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Posted by: Journal News on Sep 3, 2024

Journal Issue Date: September/October 2024

Journal Name: Vil. 60, No. 5

REINSTATED

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

  • Georgia lawyer Lauren Catherine Foster, June 25
  • Davidson County lawyer Eric Donn Miller, June 14
  • Kentucky lawyer Katherine Anne Shepherd, June 4
  • Hamilton County lawyer Jennifer Yates Stickley, June 28

The following lawyer had her law license reinstated after being on disability inactive status:

  • Davidson County lawyer Wendy Sue O’Neill, July 15

Hamilton County lawyer Kent Thomas Jones was reinstated to the active practice of law on June 28. He had been suspended for 90 days on Feb. 26. Jones filed a petition for reinstatement on June 5. The Board of Professional Responsibility found that the petition was satisfactory but directed Jones to pay half of the costs of the disciplinary hearing within 30 days and the remaining amount within 60 days.

On June 24, Coffee County lawyer Judith-Anne Ross St. Clair was reinstated to the active practice of law with conditions. The Tennessee Supreme Court directed St. Clair to engage a practice monitor for one year, continue to comply with her current Tennessee Lawyer Assistance Program (TLAP) monitoring agreement, attend the next two Camp TLAP events, continue to engage with her therapist for one year, and complete 15 hours of continuing legal education, including at least three hours of legal ethics, as long as she remains licensed. St. Clair was suspended in July 2018 with three years to be served on active suspension and six months to be served on probation.

DISABILITY INACTIVE

The following lawyers had their law licenses transferred to disability inactive status. They may not practice law while on inactive status. They may seek reinstatement by the Tennessee Supreme Court after showing that the disability has been removed.

  • Shelby County lawyer Richard Alan Gordon, May 31
  • Knox County lawyer Keith Allen Pope, June 15

DISCIPLINARY
Disbarred

The Tennessee Supreme Court permanently disbarred Davidson County lawyer Robert Allen Doll III on June 20 after he was convicted on three criminal charges. The decision upholds the recommendation of a Board of Professional Responsibility (BPR) hearing panel and the Davidson County Chancery Court, both of which Doll challenged. The court found that Doll, while representing a client in post-divorce proceedings, signed the client’s name to a petition and instructed the client to tell the court she had signed the document. The client testified that Doll never informed her she could be charged for lying under oath, and in fact, she was indicted on two counts of aggravated perjury. A jury convicted Doll on two counts of subornation of aggravated perjury for having his client lie under oath and one count of criminal simulation for forging the client’s signature.

On June 10, the Tennessee Supreme Court permanently disbarred Roane County lawyer Christopher Shawn Roberts from the practice of law and ordered him to close his law firm IOLTA account, pay restitution to his former client and pay all costs incurred to the Board of Professional Responsibility. The court took the action after finding that Roberts failed to diligently represent a client, provide competent representation, turn over client materials after termination of representation and reasonably communicate with his client. He also was found to have knowingly violated court orders, charged an unreasonable fee, concealed documents meant for others, advised his client to lie to a court officer, provided false information to the court, and engaged in conduct involving dishonesty, deceit and misrepresentations. His actions were determined to violate Tennessee Rules of Professional Conduct: 1.1, 1.2(a) and (d), 1.3, 1.4, 1.5, 1.16, 3.2, 3.3(a), 3.4(c), 4.1(a) and 8.4(a)(c)(d).

Suspended

The following lawyers were suspended from the practice of law after failing to respond to the Board of Professional Responsibility about a misconduct complaint:

  • Maury County lawyer Amanda Howell Castillo, July 26
  • Hamilton County lawyer Steven Michael Hodgen, May 31

Knox County lawyer Gary Lee Anderson was suspended from the practice of law on July 2 for five years, followed by a period of indefinite suspension until $1,370 in restitution is paid to a former client. The court also directed Anderson to meet all CLE requirements, pay all costs incurred in the disciplinary matter within 90 days, and remit all outstanding registration fees and professional privilege taxes. The court took the action after finding that Anderson failed to communicate with clients, act in a diligent manner, expedite clients’ litigation, obtain informed consent from a client, respond to requests for information from disciplinary counsel, delineate and/or specify limits on the scope of representation, and take reasonable steps to protect clients’ interest after terminating representation. He also was found to have charged an unreasonable fee and a non-refundable fee without the client’s written agreement, and accepted client referrals from a non-registered intermediary organization. These actions violated Tennessee Rules of Professional Conduct 1.1, 1.2, 1.3, 1.4, 1.5, 1.8, 8.1(b) and 8.4 (a), (c) and (d).

On June 28, the Tennessee Supreme Court suspended Knox County lawyer Jonathan William Doolan from the practice of law for nine months, with one month to be served on active suspension and the remainder on probation with conditions. According to the court’s order, Doolan must contract with the Tennessee Lawyers Assistance Program and comply with any of its recommendations. The action was taken based on two complaints that Doolan failed to reasonably communicate with clients, act in a diligent manner, expedite litigation, respond to discovery requests in a timely manner, properly withdraw from representation, work within the scope of his representation, take reasonable steps to protect the client’s interest after terminating representation, and comply with requests for information from disciplinary counsel. Doolan agreed to a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 1.2, 1.3, 1.4, 1.16, 3.2, 3.4 and 8.1.

The Tennessee Supreme Court on June 12 imposed a three-year suspension on Knoxville attorney Loring Justice. The decision affirmed the recommendation of a hearing panel and overturned a chancery court decision, which had imposed permanent disbarment. (Justice was disbarred in 2019, under previous rules that did not make disbarment permanent.) The court found that Justice made insulting and inflammatory statements about the judge presiding over a child custody dispute involving his minor child and the child’s mother. Specifically, the court found that the statements were false, were made to disrupt a judicial proceeding, caused unnecessary delay, needlessly increased litigation costs, and undermined public confidence in the administration of justice. His actions were determined to violate Tennessee Rules of Professional Conduct 3.5(e), 8.2(a)(1), 8.4(a) and 8.4(d). The court ordered Justice to obtain an additional six hours of ethics continuing legal education as a condition for reinstatement.

Censured

Washington, D.C., lawyer Johnnie Daniel Bond Jr. received a public censure from the Tennessee Supreme Court on July 1. The court found that while he was administratively suspended for failure to pay his annual fee and report on IOLTA funds, Bond was engaged in the active practice of law, including filing pleadings, appearing in court and entering agreed orders. During the suspension, Bond also advertised that he had law offices in Memphis and Nashville. These actions were determined to violate Rules of Professional Conduct 5.5 and 7.1.

Davidson County lawyer Sheryl D. Guinn received a public censure from the Tennessee Supreme Court on July 22. The court found that at the urging of a client, Guinn filed a health care liability lawsuit against a psychiatrist who treated the client, even though she did not believe there was a good faith basis for the suit. Guinn charged her client a $3,000 retainer and filed the suit. The other side was successful in getting the suit dismissed and the court awarded sanctions against Guinn. Her actions were determined to violate Rules of Professional Conduct 1.1, 1.5, 3.1 and 8.4(d).

Davidson County attorney Marvin Don Himmelberg received a public censure from the Tennessee Supreme Court on July 16. In defending a juvenile client against criminal charges, the court found that Himmelberg failed to appear for the client’s arraignment hearing, jeopardizing the client’s plea deal, and failed to refund any part of the client’s fee. These actions were determined to violate Rules of Professional Conduct 1.3, 1.4 and 1.5.

The Tennessee Supreme Court on July 19 affirmed a censure for Montgomery County attorney Colleen Ann Hyder. The court found that she continued to represent clients after being suspended in 2020 for failing to pay the annual professional privilege tax. Hyder argued that she had a grace period to wind down her practice following the suspension. The court found that the suspension was effective immediately, and that Hyder violated Tennessee Rule of Professional Conduct 5.5(a) by engaging in the unauthorized practice of law.

Wilson County lawyer Lindsey Leigh Lawrence received a public censure from the Tennessee Supreme Court on July 22. The court found that in the representation of clients in a civil proceeding, Lawrence failed to file a reply to a counterclaim in compliance with applicable rules, failed to respond to written discovery (resulting in dismissal of her clients’ claims) and failed to keep clients advised of case status. In another case, Lawrence failed to pay an adult ward’s ongoing expenses, resulting in her removal as conservator by the court. Her actions were determined to violate Rule of Professional Conduct 1.3, 1.4 and 3.2.

Shelby County lawyer Kathryn Nan Maceri received a public censure from the Tennessee Supreme Court on July 15. The court found that Maceri violated Rules of Professional Conduct 1.3, 1.4 and 5.3 when she failed to communicate with a client, provide competent and diligent representation, and breached her responsibilities regarding nonlawyer assistants when her legal assistant provided the client with an altered work permit. As a result, the work permit was unusable, and the client had to hire a new attorney to complete the task.

Virginia lawyer Justin Grey Woodward was censured on July 22 by the Tennessee Supreme Court. The court found that while representing a client in a contract dispute, Woodward failed to take prompt action after filing a lawsuit, resulting in a significant delay in the proceedings. He also failed to keep his client updated regarding the status of the proceedings or respond to his client’s requests for information. These actions were determined to violate Rules of Professional Conduct 1.3, 1.4, 1.16(a) and 3.2.

Overton County lawyer Jonathan Lee Young received a public censure from the Tennessee Supreme Court on July 3. Young represented a client in an emergency conservatorship petition. During the representation, he signed another attorney’s name  to an order naming an attorney ad litem to the case. Young claimed he had permission to sign the name, but the court found that he did not obtain authorization. The order was presented to the presiding judge ex parte and was signed. Young then failed to file the pleading with the clerk of the court and failed to notify the guardian ad litem or the newly appointed attorney ad litem. In the same case, Young also filed pleadings with incomplete information and multiple documents with improper notarizations. Young agreed to a conditional guilty plea acknowledging that his conduct violated Tennessee Rules of Professional Conduct 1.3, 3.3(a) and 3.5(b).

Sumner County lawyer Joseph Timothy Zanger received a public censure from the Tennessee Supreme Court on July 17. The court found that Zanger made several procedural errors in handling an adoption case for one client and failed to obtain entry of a qualified domestic relations order for over three years for another client. These actions were determined to violate Rule of Professional Conduct 1.1, 1.3, 1.4, 1.16 and 3.2.

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. |||