreme Court on March 20 for engaging in intentional conduct that cast doubt on his fitness to practice law, was prejudicial to the administration of justice, and caused serious injury to the integrity of the legal process. The court also found that as an elected official, Gibson knowingly abused his position with the intent to obtain a significant benefit for another. On specific charges, the court found that Gibson (1) improperly communicated with a suspect charged with first degree murder, (2) influenced the outcome of a prosecution, (3) misrepresented the strength of the state's case to a victim's family, (4) engaged in a conflict-of-interest regarding the prosecution and post-conviction petitions of two individuals, (5) intentionally deceived the court and the Board of Professional Responsibility about his relationship with two individuals and the handling of their cases, (6) improperly withheld material information, (6) failed to act with reasonable diligence in representing the state, (7) breached confidentiality and (8) engaged in ex parte communications with represented parties and other judges. The court had suspended Gibson's license on Sept. 25, 2006, pending an investigation into allegations of misconduct. Gibson did not appeal the disbarment decision. �

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: Harvey Louis Goodman, Knoxville; Wendell Lloyd, San Francisco.

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: Don Michael Roman, Stone Mountain, Ga.; Jeffrey Dotson Seidman, Memphis; Wendy Ann Stanfield, Chattanooga; Jeffrey Lamont Warfield, Saipan, MP; Rebecca Miller Warfield, Saipan, MP.

Censured

A censure declares conduct improper but does not limit the right to practice law.
  
Brentwood attorney Charles G. Blackard III was publicly censured by the Board of Professional Responsibility on Feb. 13. The censure was based on his actions in two separate domestic relations cases. In both cases, Blackard failed to keep clients informed and failed to respond to reasonable requests for information. He also failed to make reasonable efforts to expedite the cases and failed to respond to requests for information by the Board of Professional Responsibility. For these actions, the board determined that Blackard violated Rules of Professional Conduct 1.3, 1.4, 3.2, 8.1 and 8.4(a)(d).

The Board of Professional Responsibility censured Gainesboro lawyer William L. Draper on Feb. 14 for engaging in inappropriate representation. A petition for discipline was filed against Draper by the board on May 23, 2006. On Nov. 17, 2006, a hearing panel entered a default judgment and determined a censure should be imposed. The panel found that Draper's conduct in pursuing an interest against a former client violated the Rules of Professional Conduct since the matter was substantially related to his representation of the former client. His actions, according to the board, violated Rules of Professional Conduct 1.6(a), 1.7(a)(b), 1.9 and 8.4(c)(d). In addition to imposing the censure, the board ordered Draper to pay $2,172.40 to cover the cost and expenses of the disciplinary proceeding. Draper did not seek review of the hearing panel's decision.

Suspended

Suspension is effective 10 days after issuance, except where immediate suspension is necessary to protect the public. A suspended lawyer may not accept new clients but may continue representing current clients for 30 days. The lawyer must notify all clients, co-counsel and opposing counsel of the suspension order; return to clients any papers or property to which they are entitled; not use the indicia of lawyer, legal assistant or law clerk; and not maintain a presence where the practice of law is conducted. An attorney suspended for one year or more must prove by clear and convincing evidence that he has the moral qualifications, competency and learning required for admission to the practice of law, and that resumption of his practice would not be detrimental to the integrity and standing of the bar or the administration of justice, nor be subversive to the public interest. An attorney suspended for less than one year with conditions may resume practice after complying with those conditions. An attorney suspended for less than one year with no conditions may resume practice without reinstatement.
  
On Jan. 29, the Supreme Court summarily and temporarily suspended the license of Kingston lawyer Spence R. Bruner for failing to comply with a Tennessee Lawyers Assistance Monitoring Agreement. Supreme Court Rule 9, Section 4.3 provides for the immediate summary suspension of an attorney's license in cases of failure to substantially comply with a monitoring agreement. The suspension remains in effect until dissolved or modified by the court.

The Tennessee Supreme Court temporarily suspended the law license of Jackson attorney Linda Sesson Taylor on Feb. 1. The Board of Professional Responsibility had petitioned the court to impose the suspension based on Taylor's failure to respond to a complaint of ethical misconduct. The action was taken pursuant to Section 4.3 of Tennessee Supreme Court Rule 9.

On Feb. 12, the Tennessee Supreme Court temporarily suspended the law license of Glenn Erikson after he pleaded guilty to one count of wire fraud affecting a financial institution in violation of 18 USC Section 1343. The court also ordered the Board of Professional Responsibility to institute a formal proceeding to determine the final discipline to be imposed. The suspension remains in effect until dissolved or amended by the court. The action was taken pursuant to Section 14 of Tennessee Supreme Court Rule 9.

Court of Judiciary Action

The Court of Judiciary issued a public reprimand Feb. 19 to Springfield General Sessions Judge Burton D. Glover for two violations of state campaign finance law and two instances of misrepresenting factual information. During his 1998 campaign, and again during the 2006 campaign, Glover accepted a corporate contribution of more than $1,000. State law prohibits corporate donations as well as contributions over $1,000. When notified of the violation, Glover refunded the contributions. The court also reprimanded Glover for campaign advertising in 2006 that knowingly misrepresented his accomplishments and suggested that another judge was habitually absent from court. Glover accepted the reprimand.  

Reinstated

Delores Charlotte Korb of Santa Fe, N.M. has complied with Section 20 of Supreme Court Rule 9, which requires the payment of annual registration fees, and her non-payment suspension has been removed. However, she remains suspended for non-compliance with continuing legal education requirements.
Knoxville attorney Aubrey Lewis Davis was reinstated to the practice of law on Jan. 15 after responding to a complaint of misconduct. He had been suspended temporarily on Sept. 19, 2007, for failing to respond to the Board of Professional Responsibility. In reinstating Davis, the Supreme Court also required him to pay the costs of the disciplinary proceeding.

Nashville lawyer Kevin Shalom Terry was reinstated to the practice of law on Dec. 4, 2007, after complying with conditions imposed by the Supreme Court. The court suspended Terry on Aug. 1, 2006, and conditioned his reinstatement on compliance with a number of requirements, which he completed, and then petitioned the court for reinstatement.

Suspended

Suspension is effective 10 days after issuance, except where immediate suspension is necessary to protect the public. A suspended lawyer may not accept new clients but may continue representing current clients for 30 days. The lawyer must notify all clients, co-counsel and opposing counsel of the suspension order; return to clients any papers or property to which they are entitled; not use the indicia of lawyer, legal assistant or law clerk; and not maintain a presence where the practice of law is conducted. An attorney suspended for one year or more must prove by clear and convincing evidence that he has the moral qualifications, competency and learning required for admission to the practice of law, and that resumption of his practice would not be detrimental to the integrity and standing of the bar or the administration of justice, nor be subversive to the public interest. An attorney suspended for less than one year with conditions may resume practice after complying with those conditions. An attorney suspended for less than one year with no conditions may resume practice without reinstatement.

On Dec. 13, 2007, the Supreme Court of Tennessee suspended the law license of Lexington attorney Stephen M. Milam for six years, retroactive to June 26, 2007. However, the court deferred his sentence and placed him on probation, allowing him to practice law after Dec. 26, 2007. The court conditioned his right to practice law on compliance with the terms of his deferred sentence and supervised probationary period. Under the court's order, failure to meet any of the conditions will result in immediate reinstatement of the suspension for the time remaining to be served. Milam's suspension was a result of pleading guilty to serious crimes such as obtaining or attempting to obtain a controlled substance by fraud, possession of a Schedule III controlled substance, and obtaining or attempting to obtain a controlled substance by fraud. The Board of Professional Responsibility determined that his actions violated Rule 8.4(a)(b)(d) of the Tennessee Rules of Professional Conduct. Milam agreed to the discipline.

Memphis attorney King Bethel Harris III was suspended from the practice of law for one year on Jan. 3. The Board of Professional Responsibility had filed a petition for discipline against Harris on Oct. 2, 2005. The board alleged that Harris engaged in the unauthorized practice of law prior to becoming licensed in any state. On April 20, 2007, Harris entered a conditional guilty plea, admitting he violated Rules of Professional Conduct 5.5(a) and 8.4(a)(d), and agreed to the suspension. The court also ordered him to refund $10,000 to Katja Fort and pay the costs of the disciplinary proceeding.

Disability Inactive

Disability inactive status precludes an attorney from practicing law in the state immediately. The designation remains in effect until further order of the court, however the attorney is entitled to petition the court for reinstatement to active status once a year (or at shorter intervals if the court allows). To return to active status, the attorney must show by clear and convincing evidence that the disability has been removed and that he or she is fit to resume the practice of law.

The law license of Michael D. Kellum, who last practiced in Johnson City, was placed on disability inactive status Jan. 4 by the state Supreme Court. Kellum petitioned the court for the transfer because of an illness and the Board of Professional Responsibility did not object. Prior to the transfer, his license had been temporarily suspended pursuant to Rule 9, Section 4.3 of the Rules of the Tennessee Supreme. Kellum may not practice law until the court reinstates his license.

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: James M. Allen, Memphis; William Lawley Baggett Jr., Atlanta, Ga.; H. Scott Bates, Orlando, Fla.; Timothy M. Davis, Fairfield, Conn.; Victoria Leora DiBonaventura, Buchanan; Harlington Leroy Hanna Jr., Loxahatchee, Fla.; E.H. Mechem, McDonough, Ga.; Cynthia Marrone, Guilford, Conn.; James M. Moore Jr., Knoxville; Teresa Annette Scott, Bowie, Md.; Lauren Douglas Shelton, Memphis; and Mark Thomas Wade, Oakmont, Pa.

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: Jonathan Graham Carver, Brooklyn, N.Y.; Timothy M. Davis, Fairfield, Conn.; Donald Sutherland Holm III, Germantown; LaKenya R. Middlebrook, Knoxville; and Kenneth Ray Russell Jr., Abingdon, Va.

Nashville attorney G. Thomas Nebel was reinstated to the practice of law on Nov. 21 after responding to a complaint of misconduct. He had been suspended temporarily on Sept. 25 for failing to respond to the Board of Professional Responsibility.

Censured

A censure declares conduct improper but does not limit the right to practice law.

On Nov. 27, the Board of Professional Responsibility issued a public censure to Knoxville lawyer John T. Sholly for his failure to respond to court orders directing him to file a brief and appear before the court. The action stemmed from two complaints. The first accused Sholly of neglecting a number of cases and not maintaining basic accounting standards for attorney trust accounts. The second complaint came from a client who paid Sholly $5,000 to represent him in a DUI case. The client terminated Sholly's employment and filed a fee dispute to get his money back. The fee dispute committee required Sholly to reimburse the client $1,500, but to date he has not complied. For these infractions, the board found that he violated Rules of Professional Conduct 1.3, 1.5 and 1.15. Sholly was notified of the censure but did not request a hearing.

Suspended

Suspension is effective 10 days after issuance, except where immediate suspension is necessary to protect the public. A suspended lawyer may not accept new clients but may continue representing current clients for 30 days. The lawyer must notify all clients, co-counsel and opposing counsel of the suspension order; return to clients any papers or property to which they are entitled; not use the indicia of lawyer, legal assistant or law clerk; and not maintain a presence where the practice of law is conducted. An attorney suspended for one year or more must prove by clear and convincing evidence that he has the moral qualifications, competency and learning required for admission to the practice of law, and that resumption of his practice would not be detrimental to the integrity and standing of the bar or the administration of justice, nor be subversive to the public interest. An attorney suspended for less than one year with conditions may resume practice after complying with those conditions. An attorney suspended for less than one year with no conditions may resume practice without reinstatement.

The state Supreme Court temporarily suspended John Louis Dolan Jr., of Olive Branch, Miss., on Nov. 21 for failure to respond to a complaint of misconduct. The suspension remains in effect until dissolved or amended by the court.

Damon Jarrid Lee was suspended from the practice of law on Nov. 21 after being convicted of two forgery charges in Bradley County Criminal Court. On Sept. 26, Lee was found guilty of forgery under $1,000 and forgery under $10,000 and under $60,000 " felonies in violation of Tenn. Code Ann. 39-14-114. In addition to imposing the suspension, the Supreme Court ordered that a formal disciplinary proceeding be instituted to determine the extent of final discipline. Lee will remain suspended pending resolution of that formal proceeding. According to new reports, Lee now lives in California.

The Tennessee Supreme Court on Nov. 21 placed Louisiana lawyer Scott Eason Meece on interim suspension, based on a similar suspension ordered by the Supreme Court of Louisiana on May 9. The suspension remains in effect until dissolved or amended by the court.

Disbarred

In Tennessee, disbarment becomes effective 10 days after an order of the court. Under the Rules of Professional Conduct, a disbarred lawyer must notify all clients, co-counsel and opposing counsel of the disbarment; must deliver to all clients any papers or property to which they are entitled; may not use the indicia of lawyer, counselor at law, legal assistant, law clerk or similar title; and may not maintain a presence or occupy an office where the practice of law is conducted. A lawyer who has been disbarred after hearing or by consent may not apply for reinstatement for at least five years. When applying, the lawyer must prove by clear and convincing evidence that reinstatement would not be detrimental to the integrity and standing of the bar or the administration of justice, nor be subversive to the public interest.

On Dec. 13, the Supreme Court of Tennessee disbarred former Kingston attorney and Roane County General Sessions Judge Thomas Alva Austin following his conviction on three counts of extortion. In March 2006, Austin pleaded guilty to soliciting roughly $14,000 in kickbacks from driving schools where he sent offenders and a probation office where he ordered offenders to report. He resigned his position effective March 31. He was sentenced to 42 months in prison on Sept. 7, 2006. On Oct. 6, 2006, the court suspended Austin and ordered a formal disciplinary proceeding be undertaken to determine the extent of final punishment. The result of that process was a recommendation of disbarment by the Board of Professional Responsibility. On Oct. 29, 2007, Austin consented to the disbarment.

Disability Inactive

Disability inactive status precludes an attorney from practicing law in the state immediately. The designation remains in effect until further order of the court, however the attorney is entitled to petition the court for reinstatement to active status once a year (or at shorter intervals if the court allows). To return to active status, the attorney must show by clear and convincing evidence that the disability has been removed and that he or she is fit to resume the practice of law.

Knox County attorney David Britton Brand took disability inactive status on Dec. 10 as a result of an illness. He requested the transfer and the Board of Professional Responsibility did not object. Brand may not practice law again until his license is reinstated by the state Supreme Court following a reinstatement hearing.

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:
John Thompson Harding, Goodlettsville; Thomas Michael Leveille, Knoxville; James A. Meany III, Dalton, Ga.; Randy K. Miller, Powell; and Glen A. Wimmer, Memphis.

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: Rodney Victor Ahles, Lebanon; Christopher Hunter Jones, Nashville; David John Sachar, Little Rock; and Casey Fitzgerald Wilson, Nashville.

Censured

A censure declares conduct improper but does not limit the right to practice law.
  
Memphis lawyer Charles Mark Pullen received a public censure from the Board of Professional Responsibility for noncompliance with his Tennessee Lawyers Assistance Program contract. The board found that noncompliance violates Rule 8.4(d) of the Tennessee Rules of Professional Conduct.

On Nov. 12, Fernando J. Ramos of Nashville received a public censure from the Board of Professional Responsibility for failing to properly and completely file a client's Chapter 13 bankruptcy petition. Following the filing of a partial petition, the court clerk advised Ramos that certain schedules, statements and other required documents were missing. Ramos did subsequently file some, but not all, of the missing information. On Oct. 16, 2006, the Bankruptcy Court dismissed the case after finding that the debtor had failed to provide all required information. The board found that Ramos' failure to file the necessary documents violated Rules 1.1 and 1.3 of the Tennessee Rules of Professional Conduct.     

On Nov. 13, Nashville lawyer James Todd Faulkner was publicly censured by the Board of Professional Responsibility for misstatements made to his client and the board, and for failure to address client issues in a divorce case. The client represented in the case complained to the board that Faulkner failed to seek or obtain the client's requested name change, failed to complete a Qualified Domestic Relations Order and failed to file a counter complaint. In his response to the board, Faulkner denied the client requested a name change, stated that opposing counsel was going to prepare the order and insisted that he did file the counter complaint. The board found the opposite: the client had requested a name change, court documents showed that Faulkner was to have prepared the order and Faulkner did not file a counter complaint. Accordingly, the board determined that the actions violated Tennessee Rules of Professional Conduct 1.3, 1.4, 8.1(b) and 8.4(c)(d).

The Board of Professional Responsibility publicly censured Memphis lawyer Gail O. Mathes on Nov. 14 because she "stated and implied an ability to influence a tribunal on grounds unrelated to the merits of the procedures governing her client's legal matter." The board found that such an assertion violates Rule 8.4(e) of the Tennessee Rules of Professional Conduct.

Javier M. Bailey of Memphis was publicly censured by the Board of Professional Responsibility on Nov. 16 based on four separate complaints. In the first case, the board found that Bailey failed to acknowledge the complainant's status as a client, failed to keep the client informed about the case and failed to timely respond to the client's demand for a refund of fees. In a second case, two clients' suits were dismissed with prejudice because Bailey did not properly serve process and did not appear at scheduling conferences. In a third situation, a client's case was dismissed because Bailey did not file a transcript, pay proper fees or file required forms. He also did not notify the client for six months that the case had been dismissed. With regard to another suit involving this same client, Bailey failed to respond to written discovery or a motion to compel, resulting in an entry of default judgment against the client. He also failed to appear at a hearing to determine damages. Finally, in a fourth matter, Bailey improperly endorsed a two-party check made payable to a contractor and his client, and instructed his client to deposit it without the endorsement of the contractor. The board found that these actions violated Tennessee Rules of Professional Conduct 1.3, 1.4(a)(b), 1.15(b) and 8.4(a)(c)(d).
  

Suspended

Suspension is effective 10 days after issuance, except where immediate suspension is necessary to protect the public. A suspended lawyer may not accept new clients but may continue representing current clients for 30 days. The lawyer must notify all clients, co-counsel and opposing counsel of the suspension order; return to clients any papers or property to which they are entitled; not use the indicia of lawyer, legal assistant or law clerk; and not maintain a presence where the practice of law is conducted. An attorney suspended for one year or more must prove by clear and convincing evidence that he has the moral qualifications, competency and learning required for admission to the practice of law, and that resumption of his practice would not be detrimental to the integrity and standing of the bar or the administration of justice, nor be subversive to the public interest. An attorney suspended for less than one year with conditions may resume practice after complying with those conditions. An attorney suspended for less than one year with no conditions may resume practice without reinstatement.
  
Madhurendra Kumar Singh, a Tennessee attorney practicing in New Mexico, was temporarily suspended from the practice of law on Nov. 8 pending resolution of disciplinary action against him. The Supreme Court ordered the suspension based on a report from the Board of Professional Responsibility that Singh has disappeared from his last known home and office addresses and has failed to respond to a complaint of misconduct. Given these failures, the board concluded that Singh poses a threat of harm to the public.

The Supreme Court on Nov. 27 suspended Shannon Leigh Clark from the practice of law for five years effective Sept. 17, 2004. Clark had been summarily suspended on that date after pleading guilty to one count of bankruptcy fraud in the U.S. District Court for the Eastern District of Tennessee. The court's November 2007 action represents a final determination of discipline.

Reinstated

Paul F. McQuade of Washington, D.C. was reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education. He was suspended on Aug. 27, 2008.

Censured

A censure declares conduct improper but does not limit the right to practice law.

Nashville lawyer Joseph Beecham received a public censure from the Board of Professional Responsibility on Jan. 27 after he was found to have engaged in the practice of law while on administrative suspension. Beecham's law license was suspended on Aug. 29, 2007, for nonpayment of annual fees to the board, and again on Sept. 4, 2007, for noncompliance with continuing legal education requirements. Though he was not fully reinstated until Oct. 8, 2008, he filed suits in Davidson County General Sessions Court on behalf of a client in July and August of that year. The board determined that his conduct violated Rule 5.5 of the Rules of Professional Responsibility and rules of the Supreme Court of Tennessee. Beecham did not request a hearing on the matter.

Suspended

Suspension is effective 10 days after issuance, except where immediate suspension is necessary to protect the public. A suspended lawyer may not accept new clients but may continue representing current clients for 30 days. The lawyer must notify all clients, co-counsel and opposing counsel of the suspension order; return to clients any papers or property to which they are entitled; not use the indicia of lawyer, legal assistant or law clerk; and not maintain a presence where the practice of law is conducted. An attorney suspended for one year or more must prove by clear and convincing evidence that he has the moral qualifications, competency and learning required for admission to the practice of law, and that resumption of his practice would not be detrimental to the integrity and standing of the bar or the administration of justice, nor be subversive to the public interest. An attorney suspended for less than one year with conditions may resume practice after complying with those conditions. An attorney suspended for less than one year with no conditions may resume practice without reinstatement.

The Tennessee Supreme Court on Jan. 29 temporarily suspended Chattanooga lawyer Jeffrey Stinnett from the practice of law after finding that he failed to respond to the Board of Professional Responsibility concerning complaints of misconduct. Section 4.3 of Supreme Court Rule 9 provides for the immediate summary suspension when an attorney fails to respond to the board regarding a complaint.

On Feb. 2, the Supreme Court of Tennessee temporarily suspended Knoxville lawyer Aubrey Lewis Davis after finding he failed to substantially comply with his Tennessee Lawyers Assistance Program monitoring agreement. The suspension took effect immediately upon issuance.

Ross Allen Barton of Hendersonville was suspended by the Tennessee Supreme Court on Feb. 9 for 29 months after being charged with burglary, misdemeanor theft and prescription fraud. However, the court ordered that after the first five months of suspension, Barton could serve the remaining 24 months on probation so long as he completes 10 hours of pro bono service and complies with the Tennessee Lawyers Assistance Program. The court stipulated though, that failure to comply with the terms of probation could result in revocation of the probation and imposition of license suspension for the remainder of the period. The Board of Professional Responsibility began disciplinary proceedings against Barton in October 2007 after he was arrested for burglary, misdemeanor theft and prescription fraud. The criminal charges were resolved by a Memorandum of Understanding placing Barton on diversion for a period of two years. The court determined that Barton's actions violated Rule of Professional Conduct 8.4, imposed the suspension and ordered him to pay the costs of the disciplinary hearing. Barton entered a conditional guilty plea and accepted the suspension.

On Feb. 9, the state Supreme Court suspended Nashville attorney Robert J. Turner for one year but allowed him to serve the time on probation subject to conditions. Turner entered a conditional guilty plea to four complaints of misconduct, including failure to deliver documents to a client, communicate with clients, respond in a timely manner to discovery requests, raise a critical defense and conduct himself in a professional manner. The court found that his actions violated Disciplinary Rules 1-102, 2-110, 6-101, 7-101 and 9-102 and Rules of Professional Conduct 1.1, 1.2, 1.3, 1.4, 1.5, 1.15, 1.16, 3.2, 4.1, 4.2, 4.4, 8.1 and 8.4. To be eligible for probation Turner must engage a practice monitor to review and monitor his office on a monthly basis. The practice monitor is to focus on client communications, fee agreements and the timeliness of case related tasks. Failure to comply with the terms of probation may result in revocation of probation and imposition of suspension for the remainder of the period. The court also ordered Turner to pay the costs of the disciplinary proceedings.

On Feb. 18, the Supreme Court lifted the seal on a Nov. 13, 2007, order suspending Knoxville lawyer Thomas F. DiLustro for 30 days for violation of the Rules of Professional Conduct. In the order, the court also mandated that DiLustro comply with a two-year monitoring agreement with the Tennessee Lawyers Assistance Program. DiLustro entered a conditional guilty plea that was accepted by the court.

Reinstated

Edward Victor Longinotti III of Nashville was reinstated to the practice of law on Jan. 6 after complying with Section 20 of Supreme Court Rule 9, which requires the payment of annual registration fees.

Wilson County lawyer Gary Wayne Vandever was reinstated to the practice of law on Jan. 7. He had been on temporary suspension since Dec. 1, 2008, for failing to respond to a complaint of misconduct. Vandever then filed a petition for dissolution of the suspension. A hearing was conducted on Dec. 22, 2008, and the panel recommended that the suspension be dissolved. The court agreed and granted his reinstatement.

Michael William Kardash of Reston, Va., was reinstated to the practice of law on Jan. 27 after complying with Supreme Court Rule 21, which requires mandatory continuing legal education. He had been suspended since January 2002.

Censured

A censure declares conduct improper but does not limit the right to practice law.

On Jan. 5, Charles G. Currier of Knoxville was publicly censured for being "grossly negligent and in willful contempt" for having failed to file appellate briefs in two criminal cases. He previously had been sentenced to five days in jail by the Tennessee Court of Criminal Appeals. Currier avoided the sentence by filing the briefs by the final date set by the court.

Sevier County lawyer Brent Edwin Lowe received a public censure from the Tennessee Supreme Court on Jan. 5 for failing to reimburse a client $400.11 after preparing an inaccurate closing statement. A hearing panel considered the matter and issued a public censure, which was adopted by the Supreme Court. The court determined that Lowe violated Rules of Professional Conduct 1.15(b) and 8.4 (c) and ordered him to pay the costs of the disciplinary proceeding.

Chattanooga lawyer James A. Hurst Jr. was publicly censured on Jan. 8 for failing to pay adequate attention to his client's collection case, misleading his client as to the status of the case, and failing to respond to repeated requests for information from the disciplinary counsel. The Board of Professional Responsibility filed a petition for discipline against Hurst, who subsequently submitted a conditional guilty plea. The court determined that Lowe violated Rules of Professional Conduct 1.1, 1.2, 1.3, 1.4 and 8.4 (a) and ordered him to pay the costs of the disciplinary proceeding.

The state Supreme Court issued a public censure on Jan. 14 to Memphis lawyer Tony N. Brayton after he failed to notify clients of two appellate court decisions. Brayton was appointed to represent a client on appeal of a voluntary manslaughter conviction. He also was appointed to represent a client on appeal of a first-degree murder conviction. In both cases, the court upheld the convictions. Because Brayton did not notify the clients of the decisions, the clients did not have time to request permission to appeal to the Supreme Court. Brayton previously had been suspended for failing to respond to the Board of Professional Responsibility about these complaints. That suspension was dissolved in September 2008.

On Jan. 16, Knoxville lawyer Randy K. Miller was censured for practicing law while on administrative suspension. His law license had been suspended on Sept. 21, 2007, for failure to comply with continuing legal education requirements. In November 2007, while on suspension, he signed a pleading in a divorce action, which violated Rule 5.5 of the Rules of Professional Conduct. Miller filed a request for reinstatement of his license later in November after resolving his CLE issue. He was reinstated on Nov. 26, 2008.

Nashville lawyer Cynthia J. Bohn was publicly censured on Jan. 26 for conduct found to be in violation of Rule 4.4(a) of the Rules of Professional Conduct. Bohn represented the wife in a contested divorce. During depositions and in response to a comment by the husband, Bohn became upset, threatened to terminate the deposition and used an expletive in ordering the husband out of her office. Bohn left the conference room but returned as the husband, his attorney, and the court reporter were leaving. Bohn again used an expletive and threatened to call the sheriff if the group did not leave. The husband's attorney filed the complaint of misconduct.

Wayne T. DeWees of Bolivar was censured on Jan. 26 for failing to advise the Hardeman County Chancery Court of material facts during an ex parte hearing. On April 25, 2005, the court held a hearing on a petition for adoption. Allegedly, DeWees knew about a conservatorship proceeding pending in Shelby County at the time of the hearing. The chancellor presiding over the adoption hearing was not advised of the conservatorship action or that there was any question about the client's competency. The final adoption order was issued on April 25, 2005. In May 2006, the Shelby County probate court found that the client was disabled and appointed a conservator. In November 2008, the Hardeman Chancery Court set aside the adoption order. Soon thereafter, the Supreme Court found that DeWees violated Rule 3.3(a) of the Rules of Professional Conduct.

Suspended

Suspension is effective 10 days after issuance, except where immediate suspension is necessary to protect the public. A suspended lawyer may not accept new clients but may continue representing current clients for 30 days. The lawyer must notify all clients, co-counsel and opposing counsel of the suspension order; return to clients any papers or property to which they are entitled; not use the indicia of lawyer, legal assistant or law clerk; and not maintain a presence where the practice of law is conducted. An attorney suspended for one year or more must prove by clear and convincing evidence that he has the moral qualifications, competency and learning required for admission to the practice of law, and that resumption of his practice would not be detrimental to the integrity and standing of the bar or the administration of justice, nor be subversive to the public interest. An attorney suspended for less than one year with conditions may resume practice after complying with those conditions. An attorney suspended for less than one year with no conditions may resume practice without reinstatement.

Knoxville attorney Nathanael E. Anderson was summarily suspended from the practice of law on Dec. 23, 2008, after pleading guilty to the serious crime of perjury. The court has referred his case to the Board of Professional Responsibility for a formal disciplinary proceeding.

On Jan. 5, the Tennessee Supreme Court suspended the law license of Sumner County attorney Jocelyn D. Mims. The suspension was imposed after Mims pleaded guilty to conspiracy to introduce, and attempted introduction of, contraband into a penal facility. The court also referred her case to the Board of Professional Responsibility for a formal disciplinary proceeding.

The Supreme Court temporarily suspended the law license of Memphis lawyer William Newton on Jan. 12 for failure to respond to a complaint of misconduct. The court's order stipulates that any hearing on modification or dissolution of the suspension will be conducted before a panel of two members of the Board of Professional Responsibility and one hearing committee member from Shelby County.

On Jan. 16, the Tennessee Supreme Court suspended the law license of Nashville attorney Edward L. Swinger for 120 days. The Board of Professional Responsibility had filed a petition for discipline and a supplemental petition for discipline against Swinger alleging neglect, failure to keep clients informed, failure to promptly forward settlement proceeds, and failure to hold a client's funds in a trust account. The board determined that his action violated Rules of Professional Conduct 1.1, 1.2(d), 1.3, 1.4, 1.5, 1.7, 1.15, 3.2 and 8.4. Swinger admitted he violated the rules and agreed to the suspension.

Williamson County lawyer Parrish Stanton was immediately and summarily suspended from the practice of law on Jan. 26 for failing to respond to a complaint of misconduct. Stanton has been on administrative suspension for failure to comply with continuing legal education requirements since August 2008. Both suspensions remain in effect until modified or dissolved by the Supreme Court.

Disability Inactive

Disability inactive status precludes an attorney from practicing law in the state immediately. The designation remains in effect until further order of the court, however the attorney is entitled to petition the court for reinstatement to active status once a year (or at shorter intervals if the court allows). To return to active status, the attorney must show by clear and convincing evidence that the disability has been removed and that he or she is fit to resume the practice of law.

On Jan. 16, the Tennessee Supreme Court issued an order transferring Nashville lawyer Sean K. Hornbeck to disability inactive status for an indefinite period of time. Hornbeck had been temporarily suspended by the court on Dec. 15, 2008. At the time he petitioned the court to transfer his license to disability inactive status, he also asked for dissolution of the temporary suspension. While the court approved the move to disability status, it ordered that the suspension be held in abeyance pending a hearing on any subsequent request for reinstatement to active practice.

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: Bruce Dwain Atherton, Louisville, Ky.; Robert Natole Farinacci, Concord, Ohio.

The following attorneys have complied with Section 20 of Supreme Court Rule 9, which requires the payment of annual registration fees, but remain suspended for noncompliance with continuing legal education requirements: Jewel Guy Boozer, Whiteville, Tenn.; Matthew Anthony Vegas, Millbrook, Ala.

Censured

A censure declares conduct improper but does not limit the right to practice law.

On Nov. 18, 2008, Timothy John Wibking of Franklin was publicly censured by the Board of Professional Responsibility after being charged with a misdemeanor. Wibking successfully completed the terms of pre-trial diversion and the charge ultimately was expunged. However, the board determined that he violated Rule 8.4(b) of the Rules of Professional Conduct by engaging in conduct that reflected adversely on a lawyer's honesty, trustworthiness and fitness to practice law.

On Dec. 9, 2008, Columbia lawyer Darren T. Cole received a public censure from the Board of Professional Responsibility for violations involving, among other things, threatening a judge. On Sept. 27, 2007, General Sessions Judge James Y. Ross Sr. signed a writ of possession brought by a bank against a client of Cole's and signed an arrest warrant for the client. A few days later, Cole called Judge Ross's office and spoke to his secretary. According to the secretary, Cole said Ross must recuse himself immediately and order return of the property taken pursuant to the writ or else he, Cole, would file an ethics complaint and lawsuit against the judge. This call was made without the presence of or notice to opposing counsel. Meanwhile, Cole commenced negotiations with the opposing attorney and offered to settle the case. He specifically stated in his settlement offer that his client would not file a disciplinary complaint against Judge Ross if opposing client agreed to the offer. The board determined that these actions violated Rules of Professional Conduct 3.1, 3.3, 3.4, and 3.5 as well as Rule 8 of the Rules of the Supreme Court.

Suspended

Suspension is effective 10 days after issuance, except where immediate suspension is necessary to protect the public. A suspended lawyer may not accept new clients but may continue representing current clients for 30 days. The lawyer must notify all clients, co-counsel and opposing counsel of the suspension order; return to clients any papers or property to which they are entitled; not use the indicia of lawyer, legal assistant or law clerk; and not maintain a presence where the practice of law is conducted. An attorney suspended for one year or more must prove by clear and convincing evidence that he has the moral qualifications, competency and learning required for admission to the practice of law, and that resumption of his practice would not be detrimental to the integrity and standing of the bar or the administration of justice, nor be subversive to the public interest. An attorney suspended for less than one year with conditions may resume practice after complying with those conditions. An attorney suspended for less than one year with no conditions may resume practice without reinstatement.

On Nov. 25, 2008, the Tennessee Supreme Court suspended Covington lawyer Richard D. Cartwright for three years but allowed the final two years to be served under probation. In representing several clients, Cartwright committed a series of ethical violations including failing to respond to requests, file timely pleadings or appear in court; mailing incorrect paperwork to opposing counsel; losing a client's money order; and failing to complete an adoption by the agreed date. In response, the board filed two petitions for discipline stating that Cartwright violated Disciplinary Rules 1-102, 5-101, 6-101, 7-101-102, and 9-102, and Rules of Professional Conduct 1.3, 1.4, 1.7, 1.15, 3.1, 3.4, 4.4, 5.1 and 8.4. Cartwright entered a conditional guilty plea. In addition to imposing the suspension and probation, the court ordered Cartwright to pay restitution to three complainants and remain in compliance with his Tennessee Lawyers Assistance Program contract for three years.

Wilson County lawyer Gary Wayne Vandever was suspended from the practice of law on Dec. 1, 2008, after the state Supreme Court determined that he failed to respond to the Board of Professional Responsibility regarding a complaint of misconduct. The suspension remains in effect until dissolution or modification by the court.

On Dec. 15, 2008, the Supreme Court of Tennessee issued an order immediately and temporarily suspending Nashville lawyer Sean K. Hornbeck from the practice of law upon finding that he posed a threat of substantial harm to the public. The suspension remains in effect until dissolution or modification by the court.

Disbarred

In Tennessee, disbarment becomes effective 10 days after an order of the court. Under the Rules of Professional Conduct, a disbarred lawyer must notify all clients, co-counsel and opposing counsel of the disbarment; must deliver to all clients any papers or property to which they are entitled; may not use the indicia of lawyer, counselor at law, legal assistant, law clerk or similar title; and may not maintain a presence or occupy an office where the practice of law is conducted. A lawyer who has been disbarred after hearing or by consent may not apply for reinstatement for at least five years. When applying, the lawyer must prove by clear and convincing evidence that reinstatement would not be detrimental to the integrity and standing of the bar or the administration of justice, nor be subversive to the public interest.

Timothy R. Balducci of New Albany, Miss., was disbarred by order of the Tennessee Supreme Court on Dec. 1, 2008, after pleading guilty to one count of conspiracy to bribe an elected state official. Following the plea, the Board of Professional Responsibility filed a petition for discipline stating that Balducci's actions violated Rule 8.4 of the Rules of Professional Conduct. Balducci did not respond to the petition. In addition to approving the disbarment, the court ordered Balducci to pay the costs of the disciplinary proceeding.

On Dec. 12, 2008, the Supreme Court of Tennessee disbarred Richard K. Cameron of Hopkinsville, Ky., following disbarment by the Supreme Court of Kentucky. That action was taken based on a number of complaints that alleged, among other things, that Cameron misappropriated funds from a conservatorship, double-charged fees to a client, and failed to competently and diligently represent his clients. In addition to imposing disbarment, the court ordered Cameron to pay the costs of the disciplinary proceeding and made full compliance with the Kentucky court order a condition for reinstatement in Tennessee.

On Dec. 12, 2008, Glenn Erikson of Tampa, Fla., was disbarred by the state Supreme Court after pleading guilty to one count of wire fraud affecting a financial institution " a violation of federal law. The Board of Professional Responsibility filed a petition for discipline and Erikson participated in a hearing by telephone on Aug. 12, 2008. He did not object to the allegations raised in the petition or the discipline requested. The court determined that Erikson's actions violated Rule 8.4 of the Rules of Professional Conduct 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:

Richard Edward Jackson, Pleasant View; Edward Victor Longinotti III, West Suffield, Conn.; James A. Meaney III, Dalton, Ga.; Roger Price Nimmo, Nashville; John Dudley Stuber, Memphis; James Clifford Walker, Columbia; and Michael Gregory Williams, Chattanooga.

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:

Roy Lee Steers Jr., Scottsdale, Ariz.

Censured

A censure declares conduct improper but does not limit the right to practice law.
  
Victoria L. DiBonaventura of Buchanan was publicly censured by the Board of Professional Responsibility on Sept. 12. In a termination of parental rights case, DiBonaventura requested and was granted a continuance to take a deposition. She then advised her client, because the client could not afford the deposition, that she would withdraw and ask the court to appoint a new lawyer. More than a year passed without DiBonaventura either taking the deposition or filing a motion to withdraw from representation. The board found that her conduct violated Rules of Professional Conduct 1.3 and 1.16(d).

On Oct. 28, Knoxville lawyer Anthony M. Avery received a public censure from the Board of Professional Responsibility for commingling the proceeds of a settlement with his own money. In representing a client, Avery settled a civil matter for the sum of $17,500. He then placed the proceeds in and disbursed the same from an operating account rather than an escrow account. The board reported that Avery's client suffered no loss but that his actions violated Rule 1.15 of the Rules of Professional Conduct.

Athens attorney Randy George Rogers received a public censure from the Board of Professional Responsibility on Oct. 28 for courtroom behavior that violated Rule 8.4(b) and (d) of the Tennessee Rules of Professional Conduct. Rogers appeared in circuit court on Jan. 19, 2007, on a motion to set aside an order of protection. When the court concluded another matter, Rogers attempted to gain the court's attention to advise that the matter would be passed. The court made a statement to the effect that it would not consider the matter at that time since it was in recess. In frustration, Rogers threw his file on the counsel table, made a hand gesture and uttered an expletive toward the judge. The judge did not witness the gesture nor hear the expletive. Rogers immediately went to the judge's chambers and apologized for his conduct and soon thereafter wrote a letter of apology. On Feb. 5, the court charged Rogers with criminal contempt. On Sept. 26, Rogers was found guilty of criminal contempt, fined $50 and sentenced to serve 10 days in jail and three years on probation.

Suspended

Suspension is effective 10 days after issuance, except where immediate suspension is necessary to protect the public. A suspended lawyer may not accept new clients but may continue representing current clients for 30 days. The lawyer must notify all clients, co-counsel and opposing counsel of the suspension order; return to clients any papers or property to which they are entitled; not use the indicia of lawyer, legal assistant or law clerk; and not maintain a presence where the practice of law is conducted. An attorney suspended for one year or more must prove by clear and convincing evidence that he has the moral qualifications, competency and learning required for admission to the practice of law, and that resumption of his practice would not be detrimental to the integrity and standing of the bar or the administration of justice, nor be subversive to the public interest. An attorney suspended for less than one year with conditions may resume practice after complying with those conditions. An attorney suspended for less than one year with no conditions may resume practice without reinstatement.
  
Nashville lawyer Ronald K. Nevin was suspended on Oct. 27 for six months by the Tennessee Supreme Court. The suspension was related to three complaints against Nevin in his role as a public guardian. As public guardian, he managed the financial and personal affairs of people under conservatorships or guardianships. The court found that in the first matter, Nevin improperly transferred money from his trust account to a conservatorship account, failed to preserve the identity of the ward's money, improperly retained interest owed to the ward's account and commingled trust fund accounts. In the second matter, the court found that he failed to file an accurate inventory of the ward's assets and misrepresented the value of the client's estate to the probate court. Finally in the third matter, Nevin failed to safeguard a minor's assets resulting in a tax sale of the minor's property. Nevin appealed the proposed suspension to the Chancery Court of Davidson County and then to the state Supreme Court. Both courts affirmed the suspension, finding that his actions violated Disciplinary Rules 1-102(A)(1), 6-101(A)(3), 7-101(A)(1) and 9-102(A)(B)(3).

The Tennessee Supreme Court on Nov. 3 suspended the law license of Kingsport attorney Jason H. Arthur for 30 days, but waived all time in exchange for one year of probation and restitution to the complainant. The court found that Arthur had requested and received fees and compensation on cases without remitting those fees and compensation to his former employer. It also determined that he wrote false letters to physicians regarding liens. Arthur agreed to the terms of his discipline. He may resume the practice of law without further order by the court. �

Compiled by Stacey Shrader from information obtained from the Board of Professional Responsibility of the Tennessee Supreme Court

Court of the Judiciary

Bedford County General Sessions Judge Charles Rich of Shelbyville received a public letter of reprimand from the Tennessee Court of the Judiciary on Oct. 10 for failing to make findings of fact and continuing to act on a case after recusing himself. In the first instance, the court found that Rich failed to make findings of fact in a juvenile case, which delayed the complainant's ability to appeal and resulted in an untimely resolution of issues. The court determined that failure to make findings violated Rule 28(f)(2) of the Tennessee Rules of Juvenile Procedure and that delaying an appeal violated Canon 3B(8) of the Code of Judicial Conduct. In the second matter, Rich signed three orders in the case after recusing himself in violation of Canon 3E(1)(a). The court stated that both actions were detrimental to the administration of justice and brought the judiciary into public disrepute.

Benton County General Sessions Judge Ronald E. Darby was placed on interim suspension on Oct. 21 by order of the Tennessee Court of the Judiciary. The action was taken after Darby was indicted by the Benton County Grand Jury on two counts of official misconduct for allegedly forcing probationers to perform labor on his private property.

 

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 L. Davis, Southaven, Miss.; Sherrie Lynne Durham, Mt. Juliet; Veronica Lynnette Fair-Miller, Memphis; Lisa Hatfield, Knoxville; Arienne Paige Brint Lebow, Houston, Texas; Cynthia Nienaber Henry; and Ramsdale O'DeNeal Jr., Jackson.

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:
Joseph Edward Beecham, Jackson; Kimberly Pinckard Kernodle, Oak Park, Ill.; James L. Rather, Tustin, Calif.

Nashville lawyer Kathy A. Leslie was reinstated to the practice of law on Oct. 8 after meeting conditions imposed by the court in a June 27, 2006, suspension. Leslie was suspended for 36 months, retroactive to April 6, 2004, for misappropriation of funds from two clients. She returned the funds prior to the disciplinary hearing, but the court ordered that she pay the full amount of the Board of Professional Responsibility's costs for the disciplinary proceeding. On April 28, Leslie filed a petition for reinstatement. At a hearing on Aug. 29, the court determined that (1) she paid the full amount due; (2) she demonstrated she has the moral qualifications, competency and learning in the law required for admission to practice law; and (3) resumption of her practice would not be detrimental to the integrity or standing of the bar or administration of justice, or subversive to the public interest.

Chattanooga lawyer Michael Joseph Mahn was reinstated to the practice of law on Oct. 22, after being temporarily suspended on Sept. 22 for failing to respond to a complaint of misconduct. On Sept. 26, Mahn filed a petition for dissolution. A hearing on Oct. 14 found that the suspension should be dissolved.

Censured

A censure declares conduct improper but does not limit the right to practice law.

Memphis lawyer Thelma J. Copeland was publicly censured by the Tennessee Supreme Court on Sept. 16 for failing to demonstrate an understanding of basic trust accounting principles, which led to improper management of a trust account and an overdraft. The court also placed Copeland on probation for one year, ordered her to engage a practice monitor, required her to enroll in a law practice management class within 60 days, and ordered her to pay the costs of the disciplinary proceeding. Copeland was found to have violated Rules of Professional Conduct 1.15 and 8.4(d).

On Sept. 16, Memphis lawyer Charles E. Waldman received a public censure from the Board of Professional Responsibility for consistently failing to comply with pro hac vice rules of the Arkansas Supreme Court, which led to him being held in contempt of court. The board found that his actions violated Rules of Professional Conduct 3.4, 5.5 and 8.4, and Disciplinary Rules 1-102, 3-101 and 7-106. He was also ordered to pay the costs of the disciplinary proceeding. Waldman submitted a conditional guilty plea and accepted the censure.

John Cris Helton of Chattanooga was publicly censured on Sept. 22 for failing to (1) properly administer an estate and (2) respond to court orders pertaining to administration of the estate. The Board of Professional Responsibility found that his actions violated Rules of Professional Conduct 1.1, 1.3, 1.5, 1.15, 3.2 and 8.4 (a) and (d), and ordered him to pay the costs of the disciplinary proceeding.

On Oct. 1, Steven Lee Williams of Knoxville was publicly censured by the Board of Professional Responsibility for continuing to practice law while administratively suspended for nine months. On July 11, 2007, Williams self-reported to the board that he had been practicing law while suspended. He submitted a conditional guilty plea and accepted the censure.

Jackson lawyer Blair A. Presson received a public censure on Oct. 6 after being found to have engaged in conduct that reflects adversely on a lawyer's honesty, trustworthiness or fitness to practice. Presson was charged with a Class A misdemeanor and given pre-trial diversion. He successfully completed the terms of the pre-trial diversion and his criminal record was expunged. The Board of Professional Responsibility determined that his actions violated Rules of Professional Conduct 8.4 (a), (b) and (d) and ordered him to pay the costs of the disciplinary proceeding. Presson submitted a conditional guilty plea and accepted the censure.

On Oct. 10, Dayton lawyer John Arnold Fitzgerald received a public censure from the Board of Professional Responsibility for violating Rules of Professional Conduct 1.6, 1.7 and 1.9. The board found that Fitzgerald had prepared a civil complaint against a former client in a matter substantially related to a case in which he previously had represented that client.

Francis X. Santore Jr. of Greeneville was publicly censured by the Board of Professional Responsibility on Oct. 13 for leaving what could have been construed as a threatening message on the voice mail of a defendant who had evaded service of process for several months. Santore filed suit against Cheryl Grizzle for an automobile collision that resulted in the death of his client. Grizzle evaded service of process for several months, after which Santore contacted her to advise her to accept service and contact the attorney for the uninsured motorist insurance carrier or face arrest. The board determined that the voice mail Santore left for Grizzle was angry and expletive-ridden, and could have been construed as threatening physical harm. The board found that Santore's conduct violated Rules of Professional Conduct 4.4(b) and 8.4(b) and (e). It did consider several factors in mitigation including the absence of a dishonest or selfish motive, full and free disclosure to the board, a cooperative attitude and a sense of remorse.

On Oct. 22, Terry Allen Scott of Memphis was publicly censured by the Board of Professional Responsibility for neglecting a client's divorce case. Scott submitted a conditional guilty plea. The court's order also dissolved a temporary suspension imposed on Scott in March for failure to respond to a complaint filed with the Board of Professional Responsibility.

Suspended

Suspension is effective 10 days after issuance, except where immediate suspension is necessary to protect the public. A suspended lawyer may not accept new clients but may continue representing current clients for 30 days. The lawyer must notify all clients, co-counsel and opposing counsel of the suspension order; return to clients any papers or property to which they are entitled; not use the indicia of lawyer, legal assistant or law clerk; and not maintain a presence where the practice of law is conducted. An attorney suspended for one year or more must prove by clear and convincing evidence that he has the moral qualifications, competency and learning required for admission to the practice of law, and that resumption of his practice would not be detrimental to the integrity and standing of the bar or the administration of justice, nor be subversive to the public interest. An attorney suspended for less than one year with conditions may resume practice after complying with those conditions. An attorney suspended for less than one year with no conditions may resume practice without reinstatement.

On Sept. 24, the Tennessee Supreme Court suspended for four months the law license of Chattanooga lawyer Jeffrey A. Stinnett. The court found that Stinnett continued to practice law while administratively suspended for noncompliance with continuing legal education requirements. Stinnett agreed to the suspension. He may resume the practice of law after four months without further order of the court.

Newport lawyer Susanna Laws Thomas was suspended on Sept. 29 for five years, retroactive to Sept. 19, 2007. The court found that she engaged in a number of improper activities including continuing to represent a party despite a conflict of interest, attempting to tamper with evidence, obstructing justice, engaging in disruptive conduct before a court, communicating with a represented party, failing to adequately communicate with clients and abandoning her law practice. The court stipulated that to be reinstated Thomas will have to show that she has (1) obtained statements from complainants reflecting satisfactory restitution to each; (2) had an assessment performed by a professional recommended by Tennessee Lawyer's Assistance Program; and (3) complied with any recommendations of that professional.

On Oct. 6, the Tennessee Supreme Court suspended Knoxville lawyer M. Josiah Hoover for 30 days, but ordered a 30-day probation in lieu of suspension. The court found that Hoover violated Tennessee Supreme Court Rule 8 and Rules of Professional Conduct 1.3, 1.4, 1.5, 1.15, 1.16 and 8.4 by failing to communicate with clients, promptly turn over files and monies to a client, notify a client of the receipt of funds from the sale of her home, and surrender all property and papers to a client after termination of representation. The court ordered him to pay the costs of the disciplinary proceeding.

On Oct. 7, the Tennessee Supreme Court suspended Bobby A. McGee, formerly of Linden, for three years, less 90 days he had already served on a prior suspension. On May 25, 2006, McGee was suspended from the practice of law for three years with all but 90 days waived if he fulfilled certain conditions, including complying with the Rules of Professional Responsibility. On Jan. 11, the Board of Professional Responsibility filed a petition to revoke the probation after McGee was charged with a criminal offense. McGee submitted a conditional guilty plea and agreed to revocation of the probation and reinstatement of the remainder of his three-year suspension.

Memphis lawyer David P. Burlison was suspended on Oct. 15 for three months by order of the Tennessee Supreme Court. The suspension is to begin when Burlison is reinstated from a 2006 suspension for noncompliance with continuing legal education requirements. The court found that Burlison had signed an agreement with a doctor to withhold settlement funds in the amount of $9,190.00 to satisfy outstanding medical bills. Although Burlison settled the case, he did not withhold the funds. The court determined that his actions violated Rules of Professional Conduct 1.15(b) and (c) and 8.4(a) and (d), and ordered him to make full restitution to the physician and pay the costs of the disciplinary proceeding as conditions of reinstatement.

On Oct. 21, Chattanooga lawyer Kevin Lee Featherston was suspended for 90 days by order of the Tennessee Supreme Court, effective Oct. 31. The court found that Featherston breached his fiduciary duty to his law firm by failing to report to fellow law firm shareholders the income and expenditures he received through a jointly owned title company. In addition, Featherston made a number of unauthorized withdrawals from the title company for personal expenses and purchases. These actions violated Rules of Professional Conduct 1.15 and 8.4(b) and (c). The panel convened by the Board of Professional Responsibility to hear the case recommended that Featherston be suspended for 30 days; however, the board appealed that recommendation to the chancery court of Hamilton County. The chancery court found that the suspension should be increased to 90 days and neither party appealed. In addition to imposing the suspension, the Supreme Court directed Featherston to pay the costs of the disciplinary proceeding.

Disbarred

In Tennessee, disbarment becomes effective 10 days after an order of the court. Under the Rules of Professional Conduct, a disbarred lawyer must notify all clients, co-counsel and opposing counsel of the disbarment; must deliver to all clients any papers or property to which they are entitled; may not use the indicia of lawyer, counselor at law, legal assistant, law clerk or similar title; and may not maintain a presence or occupy an office where the practice of law is conducted. A lawyer who has been disbarred after hearing or by consent may not apply for reinstatement for at least five years. When applying, the lawyer must prove by clear and convincing evidence that reinstatement would not be detrimental to the integrity and standing of the bar or the administration of justice, nor be subversive to the public interest.

On Sept. 24, Troy Lee Brooks of Mt. Juliet was disbarred by order of the Tennessee Supreme Court. The order was based on seven petitions for discipline, which alleged Brooks' conversion of client funds, incompetence and neglect. The order outlines the conditions with which Brooks must comply if he seeks reinstatement of his license. They include (1) successful completion of the Tennessee Bar Examination, including the ethics portion; (2) compliance with all disciplinary orders or rules; (3) provision of proof of rehabilitation and satisfactory completion of a fitness review; (4) completion of a full ethics course at an ABA-accredited law school; (5) full restitution in the amount of $90,344; (6) repayment of any funds borrowed to make restitution; (7) full payment of all disgorged fees totaling $64,082; (8) participation in the Tennessee Lawyer's Assistance Program; and (9) participation in an IOLTA trust account that requires multiple parties' approval to access the funds.

On Sept. 26, the Tennessee Supreme Court disbarred Chattanooga attorney Howard B. Barnwell from the practice of law based on seven separate complaints. The complaints contain allegations of neglect, noncommunication, abandonment of a client, practicing law while suspended, noncommunication with clients, incompetence, practicing law in Alabama without a license, and filing of fraudulent arbitration awards in Alabama. The court found that Barnwell also failed to respond to these petitions for discipline. In addition to suspending his law license, the court ordered Barnwell to pay the costs of the disciplinary proceeding.

Disability Inactive

Disability inactive status precludes an attorney from practicing law in the state immediately. The designation remains in effect until further order of the court, however the attorney is entitled to petition the court for reinstatement to active status once a year (or at shorter intervals if the court allows). To return to active status, the attorney must show by clear and convincing evidence that the disability has been removed and that he or she is fit to resume the practice of law.

On Oct. 22, the Tennessee Supreme Court transferred the law license of Nashville attorney Bryan Edwards Larson to disability inactive status for an indefinite period of time.

By order of the state Supreme Court filed May 23, the law license of Jacksboro attorney Timothy Paul Webb was transferred to disability inactive status for an indefinite period of time. �

Compiled by Stacey Shrader from information obtained from the Board of Professional Responsibility of the Tennessee Supreme Court.