TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 16, 2021

Hamilton County lawyer Glen Roy Fagan was suspended today by the Tennessee Supreme Court for six years, with five years to be served on active suspension and the remainder on probation. The court directed Fagan to engage the services of a practice monitor, complete six additional continuing legal ethics hours and reimburse all costs of the disciplinary proceeding. The court found that Fagan, a Georgia lawyer employed as in-house counsel in Tennessee, created a fictitious complaint and settlement, and authorized the transfer of funds from his employer to himself under the company’s mistaken belief it was settling the complainant. The court also found that he falsified a second complaint and authorized the transfer of money from his employer to himself. His actions violated Rules of Professional Conduct 4.1 and 8.4(b), (c) and (d).

Posted by: Stacey Shrader Joslin on Apr 16, 2021

Davidson County lawyer Memorie Kristina White received a public censure from the Tennessee Supreme Court yesterday. The court found that White, with knowledge that a corporation was represented by counsel, knowingly contacted corporate employees and negotiated a reduction of a judgment lien held by the corporation. A censure is a rebuke to the attorney but does not affect the ability to practice law.

Posted by: Stacey Shrader Joslin on Apr 14, 2021

The law license of Knox County lawyer Stephen Alexander McSween was transferred to disability inactive status yesterday. McSween may not practice law while on inactive status. He may return to the practice of law after reinstatement by the Tennessee Supreme Court upon showing that his disability has been removed.

Posted by: Stacey Shrader Joslin on Apr 14, 2021

The Tennessee Supreme Court issued a public censure for Knox County lawyer Terrill Lee Adkins yesterday. The court found that Adkins agreed to represent a defendant in a pending product liability trial while an attorney in his office had previously been involved in the same matter at a law firm that still represented the plaintiff. Though Adkins attempted to put screening procedures in place, the court ruled that the such procedures would not avoid the imputed disqualification of the firm under Rule 1.10(d). In another case, the court found that Adkins drafted a subpoena that contained “crass, sexist language.” These actions resulted in harm to the client and prejudice to the administration of justice, and violated Rules of Professional Conduct 1.10(d), 8.4(d) and 4.4.

Posted by: Kate Prince on Apr 13, 2021

Shelby County attorney Robert Harris Golder was today publicly censured by the Board of Professional Responsibility of the Tennessee Supreme Court. Golder represented two clients in petitions for post-conviction relief and a third client in a petition for habeas relief. In all three matters, Golder delayed in taking proper action on behalf of his clients, failed to respond to inquiries from his clients and failed to keep his clients updated on the status of their cases. In the habeas proceeding, Golder also missed applicable court deadlines and failed to deposit unearned fees into his trust account. A public censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.

Posted by: Kate Prince on Apr 8, 2021

Washington County lawyer Jeffrey Dennis Johnson was today censured by the Board of Professional Responsibility. Johnson responded to an online review from a former client in which he gave details about the former client, including health and medical conditions and the type of case in which Johnson represented the client. Johnson also stated that the former client asked him to make false representations to the court. The board found that these acts violated Rule of Professional Conduct 1.9(c) and Johnson was censured. A censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.

Posted by: Stacey Shrader Joslin on Apr 7, 2021

The Tennessee Supreme Court today transferred the law license of Shelby County lawyer Kathleen Laird Caldwell to disability inactive status. Caldwell may not practice law while on inactive status. She may return to the practice of law after reinstatement by the court after showing that her disability has been removed.

Posted by: Stacey Shrader Joslin on Apr 2, 2021

Davidson County attorney Jason Wade Barnette was permanently disbarred from the practice of law yesterday. The Tennessee Supreme Court reports that Barnette consented to disbarment because he could not successfully defend himself against the disciplinary charges. The court found that Barnette failed to communicate with clients and inform clients that he had been suspended; allowed default judgments to be entered against clients; posted misleading information on his web page suggesting he was authorized to practice law in another state; and failed to disburse settlement funds to his client. His actions were determined to violate Rules of Professional Conduct 1.3, 1.4, 1.5, 1.15, 1.16, 5.5, 7.1, 8.1 and 8.4(a), (d) and (g).

Posted by: Stacey Shrader Joslin on Apr 2, 2021

The Tennessee Supreme Court reinstated Shelby County lawyer Scott Bradley Ostrow to the practice of law on March 10. The court took the action after Ostrow demonstrated that he had paid the required reinstatement fee and all delinquent annual registration fees. The reinstatement was made retroactive to Feb. 23.

Posted by: Stacey Shrader Joslin on Apr 1, 2021

The Tennessee Supreme Court today vacated a suspension it imposed on Davidson County lawyer Charles Edward Walker on March 25. The court had suspended Walker for three years, with two years to be served on active suspension and one year on probation, and had directed him to engage a practice monitor. The court took the action believing that Walker had not appealed the Board of Professional Responsibility’s recommendation for discipline. The court says it has since learned that Walker did file an appeal but filed it in the wrong court. The order today also directs the Court of Appeals to transfer Walker’s appeal to it for consideration.


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