TBA Law Blog

Posted by: Katharine Heriges on Jun 11, 2018
The Supreme Court of Tennessee on Friday suspended Knoxville attorney Charles Edward Daniel from the practice of law for three years, with one year to be served on active suspension and the remaining two years on probation. The Board of Professional Responsibility filed a petition for discipline against Daniel based upon a complaint of misconduct. Daniel made unauthorized deposits of funds from his law partnership into his personal account over a three-year period while he managed the partnership’s accounting books. Daniel claimed that his partners were aware of these deposits and that he was entitled to all of the funds that he took because of expense advances he had made to the partnership. A hearing panel found that Daniel intentionally concealed the transactions from his law partners and misappropriated funds from his law firm partnership. The hearing panel imposed a three-year probation. The Board of Professional Responsibility appealed the decision. The Tennessee Supreme Court affirmed the decision of the hearing panel, but concluded that the hearing panel acted arbitrarily and capriciously by probating the entirety of Daniel’s suspension. The court modified the disciplinary sanction by including a period of active suspension for one year.