TBA Law Blog

Posted by: Stacey Shrader Joslin on Jul 21, 2020

The Tennessee Supreme Court today censured Davidson County lawyer Jason Daniel Holleman based on his representation of clients who sought to obtain a cemetery by adverse possession and move it to another location. Holleman filed a petition to quiet title and termination of a cemetery known as the Rains Cemetery. He delegated to a non-lawyer the responsibility of contacting descendants of the Rains family and publishing notice of the petition though he did not provide appropriate direction. Holleman also misrepresented to the court that (1) notice of the petition to quiet title had been published when it had not, and (2) a descendant of the family buried in the cemetery had agreed to re-inter the bodies at a perpetual care cemetery. Holleman obtained a default judgment on pleadings that, at the time the motion was filed, were no longer true as the historic cemetery had been restored. The court found his conduct violated Tennessee Rules of Professional Conduct 1.1, 1.3, 3.1, 5.3 and 5.4.