TBA Law Blog

Posted by: BPR Reports on Mar 31, 2009

Journal Issue Date: Mar 2008

Journal Name: March 2008 - Vol. 44, No. 3


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.


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.