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Posted by: Journal News on May 6, 2024

Journal Issue Date: May/June 2024

Journal Name: Vol. 60, No. 3

REINSTATED

The following lawyers had their law licenses reinstated after being on inactive status for more than five years:

  • Fayette County lawyer Lundy Lee Carpenter, Jan. 31
  • Sullivan County lawyer Nicholas C. Cooper, March 12
  • Williamson County lawyer Melanie Valunas Dillender, March 22
  • Shelby County lawyer Bernice Bouie Donald, Jan. 26
  • Hamilton County lawyer Jessica Mines Dumitru, Feb. 5
  • Georgia lawyer Erik Todd Fuqua, March 22
  • Florida lawyer Tracey Robinson-Coffee, Jan. 11

Williamson County lawyer Melissa Ann Baker was reinstated to the active practice of law on Feb. 28 by the Tennessee Supreme Court, conditioned on continuing compliance with the terms and conditions imposed by the court on Feb. 6, 2023. Baker previously was suspended for three years, with one year to be served on active suspension. Baker filed a petition for reinstatement on Jan. 12.

Sevier County lawyer James Ralph Hickman Jr. was reinstated to the practice of law on March 22 with the condition that he engage a practice monitor and continue to comply with the terms and conditions of a judgment entered on June 30, 2023. Last summer, the Tennessee Supreme Court suspended Hickman for one year, with six months to be served on active suspension. Hickman filed a petition for reinstatement on Feb. 15.

PETITIONS DISMISSED

The Tennessee Supreme Court on Feb. 15 dismissed a reinstatement petition filed by Shelby County lawyer Teshaun David Moore because the petition was not properly filed. The court noted that attorneys seeking reinstatement from a suspension in excess of one year must file their petitions with the Board of Professional Responsibility, not the court. The justices also point out that reinstatement petitions must be accompanied by a $2,000 advance cost deposit.

The Tennessee Supreme Court on Feb. 21 dismissed a petition from Williamson County lawyer Connie Lynn Reguli to dissolve a temporary suspension that was imposed in November 2023, after the court found that Reguli posed a threat of substantial harm to the public. Later that month, Reguli filed a petition seeking “immediate relief of reversal” of the suspension or, alternatively, an evidentiary hearing. The court granted the request for a hearing but dismissed the petition for reversal. On Jan. 23, Reguli filed a proposed order of voluntary nonsuit. The Board of Professional Responsibility objected to the proposed order and recommended the court dismiss the dissolution petition without prejudice. The court adopted the board’s recommendation.

DISABILITY INACTIVE

On Feb. 2, the Tennessee Supreme Court transferred the law licenses of three attorneys to disability inactive status:

  • Hamilton County lawyer Jeffrey D. Boehm
  • Williamson County lawyer William Howard Knapp
  • Hamilton County lawyer Carol Anne Mutter

DISCIPLINARY
Disbarred

Jackson attorney Angela Joy Hopson was permanently disbarred by the Tennessee Supreme Court on Feb. 9 and ordered to pay restitution in the amount of $35,234 to eight individuals, as well as the costs of the disciplinary proceeding. The court took the action after Hopson was found to have violated the Rules of Professional Conduct for misappropriating client money, failing to appear, misleading clients, failing to notify clients of the status of cases, failing to communicate with clients, failing to prosecute cases diligently, charging an unreasonable fee, failing to refund unearned fees, engaging in the unauthorized practice of law while suspended, and failing to respond to the Board of Professional Responsibility. Hopson previously had been temporarily suspended for failing to respond to the board regarding an unrelated complaint. The court dissolved that suspension.

The Tennessee Supreme Court permanently disbarred Nashville attorney Brian Manookian on Feb. 16 for professional misconduct, including sending “a series of intimidating, demeaning, embarrassing and harassing communications to opposing counsel”; improperly revealing confidences regarding a former client; publishing statements and accusations he knew were false or had no basis in fact; and engaging in conduct that was prejudicial to the administration of justice. The court found these actions violated Rules of Professional Conduct 1.9, 4.4, 8.2 and 8.4. In imposing disbarment, the court reversed a decision of a Tennessee Board of Professional Responsibility hearing panel and chancery court, which had recommended suspension. The court rejected that recommendation, saying that Manookian’s continuing, serious violations of multiple Rules of Professional Conduct, even after receiving several sanctions and suspensions, left disbarment as the only appropriate action. The court also directed Manookian to pay $30,251.50 to cover the cost of his disciplinary proceeding.

Suspended

The Supreme Court of Tennessee on Feb. 26 suspended Cleveland attorney Kent Thomas Jones from the practice of law for 90 days. The court found that Jones sent threatening and/or derogatory emails to his client and opposing counsel in two separate matters, that he failed to properly maintain client funds in a trust account and failed to satisfy a lien obligation in a timely manner from which his client suffered actual harm. His actions were determined to violate Tennessee Rules of Professional Conduct 1.3, 1.15, 4.4, 8.4(a) and 8.4(d).

On March 14, the Tennessee Supreme Court suspended Florida lawyer Joy T. Reid from the practice of law in Tennessee for 60 days. The court reports that Reid applied for comity admission to the Tennessee bar, but that during review of her application for admission, the Tennessee Board of Law Examiners discovered that she appeared to be holding herself out as a currently licensed Tennessee attorney. The Tennessee Board of Law Examiners conducted a show cause hearing during which Reid made misstatements of material fact. She agreed to a conditional guilty plea acknowledging her conduct violated Tennessee Rules of Professional Conduct 5.5, 7.1 and 8.4(c).

On March 22, the Tennessee Supreme Court temporarily suspended Hawkins County lawyer Terry Risner after finding that he was substantially non-compliant with his Dec. 20, 2023, Tennessee Lawyer Assistance Program (TLAP) Preliminary Evaluation and Assessment Monitoring Agreement. The suspension will remain in effect until dissolution or modification by the court. The court also granted a motion to file documents in this case under seal.

Connecticut lawyer Wesley Shelman Spears was suspended for two years, retroactive to Oct. 25, 2023, by the Tennessee Supreme Court on March 22. The court reports that Spears received a two-year suspension from the State of Connecticut Superior Court in the Judicial District of Hartford on Sept. 25, 2023. On Feb. 13, the Tennessee Supreme Court directed Spears to respond as to why the same discipline should not be imposed in the Tennessee. The court notes that Spears failed to respond.

On Feb. 28, the Tennessee Supreme Court suspended Johnson County attorney Perry Lee Stout from the practice of law until further order. Stout entered a plea of guilty and was adjudged guilty to one felony count of criminal conspiracy to possess Schedule VI-controlled substances and one felony count of money laundering in violation of Tenn. Code. Ann. §§ 39-17-417, 39-12-103 and 39-14-903.

Censured

Robert L. Bakeris, a Florida licensed attorney, received a public censure from the Supreme Court of Tennessee on Feb. 23. While appearing in a Tennessee matter pro hac vice, Bakeris failed to pay the required registration fees for a two-year period. Upon learning of the missed payments, Bakeris made full payment of the unpaid fees and asserted it was an inadvertent oversight. He agreed to a conditional guilty plea acknowledging that his conduct violated Rule 3.4(c) of the Rules of Professional Conduct.

Putnam County lawyer Michael Robert Giaimo received a censure from the Tennessee Supreme Court on Feb. 22. The court found that after Giaimo filed lawsuits on behalf of a client, he failed to communicate with the client for more than a year, inform the client that he moved to a different firm, properly serve process on a defendant and correct that mistake before the statute of limitations ran on the claim. His actions were determined to violate Rules of Professional Conduct 1.1, 1.3, 1.4, 1.16 and 3.2.

On March 4, Davidson County attorney Wesley Jesse Ladner III received a public censure from the Supreme Court of Tennessee. The censure was conditioned on Ladner contacting the Tennessee Lawyers Assistance Program and complying with any of its recommendations and engaging a practice monitor for two years. The court found that in representing a client in a divorce matter, Ladner engaged in abuses of the discovery process, failed to diligently and timely respond to discovery requests, and made factual misstatements to the court and opposing counsel. Ladner agreed to a conditional guilty plea acknowledging his conduct violated Rules of Professional Conduct 1.3, 3.1, 3.3, 3.4, 8.4(c) and (d).

Board of Judicial Conduct

The Board of Judicial Conduct suspended Sullivan County Circuit Court Judge William K. Rogers for 30 days on March 6. The suspension ran from March 13-31 and April 20-30. The board took the action after Rogers was arrested for and plead guilty to driving under the influence. The board reports that Williams underwent an evaluation for substance abuse, but the Tennessee Lawyers Assistance Program did not find that he required treatment for a substance abuse problem. After conducting a full investigation, the board determined that these actions violated Rules of Judicial Conduct 1.1, 1.2, 3.1(A) and 3.1(C).

The Board of Judicial Conduct imposed a public reprimand on Shelby County Judge Paula L. Skahan on Feb. 14. The reprimand addressed two matters. The first involved “injudicious” comments Skahan made about the county’s formal district attorney and a trial judge. The second involved an ex parte conversation Skahan had about a case with the Shelby County District Attorney’s office. The board found that the conversation suggested Skahan had predetermined the outcome of the case and directed the actions of the parties to reach a certain result.

Administrative Suspensions

Notice of attorneys suspended for, and reinstated from, administrative violations — including failure to pay the Board of Professional Responsibility licensing and inactive fees, file the required IOLTA report, comply with continuing legal education requirements, and pay the Tennessee professional privilege tax — is on the TBA website at www.tba.org/administrative_suspensions. |||